• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.181-226
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• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• Journal of the Korean Institute of Landscape Architecture
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• v.37 no.2
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• pp.47-61
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• 2009

The purpose of this study was to understand the laws related to the safety management of children's play facilities(LRSMCPF) including the "Safety Supervision Law of Children's Play Facilities(SSLCPF)" and the "Quality Management and Industrial Products Safety Management Law(QMIPSAL)", in order to analyze the problems by 4 phases-development of products, landscape design, landscape construction and maintenance considering landscape project procedure-and to propose a revision of the laws. The results are as follows: 1. The various LRSMCPF, SSLCPF and QMIPSAL, as basic laws for the safety management of children's play facilities, were insufficient regarding the features of children's play facilities and play spaces, which are both comparatively varied and complex. 2. In development of products, the one-year duration of safety certification based on QMIPSAL was too short and the procedure for safety certification were redundant in both products and plants inspection, and export and import product inspection. 3. The field inspection of construction sites based on SSLCPF was repeated with quality control and a consultation of rules based on "Construction Technology Management Law". 4. There are not enough safety inspection organizations regarding children's play facilities to meet the demand of safety certification, safety inspection, and safety education in the near future. 5. For children's play safety, the establishment of a general safety management system for children's play connected with the phases is needed to ensure safe play equipment, to construct safe playgrounds, and to manage play facilities. The criteria, regulations, and procedure regarding safety certification and safety inspection of play facilities must be revised efficiently and standardized to a global level as well. To improve the system and contents of safety certification and inspection, authorization of safety inspection organizations based on landscape architecture is needed. Further study will be required to concretely analyze in detail the laws, enforcement decrees and rules, and ordinances that consider the practical experience of professional landscape architects, inspectors, and lawyers.

• Journal of the Society of Disaster Information
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• v.14 no.3
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• pp.238-246
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• 2018

Purpose: The purpose of this study is to examine the directions for establishing a disaster safety village in rural areas where damage from a similar type of disaster occurs repeatedly by conducting the consciousness survey targeting at experts and disaster safety officials in a local government. Method: The risks of disaster in rural areas were examined and the concept and characteristics of disaster safety village which is a measure on the basis of Myeon (township) among the measures of village unit were examined in order to carry out this study. In addition, opinion polling targeting at officials-in-charge in the local government and survey targeting at experts in disaster safety and building village were conducted. Based on the findings, the directions for establishing a disaster safety village that fitted the characteristics of rural areas were examined. Result: The officials-in-charge in the local government answered that rural areas have a high risk of storm and flood such as heavy snowing, typhoon, drought, and heavy rain as well as forest fire, and it is difficult to draw voluntary participation of farmers for disaster management activities due to their main duties. They also replied that active support and participation of residents in rural areas are necessary for future improvement measures. The experts mostly replied that the problem of disaster safety village project is a temporary project which has low sustainability, and the lack of connections between the central government, local governments and residents was stressed out as the difficulties. They said that measures to secure the budget and the directions of project promotion system should be promoted by the central government, local governments and residents together. Conclusion: The results of this study are as follows. First, a disaster safety village should be established in consideration of the disaster types and characteristics. Second, measures to secure the budget for utilizing the central government fund as well as local government fund and village development fund should be prepared when establishing and operating a disaster safety village in rural areas. Third, measures to utilize a disaster safety village in rural areas for a long period of time such as the re-authorization system should be prepared in order to continuously operate and manage such villages after its establishment. Fourth, detailed measures that allow residents of rural areas to positively participate in the activities for establishing a disaster safety village in rural areas should be prepared.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.29 no.2
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• pp.139-148
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• 2011

This study has a purpose of base study for ascertaining landscape architect's role of Reung Chambong through analyzing old literature include Kyungkukdae-Jeon, Sokdae-Jeon, Daejeonhoitong, Joseonwangjo-Sillok, Eugye, Reung-Ji, Ilsung-Rok, Reung Chambong's diary. Reung Chambong was a government post in the Joseon dynasty, who managed Royal Tombs of Joseon Dynasty that has promoted as a World Heritage of UNESCO. the conclusions drawn from this study are as follows. First, Reung Chambong was comprised of two Jong 9 pum Chanmbong members. a position of Reung Chambong was a Eumjik appointed Saengwon, Jinsa, Yuhak completed Sammang. the standards of appointment is a experienced person and too young. it became means for accessing a government post because it had a symbolic representation of Royal Tombs guardian. Second, The management system of Reung Chambong was approved on the basis of ranking. however, due to geographical reasons, they had much authority and various mission than is possible. for example, construction supervisor of the Reung and Bongsim, manager of the Reungsuhogun and filling out Reungji. they performed an important role in management of Royal Tombs in the Joseon dynasty. Third, One of tasks related in landscape architecture, a Bongshim reported Sukmul(stonework), Sacho, Jungja-Gak of Reungsang to Yejo periodically. formational system and method of Bongshim are provided in the Kyungkukdae-Jeon and Sokdae-Jeon detailedly. Fourth, Tree management and construction supervisor of Reungsang, positions among tasks related in landscape architecture, required basic understanding and management ability of botany, various eye for spatial perception includes civil and architectural projects. also, as a site management of Royal Tombs in the Joseon dynasty, Reung Chambong was empowered tacit authorization and responsibility in mobility preoccupancy of vertical relationship with local officials and handling by-product of site. there is a close correspondence with landscape architect of today. A follow-up research is required to ascertain landscape architect historical values of Royal Tombs in the Joseon dynasty and Reung Chambong's role as a site management of Royal Tombs in the Joseon dynasty through historical seeking and research old literature on Reung Chambong's role related in landscape architect.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• Korean Security Journal
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• no.41
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• pp.293-326
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• 2014

Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

• Journal of Food Hygiene and Safety
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• v.22 no.4
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• pp.338-345
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• 2007

This study surveyed on the actual conditions of using sanitizers and disinfectants for improvements of sanitization on food utensils at 105 school and 20 industry foodservice operations. The questionnaire which was administered to 125 foodservices was used as a mail or visitation method. The answers of asking "Perception on temporary authorization system of sanitizers and disinfectants on food utensils" were 75% in contract managed school foodservices, 81.8% in self operated school foodservices, and 50% in industry. Main factors to choose sanitizers were sterilizing power (38.6%, 28.6%, 38.9%) and safety (32.6%, 46.1%, 33.3%) at every foodservices. Keeping ratio of sanitizers and disinfectants guidelines in contract managed school, self operated school and industry foodservices were 64.8%, 52% and 73.7%, respectively. If easy and practical guideline is developed, most foodservices replied to use if for disinfection of foodservices. Most of the foodservices were not only knowing sanitizers and disinfectants but also possessing a guideline. However, they didn't perform disinfection according to the guideline due to its complexity. Consequently, we suggest that it is necessary to provide an easy and practical "sanitizers and disinfectants guideline" and useful information.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.1 no.1
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• pp.11-23
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• 2003

A study on the electrolytic dissolution of SUS-304 and Inconel-600 specimen was carried out in neutral salt electrolyte to evaluate the applicability of electrochemical decontamination process for recycle or self disposal with authorization of large amount of metallic wastes contaminated with uranium compounds generated by dismantling a retired uranium conversion plant in Korea. Although the best electrolytic dissolution performance for the specimens was observed in a Na2s04 electrolyte, a NaNO$_3$ neutral salt electrolyte, in which about 30% for SUS-304 and the same for Inconel-600 in the weight loss was shown in comparison with that in a Na$_2$SO$_4$ solution, was selected as an electrolyte for the electrochemical decontamination of metallic wastes with the consideration on the surface of system components contacted with nitric acid and the compatibility with lagoon wastes generated during the facility operation. The effects of current density, electrolytic dissolution time, and concentration of NaNO$_3$ on the electrolytic dissolution of the specimens were investigated. On the basis of the results obtained through the basic inactive experiments, electrochemical decontamination tests using the specimens contaminated with uranium compounds such as UO$_2$, AUC (ammonium uranyl carbonate) and ADU (ammonium diuranate) taken from an uranium conversion facility were performed in 1M NaNO$_3$ solution with the current density or In mA/$\textrm{cm}^2$. it was verified that the electrochemical decontamination of the metallic wastes contaminated uranium compounds was quite successful in a NaNO$_3$ neutral salt electrolyte by reducing $\alpha$ and $\beta$ radioactivities below the level of self disposal within 10 minutes regardless of the type of contaminants and the degree of contamination.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.225-285
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• 2017

In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.