• Title/Summary/Keyword: Commercial Law

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Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

The monitoring of some heavy metals in oriental mineral medicines (광물성 생약 중 중금속의 모니터링)

  • Han, Eunjung;Chung, Jaeyeon;Park, Kyungsu;Kang, Inho;Kang, Sinjung;Kim, Yunje
    • Analytical Science and Technology
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    • v.21 no.6
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    • pp.480-486
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    • 2008
  • This paper reports on the monitoring results of some heavy metals (Pb, Cd, As and Hg) in oriental mineral medicines. Levels of Pb, Cd and As were determined using the acid digestion method and ICP-MS. Hg levels were determined using the gold amalgamation method and Automatic mercury analyzer (AMA). The results indicated that, in the case of Pb, 25.81% (24 cases) of the samples were over MRL (5 mg/kg). Pb levels in Calamina, Pumex, and Cinnabaris exceeded MRL (5 mg/kg). In the case of Cd, 9.68% (17cases) of the samples were over MRL (0.3 mg/kg). Cd levels in Calamina, Pumex and Cinnabaris were exceeded MRL (0.3 mg/kg). In case of As, 24.73% (23 cases) of samples exceeded MRL (3 mg/kg). As levels in Calamina, Lithargyrum, Vermilionum, Cinnabaris and Chalcocitum exceeded MRL (3 mg/kg). In the case of Hg, it was shown that the 76.34% (78 cases) of the samples exceeded MRL (0.2 mg/kg). Hg levels in almost all the samples exceeded MRL (0.2 mg/kg). These results led us to recommend that the domestic commercial law to be legislated to ensure the quality estimation and safety of oriental mineral medicines.

Analysis for Circumstance of Maritime Transport in the Chinese northeastern three provinces towards Sustainable New Northern Policy

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.4
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    • pp.121-131
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    • 2023
  • The Chinese three northeastern three provinces - Heilongjiang, Liaoning, and Jilin - hold significant geographical, geopolitical, and commercial importance due to their location allowing for cross-border trade and transportation with North Korea. These provinces are crucial for establishing a complex Eurasian logistics network in line with South Korea's new northern policy. The Chinese three northeastern three provinces, as this region is known, boasts excellent maritime transportation links between South Korea, China, and North Korea, making it an logistics hub for transporting goods to Eurasia and Europe through multimodal transport. This study highlights the importance of securing a logistics hub area by fostering cooperation and friendly relations with China's three northeastern three provinces, which are crucial to the success of the New Northern Policy. In particular, the study aims to analyze current status of trade with these region and freight volume transported by ships and recommend political advice for securing logistics hub and revitalizing maritime transport. As the policy suggestion, this study is to establish a logistics hub by implementing joint port operations, constructing port infrastructure jointly, and operating shipping companies together. Additionally, we propose ways to revitalize the maritime passenger transport business between Korea and China, which involves expanding cultural exchanges and developing content.

Establishing Operational Management and Control Procedures for UAM Fleet Operators (UAM Fleet Operator 운항 관리 및 통제 절차개념 수립 연구)

  • Jeongmin Kim;Jaekyun Lee;Uwon Huh;Kyowon Song;Youngho Yoon;Yonghwan Cha
    • Journal of Advanced Navigation Technology
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    • v.27 no.6
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    • pp.716-723
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    • 2023
  • Global discussions are actively underway regarding the introduction of urban air mobility (UAM) to revolutionize the paradigm in the innovative mobility industry. While research related to airspace, vertiports, navigation, and communication pertinent to Korean UAM is actively pursued by relevant research institutions, there is a significant dearth in studies focusing on establishing concepts for operational management by UAM operators and formulating control procedures. The commercialization of UAM necessitates the establishment of standardized operational management concepts, pivotal as benchmarks for the individual system development among multiple UAM operators. This paper analyzes UAM exceptional law, operational readiness, existing regulations pertaining to commercial and rotary-wing aircraft, and proposes suitable approaches to formulate domestic low-density operational management and control procedures. By presenting strategies for conceptualizing operational management and control procedures in the initial low-density environment for UAM, this paper aspires to contribute to future trail operations and the wider adoption of UAM.

Example of Legislation on the Space Relations of Every Countries in the World and Main Contents of the Space Exploration Promotion Act and Future Task in Korea (세계 각국의 우주관계 입법례와 우리나라 우주 개발진흥법의 주요내용 및 앞으로의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.9-43
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    • 2005
  • The Korean government established her first "National Space Program" in 1996, and revised it in 2000 and 2005. As embedded in the National Space Program, Korea aims to become one of the world's top countries in space technology by 2010. All of 13 satellites are planned to be put into orbit as schematized, which include 7 multi-purpose satellites, 4 science satellites and 2 geostationary orbit satellites. The Space Center in Korea is to be built at Woinara-Do, Bongrae-Myon, Koheung-Goon, Junlanam Province on the southern coast of the Korean peninsular. The first phase of the construction of the space center will be finished by 2007 for launch of KSLV-l. This will make Korea be the 13th advanced country in space development having a launching site in the world. The "Space Center" will serve as the infrastructure for the development of space technology and related technology, and plan to launch a low earth orbit satellite in 2007. A second science satellite made in Korea will be launched from the space center by 2007. From 2010, the center will be operated on a commercial basis operating launch facilities for low-to mid-altitude orbit satellites. Since the 'Aircraft Industry Promotion Act' was replaced by the 'Aerospace Industry Development Promotion Acf of 1987, this Act had been amended seven times from 1991 year to 2004. Most of developed countries has been enacted the space law including the public or private items such as an (1)DSA, (2)Russia, (3)the United Kingdom, (4)Germany, (5)France, (6)Canada, (7)Japan, (8)Sweden, (9)Australia, (10)Brazil, (11)Norway, (12)South Africa, (13)Argentina, (14)Chile, (15)Ukrainian etc. As the new Space Exploration Promotion Act was passed by the resolution of the Korean Congress on May 3, 2005, so the Korean government has made the public proclamation the abovementioned Act on May 31, this year. This Act takes effect on December 1, 2005 after elapsing six months from the date of promulgation. The main contents of Space Exploration Promotion Act of 2005 is as the following (1)establishing a basic plan for promoting space exploration, (2)establishment and function of national space committee, (3)procedure and management of domestic and international registration of space objects, (4)licensing of launch by space launch vehicles, (5)lability for damages caused by space accidents and liability insurance, (6) organizing and composition of the space accident investigation committee, (7)Support of non-governmental space exploration project, (8)Requesting Support and Cooperation of Space Exploration, (9)Rescue of Astronauts and Restitution of Space Objects, etc.. In oder to carry out successfully the medium and long basic plan for promoting space exploration and to develope space industry in Korea, I think that it is necessary for us to enlarge and to reorganize the function and manpower of the Space Technology Development Division of the Ministry of Science & Technology and the Korea Aerospace Research Institute. Korea has been carrying out its space program step by step according to the National Space Program. Korea also will continually strengthen the exchange and cooperation with all the countries in the world under the principle of equality, friendship relations and mutual benefits. Together with all other peoples around the globe, Korea will make due contribution towards the peaceful utilization of space resources and promotion of human progress and prosperity.

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An Analysis of the Imported Consumer Goods Distribution Sector of Korea: From a Vertical Structure Viewpoint (수입소비재(輸入消費財) 유통구조(流通構造)의 효율화(效率化) 방안(方案))

  • Nam, Il-chong
    • KDI Journal of Economic Policy
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    • v.13 no.1
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    • pp.3-33
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    • 1991
  • Since the early 1980's, the Korean government has gradually been widening the Korean market to foreign consumer goods. This, combined with the increased purchasing power of the Korean consumers resulting from the continued economic growth of the country, has sparked a spectacular influx of foreign consumer goods into Korea, ranging from BMW's to chopsticks. Import of foreign consumer goods amounted to more than 6 billion dollars in 1989 and is continuing to grow at a rapid rate. The increased import of foreign consumer goods doubtlessly improved the overall welfare of the Korean consumers by providing them with a wider range of options to choose from, by lowering the prices of some of the consumer goods domestically produced, and also by forcing the producers of some Korean goods to face competition with better foreign goods, thus giving them an incentive to raise the quality of their products. However, it is agreed by most economists that this increase in general welfare has been much smaller than what they had expected at the outset. Consumer prices of most imported consumer goods are easily double the import price, and in some cases, more than treble the import prices. Further, there has not been a noticeable drop in the prices of domestically produced consumer goods. Much of the blame has been attributed to the distribution sector of Korea. The objective of this paper is to analyze the imported consumer goods distribution sector of Korea, focusing on the possible sources of the poor performance of that sector, and to make policy suggestions that could potentially increase the welfare. This paper differs from all the previous research by others on this subject in that it analyzes the imported consumer goods distribution sector of Korea as a vertical structure. The distribution sector of an imported consumer good is a vertical structure since it consists of an international market, an import stage, and domestic wholesale and retail markets, in that order vertically. Our study naturally includes the analysis of the vertical restraints as well as the analysis of the industrial organization of each horizontal stage in the vertical structure. Each horizontal component of the imported consumer goods distribution sector is basically a monopolistically competitive market differentiated by characteristics of goods and by the locations and the services of firms. Further, restrictive dealership and resale price maintenance are found to be widely in use. Our main findings are the follwing; First, most consumer goods are imported monopolistically or oligopolistically through restrictive dealership contracts between foreign producers and domestic importers. Such restrictive dealership gives importers market power in the domestic market and explains many of the large discrepancies betwen the consumer prices and the import prices of many goods. Korean anti - trust law does not cover the issues arising from the market power of an importer resulting from a restrictive dealership contract. Second, some major producers of Korean goods are also importers of foreign goods that are substitutes of their products. The import of substitutes by major domestic producers is anti - competitive because it tends to raise the prices of both domestic goods and foreign goods, and also because it reduces the incentive of the domestic producers to raise the quality of their products. Third, wholesalers and retailers widely use resale price maintenance as a price fixing mechanism, and while this is against the anti- trust law, it seldom gets noticed. Fourth, the high level of rents of real estate for commercial use works as an entry barrier to the distribution sector and results in reduced competition by the firms in that sector. Finally, there are information problems. Consumers have inferior information to firms about the quality of a foreign consumer good that they have not tried before. Such information asymmetry often enables firms to raise prices. In addition, information asymmetry between importers frequently delays the import of cheaper substitutes. In order to alleviate the problems indentified above, we suggest the following policy changes. The government should strengthen the anti - trust law and its enforcement to regulate restrictive import contracts, import of competing goods by major domestic producers, and RPM by wholesalers and retailers that is aimed at price fixing. In addition, the government should loosen its tight real estate policy to encourage investment in the distribution sector. Finally, we suggest that the import price revelation policy that has been in use for some items since 1990 be expanded to most imported consumer goods that are introduced for the first time to give consumer better information and be used only for the period of time needed to inform sufficient number of consumers.

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Coupled T-H-M Processes Calculations in KENTEX Facility Used for Validation Test of a HLW Disposal System (고준위 방사성 폐기물 처분 시스템 실증 실험용 KENTEX 장치에서의 열-수리-역학 연동현상 해석)

  • Park Jeong-Hwa;Lee Jae-Owan;Kwon Sang-Ki;Cho Won-Jin
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.4 no.2
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    • pp.117-131
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    • 2006
  • A coupled T-H-M(Thermo-Hydro-Mechanical) analysis was carried out for KENTEX (KAERI Engineering-scale T-H-M Experiment for Engineered Barrier System), which is a facility for validating the coupled T-H-M behavior in the engineered barrier system of the Korean reference HLW(high-level waste) disposal system. The changes of temperature, water saturation, and stress were estimated based on the coupled T-H-M analysis, and the influence of the types of mechanical constitutive material laws was investigated by using elastic model, poroelastic model, and poroelastic-plastic model. The analysis was done using ABAQUS, which is a commercial finite element code for general purposes. From the analysis, it was observed that the temperature in the bentonite increased sharply for a couple of days after heating the heater and then slowly increased to a constant value. The temperatures at all locations were nearly at a steady state after about 37.5 days. In the steady state, the temperature was maintained at $90^{\circ}C$ at the interface between the heater and the bentonite and at about $70^{\circ}C$ at the interface between the bentonite and the confining cylinder. The variation of the water saturation with time in bentonite was almost same independent of the material laws used in the coupled T-H-M processes. By comparing the saturation change of T-H-M and that of H-M(Hydro-Mechanical) processes using elastic and poroelastic material mod31 respectively, it was found that the degree of saturation near the heater from T-H-M calculation was higher than that from the coupled H-M calculation mainly because of the thermal flux, which seemed to speed up the saturation. The stresses in three cases with different material laws were increased with time. By comparing the stress change in H-M calculation using poroelasetic and poroelasetic-plastic model, it was possible to conclude that the influence of saturation on the stress change is higher than the influence of temperature. It is, therefore, recommended to use a material law, which can model the elastic-plastic behavior of buffer, since the coupled T-H-M processes in buffer is affected by the variation of void ratio, thermal expansion, as well as swelling pressure.

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Economic Feasibility of Hill Land Development (산지개발(山地開發)의 경제성)

  • Kim, Dong-Min
    • Korean Journal of Soil Science and Fertilizer
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    • v.11 no.4
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    • pp.283-295
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    • 1979
  • A new Farmland Expansion and Development Promotion Law was enacted in 1975. This law authorizes the Government to undertake development within a declared "reclamation area", wherever the land owners are unable to do so. In order to give additional impetus to conversion of waste hilly land into productive farmland, these hilly land development projects were conducted as large scale scheme which include soil fertility improvements such as the application of lime and phosphate. Farmland Expansion and Development Promotion Corps has attempted to undertake annual farm surveys in order to obtain some information about hilly land agriculture and farming operations within the reclamation project areas since 1976. As survey data accumulates, more and more clear picture of hilly land farming come to appear and enable us to conduct in-depth study. Effects of such upland reclamation include converting of previously unproductive slopeland into cultivable farmland for lucrative and commercial farming or food production. Furthermore, idle or marginal resources such as farm labor, equipment and compost would be fully employed. Socio-economic effects would include increases in land value and attitude change of farmers. On the other hand the preservation of natural environments might be damaged to the some extend by the projects. As shown in Table 7, the average farm size increased from 3,156 pyeong($3.3m^2$) to 5,562 pyeong, a 76.2% increase. The proportion of small farms with less than I ha dropped from 59.8% to 34.4%, but that of the large farms over 2 ha rose from 13.1% to 32.0% (See Table 8). The survey results indicate that as the farming on reclaimed uplands become time-honored, the acreage devoted for food crop production decreases against the economic crop growing acreage (see Table 6). For example, in the case of uplands reclaimed in 1972, the ratio of food crop acreages decreased from 99.7% in 1972 to 62.5% in 1977, whereas that of economic crop acreages increased from 0.3% in 1972 to 37.5% in 1977. The government used to actively encourage the farmers to carry out food crop production in the reclaimed upland targting toward the realization of self-sufficiency in food grains. It is, however, apparent that the farmers did hardly take the government advises as far as their economic interest were concerned. Yield per 10a. of various crops from the reclaimed uplands by year were surveyed as seen in Table 12. On the average, barley production in the reclaimed areas achieved 83.3% of the average unit yield from the existing upland in its 5 th year. Soybean yields showed a modest increase from 64% in the first year to 95%, in the 5 th year. In contrast, economic crops such as red pepper, totacco and radish achieved their maximum target yields in 3 years from starting to cultivate on the reclaimed farms. In order to test the post economic viability, an economic analysis was performed for each of selected subprojects on the basis of the data obtained through survey. The average actual internal economic rate of return on upland reclamation investments was found to be 20.3% which exceeded other types of projects of land and water development such as tidal land reclamation, irrigation or paddy rearrangement. The actual IRRs of subcategories of upland reclamation projects varied from 17.9% to 21.4% depending upon the kinds of cropping system adopted in each reclaimed areas such as food, economic, fruit or forage crops.

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Comparative legal review between national R&D projects and defence R&D programs - A study on improvement of royalty system for the promotion of aircraft industry - (국가연구개발사업 및 국방연구개발사업 간 비교법적 검토 - 항공기산업 진흥을 위한 기술료 제도 개선에 관한 연구 -)

  • Lee, Hae-Jun;Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.153-180
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    • 2020
  • This study is meaningful in finding out what legal and policy issues need to be improved in order to foster the aircraft industry, which is relatively underdeveloped compared to the fact that some heavy industries, such as the automobile industry and shipbuilding industry, have achieved a high level of production and technology globally. Korea's aircraft industry has been growing at a slower pace than other industries, largely due to the country's economic growth and the lack of a market structure to properly use variables such as the level of development in related industries, aircraft technology and demand for aircraft manufacturing. While most industries are privately led by the market structure of the competition system, heavy industries such as the aircraft industry generally grow under the market structure of the incomplete competition system, because only by securing huge initial investment costs, high technology, and sufficient demand, they can maintain minimum economic feasibility. The Korean aircraft industry was focused on developing and mass-producing military aircraft focusing on military demand, but it sought to turn the tide by signing the BASA (Bileral Aviation Safety Agreement) with the U.S. A preliminary feasibility study was conducted in 2010 to develop next-generation medium-sized aircraft, but was cancelled due to differences in position with Canada's Bombardier, which is subject to the concourse, and Korea Aerospace Industries (KAI) is pushing for the production of Bombardier's Q400 license on its own. Compared to the mid-to-large sized civil aircraft that are facing difficulties in development, KAI and KARI are successfully developing technologies to unmanned aerial vehicles and civil helicopters. In addition, the unmanned aerial vehicle sector is not yet suitable for manufacturers that have an exclusive global influence, so we believe that it is necessary to pursue government-led research and development projects with a focus on the areas of commercial helicopters and unmanned aerial vehicles in order to foster the aircraft industry in the future. In addition, since military aircraft such as KT-1 and T-50 are currently being exported smoothly, and it cannot be overlooked that the biggest demand for aircraft manufacturing in the Korea is the military, it is necessary to push forward national R&D projects and defense R&D program simultaneously to enable both civilian-military development. However, there are many differences between the two projects in the way they are implemented, the department in charge and the royalty system. Through this study, we learned about the technology ownership and implementation rights of national R&D projects and defense R&D programs, as well as the royalty system. In addition, problems with the system were identified and improvement measures were derived.

Sampling Plan for Bemisia tabaci Adults by Using Yellow-color Sticky Traps in Tomato Greenhouses (시설토마토에서 황색트랩을 이용한 담배가루이 표본조사법)

  • Song, Jeong Heub;Lee, Kwang Ju;Yang, Young Taek;Lee, Shin Chan
    • Korean journal of applied entomology
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    • v.53 no.4
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    • pp.375-380
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    • 2014
  • The sweetpotato whitefly (SPW), Bemisia tabaci Gennadius, is a major pest in tomato greenhouses on Jeju Island because they transmit viral diseases. To develop practical sampling methods for adult SPWs, yellow-color sticky traps were used in commercial tomato greenhouses throughout the western part of Jeju Island in 2011 and 2012. On the basis of the size and growing conditions in the tomato greenhouses, 20 to 30 traps were installed in each greenhouse for developing a sampling plan. Adult SPWs were more attracted to horizontal traps placed 60 cm above the ground than to vertical trap placed 10 cm above the plant canopy. The spatial patterns of the adult SPWs were evaluated using Taylor's power law (TPL) and Iwao's patchiness regression (IPR). The results showed that adult SPWs were aggregated in each surveyed greenhouse. In this study, TPL showed better performance because of the coefficient of determination ($r^2$). On the basis of the fixed-precision level sampling plan using TPL parameters, more traps were required for higher precision in lower SPW densities per trap. A sequential sampling stop line was constructed using TPL parameters. If the treatment threshold was greater than 10 maximum adult SPWs on a trap, the required traps numbered 15 at a fixed-precision level of 0.25. In estimating the mean density per trap, the proportion of traps with two or more adult SPWs was more efficient than whole counting: ${\ln}(m)=1.19+0.90{\ln}(-{\ln}(1-p_T))$. The results of this study could be used to prevent the dissemination of SPW as a viral disease vector by using accurate control decision in SPW management programs.