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Selective Arbitration Agreement in the multitiered Dispute Resolution Clause (선택적 중재합의와 단계적 분쟁해결조항)

  • 장문철
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.263-302
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    • 2003
  • Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

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An Arbitrator's Duty of Disclosure and Reasonable Investigation: A Case Comment on the Supreme Court of Japan's Decision on December 12, 2017, 2016 (Kyo) 43 (중재인의 고지의무와 합리적 조사의무 - 일본 최고재판소 2017년 12월 12일 결정을 중심으로 -)

  • Kim, Young-Ju
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.217-248
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    • 2018
  • This paper reviews the Supreme Court of Japan in Decision of December 12, 2017, 2016 (Kyo) 43 (2011) concerning arbitrator's duty of disclosure and reasonable investigation under the Japan Arbitration Act (Arbitration Act). The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Arbitration Act. Under Article 18(4) of the Arbitration Act, arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. The Supreme Court held that Article 18(4) of the Arbitration Act - requiring arbitrators to disclose all "facts likely to give rise to doubts as to his/her impartiality or independence" - (1) is not satisfied by blanket disclosures or advance waivers of potential future conflicts, and (2) requires disclosure of facts both known to an arbitrator or "that can be normally ascertained by an investigation that is reasonably possible${\cdots}$" This new standard presents opportunities and challenges for enforcing arbitration awards in Japan, and suggests measures that both arbitrators and parties can use to protect their awards. Also, the Supreme Court's new standards for evaluating arbitrator conflict disclosures suggest some measures that both arbitrators and parties to arbitration in Japan can take to protect the enforceability of their awards. The key factual question posed by the Supreme Court's ruling was whether an arbitrator's conflicts check was reasonable. Maintaining records regarding a review of potential conflicts or any investigation provides a ready source of proof in case of a future challenge. The Supreme Court has spoken clearly that so-called advance waivers of potential conflicts are not effective under Japanese law. Instead, to the extent that potential conflicts arise during the course of arbitration, they should be specifically disclosed.

Numerical Analysis of the Complex Permittivity of MWNT added Epoxy Depending on Agglomeration Size (에폭시 내부의 MWNT 응집 크기에 따른 복소유전율 변화의 해석적 관찰)

  • Shin, Jae-Hwan;Jang, Hong-Kyu;Choi, Won-Ho;Song, Tae-Hoon;Kim, Chun-Gon;Lee, Woo-Yong
    • Composites Research
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    • v.27 no.5
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    • pp.190-195
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    • 2014
  • This paper predicts the complex permittivity of MWNT added epoxy depending on agglomeration by numerical analysis. 1wt% MWNT added epoxy specimen is prepared using 3-roll-mill method and its complex permittivity is measured in X-band (8.2~12.4 GHz) using freespace measurement system. The analytic model is comprised of cube epoxy and perfect sphere agglomeration. The complex permittivity of the agglomeration model is predicted by complex permittivity mixing rule using the measured complex permittivity of epoxy and 1 wt% MWNT added epoxy. Commercial electromagnetic analysis software, CST, is used to obtain S-parameter of the analytic model and MATLAB code is used to calculate complex permittivity from the S-parameter. It is confirmed that the complex permittivity increases when the agglomeration size decreases.

Implementation of Coupled Hydro-Mechanical Problems in Partially Saturated Soils (불포화 지반에 물의 침투와 흙의 변형이 사면의 안정성에 미치는 영향)

  • Kim, Jaehong;Hwang, Youngcheol
    • Journal of the Korean GEO-environmental Society
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    • v.11 no.5
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    • pp.35-43
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    • 2010
  • Partially saturated permeability should be defined by the function of suction (or degree of saturation) and porosity. However, commercial software and most researchers' model often describe as the function of suction. The stability of a soil slope can be affected by both hydraulic and shear strength properties of partially saturated soils. For both studies, we generally use an uncoupled seepage analysis program Seep/W(Geo-Slope, 2007) and a series stress-deformation analysis program Sigma/W, or slope stability analysis program Slope/W. Seep/W is performed for simulations of partially saturated flow problems in non-deformable soil media. However, under real situations, the water flow processes in a deformable soil are influenced by soil skeleton movement and the pore water pressure changed due to seepage will lead to changes in stresses and to deformation of a soil. Many researchers are currently developing their models for solving coupled hydro-mechanical problems to simulate slope stability during a rainstorm. For a proper implementation in the field, the developed model should be still needed in order to achieve appropriate accuracy of the solution for coupled hydro-mechanical problems in soil slope stability. Thus, the paper presents the comparison of slope stability between uncoupled and coupled analyses of seepage and stress deformation problems.

A Forest Management Planning Method based on Integer Programming (정수계획법을 이용한 산림경영계획의 수립방안 연구)

  • Won, Hyun-kyu;Kim, Hyungho;Chong, Sekyung;Woo, Jong-choon
    • Journal of Korean Society of Forest Science
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    • v.95 no.6
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    • pp.729-734
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    • 2006
  • This paper aimed to suggest decision-making method for forest management planning using integer programming. Thus, the study examined 85 stands consisting of Korean pine, Japanese larch and oak stands-all of which were at the most suitable time for tending, selection thinning, commercial thinning and final cutting-in the experimental forest of Kangwon National University. The forest management model comprised one objective function, maximizing harvest volume in each stand according to tree species and the kinds of practices, and seven constraints: frequency and stands of practices, minimum and maximum yields, even yields, maximum production, and decision-making varialbes. Besides, the entire period intended by the study was 10 years, divided into 5 management periods. In conclusion, the forest management planning model using integer programming proved that among 85 stands, forest practices were conducted over 68 stands (202.8 ha), producing the total harveted volume of $20,000m^3$, while the rest was reserved. This case study could help make decisions on whether and when the forest practices and harvests could be done in a specific condition.

The Creative Economy and Urban Art Clusters: Locational Characteristics of Art Galleries in Seoul (창조경제와 도시 아트 클러스터: 서울시 화랑의 입지 특성을 중심으로)

  • Kim, Hak-Hee
    • Journal of the Korean Geographical Society
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    • v.42 no.2 s.119
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    • pp.258-279
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    • 2007
  • Culture and art are emerging as main components in the creative economy to enhance the competitiveness of urban centres in the global market by nurturing cultural or artistic industries. A range of research exists which investigates the role of artists and art museums in the process of urban regeneration in Northern American and Western European countries. Yet research into the geography of at galleries acting as an intermediary between art works and cultural consumers remain rare. Empirical research on gentrification and urban regeneration and their connection with spaces for cultural consumption in Asian cities is even less common. The aim of this paper is to show the rise and decline of art galleries in Seoul and the way that this reflects urban development process, historically specific conditions and the characteristics of artists' communities. The background of the locational agglomeration of an galleries is examined in connection with the human ecology of artists, art business and its implication for the global market. The location of art galleries in Seoul seems to be affected by commercial art business and public policy, rather than by artists communities embedded in local areas. The location dynamics of art gallery clusters in Seoul is examined in the context of rent increases, changes of consumers' taste and fluctuating market cycles.

ATPDraw Simulation for Transient Phenomena Analysis of Electrical Shock Underwater (수중 전격 과도현상 해석을 위한 ATPDraw 시뮬레이션)

  • Jung, Jong-Wook;Jung, Jin-Soo
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.21 no.6
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    • pp.48-54
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    • 2007
  • This paper describes the analysis of transient phenomena on the point that a human body suffers an electrical shock. A couple of case studies were discussed by using an ATPDraw simulation tool. Two models for the case studies were constructed on the assumption that the electrical shock event takes place under water to simulate the severest condition ; the first model that the human body contacts with an energized part exposed to water ; the second model that both hands and feet simultaneously contact with the ground under water. After modeling, the transient phenomena for the models were analyzed by comparing the voltages and currents calculated at each part of the human body. As a result steep front kicks in voltage and current were observed as transient phenomena on the point that the human body contacts with the energized part exposed to water in the first model and the magnitudes of the kicks considerably increased. It was considered however, the effect of the kicks due to the commercial power source on the human body could be neglected because the product of the current through the body and the short duration is less than the safety limit. When both hands and feet simultaneously contact with the ground in the second model, the voltage generally decreased all over the body parts, while the current flowing through the chest abruptly increased. The duration of this current was very shot, as well, thus its effect on the electrical shock is considered insignificant. After all, it was confirmed through the simulation results that the electrical shock depends on the magnitude in voltage and the body impedance.

Design of Required Interface for Components in EJB Environment (EJB 환경에서 컴포넌트의 Required 인터페이스 설계 기법)

  • Yoon, Hee-Yoon;Kim, Soo-Dong
    • The KIPS Transactions:PartD
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    • v.11D no.3
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    • pp.671-682
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    • 2004
  • As new and diverse information technologies are being introduced and software complexity is increased, software development cost and efforts are also sharply increased. Component-Based Development (CBD) technology is appealing as a new way to reduce the cost and effort by increasing reusability and maintainability. Component in CBD has variability infernally which enables customization of the component within the specific domain. A component user can easily set up internally variability parts though Required interface which is provided by the component. Enterprise JavaBeans (EJB) is utilized as a commercial standard to implement Java-based components. However, EJB constructs are limited in directly implementing Required interfaces of coarse-grained components[8]. In this paper, we define Required interface and propose interface-storage technique, class-storage technique, interface-generation technique, and Plug -in technique for implementing required interface of component. Interface-storage technique stores variable value in Required interface and class-storage technique take the Bean containg variability as Required interface without modification of component model. Interface-generation technique generates new Bean which takes the role of Required interface for component variability and Plug-in technique sets up component variability that component user plugged-in variable part externally The proposed four techniques conform to the semantics of CBD component interface and enable the implementation of high quality components.

ASIC Design of Lifting Processor for Motion JPEG2000 (Motion JPEG2000을 위한 리프팅 프로세서의 ASIC 설계)

  • Seo Young-Ho;Kim Dong-Wook
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.30 no.7C
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    • pp.647-657
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    • 2005
  • In this paper, we proposed a new lifting architecture for JPEG2000 and implemented to ASIC. We proposed a new cell to execute unit calculation of lifting using the property of lifting which is the repetitious arithmetic with same structure, and then recomposed the whole lifting by expanding it. After the operational sequence of lifting arithmetic was analyzed in detail and the causality was imposed for implementation to hardware, the unit cell was optimized. A new lifting kernel was organized by expanding simply the unit cell, and a lifting processor was implemented for Motion JPEG2000 using it. The implemented lifting kernel can accommodate the tile size of 1024$\times$1024, and support both lossy compression using the (9,7) filter and lossless compression using (5,3) filter. Also, it has the same output rate as input rate, and can continuously output the wavelet coefficients of 4 types(LL, LH, HL, HH) at the same time. The implemented lifting processor completed a course of ASIC using 0.35$\mu$m CMOS library of SAMSUNG. It occupied about 90,000 gates, and stably operated in about 150MHz though difference from the used macro cell for the multiplier. Finally, the improved operated in about 150MHz though difference from the used macro cell for the multiplier. Finally, the performance can be identified in comparison with the previous researches and commercial IPs.

Multi-Core Processor for Real-Time Sound Synthesis of Gayageum (가야금의 실시간 음 합성을 위한 멀티코어 프로세서 구현)

  • Choi, Ji-Won;Cho, Sang-Jin;Kim, Cheol-Hong;Kim, Jong-Myon;Chong, Ui-Pil
    • The KIPS Transactions:PartA
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    • v.18A no.1
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    • pp.1-10
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    • 2011
  • Physical modeling has been widely used for sound synthesis since it synthesizes high quality sound which is similar to real-sound for musical instruments. However, physical modeling requires a lot of parameters to synthesize a large number of sounds simultaneously for the musical instrument, preventing its real-time processing. To solve this problem, this paper proposes a single instruction, multiple data (SIMD) based multi-core processor that supports real-time processing of sound synthesis of gayageum which is a representative Korean traditional musical instrument. The proposed SIMD-base multi-core processor consists of 12 processing elements (PE) to control 12 strings of gayageum in which each PE supports modeling of the corresponding string. The proposed SIMD-based multi-core processor can generate synthesized sounds of 12 strings simultaneously after receiving excitation signals and parameters of each string as an input. Experimental results using a sampling reate 44.1 kHz and 16 bits quantization show that synthesis sound using the proposed multi-core processor was very similar to the original sound. In addition, the proposed multi-core processor outperforms commercial processors(TI's TMS320C6416, ARM926EJ-S, ARM1020E) in terms of execution time ($5.6{\sim}11.4{\times}$ better) and energy efficiency (about $553{\sim}1,424{\times}$ better).