• Title/Summary/Keyword: Construction Dispute

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Estimation of Historical Shorelines on a Coastal Reclaimed Land (I): The Use of Aerial Photographs (해안 매립지에서 과거 해안선의 산정 (I): 항공사진의 이용)

  • Kim, Baeck-Oon;Lee, Chang-Kyung
    • Journal of Korean Society of Coastal and Ocean Engineers
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    • v.21 no.5
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    • pp.371-379
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    • 2009
  • In this paper, we discussed methods and problems for estimating historical shorelines on a reclaimed land. Since many of coastal lands are unregistered in Korea, reclamation of public waters could cause complicated land ownership dispute. Unlike cadastral boundaries, historical shorelines can be represented by those of various locations due to lack of legal definition of shoreline as well as characteristics of shoreline changes, which directly influence on the calculation of coastal and submerged land areas. Through a case study for Anjeong industrial complex, a systematic method of investigating historical shorelines was suggested to resolve the problems. For a rocky coast where shoreline changes are not likely to occur, a shoreline based on tidal datum was retrieved using aerial photographs taken before the construction of reclamation. Compared with ground survey data, the shoreline was accurate, indicating that the digital photogrammetry was reliable.

Cooperation-Aware VANET Clouds: Providing Secure Cloud Services to Vehicular Ad Hoc Networks

  • Hussain, Rasheed;Oh, Heekuck
    • Journal of Information Processing Systems
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    • v.10 no.1
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    • pp.103-118
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    • 2014
  • Over the last couple of years, traditional VANET (Vehicular Ad Hoc NETwork) evolved into VANET-based clouds. From the VANET standpoint, applications became richer by virtue of the boom in automotive telematics and infotainment technologies. Nevertheless, the research community and industries are concerned about the under-utilization of rich computation, communication, and storage resources in middle and high-end vehicles. This phenomenon became the driving force for the birth of VANET-based clouds. In this paper, we envision a novel application layer of VANET-based clouds based on the cooperation of the moving cars on the road, called CaaS (Cooperation as a Service). CaaS is divided into TIaaS (Traffic Information as a Service), WaaS (Warning as a Service), and IfaaS (Infotainment as a Service). Note, however, that this work focuses only on TIaaS and WaaS. TIaaS provides vehicular nodes, more precisely subscribers, with the fine-grained traffic information constructed by CDM (Cloud Decision Module) as a result of the cooperation of the vehicles on the roads in the form of mobility vectors. On the other hand, WaaS provides subscribers with potential warning messages in case of hazard situations on the road. Communication between the cloud infrastructure and the vehicles is done through GTs (Gateway Terminals), whereas GTs are physically realized through RSUs (Road-Side Units) and vehicles with 4G Internet access. These GTs forward the coarse-grained cooperation from vehicles to cloud and fine-grained traffic information and warnings from cloud to vehicles (subscribers) in a secure, privacy-aware fashion. In our proposed scheme, privacy is conditionally preserved wherein the location and the identity of the cooperators are preserved by leveraging the modified location-based encryption and, in case of any dispute, the node is subject to revocation. To the best of our knowledge, our proposed scheme is the first effort to offshore the extended traffic view construction function and warning messages dissemination function to the cloud.

A Comparative Study of Primary Teacher Preparation Programmes in Korea and China (한국과 중국의 초등교사양성 프로그램에 대한 비교연구)

  • Li, Xue;Park, Na-Shil;So, Kyunghee
    • Korean Journal of Comparative Education
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    • v.28 no.4
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    • pp.137-163
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    • 2018
  • Regarding professionalism of primary teachers, a dispute over professionalism as classroom teachers versus as subject teachers has been amplified past decades. However, these controversies tend to be resolved mainly by theocratical, political, and systematic facets. In other words, discussions on professionalism of primary teachers have been explored in various aspects, but they have not much focused on teacher preparation programmes. Moreover, although from a comparative educational point of view some research focus on teacher preparation programmes in North Americas and European countries, comparison studies of the programmes in East Asian countries, such as China, Japan and Korea have been rarely conducted. The aim of this study is to compare teacher preparation programmes between Korea and China, and based on what the research found we attempt to understand Korean programmes from a new perspective. Selecting each of 13 teacher educational universities in two countries, we analyse documentations of the universities in which the educational aims, proportions of curricula construction, curricula requirements, and types of subjects are presented. Our research offers implications for future revisions of teacher preparation programmes.

A Study on Performance Criteria of Asphalt Pavements for Development of Performance-based Warranty Specification (성능보증 시방서 개발을 위한 아스팔트 포장 성능기준 연구)

  • Yeo, Hyun Dong;Nam, Jeong Hee;Suh, Young Chan;Jeong, Jin Hoon
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.31 no.6D
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    • pp.793-801
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    • 2011
  • Existing specifications of road pavement require contractors to meet only materials and construction conditions regardless of pavement life. There are limitation of developing road pavement technology and possibility causing dispute between ordering organization and contractor with this type of specification. Research efforts to introduce performance warranty contracting are in progress in the field of road pavement to improve the problems. The performance warranty contracting gives the contractors opportunity to select materials and construction methods as they like. But they should satisfy a certain level of performance during a given period. The performance indicator and threshold value of pavement which are main elements of the warranty specification should be defined first to introduce the performance warranty contracting successfully. In this study, the performance indicator, threshold value, and warranty duration of asphalt pavement were investigated by reviewing literatures on performance warranty contracting of some states of the US. Major distresses influencing the performance of the asphalt pavement were investigated at 24 national expressway lines and national highway lines in 16 regions, and the data were analyzed to be compared to the cases of the US. Development of rational performance warranty specification for domestic asphalt pavement is expected based on the research results.

Analysis of PLAN Modernization Trend and Prospects for Balance of U.S-China Naval power in the East Asia (중국해군(PLAN)의 현대화 추세와 동아시아 지역의 미·중 해군력 균형 전망)

  • Kwon, Jeong Wook
    • Strategy21
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    • s.43
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    • pp.5-28
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    • 2018
  • The tensions between the U.S and China, which form the two pillars of the G2 era, seem to have persisted even after the Trump administration inaugurated. The strong confrontation between the two in recent foreign security issues may drive to develop an inadvertent military conflict, and it is high likely to occur in the maritime are. The purpose of this study is not only to analyze the balance of modernized naval forces in the PLAN through naval strategy changes and weapons system modernization trend, but also to predict the impact of the geographical proximity difference on the balance of naval forces in the disputed areas. It examined the impact of distance and geography on naval power by assessing the modernization pattern of the PLAN and capabilities in the context of two scenarios at different distances from China by 2020: one centered on Taiwan and the other on the Spratly Islands. The PLAN's strategy had impact on operational concept and forces construction. First, from the viewpoint of operation operational concept, it can be seen that the passive defense is changing into active defense. Second, in terms of power construction, it can threaten the surface and submarines of U.S power from a distance. And they generated follow three features; The ocean is not the focus of Chinese submarines, Horizontal and vertical expansion of Chinese naval vessels, The improvement of the suppression ability as the Chinese naval modernization ratio increases. The strength of the PLAN is dominant over the U.S in terms of reserves, and it can complement the qualitative deterioration by utilizing nearby bases in the vicinity of the mainland, such as the Taiwan Strait. However, due to the shortage of aircraft carriers, there is a possibility that it will take some time to secure the advantage of air and ocean in the amphibious operation. Therefore, as the dispute is prolonged, China may fail to achieve its original goal. In addition, the lack of cutting edge Commanding Ships may bring to weaken the C2 capabilities. At results, it is expected that PLAN will not be able to have a superiority in the short term due to lagging behind U.S advanced technology. Nevertheless, PLAN has strengthened its naval power through modernization sufficiently and it is highly likely to use force. Especially, it is more likely in the region where the naval power operation like the Taiwan Strait is possible with the almost equality to that of the United States. China will continue to use its naval forces to achieve a rapid and decisive victory over U.S in the close area from the land.

Analysis of Defect Risk by Work Types based on Warranty Liability Period in Apartments (공동주택 하자보수보증기간에 기초한 공종별 하자위험 분석)

  • Kim, Sang-Hyeon;Kim, Jae-Jun
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.4
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    • pp.34-42
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    • 2018
  • Apartment is a typical type of housing preferred by the majority of people. However, and defect disputes occur because various defects such as cracks, subsidence, breakage, water leakage, dew condensation and dropout are confirmed with numerous structures and finishing materials. From this point of view, this paper analyzes defect frequency and costs of each warranty period by work types, and estimates defect risks by using defect dispute cases. It examined about 5,337 defect items for 32 apartment over ten years old. In this paper, there are 10 types of work types and the warranty liability period is divided into 6 categories. Based on these categories, defect frequency and costs are investigated, and finally defect risk of the warranty liability period by work types confirmed. As a result of this analysis, it was found that defect risk in RC and finishing work is very high. Especially the RC work revealed that there is a high risk of trying from the third year onwards and it was found that the defect risk up to the second year is high in the finishing work. Due to aging of RC structure, the defect risk gradually increases, and finishing work initially cause defect disputes because of the housing environment.

A Case Study on the Limitations of the Choice of Law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts (턴키계약체결시 국제적 강행규정에 의한 준거법 제한에 관한 사례연구 - Clough Engineering Ltd v Oil & Natural Gas Corp Ltd 사건을 중심으로 -)

  • Oh, Won-Suk;Kim, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.145-166
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    • 2012
  • This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

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A Study on the FIDIC Conditions of Contract for Design, Build and Operate Projects (FIDIC의 DBO 프로젝트용 표준계약조건에 관한 연구)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.29-60
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    • 2010
  • The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

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Yoo Young-kuk's Early Constructivism: Utopianism in (1937) (유영국(劉永國)의 초기 구성주의: <랩소디>(1937)에 나타난 유토피아니즘)

  • 유영아
    • The Journal of Art Theory & Practice
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    • no.9
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    • pp.93-121
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    • 2010
  • This study is about Yoo Young-kuk's early works which show constructivism, especially focus on his debut painting, for the 7th Dokuritsu Bijutsu Kyokai(獨立美術協會, the Independent Fine Arts Association) in Tokyo in 1937. The work was painted 2 years after he had started his study in Japan in 1935. It was the first painting that applied Constructivism. played an important role for Constructivism to be a leading art in his abstraction. After this picture, Yoo was soon devoted to the principles of Constructivism-- Faktura(material), Tektonika (tectonics), Tekhnika(technique), space, construction-- in his painterly reliefs. This article examined why Yoo concentrated on Constructivism for , what the characteristics were, and what influences were on other works from 1935 to 1949. In addition, I investigated in which period was painted and how Constructivism was spread in 1930s and early 1940s in chapter 2. I scrutinized Rhapsody in chapter 3. When Yoo created Japan was under the Fifteen Years War(1931-1945), and a major discourse was the Japanese Spirit at that time. It was connected with construction of an ideal nation which the Japanese ultra-national fascism pursued. This ideological pursuit was intended to unite the Japanese people for total war system and to restore a national dignity which had been fallen down due to Manchurian Incident(1931). Thus, on the hand, Kokusai Bunka Shinkokai(國際文化振興, The Society for International Cultural Relations) and the Nippon Kosaku Bunka Renmei(日本工作文化連盟, Japanese Werkbund) were supported financially by the Japanese government. On the other hand, the government enacted regulations to opposing parties which would distract Japanese people's unification. As for the Japanese art world, the merge of art groups was carried out through remodeling of Teikoku Bijutsuin(帝國美術院, The Imperial Fine Arts Academy) in 1935. This brought out continuous dispute and disorder. Young artists who felt difficulty of entering an entry of Imperial Fine Arts Exhibition repeatedly grouped and disbanded for small art groups to build their standing, which they pursued Surrealism and Abstract art. Among them Constructivism was considered as the latest trend and was popular in craft, design, architecture as well as fine arts. In the year before he painted , Avant-garde theatres including Constructivism theatre were introduced in a feature article of September, 1936 in Atelier, which was dealing with mainly avant-garde arts. Books related with Constructivism were translated into Japanese, and Gestaltung Education had become active since the publication of A Compendium of Gestaltung Education("構成敎育大系"(1934)), Salvador Dali(1904-1989) was also introduced, so Surrealism was drawn more attention by young artists. reflected popular trends. Yoo analyzed the Japanese avant-gardists' archaic taste in the Independent Art Association that he submitted his painting to. And then he entitled 'Rhapsody' which derives from Ancient Greek's epic poetry and deliberately set up images in a scene. In chapter 3, I examined a theme which was planned carefully by sorting favorite images from the Japanese Surrealism. was a result that Yoo Young-kuk observed objectively the phenomenon that young artists dreamt of Utopia or longed for Nostalgia passively and lethargically under wars. And then he otherized himself from that circumstance. First of all, for he used the typical icons of Japanese Surrealism such as the horizon, flowing clouds, and vast plain that were considered stereotypes of Arcadia. He, however distinguished himself form those Japanese Surrealists. He made his own vision about Utopia by referring Lyubov Popova(1889-1924)'s stage design. His objective point of view was expressed by positive and dynamic images of structure and human's actions. Constructivism which was attempted in had an effect on other early constructive works, and the principles of Constructivism were sought hard in reliefs, paintings, and photos.

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A Study on the Model Regulation's Improvement for Control of Aeronautical Obstacles in Korea (항공장애물관리규정 개선을 위한 연구)

  • Lee, Kang-Seok
    • Journal of Korean Society of Transportation
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    • v.23 no.3 s.81
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    • pp.21-34
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    • 2005
  • To control the obstacles surrounding aerodrome is significant for preventing air accident and ensuring the long sustaining of aerodromes. On the other hand, within a scope of ensuring safe flight operations, the application of Shielding is one of the issues to be importantly considered to manage efficiently the obstacles limitation around aerodromes, to dissolute the private asset privilege limitation from regulation on aerodrome circumference, and to decrease the pains to manage the obstacles, in terms of not only operating safely but also utilizing efficiently the airspace around aerodromes. The ICAO and other aviation-advanced states mitigate the construction limitation or exempt the obligation of obstacle sign by applying the shielding theory that the obstacles are not regarded as obstacles where are below the shadow surface. The Republic of Korea inserted the new regulation including the applying shielding similar to ICAO on Aviation Act and regulations. It is, however, hard to manage the aviation obstacles around aerodrome efficiently with these new regulation. Particularly, there exists much rooms to dispute because it cannot suggest the specific standard which is necessary to apply shielding theory at airspace of aerodromes. Therefore, in this study, the international standards on aviation obstacles were reviewed, analyzed and compared with those of domestic status. The direction of which guideline for control of aeronautical obstacles applicable within domestic circumstances as well as correspondent with international standard was suggested. Particularly, as far as the disputable application of shielding theory is concerned, the alternatives for aviation safety and efficient airspace operation by suggesting the clear standards alternatives were suggested.