• 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 Dietetic Association
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• v.9 no.2
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• pp.128-137
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• 2003

The purposes of this study were to investigate the current status of contracted hospital food services and to find out the difference in accordance with the number of beds in hospitals. Thirty six hospitals having more than 100beds in Seoul, Inchon and Kyungkido were the subjects of this study. Data was collected through surveys. The survey was conducted during March and April in 2002. The Questionnaires were mailed to the 36 directors of dietetic departments of the hospitals and 36 managers of contracting patient food services. Statistical analysis was completed using SPSS Win(11.0) for descriptive analysis and t-test. The results of the study are summerized as follows; Ⅰ. Hospital perspective : The range covered by contract food service was 63.3% and 36.7% in hospital food services, and medical nutrition services. The patient and employee food services were in 83.3%, and patient food services were in 6.7%. The methods selecting contractors are general, limited, selected and competitive biddings, and private contracts. The responsibility for supervision of contract food services was the dietetic department (51.7%) in most cases. Hospitals having personnel responsible for contracting affairs were in 75.9% of the cases and 24.1% did not have personnel. The biggest reason for contracting was facilitation of personnel management. The most important criteria on selecting food services contractors was the professionality of the contractor. Ⅱ. Contractor's perspective : The cost per meal in the year 2001 was composed of 1,905 won for food cost, 1,081 won for labor cost, 222 won for expenses, 114 won for VAT, 14 won for rent and 146 won for miscellaneous or controllable expense, representing 109 won loss per meal. The profit-and-loss contract cost is higher than the fee-contract cost. The ratios of food cost, labor cost and expenses are higher and the ratios of miscellaneous or controllable expense, VAT, rent and profit are lower in hospitals with more than 400 beds compared with those less than 400 beds. However, no significant differences are present between these two groups of hospitals. The actual contract period was 2.2 years upon initial contract and 1.2 years upon renewal. The initial investment cost was 53 million won and the cost of renovation and repair was 8.5 million won. Significant differences were present between two groups of hospitals. The conditions of employment and number of personnel hired by contractors for contract patient food services were significantly different according to the number of beds.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.53-70
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• 2019

This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

• Applied Chemistry for Engineering
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• v.28 no.2
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• pp.214-220
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• 2017

The spherical Al/RDX/AP composites with an average size of $550{\mu}m$ were successfully prepared by drowning-out/agglomeration (D/A) process. The surface morphology and dispersion of Al particles of those composites were investigated using SEM and EDS (energy dispersive spectrometry). As a result of thermal analysis, the onset temperature of thermal decomposition of the Al/RDX/AP composites by the D/A process was found to decrease about $50^{\circ}C$ and their thermal stability was shown to be relatively enhanced due to the increase of activation energy compared to those of using the physical mixing method. In the first decomposition region of AP, Prout-Tompkins model was shown to describe well the thermal decomposition of both composites by the physical mixing and D/A process. On the other hand, in the second decomposition region of AP, the decomposition mechanisms of composites by the physical mixing and D/A process were explained by the zero-order and contracting volume model, respectively.

• Transactions of the Korean Society of Mechanical Engineers
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• v.7 no.4
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• pp.361-371
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• 1983

The turbulent structures of the free plane jet and two dimensional impinging jet are investigated experimentally. In order to get the two dimensional jet, the contour of the cubic equation suggested by Morel is used for a contracting nozzle. A linearized constant-temperature hot-wire anemometer is used for measurement. Mean velocities and turbulent intensities are measured along the centerline of the jet. Jet halp width spatial double velocity correlation coefficients and integral length scales are obtained. It is established that the free plane jet is truly self-preserving about 40 slot widths downstream of the nozzle. The experiments for the impinging jet are carried out at four different impingement wall locations within the self-preserving region of the free plane jet, and comparing the results with that of free plane jet, the mean velocity is changed in the region of 0.25H and turbulent intensities are affected in the region of 0.2H from the wall, respectively, where H means the distance between the nozzle exit and the wall.

• Journal of Korean Library and Information Science Society
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• v.37 no.2
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• pp.231-253
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• 2006

This study intends to make a comprehensive inquiry about the theoretical foundations of cataloging outsourcing. To the end, this study examined (1) backgrounds of cataloging outsourcing, 2) the pros and cons of cataloging outsourcing, (3) theoretical justification suggested by guardians of cataloging outsourcing, and (4) methodological limitations found in literatures on the subject. On the basis of it, finally suggested are methodologies for evaluating 'effectiveness' of cataloging outsourcing.

• Journal of the Korea Safety Management & Science
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• v.16 no.3
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• pp.273-277
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• 2014

Subcontracting business than the contracting business in shipbuilding industry is a lot of hazardous job and highly accident because of highly work intensity. In order to prevent the accidents, there is a need to analyze characteristic. of shipbuilding, to apply measures of risk assessment. In this paper, I suggested an improvement of the risk assessment through the actual condition research in shipbuilding industry. In the research method, I analysed accidents occurred until 2011-2013. Carried out the actual site survey while two weeks in May 2014. As a result, 1) The main pattern were caught-in or between, fall on the high level according to analyzed accidents. 2) To apply the weight show clear of magnitude for risk assessment. 3) Risk estimation of risk assessment is desirable to be quantization by accidents analysis, and to be greater than or equal to 4 steps.

• Journal of Biomedical Engineering Research
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• v.11 no.2
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• pp.243-248
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• 1990

EMG (eleltromyographic) signals are generated by contracting muscle and detected in and out side of muscle in the form of random signals. In the measurement of muscle fatigue, the mean frequency of EMG signals using spectrum analysis is an important parameter in diagonosis of muscle disease and in sports medicine fields. In this study, the degree of spectral transfer to lower frequency caused by accumulation of Latic acid inside the muscle is estimated. The new spectral analysis method using 2"d order hAaximum Entropy Method was applied to estimate the mean frequency and we confirmed that this new method yields fast and reliable estimation.tion.

• Journal of the Korean Society for Library and Information Science
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• v.41 no.4
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• pp.5-28
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• 2007

This paper is succeeding research of change of management paradigms and techniques in library From 1980's major industrialized nations adopted new public management theory with ideological source and strategic technique of administrative reform and management renovation. The researcher analyzed the reasons which applies NPM, the state where its concrete technique is applied in public library management reform, and transfiguration process of management forms(outsourcing, contracting out and designated manager system, private finance initiative. etc.)

• Proceedings of the KSR Conference
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• 2005.11a
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• pp.1287-1292
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• 2005

With opening of KTX, Korea Railway have carried out a variety of marketing strategies unprecedented, which have brought successful results for dramatical increasing passengers in KTX from 72 thousand passengers per day in 2004 to 85 thousand passengers per day in 2005. These marketing strategies for Korea Rail to use in increasing passengers for KTX are the following: special discount fare system for non-season to penetrate into transport market in the first time, fare system reform considering to customers' willing to pay, new item development by each specific market like contracting transport, YMS(Yield Management System) by stages, Home-ticket-and-e-ticket and tele-marketing service, and wide range covering sales network making it comfortable for users in KTX. This paper discusses these successful marketing strategies and its performance and finally suggests strategic implications for KTX growth.