• Title/Summary/Keyword: Cost reference

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Problems on the Arbitral Awards Enforcement in the 2016 Korean Arbitration Act (2016년 개정 중재법의 중재판정 집행에 관한 문제점)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.3-41
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    • 2016
  • This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

The Extended Site Assessment Procedure Based on Knowledge of Biodegradability to Evaluate the Applicability of Intrinsic Remediation (자연내재복원기술(Intrinsic Remediation)적용을 위한 오염지역 평가과정 개발)

  • ;Robert M. Cowan
    • Journal of Korea Soil Environment Society
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    • v.2 no.3
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    • pp.3-21
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    • 1997
  • The remediation of contamiated sites using currently available remediation technologies requires long term treatment and huge costs, and it is uncertain to achieve the remediation goal to drop contamination level to either back-ground or health-based standards by using such technologies. Intrinsic remediation technology is the remediation technology that relies on the mechanisms of natural attenuation for the containment and elimination of contaminants in subsurface environments. Initial costs for the intrinsic remediation may be higher than conventional treatment technologies because the most comprehensive site assessment for intrinsic remediation is required. Total remediation cost, however may be the lowest among the presently employed technologies. The applicability of intrinsic remediation in the contaminated sites should be theroughly investigated to achieve the remedial goal of the technology. This paper provides the frame of the extended site assessment procedure based on knowledge of biodegradability to evaluate the applicability of intrinsic remediation. This site assessment procedure is composed of 5 steps such as preliminary site screening, assessment of the current knowledge of biodegradability, selecting the appropriate approach, analyzing the contaminant fate and transport and planning the monitoring schedule. In the step 1, followings are to be decided 1) whether to go on the the detailed assessment or not based on the rules of thumb concerning the biodegradability of organic compounds, 2) which protocol document is selected to follow for detailed site assessment according to the site characteristics, contaminants and the relative distance between the contamination and potential receptors. In the step 2, the database for biodegradability are searched and evaluated. In the step 3, the appropriate biodegradability pathways for the contaminated site is selected. In the step 4, the fate and transport of the contaminants at the site are analyzed through modeling. In the step 5, the monitoring schedule is planned according to the result of the modeling. Through this procedure, users may able to have the rational and systematic informations for the application of intrinsic remediation. Also the collected data and informations can be used as the basic to re-select the other remediation technology if it reaches a conclusion not to applicate intrinsic remediation technology at the site from the site assessment procedure.

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Reticulocyte hemoglobin content for the diagnosis of iron deficiency in young children with acute infection (급성 감염성 질환을 가진 영유아에서 철결핍 진단 지표로서의 망상적혈구혈색소량)

  • Kim, Jon Soo;Choi, Jun Seok;Choi, Doo Young;You, Chur Woo
    • Clinical and Experimental Pediatrics
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    • v.51 no.8
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    • pp.827-833
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    • 2008
  • Purpose : Early identification of iron deficiency in young children is essential to prevent damaging long-term consequences. It is often difficult for the pediatrician to know which indices should be used when diagnosing these conditions especially in hospitalized young children. This study investigated the clinical significances of reticulocyte hemoglobin content in young children with acute infection. Methods : We studied 69 young children aged from 6 to 24 months admitted with acute infection in a single center. Venous blood was drawn to determine hemoglobin (Hb), mean corpuscular volume (MCV), mean corpuscular hemoglobin (MCH), hemoglobin content (CH), reticulocyte hemoglobin content (CHr), and red blood cell distribution width (RDW) using ADVIA 120 (Bayer Diagnostics, NY, USA). For evaluating iron status, iron, total iron binding capacity, ferritin and transferrin saturation (Tfsat) were determined. Iron deficiency was defined as Tfsat less than 20%, and iron deficiency anemia as Tfsat less than 20% and Hb level less than 11 g/dL. Results : In all, 47 were iron deficient; 17 of these had iron deficiency anemia. CHr was the only significant predictor of iron deficiency (likelihood ratio test=71.25; odds ratio=0.67; P<0.05). Plasma ferritin level had no predictive value (P=0.519). Subjects with CHr less than 27.4 pg had lower Hb level, MCH, CH, Tfsat, and iron levels than those with CHr 27.4 pg or more (P<0.05 for all). Conclusion : CHr level was a sensitive screening tool and the strongest predictor of iron deficiency in hospitalized infants with acute infection; it was cost saving and avoiding additional sampling. However its reference range should be established.

Development and Evaluation of a Nutritional Risk Screening Tool (NRST) for Hospitalized Patients (입원환자의 영양불량위험 검색도구의 개발 및 평가)

  • Han, Jin-Soon;Lee, Song-Mi;Chung, Hye-Kyung;Ahn, Hong-Seok;Lee, Seung-Min
    • Journal of Nutrition and Health
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    • v.42 no.2
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    • pp.119-127
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    • 2009
  • Malnutrition of hospitalized patients can adversely affect clinical outcomes and cost. Several nutritional screening tools have been developed to identify patients with malnutrition risk. However, many of those possess practical pitfalls of requiring much time and labor to administer and may not be highly applicable to a Korean population. This study sought to develop and evaluate a Nutrition Risk Screening Tool (NRST) which is simple and quick to administer and widely applicable to Korean hospitalized patients with various diseases. The study was also designed to generate a screening tool predictable of various clinical outcomes and to validate it against the Nutritional Risk Screening 2002 (NRS 2002). Electronic medical records of 424 patients hospitalized at a general hospital in Seoul during a 14-month period were abstracted for anthropometric, medical, biochemical, and clinical outcome variables. The study employed a 4-step process consisting of selecting NRST components, searching a scoring scheme, validating against a reference tool, and confirming clinical outcome predictability. NRST components were selected by stepwise multiple regression analysis of each clinical outcome (i.e., hospitalization period, complication, disease progress, and death) on several readily available patient characteristics. Age and serum levels of albumin, hematocrit (Hct), and total lymphocyte count (TLC) remained in the last model for any of 4 dependent variables were decided as NRST components. Odds ratios of malnutrition risk based on NRS 2002 according to levels of the selected components were utilized to frame a scoring scheme of NRST. A NRST score higher than 3.5 was set as a cut-off score for malnutrition risk based on sensitivity and specificity levels against NRS 2002. Lastly differences in clinical outcomes by patients' NRST results were examined. The results showed that the NRST can significantly predict the in-hospital clinical outcomes. It is concluded that the NRST can be useful to simply and quickly screen patients at high-nutritional risk in relation to prospective clinical outcomes.

Catalytic Spectrophotometry for the Determination of Manganese at Trace Levels by a Novel Indicator Reaction (새로운 지시약 반응에 의해 극미량 수준의 망간 측정을 위한 촉매 반응의 분광 광도 측정법)

  • Gurkan, Ramazan;Caylak, Osman
    • Journal of the Korean Chemical Society
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    • v.54 no.5
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    • pp.556-566
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    • 2010
  • A new kinetic spectrophotometric method is developed for the measurement of Mn(II) in natural water samples. The method is based on the catalytic effect of Mn(II) with the oxidation of Gallocyanin by $KIO_4$ using nitrilotriacetic acid (NTA) as an activation reagent at 620 nm. The optimum conditions obtained are $4.00{\times}1^{-5}\;M$ Gallocyanin, $KIO_4$, $1.00{\times}10^{-4}\;M$ NTA, 0.1 M HAc/NaAc buffer of pH = 3.50, the reaction time of 5 min and the temperature of $30^{\circ}C$. Under the optimum conditions, the proposed method allows the measurement of Mn(II) in a range of $0.1\;-\;4.0\;ng\;mL^{-1}$ and with a detection limit of down to $0.025\;ng\;mL^{-1}$. The recovery efficiency in measuring the standard Mn(II) solution is in a range of 98.5 - 102%, and the RSD is in a range of 0.76 - 1.25%. The newly developed kinetic method has been successfully applied to the measurement of Mn(II) in both some environmental water samples and certified standard reference river water sample, JAC-0031 with satisfying results. Moreover, few cations and anions interfere with the measurement of Mn(II). Compared with the other catalytic-kinetic methods and instrumental methods, the proposed kinetic method shows fairly good selectivity and sensitivity, low cost, cheapness, low detection limit and rapidity. It can easily and successfully be applied to the real water samples with relatively low salt content and complex matrices such as bottled drinking water, cold and hot spring waters, lake water, river water samples.

A Strategic Approach to Competitiveness of ASEAN's Container Ports in International Logistics (국제물류전략에 있어서 ASEAN의 컨데이너항만 경쟁력에 관한 연구)

  • 김진구;이종인
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2003.05a
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    • pp.273-280
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    • 2003
  • The purpose of this study is to identify and evaluate the competitiveness of ports in ASEAN(Association of Southeast Asian Nations), which plays a leading role in basing the hub of international logistics strategies as a countermeasure in changes of international logistics environments. This region represents most severe competition among Mega hub ports in the world in terms of container cargo throughput at the onset of the 21 st century. The research method in this study accounted for overlapping between attributes, and introduced the HFP method that can perform mathematical operations. The scope of this study was strictly confined to the ports of ASEAN. which cover the top 100 of 350 container ports that were presented in Containerization International Yearbook 2002 with reference to container throughput. The results of this study show Singapore in the number one position. Even compared with major ports in Korea (after getting comparative ratings and applying the same data and evaluation structure), the number one position still goes to Singapore and then Busan(2) and Manila(2), followed by Port Klang(4), Tanjugn Priok(5), Tanjung Perak(6), Bangkok(7), Inchon(8), Laem Chabang(9) and Penang(9). In terms of the main contributions of this study, it is the first empirical study to apply the combined attributes of detailed and representative attributes into the advanced HFP model which was enhanced by the KJ method to evaluate the port competitiveness in ASEAN. Up-to-now, none have comprehensively conducted researches with sophisticated port methodology that has discussed a variety of changes in port development and terminal transfers of major shipping lines. Moreover, through the comparative evaluation between major ports in Korea and ASEAN, the presentation of comparative competitiveness for Korea ports is a great achievement in this study. In order to reinforce this study, it needs further compensative research, including cost factors which could not be applied to modeling the subject ports by lack of consistently qualified in ASEAN.

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The Application of the Forensic Dental Identification to Unidentified Individual Remains in Korea (신원불명 사망자의 개인식별에서 법치의학적 방법의 활용성에 관한 연구)

  • Park, Hee-Kyung
    • Journal of Oral Medicine and Pain
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    • v.31 no.1
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    • pp.27-36
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    • 2006
  • The cases of unidentified individual remains submitted to Forensic dentistry section in National Institute of Scientific Investigation, Korea were analyzed to study the application of forensic dental identification into individual identification in the period 2002-2005. The identification cases of unidentified remains were 405 out of 493, which accounted about 82% of whole cases. The incidence of submission of skeletons at least including the skull was increased from 58% in 2002 to 80% in 2005. The numbers of cases for the full examinations were 4 times more than that for age estimation in 2005. Twenty-four cases were submitted for skull to photographic superimposition and 15 out of 24 cases were examined, and the other 9 cases were examined by DNA analysis only. The submitted cases for dental comparison were 23 cases, 9 cases were positively identified, 4 cases were possible, 7 cases were excluded, and 3 cases ended up with insufficient evidences. The proportion of positive identification by dental methods was increased gradually from 9% in 2002 to 46% in 2005. Forensic dental identification has become important and useful because the availability of dental records and radiographs has been increasing. Compared to DNA analysis, forensic dental identification has several advantages such as no needs for high cost equipments and low expenses. And the interpretation of results is straightforward and speedy. These advantages are based on using primary their own dental records of the individuals rather than secondary DNA reference samples from family members. The application of the forensic dental identification to unidentified individual remains will be increased because the dental comparison can complement the limitation of DNA analysis and skull to photographic superimposition in many cases. In order to obtain positive identifications of unidentified remains, a close collaboration between the police and forensic scientists is important. The systemic approach including legislation to preserve dental records of unidentified remains and missing persons for the identification of unidentified remains should be needed.

An Evaluation of Allowable Bearing Capacity of Weathered Rock by Large-Scale Plate-Bearing Test and Numerical Analysis (대형평판재하시험 및 수치해석에 의한 풍화암 허용지지력 평가)

  • Hong, Seung-Hyeun
    • Journal of the Korean Geotechnical Society
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    • v.38 no.10
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    • pp.61-74
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    • 2022
  • Considering that the number of cases in which a structure foundation is located on weathered rock has been increasing recently, for adequate design bearing capacity of a foundation on weathered rock, allowable bearing capacities of such foundations in geotechnical investigation reports were studied. With reference to the study results, the allowable bearing capacity of a foundation on weathered rock was approximately 400-700 kN/m2, with a large variation, and was considered a conservative value. Because the allowable bearing capacity of the foundation ground is an important index in determining the foundation type in the early design stage, it can have a significant influence on the construction cost and period according to the initial decision. Thus, in this study, six large-scale plate-bearing tests were conducted on weathered rock, and the bearing capacity and settlement characteristics were analyzed. According to the test results, the bearing capacities from the six tests exceeded 1,500 kN/m2, and it shows that the results are similar with the one of bearing capacity formula by Pressuremeter tests when compared with the various bearing capacity formula. In addition, the elastic modulus determined by the inverse calculation of the load-settlement behavior from the large-scale plate-bearing tests was appropriate for applying the elastic modulus of the Pressuremeter tests. With consideration of the large-scale plate-bearing tests in this study and other results of plate-bearing tests on weathered rock in Korea, the allowable bearing capacity of weathered rock is evaluated to be over 1,000 kN/m2. However, because the settlement of the foundation increases as the foundation size increases, the allowable bearing capacity should be restrained by the allowable settlement criteria of an upper structure. Therefore, in this study, the anticipated foundation settlements along the foundation size and the thickness of weathered rocks have been evaluated by numerical analysis, and the foundation size and ground conditions, with an allowable bearing capacity of over 1,000 kN/m2, have been proposed as a table. These findings are considered useful in determining the foundation type in the early foundation design.

Performance Optimization of Numerical Ocean Modeling on Cloud Systems (클라우드 시스템에서 해양수치모델 성능 최적화)

  • JUNG, KWANGWOOG;CHO, YANG-KI;TAK, YONG-JIN
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.27 no.3
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    • pp.127-143
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    • 2022
  • Recently, many attempts to run numerical ocean models in cloud computing environments have been tried actively. A cloud computing environment can be an effective means to implement numerical ocean models requiring a large-scale resource or quickly preparing modeling environment for global or large-scale grids. Many commercial and private cloud computing systems provide technologies such as virtualization, high-performance CPUs and instances, ether-net based high-performance-networking, and remote direct memory access for High Performance Computing (HPC). These new features facilitate ocean modeling experimentation on commercial cloud computing systems. Many scientists and engineers expect cloud computing to become mainstream in the near future. Analysis of the performance and features of commercial cloud services for numerical modeling is essential in order to select appropriate systems as this can help to minimize execution time and the amount of resources utilized. The effect of cache memory is large in the processing structure of the ocean numerical model, which processes input/output of data in a multidimensional array structure, and the speed of the network is important due to the communication characteristics through which a large amount of data moves. In this study, the performance of the Regional Ocean Modeling System (ROMS), the High Performance Linpack (HPL) benchmarking software package, and STREAM, the memory benchmark were evaluated and compared on commercial cloud systems to provide information for the transition of other ocean models into cloud computing. Through analysis of actual performance data and configuration settings obtained from virtualization-based commercial clouds, we evaluated the efficiency of the computer resources for the various model grid sizes in the virtualization-based cloud systems. We found that cache hierarchy and capacity are crucial in the performance of ROMS using huge memory. The memory latency time is also important in the performance. Increasing the number of cores to reduce the running time for numerical modeling is more effective with large grid sizes than with small grid sizes. Our analysis results will be helpful as a reference for constructing the best computing system in the cloud to minimize time and cost for numerical ocean modeling.

A Study on Web-based Technology Valuation System (웹기반 지능형 기술가치평가 시스템에 관한 연구)

  • Sung, Tae-Eung;Jun, Seung-Pyo;Kim, Sang-Gook;Park, Hyun-Woo
    • Journal of Intelligence and Information Systems
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    • v.23 no.1
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    • pp.23-46
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    • 2017
  • Although there have been cases of evaluating the value of specific companies or projects which have centralized on developed countries in North America and Europe from the early 2000s, the system and methodology for estimating the economic value of individual technologies or patents has been activated on and on. Of course, there exist several online systems that qualitatively evaluate the technology's grade or the patent rating of the technology to be evaluated, as in 'KTRS' of the KIBO and 'SMART 3.1' of the Korea Invention Promotion Association. However, a web-based technology valuation system, referred to as 'STAR-Value system' that calculates the quantitative values of the subject technology for various purposes such as business feasibility analysis, investment attraction, tax/litigation, etc., has been officially opened and recently spreading. In this study, we introduce the type of methodology and evaluation model, reference information supporting these theories, and how database associated are utilized, focusing various modules and frameworks embedded in STAR-Value system. In particular, there are six valuation methods, including the discounted cash flow method (DCF), which is a representative one based on the income approach that anticipates future economic income to be valued at present, and the relief-from-royalty method, which calculates the present value of royalties' where we consider the contribution of the subject technology towards the business value created as the royalty rate. We look at how models and related support information (technology life, corporate (business) financial information, discount rate, industrial technology factors, etc.) can be used and linked in a intelligent manner. Based on the classification of information such as International Patent Classification (IPC) or Korea Standard Industry Classification (KSIC) for technology to be evaluated, the STAR-Value system automatically returns meta data such as technology cycle time (TCT), sales growth rate and profitability data of similar company or industry sector, weighted average cost of capital (WACC), indices of industrial technology factors, etc., and apply adjustment factors to them, so that the result of technology value calculation has high reliability and objectivity. Furthermore, if the information on the potential market size of the target technology and the market share of the commercialization subject refers to data-driven information, or if the estimated value range of similar technologies by industry sector is provided from the evaluation cases which are already completed and accumulated in database, the STAR-Value is anticipated that it will enable to present highly accurate value range in real time by intelligently linking various support modules. Including the explanation of the various valuation models and relevant primary variables as presented in this paper, the STAR-Value system intends to utilize more systematically and in a data-driven way by supporting the optimal model selection guideline module, intelligent technology value range reasoning module, and similar company selection based market share prediction module, etc. In addition, the research on the development and intelligence of the web-based STAR-Value system is significant in that it widely spread the web-based system that can be used in the validation and application to practices of the theoretical feasibility of the technology valuation field, and it is expected that it could be utilized in various fields of technology commercialization.