• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.265-302
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• 2008

This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

• Journal of Physiology & Pathology in Korean Medicine
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• v.19 no.1
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• pp.8-14
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• 2005

This paper is mainly on the medical comments in ${\ulcorner}$Sanbeon-bang(刪繁方)${\lrcorner}$. Among the medical comments in ${\ulcorner}Sanbeon-bang{\lrcorner}$, the Ojang-noron(五臟勞論) which deals with the Hanyeolheosil(寒熱虛實) of Ojang(五臟) and Yukgeuknon(六極論) which deals with the Hanyeolheosil of 'Geun-Maek-Yuk-Gi-Gol-Jeong(筋脈肉氣骨精)', remain perfectly. By way of these theories, it argues on various types of pathogenic states and syndromes. Related to the Ojang-noron, ${\ulcorner}Sanbeon-bang{\lrcorner}$ suggests a characteristic tonifying method which is 'Exhaustion syndromes should tonify the son organ(勞則補子法)'. It is the supplement of traditional 'Reinforcing the mother organ when treating cases of deficiency(虛則補其母)'. With the Ojang-noron, the comments about 'Samcho(三焦)' remain relatively intact in ${\ulcorner}Sanbeon-bang{\lrcorner}$. The contents are based on ${\ulcorner}$Yeongchu Yeongwisaenghoe(靈樞 營衛生會)${\lrcorner}$, combined the contents of ${\ulcorner}$Nangyeong 31st difficulty(難經 三十一難)${\lrcorner}$ and the meridian line in ${\ulcorner}$Yeongchu Gyeongmaek(靈樞 經脈)${\lrcorner}$. They were quoted untouched in ${\lrcorner}Cheongeumyo-bang{\lrcorner}$ by Son Sa-mak, and became the fundamental structure of Samcho-theory of after ages. Among the medical comments in ${\ulcorner}Sanbeon-bang{\lrcorner}$, there has been much dispute over the problem about 'Chu-Tae-eum(秋太陰), Dong-So-eum(冬少陰)'. This study will pay attention to the connection between Wang Bing's views of ${\ulcorner}Sanbeon-bang{\lrcorner}$ for compilation of ${\ulcorner}Chaju-Hwangje-Naegyeong-Somun{\lrcorner}$ and the original ${\ulcorner}Sanbeon-bang{\lrcorner}$. Judging from this study, Wang Bing may have referred to ${\ulcorner}Sanbeon-bang{\lrcorner}$, ${\ulcorner}Oedaebiyo-bang{\lrcorner}$ or another medical book of similar stock, and from this he may have reconstructed the attribute of Eum-Yang(陰陽) which is related to Pye and Sin. Wang Bing's disciples may have referred to ${\ulcorner}Sanbeon-bang{\lrcorner}$, or with Wang Do, the writer of ${\ulcorner}Oedaebiyo-bang{\lrcorner}$, building up the main medical current in those days.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.32 no.6
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• pp.651-659
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• 2014

With the popularization of big data environment, big data have been highlighted as a key information strategy to establish national spatial data infrastructure for a scientific land policy and the extension of the creative economy. Especially interesting from our point of view is the cadastral information is a core national information source that forms the basis of spatial information that leads to people's daily life including the production and consumption of information related to real estate. The purpose of our paper is to suggest the scheme of big data analytics with respect to the articles of cadastral resurvey project in order to approach cadastral information in terms of spatial data integration. As specific research method, the TM (Text Mining) package from R was used to read various formats of news reports as texts, and nouns were extracted by using the KoNLP package. That is, we searched the main keywords regarding cadastral resurvey, performing extraction of compound noun and data mining analysis. And visualization of the results was presented. In addition, new reports related to cadastral resurvey between 2012 and 2014 were searched in newspapers, and nouns were extracted from the searched data for the data mining analysis of cadastral information. Furthermore, the approval rating, reliability, and improvement of rules were presented through correlation analyses among the extracted compound nouns. As a result of the correlation analysis among the most frequently used ones of the extracted nouns, five groups of data consisting of 133 keywords were generated. The most frequently appeared words were "cadastral resurvey," "civil complaint," "dispute," "cadastral survey," "lawsuit," "settlement," "mediation," "discrepant land," and "parcel." In Conclusions, the cadastral resurvey performed in some local governments has been proceeding smoothly as positive results. On the other hands, disputes from owner of land have been provoking a stream of complaints from parcel surveying for the cadastral resurvey. Through such keyword analysis, various public opinion and the types of civil complaints related to the cadastral resurvey project can be identified to prevent them through pre-emptive responses for direct call centre on the cadastral surveying, Electronic civil service and customer counseling, and high quality services about cadastral information can be provided. This study, therefore, provides a stepping stones for developing an account of big data analytics which is able to comprehensively examine and visualize a variety of news report and opinions in cadastral resurvey project promotion. Henceforth, this will contribute to establish the foundation for a framework of the information utilization, enabling scientific decision making with speediness and correctness.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.121-145
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• 2008

Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.135-161
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• 2014

An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

• Journal of Korean Philosophical Society
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• v.130
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• pp.305-335
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• 2014

Counseling is conducted through dialogue in relation to counselor and client. Therefore the philosophical counseling first must consider the circumstances, prescribe the main concepts and proceed to the specific methodology in order to be the practical study. The philosophical counseling includes the six necessary concepts-subjects, time, place, object, method, and purpose-because of its behavioral concepts. The subjects are counsellor and client, the place is where public institutions authorize officially for counseling, the time is when the two parties are meeting face to face, the object is the client's facing problems right now, the method is the philosophical assistance, and the purpose is to dissolve the client's problems. The client's facing problems here are the developmental tasks according to the developmental stages and the maladaptive behaviors related to the cognitive distortions appearing in the process. And the philosophical assistance methods are the types to make the facilitating environment and dispute the wrong thoughts and the irrational beliefs. However, the client's problems in counseling often appear in the causes combined between the cognitive elements and the emotive elements which are treated mainly in the psychological counseling. In that case, the way to solve the problems in the philosophical counseling should be applied to with the psychological methods in parallel or in regular succession. Therefore the six necessary concepts of the philosophical counseling are not the absolute meanings but the meanings in general. If so, the concept of the philosophical counseling can be defined as the process in which counselor and client meet face to face and dissolve the client's facing problems through mainly the philosophical methods with the counselor's assistance. If the main concepts of the philosophical counseling can be prescribed as mentioned above, post study needs to proceed to the specific methodology.

• Journal of the Korean Institute of Landscape Architecture
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• v.49 no.2
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• pp.27-40
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• 2021

This study was carried out for the description of the conflicts on the measurement of the root collar diameter of the landscape trees that are currently being produced, distributed, and planted in S. Korea, and for determination of the standard for root collar diameter measurement. The difference in consciousness of appropriate measurement of root collar diameter among different ages of landscape practitioners was statistically significant at p<0.05 level. It seemed to be due to the difference in the amount of field experiences among different age groups. On "the ambiguity of measuring the root collar diameter' of landscape trees", the consciousness was significantly different at p<0.05 level among job positions. On "Improvement of measurement criteria for landscape trees," it was significantly different at p<0.05 level among job types. This was thought to be due to the disagreement between the client and the contractor. On "prevention of topsoil removal" when excavating landscape trees, the consciousness was significantly different at p<0.001 level among different age groups, and different at p<0.01 level among different occupations, and different at p<0.05 level among different working area. The consciousness on "removing top soil when excavating landscape trees and rooting after transplantation" was not significantly different. The consciousness on the conflict caused by "ambiguity in root collar diameter measurement criteria" was high with an average of 3.85 for job type, occupation, jop position, and work experience. It was higher for landscape contractors than public institutions. The higher job positions and more experiences, the more conflicts. The consciousness on the appropriate position of root collar diameter measurement for landscape trees revealed that measuring at above-ground part (66.5%) was prefered to the underground part (33.0%). During the excavation of landscape trees for transplant, topsoil removal up to average depth of -2cm to -4cm was favored by 84.0%, and the purpose of removing topsoil was recognized as 'to increase the size and unit cost' by 59.7%.