• Journal of Cadastre & Land InformatiX
• /
• v.50 no.2
• /
• pp.117-132
• /
• 2020

The study studied ways to improve the adjustment of the cadastral reform project after analyzing and evaluating the method of determining the boundaries and the overall status of the adjustment, focusing on cases of complaints in the business district in Sejong City, where the re-investigation project was completed. Measures to improve the adjustment amount of the cadastral reform project were largely divided into boundary adjustment and improvement measures according to the scope of area allowance and institutional improvement. According to an analysis of the status of boundary adjustment in Sejong City, the boundary of the cadastral reform project was being adjusted in various ways, and among them, it was found that it is simple to adjust, to formalize parcels, and that many adjustments are being made centering on resolving blind areas by establishing new roads. When setting such a boundary, it is necessary to establish an efficient and reasonable boundary by actively encouraging sufficient consultation with owners and an adjustment boundary that reflects the personal will of landowners to minimize disputes over the adjustment amount. In terms of improvement measures based on the area limit, it is necessary to accurately record and preserve the results of the cadastral resurvey in numerical data and to ease or exempt the adjustment amount if it is within the area permissible scope of the Spatial Data Management Act when calculating the adjustment amount. Finally, in relation to the adjustment, it was judged that it would be necessary to provide long-term low-interest loans to their own land to landowners, and that it would be necessary to calculate the adjustment through appraisal calculated by third parties fairly and objectively based on value judgment.

• Korean Journal of Construction Engineering and Management
• /
• v.22 no.2
• /
• pp.63-71
• /
• 2021

This paper looks into how to enhance construction project management, focusing on the change order, which is often considered one of the major causes for construction delays, disputes, and claims in the middle east construction. First, this paper categorizes the major causes of change orders. It suggests a detailed classification standard for affecting factors resulting from change orders based on a case study result of an on-going construction project in the Middle East. In particular, this paper presents a method to apply a machine learning-based feature selection to quantify the importance of change order triggers and affecting factors. As a result, the case study identifies six major change order triggers and eight affecting factors. Also, a meaningful relationship between change order triggers and affecting factors by each category is presented. This paper will contribute to setting a clear guideline for change order management for the international plant construction field while helping prevent construction delays and cost run-ups by reducing the time required for change order resolution between project owners and contractors.

• Korean Journal of Heritage: History & Science
• /
• v.54 no.2
• /
• pp.98-119
• /
• 2021

This thesis aims to examine when the petroglyphs of Cheonjeon-ri, Ulju were carved and their nature. To achieve this, the relations between rituals and rock carving motifs are examined besides the nature of the archaeological monuments with carved petroglyphs. The investigation revealed that the figurative motifs on the petroglyphs of Cheonjeon-ri, Ulju, may have been carved during the Korean Bronze Age considering other examples of figurative petroglyphs from that period. It is reasonable to assume that the figurative animal motifs on the petroglyphs of Cheonjeon-ri, Ulju were used for rituals of fertility and rebirth as a subsistence ritual during the Korean Bronze Age. The Geomdan-ri Archaeological Culture Type is a strong candidate, having used both petroglyphs of Cheonjeon-ri and those of Bangudae, Ulju, since the Geomdan-ri Archaeological Culture Type has a higher proportion of hunting and fishing and lower proportion of rice cultivation in its subsistence than in the subsistence of the Songguk-ri Archaeological Culture Type. In contrast to the figurative motifs, the abstractive motifs, including the geometric designs on the petroglyphs of Cheonjeon-ri, Ulju, are generally accepted to have been carved during the Bronze Age. Although there have been some disputes over the symbolic meanings of concentric motifs, lozenge motifs, and other geometric motifs, they may be related to rituals for sun worship, ancestor worship, and fertility cults. Their meanings have been continuously reinterpreted.

• Journal of Legislation Research
• /
• no.55
• /
• pp.193-237
• /
• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• MARITIME LAW REVIEW
• /
• v.29 no.2
• /
• pp.115-144
• /
• 2017

The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

• The Journal of the Korea Contents Association
• /
• v.21 no.1
• /
• pp.12-23
• /
• 2021

Due to high proportion of exports, Korea has a higher dependence on the global value chain (GVC) than other major developed countries. This reason, Korea has a structure that is sensitive to GVC changes. This is because Korean exports are concentrated on specific countries and items, and most of the materials for export tend to depend on imports. Currently, export restrictions resulting from trade disputes with Japan can affect the industry of Korea as a whole due to the supply of core materials. Therefore, in order to minimize economic damage caused by export regulations in the current situation, it is necessary to reorganize the GVC, through efforts to rapidly diversify imports and localize imports that depend on Japan. To this end, it is necessary to derive and classify imported goods that depend on Japan, and to localize items that are difficult to diversify imports, and prompt R&D investment is required for this. This study aims to support R&D investment policy through quantitative analysis based on big data rather than a decision-making method based on expert-centered qualitative analysis.

• Journal of the Korean Society of Environmental Restoration Technology
• /
• v.24 no.6
• /
• pp.49-65
• /
• 2021

Although the Environmental Impact Assessment (EIA) is continuously being advanced, the number of environmental disputes regarding it is still on the rise. In order to supplement this, it is necessary to analyze the accumulated complaint cases. In this study, through the analysis of complaint cases, it is possible to identify matters that need to be improved in the existing EIA stages as well as various damages and conflicts that were not previously considered or predicted. In the process, we dervied 'complaint-based data demands' that should be additionally examined to improve the EIA. To this end, a total of 348 news articles were collected by searching with combinations of 'environmental impact assessment' and a keyword for each of the six assessment groups. As a result of analysis of collected data, a total of 54 complaint-based data demands were suggested. Among those were 15 items including 'impact of changes in seawater flow on water quality' in the category of water environment; 13 items including 'area of green buffer zone' in atmospheric environment; 10 items including 'impact of soundproof wall on wind corridor' in living environment; 8 items including 'expected number of users' in socioeconomic environment, 4 items including 'feasibility assessment of development site in terms of environmental and ecological aspects' in natural ecological environment; and 4 items including 'prediction of sediment runoff and damaged areas according to the increase in intensity and frequency of torrential rain' in land environment. In future research, more systematic complaint collection and analysis as well as specific provision methods regarding stages, subjects, and forms of use should be sought to apply the derived data demands in the actual EIA process. It is expected that this study can serve to advance the prediction and assessment of EIA in the future and to minimize environmental impact as well as social conflict in advance.

• The Korean Society of Law and Medicine
• /
• v.23 no.2
• /
• pp.119-139
• /
• 2022

Brain stimulation technology that administers electrical and magnetic stimulation to a brain has shown a significant level of possibility for treating a wide range of various neurological and psychiatric disorders. Depending on its nature, the technology is defined either as invasive or non-invasive, and deep brain stimulation (DBS) is one of the most well-known invasive brain stimulation technologies. Currently categorized as grade 4 medical device in accordance with Guideline On Medical Devices And Their Grades, a Notification of Ministry of Food and Drug Safety (MFDS), the DBS has been used as a stable treatment for several diseases. At the same time, the DBS technology has recently achieved substantial advancement, encouraging active discussions for its use from various perspectives. On the contrary, debates over legal regulation related to the use of DBS has relatively been smaller in numbers. In this context, this article aims to 1) introduce the DBS technology and its safety in setting out the tone; 2) touch upon major legal issues that would potentially rise from its use for four different purposes of treatment, clinical study, areas of non-standard treatment where no other methods are available, and enhancement; and finally 3) highlight disputes concerning common emerging issues observed in the aforementioned four purposes from the viewpoint of legal responsibility and liability of using the DBS, which are benefit-risk assessment, physicians' duty of information, patients' capacity to consent, control for device, and insurance coverage.

• Journal of Korea Trade
• /
• v.24 no.6
• /
• pp.101-114
• /
• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.27 no.7
• /
• pp.1038-1043
• /
• 2021

Guaranteed seafarer wage payment is essential to ensure a stable supply of seafarers. However, disputes over non-payment of wages to seafarers often occur. In this study, an automatic wage payment system was designed using a blockchain-based smart contract to resolve the problem of seafarers' wage arrears. The designed system consists of an information register, a matching processing unit, a review rating management unit, and wage remittance before deploying smart contracts. The matching process was designed to send an automatic notification to seafarers and shipowners if the sum of the weight of the four variables, namely wages, ship type/fishery, position, and license, exceeded a pre-defined threshold. In addition, a review rating management system, based on a combination of mean and median, was presented to serve as a medium to mutually fulfill the normal working conditions. The smart contract automatically fulfills the labor contract between the parties without an intermediary. This system will naturally resolve problems such as fraudulent advance payment to seafarers, embezzlement by unregistered employment agencies, overdue wages, and forgery of seafarers' books. If this system design is commercialized and institutionally activated, it is expected that stable wages will be guaranteed to seafarers, and in turn, the difficulties in human resources supply will be solved. We plan to test it in a local environment for further developing this system.