• Strategy21
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• s.32
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• pp.36-70
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• 2013

Waegu(倭寇)'s invasion in the Late Goryeo(高麗) Dynasty was huge damage for Goryeo's local society. And It was shock that Goryeo government's basic foundation of rules. Invasion background of waegu for Kyeong-in-yeon(庚寅年, 1350) was Kyushyu(九州)'s political divide because of Nihon(日本) government's confusion. Waegu was huge damage for Goryeo's Jo-wun(漕運, the shipping system of grain paid as a tax) system. So, government started military response, but it was turn out a failure and had great damage. When execution of military operations failed, Goryeo government sent diplomatic delegation to request the prevent of waegu, but the invasion continued. Since waegu invasion, Goryeo was got nowhere with defence of waegu. So, some people demanded for a new understanding of the ocean defence in the government. Lee-Saek(李穡), Woo-Hyeonbo(禹玄寶), Lee-Hee(李禧) and Jung-Ji(鄭地) were representatives of a new understanding of the ocean defence. Their demands were received attention when all operations had been failed. Therefore, Goryeo government began to reorganization of the naval forces and set up a special committee of gunpowder manufacturing named Hwa-tong-do-gam(火筒都監). This administrative reform was achieved substantial results since then. In 1380, the naval battle at Jin-po(鎭浦) was a big event that first gunpowder attack the waegu. Since Jin-po, Goryeo's naval forces gain confidence. In 1389, Dae-ma-do(對馬島) was attacked by Park-Wi(朴葳). It was meant that Goryeo's naval forces had huge offense power. Goryeo's defence system was focused on a northern race before 14th century waegu's invasion. So they were neglected their ocean defence. But after military operation of waegu's invasion was failure, they focused on the ocean defence. A new understanding of the ocean defence was foundation of that. It means to us to a new understanding of the ocean defence. Now, East Asia has maritime disputes. And we have high exposure to potential threats. So, we have a new understanding of importance of the ocean defence. And we fight for 21th century's ocean threats as foundation of sense of national security.

• Korean Journal of Oriental Medicine
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• v.18 no.2
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• pp.1-16
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• 2012

Objectives : The 10th Conference of the Parties to the Convention on Biological Diversity (COP 10) was held in Nagoya, Japan in October 2010, during which an international convention on access to genetic resources and conventional knowledge and sharing of benefits thereof was adopted. The Oriental Medicine field uses medicinal herbs based on genetic resources, as well as traditional knowledge about genetic resources. As such, if Korea, China and Japan compete over the ownership of such traditional knowledge, it will almost certainly trigger disputes over the payment of royalties among other problems. Notably, since the traditional medicine industry is closely related with China, it is highly likely this will adversely affect Korea's production of medicines using natural materials, including Korean herbal doctors' prescription, formulation and preparation of medicinal herbs. Methods : This study also analyzed the recent situation in Japan, which is the chair nation of the Nagoya Protocol and a member nation like Korea. It analyzed the Japanese people's awareness of the Nagoya Protocol and its strategies in the two years since its adoption, as well as the Guidelines for Genetic Resources, which were newly revised in 2012. Conclusions : The Nagoya Protocol requires the preparation of legislative and administrative measures and policies in order to pave the way for sharing the benefits deriving from the use of genetic resources and the relevant traditional knowledge with the providers of such resources. Thus, corresponding domestic legal measures need to be taken. Such measures include the refining of the procedure of accessing genetic resources, the designation of liaison offices, a competent agency and a supervisory agency, and the building of a system designed to issue internationally acknowledged certificates. It is also important to operate related professional consulting offices, as is the case in Japan. In addition, in the case of genetic resources, there is a need to seek multinational and bilateral cooperation including free trade agreements. Regarding traditional knowledge about genetic resources, measures need to be prepared to enable the three East Asian countries, namely, Korea, China and Japan, to commonly use ancient literature on Oriental medicine and to claim exclusive rights to such intellectual properties. Notably, with China now moving to expand the scope of traditional knowledge through the WIPO, Korea needs to prepare response measures.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.3-40
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• 2005

Many Korean construction companies have been performing a variety of overseas construction projects since the 1970s. It is unfortunate that in many cases they have had to suffer big losses caused by errors and defects in the design and construction of the projects. In the author's opinion, however, there were losses that could have been avoided if they had understood better the feature and content of the particular construction contract. Few lawyers and scholars in Korea have been interested in the research and study of international construction contracts. This is mainly because they do not have access to practical sources outside of Korea for them to research and study since the contracts undertaken have been dealt with by law firms in other jurisdictions to which the disputes apply. This article is aiming primarily at the introduction of the issues which the practitioners are likely to confront in the process of reviewing and performing the international construction contract. In some cases solutions are sought about these issues based upon the FIDIC standard terms and conditions, the actual experience of practice, and UNIDROIT Principles, etc. It is reasonable to say that all the issues related to the international construction contract cannot be covered in a short article like this. The author wishes this article could induce subsequent studies on international construction contracts for further research. It has to be noted that from time to time Korean construction practices have been compared to the international ones for better understanding. This article mostly includes cases where the Korean construction companies go overseas for their projects, while there are some cases where foreign developers and financial investors participated in domestic projects in which international construction contracts forms were adopted. A few precedent domestic writings about international construction contracts seems to lack emphasis on the points that there are several standard construction contract forms and that they are different. The differences are mainly in accordance with who bears the design responsibility, how the owner has to make progress payments to the contractor and who the funding source for the project is. This article tries to make it clear that there are significant differences between the standard contract forms, e.g. a simple construction form, a design-build form and an EPC/turnkey form of contract. Again, the author hopes that this article can arouse the interest in the international construction contracts from both academic and practical fields, so that many subsequent advanced articles can help our construction industry become much more competitive in the world through awareness of the methods of procurement and administration of the contracts.

• Journal of the Korean School Mathematics Society
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• v.12 no.4
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• pp.545-562
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• 2009

Calculus is used in various parts of human life and the basis of social science such as economics and public administration. Yet that is still considered important in the field of science and technology only, and there have been a lot of disputes on that phenomenon. Fortunately, calculus is going to be taught as part of the academic high school second-year mathematics curriculum in and after 2010. Students who face calculus for the first time should be helped not to lose interest in differentiation learning, not to be apprehensive of it nor to avoid it. The purpose of this study was to examine the types of errors made by students in the course of solving differentiation problems in an effort to lay the foundation for differentiation education. A pilot test was conducted after generalized differentiation problems to which students were usually exposed were selected, and experts were asked to review the pilot test. And then a finalized test was implemented to make an error analysis according to an error type analysis framework to serve the purpose.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.702-714
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• 2013

South Korea, China and Japan is struggling for a new economic growth and facing new challenges and difficulties in foreign investment. In this paper, I Studied on the Legal System and Limits or Rules on the Investment Between Korea, China and Japan. First, FTA between Korea, Chin. The trade and economic relations and the investment flows between the three countries were examined. Based on the background of the three countries, it has been studied on the Legal System and Rules in the foreign investment Between Korea, China and Japan. Based on this, and the following were examined. What are the major limits in the foreign investment Between Korea, China and Japan? In the future, what should be included on the FTA investment chapter in FTA between Korea, China and Japan in order to facilitate more investment? FTA between Korea, China and Japan would be an effective means to strengthen the protection of investors and investment facilitation, and investment flows between the three countries will be activated. In the future, FTA between Korea, China and Japan is expected to further promote investment among the three countries. In this regard, in the future, the FTA investment chapter in FTA between Korea, China and Japan should include NT(National Treatment), MFN(Most-Favoured-Nation (Treatment)), Prohibition of the implementation of specific measures, the nationality requirements of management or the board of directors, movement of funds, safeguard measures, expropriation and compensation, compensation for loss, fair and equitable treatment, the settlement of disputes between foreign investors and investment promotion country(Investor-State Dispute Settlement), and other agreement between the three countries.

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.12-24
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• 2017

This paper analyzed the representation of migrants in television with the example of KBS's My Neighbor, Charles. This primetime TV show with consistent popularity has showcased different types of migrants from other Korean television shows in terms of gender and race, and, partly the difference brought popularity to it. This study finds the major reason of the difference from changed migration patterns in Korea. Until recently, the main population of immigrants in Korea was composed of female brides and workers, but it became diversified to include male and the West migrants. This triggered the changes in media representation, but not thoroughly. Though the faces of migrant protagonists have been diversified, the remaining ideology of nation-centric that has been the main frame to regard migrants as someone to be integrated through traditional values persists. This study finds a few conflicts between the traditional and the change. For example, represented realities of migrants are extends to include their activities in public domain, disputes of multicultural society such as social differentiation and bias, and the criticism of Korean traditional culture. In a gender perspective, while all the marriages represented showed different kinds of vulnerability, discourses of traditional familialism were also clearly presented through different tools of representation. This study aims at contributing existing studies of media representations of migrants with a more complicated pictures in the context of social changes and migration population changes.

• Journal of Korea Port Economic Association
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• v.29 no.4
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• pp.27-53
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• 2013

It is a generalized way for the chartering business to fix the laytime bars except rarely adapting the customary despatch of the cargo work in port. The way of customary despatch is usually accepted by the owners in case the port facilities and other relevant infrastructures are in the satisfactory level for the cargo work whereas the laytime bars to be widely incorporated in the chaterparty for almost all occasions for owners and charterers to bind each other in loading and discharging cargo in port. The main purpose of establishing laytime bars on the charterparty is to secure the right and duty for both parties of the owners and the charterers, and furthermore to make the vessel despatched quickly from the port, whereby the costs incidental to the loading and discharging in port to be saved as much as possible. and the minimized costs in port will contribute to the profits in all parties involved in loading and discharging cargo. The conditions and terms on the laytime bars are expressed variously in their kinds according to the types of the charterparty to be used. The owners and charterers or the ship operators, however, seems not to be so accustomed in lawful understanding on these terms and conditions, and therefrom lots of disputes are noticed practically in the business field. As a result, this study is focused to render the owners and charterers rather clear understanding on their meanings and effects in legal aspects, and the various English Law Cases are referred in order to achieve the purpose of this study.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• Journal of Korean Society of Rural Planning
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• v.20 no.3
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• pp.75-88
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• 2014

The purpose of the present study is to examine the characteristics of intermediary organizations for rural tourism by analyzing how they are run, especially in Yangpyeong-gun and Icheon-si Nadri groups, and to further look for the desirable role they should play. Since the activities of these intermediary groups have not been accumulated enough to be able to be used for a study, grounded theory was adopted as deemed appropriate among other qualitative research approaches for this paper. Three main findings of the current research are as follows. First, the rural tourism intermediary organizations have characteristics that are leaning towards local villages more than visitors, although they are in the middle of a spectrum stretching between 'visitors to the green villages' on one end and the 'green villages' on the other end. Second, the intermediary groups work not just as a bridge among different green villages but also as a mediator, facilitator and a guide, noting that such roles can vary significantly depending on the level of competence of the groups themselves and the extent to which the government steps in. Third, the tourism intermediary organizations can contribute to local community-building, going beyond the boundaries of green village. They help to improve the quality of tour experience which leads to revitalization of local economy, and during the course of operating the intermediary groups, the community in the village can set up rules and resolve disputes and conflicts. Thus, the activities of the groups have the potential to create a local community by affecting not just at a village level but to a broader area where their operation is based on. Implications of this study are suggested in three ways. First, the paper looked at the interaction between rural tourism intermediary organizations and stakeholder in a comprehensive way with a qualitative research approach taken. Second, it identified the role and tasks of rural tourism intermediary organizations. Third, it is important to ensure that the tourism intermediary organizations play the local community-oriented role.

• Journal of Technology Innovation
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• v.22 no.4
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• pp.165-198
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• 2014

The national R&D performance evaluation system in Korea has been influenced by 'New Public Management' since the 1980s. The 1997 IMF crisis in Korea has necessitated the overhaul of S&T policy strategies in Korea. Reflecting this, effective distribution and utilization of S&T investment and resources has emerged as a crucial policy agenda, while expansionary investment in S&T maintained. During the period of 1999-2005, the R&D evaluation has been more focused on the input side and execution processes than on the results of R&D. Evaluation results were to be reflected in the budgeting of national R&D, but there were some disputes over how to make use of evaluation results between the budgeting ministry and the evaluation agency partly because they were two separate entities. After the advent of the new government(1998-2003) which advocated 'science and technology-oriented society', the national R&D evaluation system has evolved through a new legislation, the Performance Assessment Act, and the establishment of Science & Technology Innovation Agency to build up the unique framework for national R&D evaluation differentiated from the assessment system for general government investment programs. Most recently, due to 'Comprehensive Improvement Plan' in 2013, various components of national R&D evaluation seem to move on a new evolutionary track. For example, different types of evaluation are being developed and tried in accordance with differing evaluation goals, and the individual ministries and the research councils has got more enhanced autonomy and responsibility regarding R&D evaluation. So-called 'tailored' evaluation methods, taking into consideration the characteristics of programs and institutes / organizations to be evaluated, are now being tried. Competences of evaluation experts and agencies has also to be improved and strengthened.