• KSCE Journal of Civil and Environmental Engineering Research
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• v.30 no.6D
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• pp.553-560
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• 2010

This study examined the factors influencing the number of enforcement cases on traffic signal violation. The study collected enforcement data on traffic signal violation by multi-functional unmanned cameras across the Daegu metropolitan area, and analyzed the data to determine correlations among various factors including physical dimensions and engineering characteristics of the roadway as to how they would influence the number of violations. The resulting analysis provided a general model that assesses applicability for multi-functional unmanned cameras, and further shed helpful insights on efficient utilization of such traffic signal enforcement equipments in terms of installation thresholds and location. By identifying violation-prone features and characteristics and subsequent enforcement considerations, this research also supports safety efforts in reducing the number of traffic accidents as well.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.8 no.6
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• pp.55-63
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• 2009

Since the introduction of 32 Automated Speed Enforcement System in Korea 1997, their application was expanded to the entire nation and, as of January 2008, there are 3,212 Automated Speed Enforcement System that are in operation. The existing method of evaluating the effects of the Automated Speed Enforcement System application is simple comparison of a year before and a year after the application. If the number of traffic accidents dramatically increased(or decreased) the year before the application compared to the numbers from years before that, then if the number decreased(or increased) after the Automated Speed Enforcement System application, it cannot be concluded that the change was caused by the Automated Speed Enforcement System application alone. Based on the 4-Step Before-After study, the method of evaluating the effect of an Automated Speed Enforcement System application was analyzed anew. At 205 locations where Automated Speed Enforcement System was applied in 2006, the existing evaluation stated a reduction of 19% in the number of traffic accidents, but when reanalyzed for the method suggested in this paper, the effect of the Automated Speed Enforcement System was found to be $27.4{\pm}3$, along with an error range of ${\pm}12.89%$ due to miscellaneous improvement.

• Journal of the Korean Society of Safety
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• v.34 no.5
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• pp.144-152
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• 2019

According to the National Police Agency, point-to-point speed enforcement system is being installed and operated in 97 sections across the country. It is more effective than other enforcement systems in terms of stabilizing the traffic flow and inhibiting the kangaroo effect. But it is only 5.1% of the total enforcement systems. The National Police Agency is also aware that its operation ratio is very low and it is necessary to expand point-to-point speed enforcement system. Hence, this study aims to provide the expansion basis of the point-to-point speed enforcement operation through analysis of the quantitative effects and development the accident prediction model. Firstly, this study analyzed the effectiveness of point-to-point speed enforcement system. Naive before-after study and comparison group method(C-G Method) were used as methodologies of analyzing the effectiveness. The result of using the naive before-after study was significant. Total accidents, EPDOs and casualty crashes decreased by 42.15%, 70.64% and 45.30% respectively. And average speed and the ratio of exceeding speed limit decreased by 6.92% and 20.50%p respectively. Moreover, using the C-G method total accidents, EPDOs and casualty crashes decreased by 31.35%, 66.62% and 10.04% respectively. And average speed and the ratio of exceeding speed limit decreased by 3.49% and 56.65%p respectively. Secondly, this study developed a prediction model for the probability of casualty crash. It was dependant on factors of traffic volume, ratio of exceeding speed limit, ratio of heavy vehicle, ratio of curve section, and presence of point-to-point speed enforcement. Finally, this study selected the most danger sections to the major highway and evaluated proper installation sections to the recent installation section by applying the accident prediction model. The results of this study are expected to be useful in establishing the installation standards for the point-to-point speed enforcement system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.65-87
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• 2015

This article examines the Stay of Enforcement of ICSID Arbitration Award. The effect of the stay is that the award is not subject to enforcement proceedings under Article 54 of the ICSID Convention pending the outcome of the annulment application. The annulment committee must decide the stay, unless the applicant sought the stay with the request for annulment, in which case the ICSID Secretary -General must grant it automatically. This automatic stay -which can only relate to the entire award-remains in force until the committee is constituted and issues a decision on the request for stay. ICSID committees have taken different positions on whether a stay of enforcement is exceptional or not. Some committees have held that because the ICSID Convention explicitly recognizes that the rights of the award creditor could be subject to a stay, stays are not exceptional. ICSID practice shows that most committees have rejected the proposition that the merits and prospects of the application for annulment should influence the committee's decision whether to grant a stay. In addition, ICSID practice regarding the specific circumstances that will justify a stay of enforcement is unclear, and committees have focused on different factors to decide whether to grant a stay such as prospect of prompt compliance with the ward, hardship to one of the parties, risk of non-recovery and irreparable harm to the award debtor. Also, ICSID practice shows that even though the Convention is silent on this issue, committees have generally held that they are empowered to condition the stay of enforcement on the granting of security by the requesting party.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.6 no.1 s.12
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• pp.27-37
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• 2007

The automatic speed enforcement system is expected to play an important role as intelligent transport system (ITS) or advanced franc management system (ATMS). It must be a reliable system checking the overspeedy vehicles automatically, while savine the police manpower and ensuring a safe traffic flow. In terms of traffic engineering, the automatic speed enforcement system may serve to improve driver's violent behaviors, facilitate the smooth and safe traffic flow and thereby, reduce the traffic accident. This study was aimed at analyzing the accident before and after installation of the automatic speed enforcement systems at the frequency, EPDO(equivalent property damage only) and accident cost, analyzing the effects of the automatic system on the traffic flow and accident. As a result, when we equip the automatic speed enforcement system on the downward slope section or after middle section comparing with whole section. We should consider the location of automatic speed enforcement system.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.33-52
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• 2017

This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• The Journal of the Korea Contents Association
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• v.21 no.12
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• pp.302-309
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• 2021

The section speed enforcement system measures the starting instantaneous speed, the The section speed enforcement system measures the starting instantaneous speed, the ending instantaneous speed, and the section average speed, and imposes fines only for the portion that has been speeding the most. However, according to the Road Traffic Act, most of the systems are installed on highways, so existing research has been conducted on highway sections. In this study, it is expected that the installation of section speed enforcement systems on general national roads will be expanded according to the revision of related laws. ITS collection and operation data targeting the section speed enforcement system installed on National Road 3 Seongnam Icheon-ro was used to analyze traffic speed, standard deviation of traffic speed, and reduction in traffic accidents by dividing it into before installation, trial operation period, and after crackdown. As a result of the analysis, the traffic speed, standard deviation, and traffic accidents decreased by 13%, 25%, and 70%, respectively, after installation, confirming that the installation of the section speed enforcement system greatly contributed to the reduction of accidents.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.21 no.5
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• pp.67-77
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• 2022

An automatic freeway bus-only lane enforcement system was developed and assessed in a real-world environment. Observation of a bus-only lane on the Youngdong freeway, South Korea, revealed that approximately 99% of the vehicles violated the high-occupancy vehicle (HOV) lane regulation. However, the current enforcement by the police not only exhibits a low enforcement rate, but also induces unnecessary safety and delay concerns. Since vehicles with six passengers or higher are permitted to enter freeway bus-only lanes, identifying the number of passengers in a vehicle is a core technology required for a freeway bus-only lane enforcement system. To that end, infrared cameras and the You Only Look Once (YOLOv5) deep learning algorithm were utilized. For assessment of the performance of the developed system, two environments, including a controlled test-bed and a real-world freeway, were used. As a result, the performances under the test-bed and the real-world environments exhibited 7% and 8% errors, respectively, indicating satisfactory outcomes. The developed system would contribute to an efficient freeway bus-only lane operations as well as eliminate safety and delay concerns caused by the current manual enforcement procedures.