• Journal of Korean Society of Transportation
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• v.33 no.2
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• pp.182-191
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• 2015

The Korean government introduced an automated speed enforcement system (ASES), which uses traffic enforcement cameras, to counteract safety issues that are caused by speeding. As the information of the traffic enforcement camera locations is provided to the drivers via navigation systems and mobile applications in a timely manner, drivers can avoid enforcement by momentarily diminishing their speeds only near the camera locations. To prevent drivers' evasional behavior and improve the effectiveness of ASES, section control, which enforces speeding vehicles by measuring their average travel speeds over a stretch of road and checking against the speed limit, has been recently implemented. In this study, Section Speed Enforcement Zone and Comparison Zone are compared in terms of traffic stream characteristics under free flow conditions. To this end, loop detector data were obtained from the three study sites and analyzed. The study results demonstrated that drivers maintain their speeds below the speed limit over the enforcement section with a lower variance of speeds.

• International Journal of Highway Engineering
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• v.16 no.1
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• pp.11-19
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• 2014

PURPOSES : The purpose of this article is to investigate the predicted life of jointed concrete pavement (JCP) with two variables effecting on axle load spectra (ALS). The first variable is different data acquisition methods whether using high-speed weigh-in-motion (HS-WIM) or not and the other one is spectra distribution due to overweight enforcement on main-lane of expressway using HS-WIM. METHODS : Three sets of ALS had been collected i) ALS provided by Korea Pavement Research Program (KPRP), which had been obtained without using HS-WIM ii) ALS collected by HS-WIM before the enforcement at Kimcheon and Seonsan site iii) ALS collected after the enforcement at the same sites. And all ALS had been classified into twelve vehicle classes and four axle types to compare each other. Among the vehicle classes, class 6, 7, 10 and 12 were selected as the major target for comparing each ALS because these were considered as the primary trucks with a high rate of overweight loading. In order to analyze the performance of JCP based on pavement life, fatigue crack and International Roughness Index (IRI) were predicted using road pavement design program developed by KPRP and each ALS with same annual average daily traffic (AADT) was applied to design slab thickness. RESULTS : Comparison ALS of KPRP with those of HS-WIM shows that the ALS of KPRP has a low percentage of heavy spectra such as 6~9 tonnes for single axle, 18~21 tonnes for tandem axle and 27~30 tonnes for tridem axle than other two ALS of HS-WIM in most vehicle classes and axle types. It means that ALS of KPRP was underestimated. And after the enforcement, percentage of heavy spectra close to 10 tonnes per an axle are lowered than before the enforcement by the effect of overweight enforcement because the spectra are related to overweight regulation. Prediction results of pavement life for each ALS present that the ALS of HS-WIM collected before the enforcement makes the pavement life short more than others. On the other hand, the ALS of KPRP causes the longest life under same thickness of slab. Thus, it is possible that actual performance life of JCP under the traffic like ALS of HS-WIM could be short than predicted life if the pavement was designed based on ALS provided by KPRP. CONCLUSIONS : It is necessary to choose more reliable and practical ALS when designing JCP because ALS can be fairly affected by acquisition methods. In addition, it is important to extend performance life of the pavement in service by controlling traffic load such as overweight enforcement.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.21 no.1
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• pp.182-192
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• 2022

Motorcycle accidents are increasing at an average annual rate of 10.01%, and fatalities are also increasing by 2.64%. Enforcement cameras are installed to enforce safe driving of more-than or equal-to four-wheeled vehicles on the road. Even though the main purpose of this enforcement camera is to disencourage the speed violation of all types of vehicle, one cannot expect complete enforcement by these cameras. In particular, enforcement of the motorcycle should rely on on-site activities through the input of on-site personnel. Recently, to discourage the illegal acts of motorcycling, the National Police Agency introduced the 'National Police Agency SMART National Report'. However, it is necessary to prepare an appropriate practical plan to maximize the effect of enforcement requiring continuous manpower management. This study proposed four types of rider certification IDs for delivery motorcycles. These IDs are institutional devices to manage delivery motorcycle riders. In addition, a experiment on enforcement was conducted using those license ID systems for delivery motorcycles. This experiment confirmed through the image-processing program (D-MESO) if one of the systems was possible to implement for enforcement on the delivery motorcycle rider's license.

• Strategy21
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• s.33
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• pp.178-201
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• 2014

China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.61-86
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• 2011

Korea Supreme Court has given thirty-nine time's judgments on enforcement of Arbitral awards for thirty-six arbitration cases and made four time's decision on the arbitration cases since Korea arbitration act was enacted in 1966. Most of the arbitration cases appealed to the Supreme Court was to obtain the recognition and enforcement of arbitral awards or to set aside the arbitral awards according to the Korea arbitration Act article 36 and article 37, by reason of (a) a party to the arbitration agreement was under some incapacity under the law applicable to him or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, (b) a party making the application was not given proper notice of the appointment of the arbitrator or arbitrators or of the arbitral proceedings or was otherwise unable to present his case (c) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, 5 cases of these arbitral awards were refused to obtain the enforcement of Arbitral awards and have been cancelled finally by the Supreme Court only by the New York Convention of 1958.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.85-112
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• 2005

The purposes of this paper are to investigate how deeply the courts in Korea and the U.S. are involved in the enforcement process of the arbitral award. The extent of judicial review of arbitral award and the procedures to execute the arbitral award were explored and compared in each of the countries. In Korea the winning party should file a suit for enforcement judgement to execute the arbitral award, while the winning party in the U.S. should file an application for motion. Such difference in the execution process between Korea and the U.S. may be led to a higher burden on the Korean winning party in the execution process due to the complexity and instability during the new litigation for enforcement judgement. In addition, the Korean Arbitration Act does not grant any authority for the court to intervene with the substantive matters in the arbitral award, while in the U.S. the Common Law allows the court to vacate the arbitral ward when the arbitral award is entered with the manifest disregard of the law by the arbitral tribunal. It would be more practical for the court to supplementarily intervene with the arbitral award which obviously hurts the legal interest of the arbitral parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.87-109
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• 2014

This article examines the regime for the recognition, enforcement and execution of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes(ICSID). The effectiveness of international arbitration depends on the degree of finality of the award and the ease with which the award may be enforced by the prevailing part. The ICSID Convention provides for rigorous finality and seeks to establish optimal preconditions for the enforcement of awards in manner that distinguishes ICSID from other international arbitral regimes. As with other classes of disputes subject to judical or arbitral jurisdiction, most ICSID cases settle. In the cases that do proceed to award, participants must understand what will happen if the losing party fails to comply with the award voluntarily and the prevailing party takes the award through phases known as "recognition", "enforcement" and "execution". Investors should assess possible execution before finalizing investments and certainly before they initiate collection proceedings on ICSID awards. An investor with a monetary award in hand should attempt to locate assets of the losing State and then obtain comparative law advice to identify jurisdictions that allow attachment of at least certain categories of sovereign assets.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• Child Health Nursing Research
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• v.10 no.3
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• pp.361-366
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• 2004

Purpose: This descriptive study was conducted to illuminate, from the nursing point of view, the infant care act, which was revised recently and to suggest a desirable direction of its enforcement decree and regulations. Method: This study was carried out through literature review and a collection of child care experts' opinions. Result: The most remarkable changes in infant care act and the suggestions for a desirable direction of its enforcement decree and regulations are as follows: It can be said that the law on 'health', 'nutrition' and 'safety' for a child care center was improved to the level of act from the level of enforcement regulation. In the enforcement regulation on the distribution of nurses in child care centers, it is desirable that nurse's aids are excluded. It is recommended that every child care center should have a nurse or a health care manager and/or an emergency caretaker. In the curriculum for child care, the subjects on child health care should be an essential subject, not elective. Conclusion: Child care act should be reformed under the discipline of first priority to child health. Every nurse and nursing professor should have interest and earnestness in child care and conduct related studies.

• Journal of the Korean Society of Safety
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• v.25 no.2
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• pp.78-83
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• 2010

An installation of automated speed enforcement system(ASES) was known for traffic safety and accident preventive effects that traffic characteristics transmute by speed distribution stabilizing. This study is verified the variations of average speed, 85% speed, speed distribution and dispersion as traffic characteristics depend on enforcement system influences in the road. We tested selected 5 areas. By and large, it has a little differences depend on road geometric structure and traffic environment but that is not too much. After all, after automated speed enforcement system installed in all of test areas, average speed, 85% accumulated speed, speed distribution and dispersion characteristics were declined and equalized. The speed dispersion was smaller than before installed the ASES. The speed dispersion value of each case that is the limited speed has been 70Km/h, 80Km/h at flat and straight, 80Km/h at downhill and straight or downhill and left-curved area was 77.3%, 65.2%, 68.7% and 54.1%. Each of the data was declined. We could analyze that average speed distributed depletion factor was declined rapidly by 66.3% in test area.