• Journal of Arbitration Studies
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• v.22 no.2
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• pp.103-124
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• 2012

Because the Korea-U.S. Free Trade Agreement (Korea-U.S. FTA) and the North American Free Trade Agreement (NAFTA) have an overlapping contracting party, the United States, their provisions have much in common. The investment chapters of these agreements, especially, show many similarities, and thanks to these similarities, it is likely that the Korea-U.S. FTA arbitration tribunal for investor-state disputes regarding the environment will put great weight on the NAFTA tribunals' interpretations of those similar provisions. Since the NAFTA tribunals have already handled many environment-related arbitration cases, their interpretations will help heighten the predictability of environment-related Korea-U.S. FTA arbitration cases. This paper analyzes the environment-related NAFTA cases in which the tribunal has issued an award, which are the Metalclad case, S.D. Myers case, Waste Management case, Methanex case, Glamis Gold case, and Chemtura case. According to this analysis, the most controversial NAFTA provisions have been Article 1102 (national treatment), Article 1105 (minimum treatment standard, fair and equitable treatment), and Article 1110 (expropriation). The NAFTA tribunals applied the requirement of these articles in a strict manner, reducing the possibility of finding a violation. After the aforementioned analysis, this paper proceeds to compare the national treatment, minimum treatment standard (fair and equitable treatment), and expropriation provisions of the Korea-U.S. FTA and NAFTA and to predict the impact that the environment-related awards under NAFTA can have on environment-related Korea-U.S. FTA cases. It is expected that the NAFTA interpretations of the national treatment and minimum treatment provisions are likely be used as they are, but not the interpretations of expropriation, because of the differences in the expropriation provisions of the two agreements.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.121-145
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• 2009

South Korea has investment agreements such as FTAs, BITs with several countries. Up to now, no single case has been registered against the Korean government on breach of investment agreements, but it is likely that the number of such cases would increase. Therefore, an investor-state dispute settlement system, an arbitral procedure by which a foreign investor may seek compensation of damage against the host country, is gaining its importance. The provision of the ISDS has been one of the hottest issues in Korea while the Kor-US FTA was being signed. In this respect, with the growing number of regional agreements such as BITs and FTAs, a careful scrutiny on the ISDS is necessary for Korea. I have therefore studied theoretically subjects including the National Treatment(NT), the Most-Favored Nation(MFN), Fair and Equitable Treatment and Expropriation - those that have been the objects of protection on investors. And I have analyzed ICSID arbitral awards and provided implications. In the ICSID arbitral awards, the Fair and Equitable Treatment turned out to be the most recognized violation on investors by the host State in terms of investor protection. On the other hand, Indirect Expropriation - a matter of which public anxiety was shown led by civic groups - was not generally recognized in arbitral awards. This study is written for sake of governments, local autonomous entities and public enterprises that are in charge of FTAs and BITs.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.20 no.2
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• pp.209-214
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• 2020

The equitable partitioning problem(EPP) is classified as [0/1] binary skill existence or nonexistence and integer skill levels such as [1,2,3,4,5]. There is well-known a polynomial-time optimal solution finding algorithm for binary skill EPP. On the other hand, tabu search a kind of metaheuristic has apply to integer skill level EPP is due to unknown polynomial-time algorithm for it and this problem is NP-hard. This paper suggests heuristic greedy algorithm with polynomial-time to find the optimal solution for integer skill level EPP. This algorithm descending sorts of skill level frequency for each field and decides the lower bound(LB) that more than the number of group, packing for each group bins first, than the students with less than LB allocates to each bin additionally. As a result of experimental data, this algorithm shows performance improvement than the result of tabu search.

• Journal of the Korean Society for Library and Information Science
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• v.35 no.2
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• pp.151-170
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• 2001

Pricing for e-journals has become more complex than before-certainly much more complex than print pricing has ever been. E-journals charge either a fiat fee based on print, user, library size, usage, and combination. A survey of publisher's pricing structure found that print based model is popular followed by user based model. The current pricing situation is far from equitable and can be improved if publishers can be coerced to change their pricing practices. This study focus on a number of possible pricing models that may supplement and/or possibly replace the current print based model. With the possibility that its pricing will eventually be based strictly according to usage, may lead to the most equitable pricing model as well as the most efficient use of society's resources. Libraries can alleviate the pricing problem by encouraging library organizations and university consortia to exploit their potential monopoly power into a bilateral monopoly situation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• Journal of Preventive Medicine and Public Health
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• v.46 no.5
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• pp.237-248
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• 2013

Objectives: The purpose of this study is to examine and explain the extent of income-related inequity in health care utilization and expenditures to compare the extent in 2005 and 2010 in Korea. Methods: We employed the concentration indices and the horizontal inequity index proposed by Wagstaff and van Doorslaer based on one- and two-part models. This study was conducted using data from the 2005 and 2010 Korean National Health and Nutrition Examination Survey. We examined health care utilization and expenditures for different types of health care providers, including health centers, physician clinics, hospitals, general hospitals, dental care, and licensed traditional medical practitioners. Results: The results show the equitable distribution of overall health care utilization with pro-poor tendencies and modest pro-rich inequity in the amount of medical expenditures in 2010. For the decomposition analysis, non-need variables such as income, education, private insurance, and occupational status have contributed considerably to pro-rich inequality in health care over the period between 2005 and 2010. Conclusions: We found that health care utilization in Korea in 2010 was fairly equitable, but the poor still have some barriers to accessing primary care and continuing to receive medical care.

• International Journal of Fluid Machinery and Systems
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• v.1 no.1
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• pp.33-37
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• 2008

EquiMar (Equitable Testing and Evaluation of Marine Energy Extraction Devices in terms of Performance, Cost and Environmental Impact) is one of the first round of energy projects under the European Commissions 7th Framework Programme (FP7). The three year EquiMar project aims to deliver a suite of protocols for the evaluation of both wave and tidal converters, harmonizing testing and evaluation procedures across the wide range of available devices, accelerating adoption through technology matching and improving the understanding of both environmental and economic impacts associated with the deployment of devices. The EquiMar protocols will cover site selection, initial design, scaling up of designs, the deployment of arrays and environmental impact assessment as well as economic issues. EquiMar will build on existing protocols, e.g. UK DTI Marine Renewables Development Fund (MRDF) protocols for wave and tidal energy, and engage with international standards setting activities, e.g. IEC TC114.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.3-24
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• 2010

The contours of the definition of an indirect expropriation are not precisely drawn. In some recent ICSID decision, tribunals have interpreted the concept of indirect expropriation narrowly and have preferred to find a violation of the standard of fair and equitable treatment. Thus, I analyzed the three Requirements of Indirect Expropriation basis of ICSID Cases as below. First, the effect of measure upon the economic benefit value as well as upon the control over the investment will be the key question when it comes to deciding whether an indirect expropriation has taken place. Whenever this effect is substantial and lasts for a significant period of time, it will be assumed prima facie that a taking of the property has occurred. Second, legitimate play a key role in the interpretation of the fair and equitable treatment standard. But they also found entry into the law governing indirect expropriation. Finally, the duration of a government measure affecting the interests of a foreign investor is important for the assessment of whether an expropriation has occurred.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.22 no.12
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• pp.2635-2643
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• 1997

In this paepr, a routing algorithm is proposed in order to reduce average end-to-end delay and congesting in the high speed network. The algorithm proposed here uses the existing one which adaptively modifies routes and the amount of traffic allocated to each link as user traffic partterns flutuate. This algorithm is ELB(Equitable Load Balancing). Also, the new algorithm considers the proportional to the distance between source and destination. It reduces congestion from the ELB and average end-to-end delay from the propagation dealy concepts respectively. Through the simulation, it shows that the algorithm proposed here reduces average end-to-end delay over low load to high load, and it also guarantees the congestion control.

• East Asian Journal of Business Economics (EAJBE)
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• v.11 no.2
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• pp.71-80
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• 2023

Purpose - The pandemic has magnified and deepened existing socioeconomic disparities, including healthcare, education, income, gender, and housing. This study aims to examine the intersectionality of these disparities and their implications for promoting equity and justice. Research design, data, and methodology - This study is a comprehensive review of the literature on the impact of the COVID-19 pandemic on socioeconomic disparities. The review includes empirical studies, policy reports, and academic articles on healthcare, education, income, gender, and housing disparities. Result - The pandemic has exposed significant disparities in healthcare, education, income, gender, and housing. Healthcare disparities have been highlighted, and there is a need for more equitable access to care and addressing social determinants of health. Educational and income disparities are closely linked, perpetuating cycles of poverty and inequality. Gender disparities have been exacerbated, with women experiencing disproportionate impacts on their health, well-being, and economic security. The pandemic has highlighted the need for safe, stable, and affordable housing. Conclusion - The pandemic has brought to light numerous socioeconomic disparities that require systemic change to address. Promoting equity and justice requires a comprehensive, long-term approach that addresses systemic factors and promotes social and economic equity. By taking action to address these issues, we can create a more just and equitable society that promotes the health and well-being of all its members.