• East Asian Economic Review
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• 제19권2호
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• pp.189-220
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• 2015

Multi-scale representations are effective in characterising the time-frequency characteristics of financial return series. They have the capability to reveal the properties not evident with typical time domain analysis. Given the aforesaid, this study derives crucial insights from multi scale analysis to investigate the co-movements between Indian and emerging Asian equity markets using wavelet correlation and wavelet coherence measures. It is reported that the Indian equity market is strongly integrated with Asian equity markets at lower frequency scales and relatively less blended at higher frequencies. On the other hand the results from cross correlations suggest that the lead-lag relationship becomes substantial as we turn to lower frequency scales and finally, wavelet coherence demonstrates that this correlation eventually grows strong in the interim of the crises period at lower frequency scales. Overall the findings are relevant and have strong policy and practical implications.

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Geomechanics and Engineering
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• 제32권1호
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• pp.111-123
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• 2023

The slope of an open cut tunnel is located above the exit of the Leijia tunnel on the Changgan high-speed railway. During the excavation of the open cut tunnel foundation pit, the slope slipped twice, a large landslide of 92500 m³ formed. The landslide body and unstable slope body not only caused the foundation pit of the open cut tunnel to be buried and the anchor piles to be damaged but also directly threatened the operational safety of the later high-speed railway. Therefore, to study the stability change in the slope of the open cut tunnel under heavy rain and excavation conditions, a 3D numerical calculation model of the slope is carried out by Midas GTS software, the deformation mechanism is analyzed, anti-sliding measures are proposed, and the effectiveness of the anti-sliding measures is analyzed according to the field monitoring results. The results show that when rainfall occurs, rainwater collects in the open cut tunnel area, resulting in a transient saturation zone on the slope on the right side of the open cut tunnel, which reduces the shear strength of the slope soil; the excavation at the slope toe reduces the anti-sliding capacity of the slope toe. Under the combined action of excavation and rainfall, when the soil above the top of the anchor pile is excavated, two potential sliding surfaces are bounded by the top of the excavation area, and the shear outlet is located at the top of the anchor pile. After the excavation of the open cut tunnel, the potential sliding surface is mainly concentrated at the lower part of the downhill area, and the shear outlet moves down to the bottom of the open cut tunnel. Based on the deformation characteristics and the failure mechanism of the landslides, comprehensive control measures, including interim emergency mitigation measures and long-term mitigation measures, are proposed. The field monitoring results further verify the accuracy of the anti-sliding mechanism analysis and the effectiveness of anti-sliding measures.

• 한국중재학회지:중재연구
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• 제29권4호
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• pp.77-100
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• 2019

Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.

• 한국중재학회지:중재연구
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• 제12권1호
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• 동남아시아연구
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• 제28권2호
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• pp.213-247
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• 2018

2017년에 들어와 타이 대중들은 쁘라윳이 이끄는 군사정부에 등을 돌렸다. 군사정부가 약속했던 민주주의의 회복, 국민화해, 부패척결, 경제성장과 같은 공약이 지켜지지 않았기 때문이다. 그럼에도 2017년에 들어와 쁘라윳 군사정부는 국제적으로 위신을 회복하기 시작했다. 특히 2014년 쿠테타를 강력하게 비난하면서 민정 이양 압박 차원에서 외교적 제재를 가했던 미국과의 관계개선이 이루어졌다. 쁘라윳 총리의 미국 방문과 트럼프 대통령과의 우호적 회담이야말로 큰 성과였다. 유럽연합(EU) 역시 타이와의 관계회복을 공식화했다. 물론 이러한 긍정적 신호는 서방국가들이 2017년 와치라롱껀 국왕의 신헌법 승인과 반포에 따른 헌정체제 회복에 의미를 두었기 때문이다. 10월 말에 있었던 푸미폰 국왕 장례식에 미국 등 전세계에서 조문사절단을 보냄에 따라 장례절차를 관장한 쁘라윳 총리로서는 엄청난 외교적 소득을 얻었다. 그러나 쁘라윳 총리는 2017년에도 임시헌법 44조에 의거해 절대권력을 행사했다. 개혁을 위해 이 절대권력을 행사할 것이라는 군사평의회 국가평화질서위원회(NCPO)의 주장에도 불구하고, 국내외 인권단체들은 무소불위의 이 법이 국민들의 인권을 제약하고 책임성이 결여되어 있다고 비판했다. 여기에다가 오랜 역사를 갖는 국왕모독죄가 현 군사정부 하에서 정치적 행동을 제약하는데 적극적으로 활용되고 있다. 그럼에도 불구하고 쁘라윳 총리는 극히 보수적 개념인 '타이다움'에 근거한 '타이식 민주주의'를 지속적으로 옹호하였다. 이때의 '타이식 민주주의'란 대중의 의사에 기반하는 민정(民政)보다는 '좋은 사람'(콘디)으로 얘기되는 영웅이 이끄는 훈정(憲政)이다. 이 점에서 쁘라윳 군사정부를 '싸릿모델'의 부활로 볼 수 있다. 그러나 쁘라윳 군사정부가 2017년에 내건 4차산업혁명으로의 진입을 준비하는 '타이 4.0' 프로젝트가 개인의 자율성을 억압하는 부활한 '싸릿모델' 하에서 과연 성공을 거둘 수 있을지 귀추가 주목된다.

• 한국토양환경학회지
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• 제2권2호
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• pp.3-8
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• 1997

본 고에서는 네덜란드에서 시행하고 있는 토양환경정책에 대하여 정리하여 보았다. 네덜란드 토양환경관리목표는 토양의 다기능성의 유지 및 회복에 두고 있다. 네덜란드의 토양법체계는 토양보호법을 중심으로 환경관리법, 건축법 등을 통해 토양환경의 보전을 하고 있으며, 공장지대나 주유소는 토양보호법의 테두리 안에서 별도의 명령을 통해 관리되고 있다. 아울러 정화의 책임에 대하여 오염원인자부담원칙 및 정부부담의 원칙을 취하고 있는데, 1987년 이전에 대해서는 책임을 묻지 않는 방법을 취하고 있다. 정화의 책임순서로는 오염원인자, 소유자, 권리행사자 순으로 되어 있으며, 정화는 오염자 스스로 정화를 하도록 유도하고 그렇지 않을 경우에는 정부가 돈을 투자하여 정화를 행하고 있다. 아울러 건축물을 짓고자 할 경우에는 토양에 관한 조사를 하도록 하고 있으며, 토지를 사고 파는 과정에서는 반드시 토양의 질에 관한 정보를 확인하도록 행하고 있다.

• 한국중재학회지:중재연구
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• 제17권2호
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• pp.43-70
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• 2007

The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

• Journal of Korean Neurosurgical Society
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• 제50권5호
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• pp.426-433
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• 2011

Objective : The Histoculture Drug Response Assay (HDRA), which measures chemosensitivity using minced tumor tissue on drug-soaked gelfoam, has been expected to overcome the limitations of in vitro chemosensitivity test in part. We analyzed interim results of HDRA in malignant gliomas to see if the test can deserve further clinical trials. Methods : Thirty-three patients with malignant gliomas were operated and their tumor samples were examined for the chemosensitivity to 10 chosen drugs by HDRA. The most sensitive chemotherapy regimen among those pre-established was chosen based on the number of sensitive drugs or total inhibition rate (IR) of the regimen. The response was evaluated by 3 month magnetic resonance image. Results : Among 13 patients who underwent total resection of the tumor, 12 showed no evidence of disease and one patient revealed progression. The response rate in 20 patients with residual tumors was 55% (3 complete and 8 partial responses). HDRA sensitivity at the cut-off value of more than one sensitive drug in the applied regimen showed a sensitivity of 100%, specificity of 60% and predictability of 70%. Another cut-off value of >80% of total IR revealed a sensitivity of 100%, specificity of 69%, and predictability of 80%. For 12 newly diagnosed glioblastoma patients, median progression-free survival of the HDRA sensitive group was 21 months, while that of the non-sensitive group was 6 months ($p$=0.07). Conclusion : HDRA for malignant glioma was inferred as a feasible method to predict the chemotherapy response. We are encouraged to launch phase 2 clinical trial with chemosensitivity on HDRA.

• 한국실천공학교육학회논문지
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• 제4권2호
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• pp.110-115
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• 2012

IPP (Industry Professional Practice)는 학부교육(academic study)과 산업체 근무(industrial work)를 결합시킨 산학협력 교육모델로 학생들에게 학업과 현장업무를 교대로 경험하게 하여 실용교육의 효과를 극대화 시키고 또한 본인의 적성과 전공에 맞는 진로를 스스로 결정하도록 하여 궁극적으로는 대학 졸업생의 취업역량을 강화하고, 국가적으로는 청년실업 문제의 해소 및 대학과 산업체간의 인력수급 불일치 현상 등을 해소하기 위한 제도이다. 본 논문에서는 IPP 제도의 성공적인 운영을 위해 체계적이고 구체적으로 고려해야 할 학사-운영방안에 대해 검토하고 제안한다. 주요 내용은 학제개편(semester-based quarter제) 방안, 교과과정 개편방안, 학점인정(15학점) 및 성적평가 방안, 공학설계/졸업설계 운영방안, 산학연계 교과목 운영방안 및 경과조치 방안 등이다.