• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.31-51
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• 2018

As International arbitration has increased in popularity, there has been an expansion in the pool of arbitrators, and a commensurate diversification of not only the legal backgrounds but cultural backgrounds among themand among parties. As a result, there has been increased attention on the standards used to evaluate arbitrators' conduct and ethics, especially among them, 'Impartiality and Independence of Arbitrator' which is a precondition for an acceptable awards. There is no international treaty or code governing these issues. But the International Bar Association(IBA) seems to be leading the way such as establishing practical guidelines regarding to impartiality and independence of arbitrator. This article will review some theories, cases about impartiality and independence of arbitrator, and practical standards through the IBA guidelines. It is intended to provide specific guidance and criteria to the arbitrators, parties and counsels. And also it is expected to prevent unnecessary delays in arbitration proceedings in advance and filing for the annulment of arbitral awards because of lack of impartiality and independence of arbitrator as well.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.211-241
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• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• International Journal of Advanced Culture Technology
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• v.5 no.4
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• pp.31-37
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• 2017

This study was initiated with the aim of suggesting a further step in the program of literary therapy by revealing the mechanism by which the body heals through the discharge of neural network codes. Sentence is encoded as neural signals in our body as it is being read. If the neural networks in the human body are activated and created, the code in which the neural networks are encoded is a code composed of sentences. That is, Sentence is a code. And if the Sentence connects to the human body again and activates the human neural networks, it can be said that Sentence is encoded. At this time, the relation of "neural network codes = Sentence codes" is established. In other words, human narrative and literary narratives are the mediums that convey the same kinds of neural network codes. Cho Ji-Hoon's Poem "White Night" draws sadness through the path of loneliness in 1strophe. Through the Sentence of Loneliness, it activates neural network codes of sadness. 2strophe for the 'pure white snow' is the encoding of the Sentence. In 3strophe, the sentence for 'sadness' is encoded. This flow causes a healing mechanism in this Poem, because the neural network codes about the loneliness, sadness, and eyes of the human body are passed to the other. Here, the other is "White Night". In the future, it is expected that more effective healing results will be obtained if a literary therapy program on the encoding of the sentence of Cho Ji-Hoon's Poem is performed in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.59-98
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• 2013

Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

• International Commerce and Information Review
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• v.8 no.3
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• pp.299-321
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• 2006

The purpose of this study was to analyze export competitiveness of Korean auto parts and Chinese auto parts in U.S. market by using Index of Export Bias and Market Comparative Advantage Index. For attaining the purpose of study, we classified the auto parts which exported to U.S. market and the imported products by using the six units classification of the Harmonized System(HS). Analyzing period was 1998-2005. The analysis of Korean results of MCA indicated that the Korean auto parts which gained export competitiveness in the U.S. market were HS Code No. 8708.94, 8708.99, 8708.92. The products which will have export competitiveness in the U.S. market would be HS Code No. 8708.93, 8708.39, 8708.60 respectively. On the other hand, the results indicated that the Chinese auto parts which gained export competitiveness in the U.S. market were HS Code No. 8708.70, 8708.31, 8708.91, 8708.60, 8708.39. From this study, we find the following strategies for successful advancing into the U.S. and world market. i) Linking strategy through working cooperation with local auto firms, government and academic world. ii) Advance strategy of auto firm accompany by module working and system auto parts firm. iii) Retention strategy of large technical institution established by auto parts firms and taking cooperation of auto firms iv) Settlement strategy for having weaken competitive article and production field. v) Cost-cutting strategy through strengthening logistics cooperation system between auto parts firms and auto firms. vi) Active invitation strategy of foreign investment under quickly cooperating of government.

• Journal of Korean Society for Geospatial Information Science
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• v.22 no.1
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• pp.47-54
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• 2014

Precise Point Positioning (PPP) algorithms using GPS code pseudo-range measurements were developed and their accuracy was validated for the purpose of implementing them on a portable device. The group delay, relativistic effect, and satellite-antenna phase center offset models were applied as fundamental corrections for PPP. GPS satellite orbit and clock offsets were taken from the International GNSS Service official products which were interpolated using the best available algorithms. Tropospheric and ionospheric delays were obtained by applying mapping functions to the outputs from scientific GPS data processing software and Global Ionosphere Maps, respectively. When the developed algorithms were tested for four days of data, the horizontal and vertical positioning accuracies were 0.8-1.6 and 1.6-2.2 meters, respectively. This level of performance is comparable to that of Differential GPS, and further improvements and fine-tuning of this suite of PPP algorithms and its implementation at a portable device should be utilized in a variety of surveying and Location-Based Service applications.

• International Journal of Advanced Culture Technology
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• v.6 no.1
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• pp.42-49
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• 2018

In this study, we tried to reveal the state of stillness of Cho Ji-Hoon's poem "Silent Night 1" as a healing modifier. The language of poem is synaptically linked to the calmness emotion of the human body, seeking a principle that leads to a state of healing. Therefore, this study was carried out for the purpose of applying the principle to literary therapy program. The silent signal embedded in the poem is encoded into the signals of the sound as it is synapsed to the human body. Encoding of auditory nerves by poem lines is like a Morse code that word and word leave in the human body. The action potential of the auditory nerve is further activated by the potential difference between the word and the word represented by the neural network, such as a Morse code, which is accessed to the human body by such a path. There is worked as amplified potential difference between the words perceived by a sound which is synapsed to the human body and by a silence which is synapsed to the human body. The phenomenon of the words approaching the human body and setting the absence of sound and amplifying the sound is because the words amplifies the Morse codes in the human neural network. At this time, the signals overlap each other. Thereby this poem is increasing the amplitude of the sound. This overlapping of auditory signals appears and amplifies the catharsis. If this Cho Ji-Hoon Poem's principle is applied to literary therapy program in the future, more effective treatment will be done.

• Journal of the Korean Society of Systems Engineering
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• v.14 no.2
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• pp.73-82
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• 2018

In this work, a hardware based cryptographic module for the cyber security of nuclear power plant is developed using a system engineering approach. Nuclear power plants are isolated from the Internet, but as shown in the case of Iran, Man-in-the-middle attacks (MITM) could be a threat to the safety of the nuclear facilities. This FPGA-based module does not have an operating system and it provides protection as a firewall and mitigates the cyber threats. The encryption equipment consists of an encryption module, a decryption module, and interfaces for communication between modules and systems. The Advanced Encryption Standard (AES)-128, which is formally approved as top level by U.S. National Security Agency for cryptographic algorithms, is adopted. The development of the cyber security module is implemented in two main phases: reverse engineering and re-engineering. In the reverse engineering phase, the cyber security plan and system requirements are analyzed, and the AES algorithm is decomposed into functional units. In the re-engineering phase, we model the logical architecture using Vitech CORE9 software and simulate it with the Enhanced Functional Flow Block Diagram (EFFBD), which confirms the performance improvements of the hardware-based cryptographic module as compared to software based cryptography. Following this, the Hardware description language (HDL) code is developed and tested to verify the integrity of the code. Then, the developed code is implemented on the FPGA and connected to the personal computer through Recommended Standard (RS)-232 communication to perform validation of the developed component. For the future work, the developed FPGA based encryption equipment will be verified and validated in its expected operating environment by connecting it to the Advanced power reactor (APR)-1400 simulator.

• Journal of the Korean Society of Systems Engineering
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• v.16 no.2
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• pp.97-109
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• 2020

On March 11, 2011, an earthquake followed by a tsunami caused an extended station blackout (SBO) at the Fukushima Dai-ichi NPP Units. The accident was initiated by a total loss of both onsite and offsite electrical power resulting in the loss of the ultimate heat sink for several days, and a consequent core melt in some units where proper mitigation strategies could not be implemented in a timely fashion. To enhance the plant's coping capability, the Diverse and Flexible Strategies (FLEX) were proposed to append the Emergency Operation Procedures (EOPs) by relying on portable equipment as an additional line of defense. To assess the success window of FLEX strategies, all sources of uncertainties need to be considered, using a physics-based model or system code. This necessitates conducting a large number of simulations to reflect all potential variations in initial, boundary, and design conditions as well as thermophysical properties, empirical models, and scenario uncertainties. Alternatively, data-driven models may provide a fast tool to predict the success window of FLEX strategies given the underlying uncertainties. This paper explores the applicability of Artificial Intelligence (AI) to identify the success window of FLEX strategy for extended SBO. The developed model can be trained and validated using data produced by the lumped parameter thermal-hydraulic code, MARS-KS, as best estimate system code loosely coupled with Dakota for uncertainty quantification. A Systems Engineering (SE) approach is used to plan and manage the process of using AI to predict the success window of FLEX strategies under extended SBO conditions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.