• Title/Summary/Keyword: Joint property

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A Study on the Organization and Operation of the Inter-Korean Commercial Arbitration Committee in Gaeseong Complex (개성공단에서의 남북상사중재위원회 구성.운영에 관한 연구)

  • Kim, Kwang-Soo
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.3-31
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    • 2014
  • As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

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Evaluation of Interlayer Shear Properties and Bonding Strengths of a Stress-Absorbing Membrane Interlayer and Development of a Predictive Model for Fracture Energy (덧씌우기 응력흡수층에 대한 전단, 부착강도 평가 및 파괴에너지 예측모델 개발)

  • Kim, Dowan;Mun, Sungho;Kwon, Ohsun;Moon, Kihoon
    • International Journal of Highway Engineering
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    • v.20 no.1
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    • pp.87-95
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    • 2018
  • PURPOSES : A geo-grid pavement, e.g., a stress-absorbing membrane interlayer (SAMI), can be applied to an asphalt-overlay method on the existing surface-pavement layer for pavement maintenance related to reflection cracking. Reflection cracking can occur when a crack in the existing surface layer influences the overlay pavement. It can reduce the pavement life cycle and adversely affect traffic safety. Moreover, a failed overlay can reduce the economic value. In this regard, the objective of this study is to evaluate the bonding properties between the rigid pavement and a SAMI by using the direct shear test and the pull-off test. The predicted fractural energy functions with the shear stress were determined from a numerical analysis of the moving average method and the polynomial regression method. METHODS : In this research, the shear and pull-off tests were performed to evaluate the properties of mixtures constructed using no interlayer, a tack-coat, and SAMI with fabric and without fabric. The lower mixture parts (describing the existing pavement) were mixed using the 25-40-8 joint cement-concrete standard. The overlay layer was constructed especially using polymer-modified stone mastic asphalt (SMA) pavement. It was composed of an SMA aggregate gradation and applied as the modified agent. The sixth polynomial regression equation and the general moving average method were utilized to estimate the interlayer shear strength. These numerical analysis methods were also used to determine the predictive models for estimating the fracture energy. RESULTS : From the direct shear test and the pull-off test results, the mixture bonded using the tack-coat (applied as the interlayer between the overlay layer and the jointed cement concrete) had the strongest shear resistance and bonding strength. In contrast, the SAMI pavement without fiber has a strong need for fractural energy at failure. CONCLUSIONS : The effects of site-reflection cracking can be determined using the same tests on cored specimens. Further, an empirical-mechanical finite-element method (FEM) must be done to understand the appropriate SAMI application. In this regard, the FEM application analy pavement-design analysis using thesis and bonding property tests using cored specimens from public roads will be conducted in further research.

Framework for Technology Valuation of Early Stage Technologies (초기단계 기술의 가치평가 방법론 적용 프레임워크)

  • Park, Hyun-Woo;Lee, Jong-Taik
    • Journal of Korea Technology Innovation Society
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    • v.15 no.2
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    • pp.242-261
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    • 2012
  • Early stages of technology valuation have been often overlooked or under-represented. The early stage technologies are even riskier due to their inadequacy of commercial development and market applicability. More than 95% of patents fail to earn any revenues so that the majority of patents were valueless. Technology transfers from laboratories at universities and research institutes to industrial firms have increased to acquire value from invented technologies. Technology transfer, a process of transferring discoveries and innovations resulted from research to commercial sectors, typically comprises several steps: disclosing the discoveries and innovations, i.e., intellectual property (IP), evaluating the IP's economic prospects, securing a patent, copyright or trademark for the IP, commercializing the technology through licensing, forming a joint venture, or selling. At each of those stages in the research and development of technology, the value of technology would play a very important role of making decision on the movement toward the next step, however, the financial value of technology is not easy to determine due to a great amount of uncertainty in the course of research and development, and commercialization. This paper refers to technology embodied as devices, equipment, software or processes primarily developed at public research institutions such as universities. Sometimes it is also as the result of externally financed projects contracted with industry. Nearly always technology developed at public research entities results in laboratory prototypes. When it is required to define the technology transfer contract terms for the license of the university patrimonial rights to external funding companies or other interested parties, a question arises: what is the monetary value? In this paper, we present a method for technology valuation based on the identification of specific value points related to its development. The final technology value must be within previously defined value limits. This paper consists of the review of issues related to technology transfer and commercialization, the identification of characteristics of technologies in the early stage of technology development, the formulation of framework of methods to value the early stage technologies, and the conclusion and implication of the previous review.

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The comparative study between Korea's S&T security provision and China's (중국의 과학기술보안규정과 대한민국 국가연구개발사업 연구보안제도 정책과의 비교 연구)

  • Kang, Sun Joon;Won, Yoo Hyung;Kim, Min Ji
    • Journal of Korea Technology Innovation Society
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    • v.21 no.2
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    • pp.875-905
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    • 2018
  • Recently China's science and technology development is accelerating, and some technologies have the world's best technology. With the rapid development of science and technology, China has been deeply aware of the importance of science and technology, and many efforts are being made to legislate security regulations to protect their technologies. Korea and other countries are also interested in research security, and research and development cooperation with China is also on the rise. In this paper, we derived some implications by comparing and analyzing China's science and technology security regulation and Korea's national R&D project management regulations. China is also enacting science and technology security regulations as a subordinate to the laws and regulations of science and technology. However, it should be reflected in future legislation that the difference from Korea is composed of separate independent regulations. In particular, the fact that the science and technology security regulations have been enacted separately may be a hint that can be reflected in the nation's future legislation processes. In this paper, major contents of the science and technology security regulations, points to division of knowledge property into scientific and technological cooperation or security tasks, designation of regulations on the characteristics of research security guidelines, and operation of individual national security agencies In addition, in the event that the contents of the related statutes, confidentiality provisions, and import and import control are recorded in this paper, and the results of the joint R&D project are not utilized, or the technology transfer is not carried out.

Proposal's analysis of major fishing countries and Countermeasures under WTO/DDA (각국 제안서에 따른 WTO/DDA 수산보조금 대응 방안)

  • Lee, Kwang-Nam;Seo, Byung-Kwi
    • Journal of Fisheries and Marine Sciences Education
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    • v.17 no.3
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    • pp.324-339
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    • 2005
  • The WTO/DDA Negotiation on the Fisheries Subsidies started by DDA(Doha Development Agenda : 2001.11)at early 2002 has been held about 20 times until the fist half of 2005. The Negotiation will be terminated until the end of 2005 but now, it is impossible to predict the exact conclusion of the Negotiation. There is a sharp conflict of opinion on the WTO/DDA Negotiation on the Fisheries Subsidies between FFG(Fish Friends Groups : USA, New Zealand etc) and Anti-FFG(Rep. Korea, Japan etc). The Fisheries Subsidies is regulated by the WTO/DDA Negotiation that regulates on the subsidies of industrial products, fisheries products, forest products. Considering the progress of the WTO/DDA Negotiation on the Fisheries Subsidies, Guidelines for the Fisheries Subsidies Negotiation were established in Doha Ministerial Declaration at 2001 and a necessity of a special regulation on the Fisheries Subsidies has been discussed from 2002 to 2004. After june, 2004, the Negotiation was proceeding as Rep. Korea, Japan and Taiwan agreed with discussing a special regulation on the Fisheries Subsidies and At 1st, August, 2004, they reached an agreement on a necessity of a special regulation on the Fisheries Subsidies. At Feb, 2005, discussion was suspended because of presenting the joint proposal from 3 countries(Rep. Korea, Japan and Taiwan) and now discussion on the Fisheries Subsidies is giving the first consideration to classification of prohibited/non-actionable subsidies, S&D of a developing countries, small fisheries, problems of farming, grace period etc. From now on, Considering the 18th~the 20th negotiations, it is expected that discussion of fisheries subsidies regulation including property and range of prohibited/non-actionable subsidies, S&D of a developing countries, a definition of small fisheries is accelerated. In this point of view, this paper analyzed and arranged every country's proposals holding our own position and took a survey to fishermen and fisheries experts about prohibited/non-actionable subsidies. In addition, this paper intends to suggest the way of future-negotiation and provides essential data to help government's policy making through analyzing prohibited/ non-actionable subsidies, farming subsidies, S&D of a developing countries, small scale fisheries.

Joint Routing, Scheduling, and Power Control for Wireless Sensor Networks with RF Energy Transfer Considering Fairness (무선 에너지 전송 센서망에서의 공평성을 고려한 라우팅, 스케줄링, 전력 제어)

  • Moon, Seokjae;Roh, Hee-Tae;Lee, Jang-Won
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.41 no.2
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    • pp.206-214
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    • 2016
  • Recently, radio frequency energy transfer (RFET) attracts more and more interests for powering sensor nodes in the wireless sensor network (WSN). In the conventional WSN, reducing energy consumption of sensor nodes is of primary importance. On the contrary, in the WSN with RFET, reducing energy consumption is not an important issue. However, in the WSN with RFET, the energy harvesting rate of each sensor node depends on its location, which causes the unbalanced available energy among sensor nodes. Hence, to improve the performance of the WSN with RFET, it is important to develop network protocols considering this property. In this paper, we study this issue with jointly considering routing, scheduling, and power control in the WSN with RFET. In addition, we study this issue with considering two different objectives: 'Max-min' with which we tries to maximize the performance of a sensor node having the minimum performance and 'Max-min fairness' with which we tries to achieve max-min fairness among sensor nodes. We show that our solutions can improve network performance significantly and we also discuss the differences between 'Max-min' and 'Max-min fairness'.

Experimental Study for Earthquake and Subsidence-resistant Performance Evaluation of iPVC Buried Water Pipe (iPVC 매립 상수도관의 내진 성능 및 내침하 성능 평가를 위한 시험적 연구)

  • Jeon, Bub-Gyu;Chang, Sung-Jin;Kim, Jae-Bong;Ju, Bu-Seog
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.24 no.1
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    • pp.16-23
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    • 2020
  • Water pipes are important facilities and consist of pipes of various specifications and materials. The annual average number of earthquakes in Korea is steadily increasing. Therefore, in case of the water pipe, it is estimated necessary to prepare for earthquakes. Damages to the water pipe by the earthquake can cause problems such as water supply and fire suppression, and cause damage to life and property. In Korea, however, it is difficult to find examples of seismic performance evaluation of water pipes based on experimental study. Damage to the water pipes by the earthquake is caused by the displacement-controlled behavior of the ground which is the liquifaction and fault lines. Especially, The damage to the water pipes by the earthquake is concentrated on the joint of the pipe. In particular, piping less than 200mm in diameter was found to be dangerous. Thus, in this study, the seismic and settlement performance of iPVC buried water pipes with fixed joints with a clamp of 150mm was evaluated with a test approach.

A Study on the Integrated Management for Multi-Family Housing Security Guard and General Security Guard (공동주택경비원과 일반경비원의 통합관리에 관한 연구)

  • Lee, Sang Hun
    • Korean Security Journal
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    • no.57
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    • pp.27-55
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    • 2018
  • The problem is that even though the cost of apartment buildings and general expenses are the same and similar tasks, there is a significant gap between them in quantity and quality. The apartment security guard needs more professional management in education and various reporting obligations. In particular, the reality of being away from the management and supervision of the National Police Agency, which is in charge of crime prevention and policing resources throughout the nation, is a task that needs to be improved quickly. Although the "security service" is a specialized area for protecting the lives and property of the people, it is managed and operated only in the category of apartment management, just because it is under the jurisdiction of the Ministry of Land, Infrastructure and Transport. This should be integrated into one cost-related law, such as the "Cost Business Act," for management and operation. Although the regulations concerning security guards under the "Joint Housing Management Act" are very limited, they should start discussing the integrated management of apartment security guards and general security guards in view of improvement of their treatment. The most realistic method would be to hire a new general security officer with a security law as a security guard in an apartment building.

A Case Study on the Conservation and Value Improvement of Korean Geological Heritage (우리나라 지질유산의 보존과 가치 증진을 위한 사례 연구)

  • Lim, Jong-deock
    • Korean Journal of Heritage: History & Science
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    • v.46 no.2
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    • pp.114-135
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    • 2013
  • Among the UNESCO World Heritage Sites, the proportion of natural heritage to cultural heritage is relatively small. In 2007, the "Jeju Volcanic Island and Larva Tubes" was the first one that was designated as an UNESCO World Natural Heritage Site in Korea. The growing Korean geological heritage condition and conservation case studies on management of the geological heritage were examined in this study. Furthermore, the purpose of this study is to show future driving strategy for conservation and improvement plan on our geological heritage. Natural Monuments as a state-designated natural property and Geoparks as a new application system for geological heritage are important to conserve our geological heritage. Public engagement through establishment of visitor centers is definitely needed to improve education and promotion. The study includes field investigation for the "Wadden Sea", an World Natural Heritage Site for a mud flat, interviews with staffs and experts who are responsible for investigating and managing the site. Three factors can likely be attributed to its successful management and conservation policy for the "Wadden Sea". First of all, there is an operation for integrated management system and joint secretariat for research and monitoring. Next, researchers invigorate the visitor centers for promotion and education on geological heritage. Finally, experts and staffs implement various research topics and projects based on a long-range plan. The study was carried out to evaluate the present condition of our geological heritage and to make a proposal as a policy to improve value and conserve them. In conclusion, this study provided future discussion that may help researchers to make a decision on long-term policies for the geological subject of Korean natural heritage.

Analysis of golf swing motion for specific properties of club shaft (클럽 샤프트(Club Shaft) 특성에 따른 골프 스윙(Golf Swing)동작 분석)

  • Kim, Sung-Il;Kim, Ky-Hyoung;Kim, Hyung-Soo;Lee, Hyun-Seob;Kim, Jin-Uk;Ahn, Chan-Gyu;Kim, Hee-Jin
    • Korean Journal of Applied Biomechanics
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    • v.12 no.2
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    • pp.17-32
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    • 2002
  • The purpose of this study was to find the rational method to analyze golf swing with specific property of club shaft. Three subjects were filmed by two high speed digital cameras with 500 fps. The phase analyzed was downswing of each subject. The three-dimensional coordinates of the anatomical landmarks were obtained with motion analysis system Kwon3d 3.0 version and smoothed by lowpass digital filter with cutoff frequency 6Hz. From these data, kinematic and kinetic variables were calculated using Matlab(ver 5.0) The variables for this study were angular velocity and accelerations, which were calculated and following conclusions have been made : 1) Golf swing time of stiff club is faster than that of regular club. 2) In shoulder joint motion of swing with the stiff club, x-stiff showed mort rapid negative acceleration than that of regular club. 3) In regular club, the velocity of club head would be more effective velocity, which was increasing, than those of other clubs before impact. 4) In wrist joint motion of swing with stiff club, x-stiff club showed faster than regular club in the downswing and impact more rapid negative acceleration.