• Journal of the Korean Chemical Society
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• v.45 no.4
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• pp.370-376
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• 2001

In this study, high school students' problem-solving strategy-performing ability was measured by an essay-type test. The relationship between students' logical thinking ability and strategy-performing ability was also investigated. Four classes (N=187) were selected from two high schools in Seoul, and the strategy performance ability test and the Group Assessment of Logical Thinking (GALT) were administered. Evaluation scheme for strategy-performing ability consists of 7 subcategories - understanding given of problems, recalling related law, setting up subgoals, deriving physical quantities, logical progress, mathematical execution, and reviewing. The intercoder agreement for scaling was .92, which indicated substantial strength of agreement. The results revealed that students' ability of understanding given of problems and mathematical execution was relatively high. However, their ability of setting up subgoals and reviewing was very low. The total scores of the strategy performance ability test and all of the scores of each subcategory were significantly correlated with the GALT scores.

• (The)Study of the Eastern Classic
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• no.36
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• pp.301-332
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• 2009

The 16 century Yulgok had lived have been evaluated as the golden age of Seonglihak(性理學) in Korea. However, on the contrary, excessively desperate was the real social and political situation which Yulgok had descirbed. Therefore, eventhhough the Seonglihak centered-reseach is meaningful, this research had the limitation in analyzing the politics in those times. In studying Yulgok's thought, the established researches had focused on philosophic theory centered-orientation. However escaping from that orientation, in this essay I try to restructure Yulgok's enlivened political experience that he had worldly seen, felt, heard and performed in 16th's real politics. While the established researches had absorbed in Kyeonghak(經學, the interpretaion of Confucian Cannon), I try to restore Kyeongse(經世, governing and managing the state) based on Yulgok's worldly political experience. The major concept on which I have focused is Pye(弊, the abnoxious custiom in political and official sphere). Yulgok's offical life had begun with the problematic of how to overcome Pye inherited by Kwongan(權奸, a politically villainous retainer). In the process, he had focused on the worldly performable issue, Minsaeng(民生, the livelihood of the people), not on the abstract and theoritical concept, Min(民, the people). He recognized the cause of desperate situation had resulted from Pyebeob(弊法, the obnoxious law, its system and its execution), and tried to reform Pyebeob in the various way. The next concern of Yulgok came to Pyejeong(弊政, the obnoxious politics, its system and its execution), which interrupted not to reform Pyebeob. According to Yulgok, Pyejeong resulted from the wrong fulfilment of official-scholar elite in government, and the distorted public opinion in governemt. This fact demonstrates two elements mentioned above had common root of the absence of communication of public opinion. Yulgok recognized the importance of Ui(議, the discussion) than of Ron(論, the dabate) and then reviving Ui, Yulgok had tried to arrange the foundation for the communication of public opinion in political sphere.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.239-274
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• 2010

Advance directive refers to a description of the treatment method a patient wants to be provided with in case where the person is unconscious or lacks an ability to decision making in a future period or a declaration of intention that delegates and appoints another person who makes a decision regarding a treatment method on behalf of the person. Advance directive is usually a document form, but oral statement is acceptable as well. Advance directive may have a variety of forms though, it basically consists of two basic forms. That is, one is a living will, and the other is a surrogate decision making. Though the importance of advance directive has been emphasized, and the necessity of adopting the system has been strongly argued for so far, the debates on criteria, method, and procedure alike have not yet reached an agreement. It is because even the concept of advance directive is more or less ambiguous, and each specific method has its own theoretical limitations and practical constraints. Thus the inquiries on advance directive raised in the study are summarized as the meaning, practicability, and philosophical foundation of the advance directive. Firstly, the theoretical limitations of Advance directive may be categorized into conceptual and moral limitations. In case of conceptual limitations, authors of advance directives may not be well aware, in advance, of the particular situation in which he or her will experience in the future, and patients may experience the change in his or her values and lack the understanding and information about the future situation due to the changes in treatment methods. In case of moral limitations, a patient has a limited moral autonomy right and self identity that have an impact on his or her preference. Secondly, in case of practical constraints for advance directive, there exist cultural features, low ratio of documentation, as patients themselves admit, and low predictability and stability of patient's own preference regarding life-sustaining care. And the problem of validity and accuracy in proxy's decision making is also raised. Those who administer a living will, especially, may have a difficulty in understanding the directive by a patient, so that the accuracy of execution cannot be secured. In the sense, it is needed to implement a legal device in order to solve such problems. In summary, it is urgently required to understand the limitations and explore desired alternatives to overcome the relevant problems in advance, which must contribute to successfully adopting and effectively operating the advance directive system in Korea.

• Korean Security Journal
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• no.2
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• pp.99-123
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• 1999

Internet related crimes are a crime which is inter-related with high specialization ${\cdot}$ technicality ${\cdot}$ leakage of information ${\cdot}$ intellectual-offence and deviant behavior. Without the accurate countermeasure, we can't achieve the desired end. So we should find out multilateral and general measure. Always crimes go in advance of the measure, so the counter measures against, computer crime can not be final. Nevertheless, we can't be careless in making the measure, but we should always consider a counter measure. 1995. 12. 29. our country revised criminal law and consolidated direct provisions, especially on the computer-hacking. But, inspite of the revision, especially on the computer-hacking. But, inspite of the revision, we have many problems'. So, first of all, through the positive and empirical study, we should revise criminal law and computer crime related provisions systematically. As the aspects and techniques of internet related crimes are always changing with the development of computer technology, there will be many problems with principle of legality, when we apply the existing abstract provisions to the new crime. We can not be lazy in studying the emerging internet related crimes and taking concrete shape of the provision. And it will be a big help to that desirable to import the foreign provision without consideration of our reality. Without the positive and empirical study on internet related crimes, sometimes important crime will be out of reach of the punishment. Due to these day's development of computer and technology of communication, the personal computers are widely supplied and especially PC communication and exchange of the informations became the most important function. With the advent of internet, new aspects of crimes are appearing. Up to now, the fraud by using the computer or the interference in the execution of duty by the illegal operation of computer was the leading aspects of computer crime, but nowadays with the advent of internet, database crime or network crime like the computer hacking became the important aspects of internet related crimes. These new aspects of internet related crimes are defusing into domains of traditional crimes. Nevertheless to follow and punish the acts on the internet is not technically easy, and as it is emerging international shape, to settle it by international law is not that easy. Harmful acts in the information-oriented society are very diverse in kinds and aspects, and it is difficult to enumerate. The point is that among the new acts in the information-oriented society we should decide which acts are to be punished and which acts are not to be punished. It is needless to say that the criminal law should be the last resort. But owing to the characters of the characteristics of the information-oriented society, when the traditional standards can be applied, the question of what is the basis and how it can be applied in a concrete way is not settled. And if it cannot be applied, how can we make new standard is also an unsettled question.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.89-121
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• 2015

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

• Journal of the Korean Society of Marine Environment & Safety
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• v.13 no.4
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• pp.27-35
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• 2007

In order to take measures for solving conflicts between the relevant Ministries of Korean government such as MOMAF(Ministry of Maritime Affairs and Fisheries) and MAF(Ministry of Agriculture and Forestry) and the relevant industry circles such as KSA(Korea Swine Association) and KODA(Korea Ocean Dumping Association) regarding the prohibition of ocean dumping of livestock excreta wastes from land, the present conditions of marine disposal of livestock excreta wastes and the standpoints of MOMAF, MAF, KSA and KODA were reviewed in Korea. As measures for solving the conflicts, the followings were proposed; A prior examination into the possibility of the treatment and/or disposal on shore for the total amount of livestock excreta wastes in Korea, measures for solving civil appeals against the problems arising from the treatment and/or disposal on shore of livestock excreta wastes, a prior examination into the possibility of the execution of the amendments to the relevant rules and regulations of Korean marine pollution prevention law for the prohibition of ocean dumping of livestock excreta wastes, measures for supporting the relevant industry circles such as KSA and KODA which were expected to suffer from the prohibition of ocean dumping, and an overall review of the national system for ocean dumping of terrestrial wastes in nationwide level.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.117-138
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• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.

• The Journal of Korean Philosophical History
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• no.35
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• pp.361-384
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• 2012

In this study, I considered an important characteristic of system in pre-Qin philosophy that accomplished all categories with the best value. I pointed out misreading that thinkers separated fazhi-theory from shu zhi- theory of Hanfeizi. So I analyzed argument causes of Hanfeizi's shuzhi-theory through epistemology, ethics, military theory. And I proved that understanding the actual conditions and essences of things assured the objective bases on a reward and punishment. There are three things about argument bases of Hanfeizi's shuzi-theory. First, the epistemology that analyzes the actuality of a thing and that endows a duty matching the natural character of a thing. Second, ethics that isn't restricted by a fixed form and is in harmony with a law and that reveals a selfish character freely. Third, military theory, that is a trick that analyzes the quality of a case and a thing accurately. Above the three show that there are an objective basis of reward and punishment and an fair execution about a law in Hanfeizi's shuzhi-theory.

• Journal of the Korean Institute of Rural Architecture
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• v.25 no.1
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• pp.1-8
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• 2023

This is a case study of private sector's development of long-term unexecuted urban parks in Pohang through a special act, which provides a guideline of 30% of land for non-park while 70% of land for park. The strategy has a lot of validity in many respects along with the urban planning sunset system, but even with the special act it would not easy to be implemented in Pohang, where the guideline has been modified to 20% for non-park, mostly multi-family housing projects while 80% for park. Thus, participation of private companies would be discouraged due to low commercial validity. Also, there would exist various risks because the project would be completed through a long-term decision-making and execution process. Thus, this study argues that it would be better for Pohang to follow the original guideline of the government for better implementation of the projects, along with preparation of a law with which the government be able to recoup excess profits when too much profits would be given to private developers. For the project implemented smoothly, it is also important to understand local housing market and fluctuating economic conditions, and to prepare various incentives for private companies. In addition, to secure publicity, guidelines on the level of publicity of the project should be prepared through negotiation by parties to prevent the project being discouraged too much.