• Title/Summary/Keyword: Norm

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The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

The Characteristics of 'Podeok (布德 Spreading Virtue)' in Daesoon Jinrihoe (대순진리회의 '포덕'개념의 특징)

  • Lee, Bong-ho;Park, Yong-cheol
    • Journal of the Daesoon Academy of Sciences
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    • v.32
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    • pp.77-108
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    • 2019
  • The purpose of this paper is to clarify the characteristics of 'Podeok' in Daesoon Jinrihoe. The term Podeok can cause some misunderstanding as the same word Deok (德 virtue) has long been used in the Eastern Tradition. In other words, for most people who are used to traditional thought, Podeok may be conflated with the similar word 'Deok (virtue)' as used within Confucianism. People who are familiar with Confucian culture might thereby misunderstand the term Podeok as an aspect of Confucian moral ethics, or they could misconstrue Daesoon Jinrihoe as having appropriated and misused Confucian ideas. Furthermore, there are other problems that could arise if people compare Daesoon Jinrihoe's 'Podeok' with 'Deok (virtue)' as used by Laozi. While Deok in Laozi's usage represents the ability of an individual who can exercise his or her rationality with excellence, Deok in Daesoon Jinrihoe indicates the idea of actualizing Mutual Beneficence and the conditions that enable Mutual Beneficence. If one understands Deok as used by Laozi to contain the meaning of Mutual Beneficence, then it is possible to think that the two tradition share a similar meaning of Deok as Podeok in Daesoon Jinrihoe pursues Mutual Beneficence as its ultimate value. In order to preemptively correct these misunderstandings, I need to clarify how the idea of Deok was born out of traditional thought and what meanings it embodies. Additionally, it is necessary to examine how it became meaningful in Confucianism, and how it was criticized and ascribed new meanings in Laozi's thought. Through these clarification, it will become clear that Deok originally indicated a religious ritual that the king of the Zhou Dynasty performed after receiving the heavenly mandate and assuming rule over the nation. Later, this idea was transformed into a moral virtue and norm by Confucius. This moral virtue and norm was criticized by Laozi as an unnatural form of control as it was understood by Laozi as a teleological argument justifying whether or not lives were to be saved or sustained based on the perceived merits of each individual. On the contrary, Deok in Daesoon Jinrihoe and traditional thought stand on a totally different theological bases. Deok in Daesoon Jinrihoe is a means to practice and realize the truth of the earthly paradise of the Later World and the truth of Mutual Beneficence which were posited to the world through Kang Jeungsan's Works of Haewon (grievance resolution) that resolved the pattern of mutual conflict that characterized the Former World. Therefore, the idea of Podeok in Daesoon Jinrihoe gains completion only on the premises of Haewon Sangsaeng (resolution of grievances for mutual beneficence) and Boeun Sangsaeng (reciprocation of favors for mutual beneficence), and the way to practice Podeok is to practice Haewon Sangsaeng and Boeun Sangsaeng. In addition, the subordinate virtues such as loyalty, filial piety, and faithfulness that exist within Daesoon Jinrihoe's religious practice are not same as those of traditional thought. They are new concepts of virtues drawn from the cosmological laws of Daesoon Jinrihoe. To be specific, the virtues of Daesoon Jinrihoe are not rules that create discrimination and mutual conflict, but are instead ethical rules established upon the basis of Heaven and Earth having been newly organized, and thus, they will bring virtuous concordance, harmonious union, and mutual beneficence. The idea of 'Podeok' in Daesoon Jinrihoe can be understood as a religious practice that requires doctrinal understanding and tangible practice in daily life of followers. In other words, it is not the same Deok of earlier traditional thought in East Asia, but is instead a religious truth by which practitioners realize the truth of Sangje's Works of Haewon in human world as they practice Haewon Sangsaeng and Boeun Sangsaeng.

Comparison of Executive function in Children with ADHD, Asperger's Disorder, and Learning Disorder (주의력결핍과잉행동 장애, 아스퍼거 장애, 학습 장애 아동의 실행기능 비교)

  • Shin Min-Sup;Kim Hyun-Mi;On Shine-Geal;Hwang Jun-Won;Kim Boong-Nyun;Cho Soo-Churl
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.17 no.2
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    • pp.131-140
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    • 2006
  • Objectives : This study was conducted to investigate the deficits of executive function in children with ADHD, Asperger's Disorder(AD), and teaming disorder (LD), and to identify the differential characteristics of executive function deficits among three groups. Methods : The clinical group consisted of 46 children between the ages of 7 and 15 (16 ADHD, 16 LD, 14 AD). Neuropsychological tests for measuring cognitive function, attention and executive function were individually administered to children, and their performance scores were calculated based on the age norm for each test. Results : There was no significant difference in FSIQ, VIQ, and PIQ among the three groups. However, the AD group tended to show higher scores on the subtests of Information, Vocabulary and Digit Span, and lower score on Comprehension subtest than the ADHD and LD groups, while the LD group tended to show the lowest scores on the Information and Vocabulary subtests. On ADS, the ADHD group showed the highest omission and commission errors. All groups showed poor performances belonging to below 25 percentile ranks on executive function tests when compared to the age norms of normative group. The number of completed category on WCST was the smallest in the ADHD group, while the working memory score was the lowest in the LD group. Conclusion : These results suggest that ADHD, LD, and AD children have executive function deficit in common. However, the specific deficit areas in executive function are different for each group.

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A Study on the Application Scope of Most-Favored Nation Treatment in the FTA Investment Provisions Based on the Arbitral Award Cases (FTA투자규정에 있어서 최혜국대우 조항의 적용범위에 관한 중재판정 사례연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.109-131
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    • 2010
  • Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

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Level Set based Topological Shape Optimization of Phononic Crystals (음향결정 구조의 레벨셋 기반 위상 및 형상 최적설계)

  • Kim, Min-Geun;Hashimoto, Hiroshi;Abe, Kazuhisa;Cho, Seonho
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.25 no.6
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    • pp.549-558
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    • 2012
  • A topology optimization method for phononic crystals is developed for the design of sound barriers, using the level set approach. Given a frequency and an incident wave to the phononic crystals, an optimal shape of periodic inclusions is found by minimizing the norm of transmittance. In a sound field including scattering bodies, an acoustic wave can be refracted on the obstacle boundaries, which enables to control acoustic performance by taking the shape of inclusions as the design variables. In this research, we consider a layered structure which is composed of inclusions arranged periodically in horizontal direction while finite inclusions are distributed in vertical direction. Due to the periodicity of inclusions, a unit cell can be considered to analyze the wave propagation together with proper boundary conditions which are imposed on the left and right edges of the unit cell using the Bloch theorem. The boundary conditions for the lower and the upper boundaries of unit cell are described by impedance matrices, which represent the transmission of waves between the layered structure and the semi-infinite external media. A level set method is employed to describe the topology and the shape of inclusions. In the level set method, the initial domain is kept fixed and its boundary is represented by an implicit moving boundary embedded in the level set function, which facilitates to handle complicated topological shape changes. Through several numerical examples, the applicability of the proposed method is demonstrated.

A Study on Improving the Evaluation Standard for the Law School : Focusing on the Evaluation Clauses of Law School Library (법학전문대학원 평가기준 개선에 관한 연구 - 법학전문도서관 평가조항을 중심으로 -)

  • Chung, Jae-Young
    • Journal of Korean Library and Information Science Society
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    • v.44 no.1
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    • pp.123-142
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    • 2013
  • The evaluation of the law schools, which had been launched for the purpose of training the lawyers to settle the legal disputes professionally and effectively, had been done on paper and on site from September through October 2012. Based on not only the basic materials for the evaluation such as evaluation standard, manual, and questionnaire but also the problems revealed during the evaluation, this study intended to show the problems of the evaluation clauses of the law school library which is the basis for the professionalism and diversity of law education and suggest the remedies for them. This study shows that the evaluation clauses need to be made considering the scale of each law school rather than suggesting the same quantitative standard in every law school and to be more specific rather than abstract. Especially, to manage the law school library efficiently from now on, it is necessary to plan and practice the idea of developing such as the specialization and to prepare the idea of operating the law school library through the law school members. Additionally, it is desirable that the chapter of the library exists separately and the library facilities are evaluated together with the other school facilities. Lastly, it is necessary to suggest the appropriate model as the norm to each school according to the school scale.

Trust Building of Buyers who perceive Quality Risk High in Online Used Car Transactions: A Dyadic Trust Relationship (온라인 중고차 거래에서 품질위험을 높게 지각한 구매자의 신뢰형성: 구매자와 대리인 양자간 신뢰)

  • Lee, Seung-chang
    • Journal of Distribution Science
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    • v.7 no.3
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    • pp.49-69
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    • 2009
  • With the proliferation of electronic commerce, online transactions have become a norm. Its enormous potential, however, can be truly realized if consumers feel comfortable facing invisible sellers over the Internet, a virtual business channel. Trust has been identified as a key component in many e-Commerce studies. The purpose of this study is to find out which factors play a major role in building buyer trust and how the build-up trust affects buyer's purchase intention in online used car transactions. Based on the information asymmetry, TAM (Technology Acceptance Model), and the trust theory, our research model includes factors such as a buyer's propensity-to-trust, institutional characteristics (inspection and warranty policy), word-of-mouth referral, perceived size, and perceived benefits as independent variables. The model also includes trust as a mediate variable, purchase intention as a dependent variable, and perceived quality risk as a moderate variable. The research model is tested by analyzing 448 sample data gathered from used car websites. The result shows that the trust has significant effects on the online purchase intention, and institutional characteristics have been identified as one of the most significant factors for trust building in used car websites. For those who perceive quality risk high, actual purchasing behavior occurs only when they have trust on the used car websites, indicating that trust plays a vital role as a mediate variable. This study suggests that buyer trust on the used car websites is important to increase buyer's online purchase behavior.

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'Belief' and Epistemic acceptance ('믿음'과 인식적 수용)

  • Lee, Joohan
    • Korean Journal of Logic
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    • v.20 no.2
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    • pp.197-239
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    • 2017
  • The ordinary term 'believe' is polysemous and thus its meaning varies depending on contexts. Little attention, however, has been paid to its context sensitivity in philosophical discussions, and thereby unnecessary problems tend to be brought about in philosophy. This article explores the different meanings of the term 'believe' to serve as a steppingstone to the solving or dissolving of those problems. To begin, it discusses two different mental attitudes 'believe' stands for, i.e., belief as an involuntary mental disposition and pragmatic acceptance as a mental action, and then suggests and explicates another mental action 'believe' referes to, which I call 'epistemic acceptance'. It will be revealed that epistemic acceptance is a secondary mental action which is performed in a context where epistemic reason and non-epistemic reason compete each other. Then, attention is given to several questions concerning epistemic acceptance and answers to them are provided. The issue of whether epistemic acceptance is analyzable and of the relation between epistemic acceptance and judgment will be addressed in the course of answering them. Finally, a brief prospect is put forward that distinction of different mental attitudes 'believe' stands for will bring a new perspective to solve some philosophical problems, especially, with regard to the issue of the nature of epistemic norm.

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Treatment effect of face mask therapy for Class III malocclusion patients according to low facial morphology (성장기 골격성 III급 부정교합 환자의 상악골 전방 견인 시 하안모 형태에 따른 치료 효과 비교)

  • Cha, Kyung-Suk
    • The korean journal of orthodontics
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    • v.37 no.4
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    • pp.245-259
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    • 2007
  • Improvements in jaw relationship through clockwise rotation of the mandible may be desirable in some Class III patients with short low facial height. The aim of this study was to examine the treatment effect of face mask for Class III malocclusion patients according to their low facial morphology. Methods: Class III patients in their pubertal growth period were divided into two groups (Group 1, high LFH; Group 2, low LFH) according to lower facial height (LFH) by Ricketts (norm, 47). treatment changes between groups after face mask treatment was compared not only for hard tissue but also for soft tissue. Results: There were no significant differences between the two groups for the skeletal and soft tissues of the maxilla. There were no significant differences between the two groups for the skeletal posterior movement of the mandible, but posterior movement of the mandibular soft tissues in group 2 was larger than group 1. There were no significant differences between the two groups for the vertical hard tissue proportion changes of the mandible, but the vertical soft tissue proportion changes of the mandible in group 2 was larger than group 1. There was a significant correlation between the sagittal hard tissue and soft tissue changes of the maxilla and mandible, but there was no significant difference in the vertical changes. Conclusion: The clockwise rotation of the mandible occurred from use of the face mask, and posterior movement of soft tissues of the mandible was higher in Cl III patients with low LFH than with high LFH.

A Transaction Cost Approach to Analysis on Determinants of Korean SMEs' Transformation into Direct Export (거래비용이론을 이용한 중소기업의 직접수출 전환 결정요인 분석)

  • HA, Sungheun;Jeong, Yoon-Say;Park, Hyun-Hee
    • International Commerce and Information Review
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    • v.18 no.3
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    • pp.181-201
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    • 2016
  • In this study, transaction cost approach was applied to analysis on direct export determinants of SMEs by using key attributes of transactions, asset specificity, environmental uncertainty, frequency and marketing capability, with a parameter of opportunism. Typical Transaction Cost Analysis theory explains that when transaction cost with business channels(whether it is for buy or sell) increase, the firms integrate the channels. So it is a choice made by firms regarding direct versus indirect channels. The theory was extended to a model of choice of institutional form of direct or indirect export by a norm of opportunism in this empirical study. The survey result showed that lower level of asset specificity and marketing capability or higher level of environmental uncertainty were likely to expose indirect exporters to higher level of opportunism of direct exporter. And we also saw that indirect exporters were likely to choose direct export chanel when opportunism of exporters was higher. From the standpoint of theory, we can say that the basic propositions of the Transaction Cost Analysis, except the attribute of frequency, are supported. This study result could provide a profiling of target business areas and firms for government's policy on direct export promotion of SMEs.

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