• Journal of Arbitration Studies
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• v.14 no.1
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• pp.273-314
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• 2004

There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

• Korean Journal of Soil Science and Fertilizer
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• v.43 no.1
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• pp.75-82
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• 2010

Indoor cultivation plots for watermelon plant mostly have salt-accumulation problem because of continuous cropping especially with the heavy applications of chemical fertilizers. Thus, this study was conducted to investigate selected soil properties and watermelon growth condition as affected by the application of different farming practices in the salt-affected soils of greenhouse plots used for continuous watermelon production. Five different practice conditions in the experimental plots were applied, 1) a conventional farming practice (CFP), 2) a nitrogen-phosphorus-potassium (NPK) fertilizer management practice (FMP), and 3) the FMP with different amounts (5, 10, and 15 ton $ha^{-1}$)of fresh rice straw treatments (FMP-RS), for three years of study. As comparing with CFP plots, soil organic matter content gradually increased during the experimental years, whereas it decreased in the FMP only plot. Soil pH was not changed in the CFP and FMP plot, but it declined in the FMP-RS plots; however, it increased again from the third year in the FMP-RS plots with applying 10 and 15 ton $ha^{-1}$ of RS treatments. The concentrations of exchangeable cations, $Ca^{2+}$ and $Mg^{2+}$, except $K^+$, and water-soluble anions, ${NO_3}^-$, $Cl^-$, ${SO_4}^{2-}$ and ${PO_4}^{3-}$, markedly decreased in FMP and FMP-RS plots. In particular, the application of rice straw tended to significantly decrease the ion concentrations, especially most anions, in the first year, but there was no more decrease in the second and third study years. With relation to the ion concentrations, the changes of electrical conductivity (EC) after applying the management practices showed very similar to those of the ion concentrations. In addition, incidence of withered watermelon plant after applying the management practices dramatically declined from approximately 20% in the CFP plot to 3.5% in the FMP-RS plots. Water melon fruit weight was also improved by the management practices, especially FMP-RS. Therefore, the fertilizer and/or fresh rice straw application management practices are beneficial to improve salt-affected soils and watermelon plant growth condition.

• Korean Security Journal
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• no.61
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• pp.285-305
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• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

• Journal of The Korean Society of Grassland and Forage Science
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• v.36 no.2
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• pp.150-158
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• 2016

This study was conducted to evaluate growth characteristics, yield and feed value of newly developed domestic teosinte (Geukdong 6) compared to widely cultivated silage corn hybrid (31N27) and sorghum ${\times}$ sudangrass hybrid (P877F). Geukdong 6, a new single cross (Teosinte ${\times}$ Suwon 19) variety, is a teosinte (Zea may L. ssp. maxicana) developed by the Geukdong 6 of agricultural company corporation (GACC) in An-dong province. This field experiment was designed in a randomized block design with three replications and consisted of silage corn (T1), sorghum x sudangrass hybrid (T2) and Geukdong 6 (T3). Leaf length, number of leaves, number of tillers and fresh yield of T3 were higher than that of T1 and T2 (p<0.05). Dry matter yield of T3 was lower than that of T1 (p<0.05). In particular, T3 ($0.1kg/cm^2$) showed to be very tender compared to other T1 ($0.5kg/cm^2$) and T2 ($0.5kg/cm^2$), (p<0.05). The crude protein content of T3 as 8.25% was higher than that of T2 (5.90%), (p<0.05). However, there was no significant differences between T1 (8.14%). The brix degree of T2 was higher than that of T1 and T3 (p<0.05). T3 showed higher content of total minerals compared to T1 and T2 (p<0.05). The relative palatability of T3 was higher than T1 and T2 (p<0.05), when fed to deer as soiling crop. However, it showed a lower than T1 in Korean native cattle and korean native goats. The relative palatability of the silage shown in order of T1> T3> T2 in korean native cattle, spotted deer, and korean native goats. As mentioned above the results, Geukdong 6 (T3) could be recommended as using of soiling and lab silage, when high fresh yield, tender stem, number of many leaf, content of high crude protein, and palatability higher than sorghum ${\times}$ sudangrass hybrid were considered.

• 재활복지
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• v.22 no.2
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• pp.1-30
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• 2018

This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.

• The Journal of Korean Society for School & Community Health Education
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• v.4
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• pp.117-139
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• 2003

The purpose of this research lies in presenting logical viability for the measures that curtail access to lewd Internet contents by middle school students amidst the reality in which lewd contents are circulated freely through the Internet, a medium that the middle school students find most easy to access. In order to establish right form of awareness towards sex, this research identified the ways they access the lewd Internet contents, their reaction after the exposure to those contents, their knowledge of sex, their concerns regarding sex and their accessibility to sexual activities in order to conduct a comparative analysis on the relationship between lewd Internet contents and their awareness of sex. First, realities of accessing lewd Internet contents and reactions according to the demographics of middle school students There isa significant difference in the experience of accessing lewd Internet contents in terms of gender. Mostly, male students tend to access the contents more. As for the way they access the lewd Internet contents, both male and female students replied that they access through spam mail of lewd nature. Thus, measures to address this problem are needed urgently. As to when they first accessed the lewd contents, most of the research subjects replied that they accessed either in elementary school period or in the early middle school period. This shows that most of the students got exposed to lewd contents even before they could establish positive, correct awareness of sex. Thus, there is a risk that they may formulate wrong kind of sexual awareness. Accordingly, it is necessary to develop measures through focused sex education. Students are divided into two groups according to the time they spend on the contents averagely: those who spend over one hour and those who spend less than an hour on the lewd contents. If the students spending longer hours are not to be checked and properly guided, it may lead to increasing cases of sexual delinquencies due to their wrongly formed awareness of sex. When the question of existence(non-existence) of guardian was addressed, students with both parents tend to access the lewd Internet contents in a more diverse manner and tend to access more compared to those students from single parent or no-parent families. Accordingly, guardians need to pay attention to how their children are using the Internet. Second, awareness of sex depending on the middle school students' demographics In case of sexual knowledge, middle school students shows relatively high level of knowledge. In particular, female students are found more knowledgeable than male students, and the students in upper years are more knowledgeable as well. As a result, this research recommends that the students in lower years should be guided with more basc and detailed information, while those in upper years need to be taught to form and express their own thoughts and attitudes and to build up independence on this matter. In case of worries about sex, both male and female students don't worry too much about it. However, male students are more concerned about sex than female students in a more diverse ways. As for the differences by academic year, concerns for sex increase, as students get older. Accordingly, sex education that helps establish sound perception of the opposite sex and that focuses on the etiquettes that one must adhere to at the presence of the opposite sex need to be conducted against middle school students. In case of accessibility to sex, male students manifest higher tendency than female students. As for the differences by academic year, those in the first and second years show higher accessibility than those in their third year. In general, younger students tend to be more open-minded toward sex. Accordingly, students in lower academic years need to undergo basic knowledge oriented sex education, whereas those in upper academic years need to undergo discussion centered sex education where they subject to questions regarding their attitude and opinion. Third, relationship between the reactions after the exposure to the lewd Internet contents and their awareness of sex As the frequency of contact with lewd Internet contents increases, awareness of sex increases as well. Thus, the lewd Internet contents contribute to the increase in students' concern for sex as well as increase in accessibility to sex, which eventually become barriers to students' establishment of a healthy perception of sex. Reactions to sex after the exposure to lewd Internet contents and awareness of sex indicate a significant correlation. However, negative correlation is manifested with knowledge of sex. Thus, it is possible to know that the greater access to lewd Internet contents does not necessarily translate into increase in knowledge of sex. However, the study showed there is a correlation between concerns for sex and the level of accessibility to sex. In more detail, the more reactions to the contents they show, the more concerns for sex they have and the more positively they take acceptability to sex. Moreover, it is necessary to develop necessary measures since textbooks today do not include measures needed to address the lewd Internet contents. Given the above findings, it is necessary to continue to complement structural measures in order to prevent easy access of lewd Internet contents by middle school students. Moreover, it is necessary to be considerate of the students so that they themselves can form a healthy Internet culture and grow up within positive framework for the sex education.

• Journal of The Korean Association For Science Education
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• v.41 no.4
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• pp.297-310
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• 2021

This study explores the characteristics of within-school and across-school science teacher professional learning communities (hereafter, PLC) qualitatively. In-depth focus group interviews were conducted with science teachers belonging to seven PLCs within the science core school and three PLCs across schools. Interview questions include identity and motivation, major activities, and outcomes of PLC, as well as shortcomings and support plans for PLC. The results include both within-school and across-school science teacher PLCs formed for professional development related to science teaching and learning. Both science PLCs participated in the study showed the characteristics of a 'practice community' that developed a cooperative relationship through reciprocal participation, focusing on shared issues among members. Regarding issues, within-school PLCs focused on microscopic problems such as curriculum reconstruction of subject-matter, while across-school PLCs focused on macro problems such as teacher professional development. Regarding activities and roles as PLC, within-school and across-school science PLCs shared such features as collaborative professional development, and interpersonal education such as mentoring for novice teachers. In terms of PLC's influence and outcomes, science teacher PLCs has a positive effect not only on the teachers themselves, but also on the students and the teacher culture in the school. In addition, science teacher PLCs need improvement of the physical conditions for community operation, and software support such as protocol provision for PLC operation and joint research or re-education with universities. In particular, joint research between universities and science teacher PLCs shows the future orientation of the PLC as an 'inquiry community'. Based on the results, the necessity of active support for science PLC, the necessity of developing a cooperative system between science teacher PLC and universities, and ways to spread the PLC of science core schools to that of general schools were proposed.

• Journal of Bio-Environment Control
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• v.30 no.4
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• pp.383-392
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• 2021

It has been known that oyster mushrooms cultivated in facilities with thermal insulation have been strongly affected by inner environments. Forced air-circulation fans exert much direct influence on disturbing air inside the facility so the matter is of particular interest. This study is carried out to investigate the measured levels of air uniformity in a cultivation facility for oyster mushroom in the various cases that reversibly controlled air-circulation fans which drove the flow in the upward and reverse direction by turn and unidirectional fans by which the wind blew upwards only were operated from July 1 to 10. The actual survey for the selection of ongoing operation cases presented that farmers, even though there were some discrepancies, have made use of fans in a way that it paused for 5-30min after running for 5-15min by turn. The level of air uniformity in the case of adopting reversible fans revealed a slight difference of 1.4-1.8℃ (Temp.) and 7.8-8.7% (R.H.) under the condition of not using a cooler during the investigation period. By contrast, unidirectional fans showed a noticeable difference of 3.2-3.7℃ and 14.0-15.4%, which meant that air uniformity driven by reversible fans much more increased compared to that for unidirectional fans. Among the twenty operational applications considered for reversible fans, the circumstance that the wind blew upwards for 10-15min and ceased for 5-10min and blew again in the reverse direction for 10-15min in succession gave minor improvements at the level of air uniformity, but at present there was somewhat difficult to make decision on which cases were optimally best. It seems necessary that the effects of reversible fans on air uniformity as well as qualities of oyster mushrooms have to be appraised in the cultivation period and the flow visualization needs to be done to ascertain the performance of air mixture.

• Korean Journal of Remote Sensing
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• v.37 no.5_2
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• pp.1281-1293
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• 2021

The recent launch of the GOCI-II enables South Korea to have the world's first capability in deriving the ocean color data at geostationary satellite orbit for about 20 years. It is necessary to develop a consistent long-term ocean color time-series spanning GOCI to GOCI-II mission and improve the accuracy through validation using in situ data. To assess the GOCI-II's early mission performance, the objective of this study is to compare the GOCI-II Chlorophyll-a concentration (Chl-a), Colored Dissolved Organic Matter (CDOM), and remote sensing reflectances (R_rs) through comparison with the GOCI data. Overall, the distribution of GOCI-II Chl-a corresponds with that of the GOCI over the Yellow Sea, Korea Strait, and the Ulleung Basin. In particular, a smaller RMSE value (0.07) between GOCI and GOCI-II over the summer Ulleung Basin confirms the GOCI-II data's reliability. However, despite the excellent correlation, the GOCI-II tends to overestimate Chl-a than the GOCI over the Yellow Sea and Korea Strait. The similar over-estimation bias of the GOCI-II is also notable in CDOM. Whereas no significant bias or error is found for R_rs at 490 nm and 550 nm (RMSE~0), the underestimation of R_rs at 443 nm contributes to the overestimation of GOCI-II Chl-a and CDOM over the Yellow Sea and the Korea Strait. Also, we show over-estimation of GOCI-II R_rs at 660 nm relative to GOCI to cause a possible bias in Total suspended sediment. In conclusion, this study confirms the initial reliability of the GOCI-II ocean color products, and upcoming update of GOCI-II radiometric calibration will lessen the inconsistency between GOCI and GOCI-II ocean color products.

• Korean Journal of Environment and Ecology
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• v.35 no.5
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• pp.525-547
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• 2021

The main purpose of this study is to examine the use of plant species in ecological restoration projects. To this end, planting drawings from 58 sites that had completed the return of the ecosystem conservation cooperation fund for the past six years were collected and analyzed. The analysis used the construction completion and design drawings to determine the overall selection status and analyze frequency by classifying planted plants into wild and cultivated plants by nature, size, vegetation climate, and upland and wetland habitat. The investigation and analysis process found many cases of wrong plant names, so an analysis was also performed on the matter. In the 58 investigation sites, 282 plants were used for planting: 91 tree species, 69 shrub species, 11 vine species, and 111 herbal species. The most commonly used plant species was Spiraea prunifolia f. simpliciflora, followed by Sorbus alnifolia, Quercus acutissima, Zoysia japonica, Callicarpa dichotoma, and Weigela subsessilisin that order. The most commonly used tree species was Sorbus alnifolia,followed by Quercus acutissima, Zelkova serrata, Chionanthus retusus, and Cornus officinalis, in that order. The most commonly used shrub species was Spiraea prunifolia f. simpliciflora, followed by Weigela subsessilis, Callicarpa dichotoma, Rhododendron yedoense f. poukhanense. and Euonymus alatusin that order. The most commonly used herbal plant species was Zoysia japonica, followed by Dendranthema zawadskii var. latilobum, Aster koraiensis, Miscanthus sacchariflorus, and Pennisetum alopecuroidesin that order. In the analysis by vegetation climate, Spiraea prunifolia f. simpliciflora, Callicarpa dichotoma, and Sorbus alnifoliawere most used in that order in both the temperate central and the warm temperate forest zones, but the pattern does not properly reflect the climate characteristics. In the analysis by habitat, Miscanthus sacchariflorus and Lythrum salicariawere most used in the wetland. In particular, the ratio of wild plants to cultivated plants was 76% to 24%, indicating the ratio of selecting cultivated plants was high. The names of plants on the drawings were mostly common names that did not appear in the Korea National Arboretum or the National Species List of Korea. It is necessary to use proper plant names in the future. Regarding the use of planting plants for ecological restoration, it is necessary to adopt the approach of diversifying selected plants, selecting plants according to characteristics of climate zones, and lowering the specifications of plants used for ecological restoration. Moreover, it is important to fully understand the ecological characteristics of wetland plants and minimize the ratio of using cultivated plants to ensure the plant selection centered on wild plants.