• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.131-149
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• 2000

In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.

• Journal of Digital Convergence
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• v.18 no.4
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• pp.121-127
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• 2020

Innovation in local industries and the development of public services require, among other things, shared growth with the concept of regional co-prosperity. Regional co-prosperity is essentially aimed at bridging regional balance or regional gaps, which means a relationship that can achieve shared growth through complementary cooperation. In this study, cases using living labs were drawn based on the current status of industry-academic cooperation at the level of regional innovation and its policy implications were sought. Local governments are making various attempts to solve regional problems and enhance the linkage effect of securing mutual competitiveness through co-prosperity cooperation autonomously. In particular, an effective approach has been continued by activating the Living Lab Network, a problem-solving mechanism, focusing on pending regional issues. Above all, one of the strategies for regional development should be linked to the establishment of a cooperative system for win-win cooperation and policy means to support it. The activation of cooperative programs with local universities, companies and local governments and the case of problem-solving using living labs. Therefore, it suggested that active participation by various stakeholders and a cooperative governance model were needed to enable Living Lab.

• The Journal of the Convergence on Culture Technology
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• v.9 no.1
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• pp.747-754
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• 2023

With the development of information and communication technology, online fractional investment platforms have emerged through the convergence of online platform technology and new investment techniques for asset-backed derivatives. In this study, the concept and previous studies of the online fractional investment platform business, commercialization models and service processes, market status, and pending discussions and alternatives were presented. Recently, the Securities and Futures Commission's decision on securitization of split ownership has become an important guide to the stable business sustainability of platform operators, but academic research is needed according to the current status and case analysis. To identify specific market issues, examples of representative online fractional investment securitization platform businesses such as "MusiCow" for music copyright, "Tessa" based on art, "Kasa" for real estate, "Piece" based on real assets, and "BangCow" for Korean beef shipments were analyzed. Through the case analysis of this study, the characteristics of the business model according to the basic assets of the online fractional investment platform were compared and presented. Since most business models are judged to be securitic, they must comply with the provisions of the Capital Markets Act or be recognized as the target of innovative financial services. From a practical point of view, it is meaningful in that it presented improvement directions that online fractional securitization platform operators should consider and organized institutional considerations for investor protection.

• Journal of the Korean Society for Library and Information Science
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• v.58 no.2
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• pp.363-384
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• 2024

This study was conducted to examine the user's experiences with the public library in Daejeon using big data analysis, focusing on the text mining technique. To know this, first, the overall evaluation and perception of users about the public library in Daejeon were explored by collecting data on social media. Second, through analysis using online news articles, the pending issues that are being discussed socially were identified. As a result of the analysis, the proportion of users with children was first high. Next, it was found that topics through LDA analysis appeared in four categories: 'cultural event/program', 'data use', 'physical environment and facilities', and 'library service'. Finally, it was confirmed that keywords for the additional construction of libraries and complex cultural spaces and the establishment of a library cooperation system appeared at the core in the news article data. Based on this, it was proposed to build a library in consideration of regional balance and to create a social parenting community network through business agreements with childcare and childcare institutions. This will contribute to identifying the policy and social trends of public libraries in Daejeon and implementing data-based public library operations that reflect local community demands.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.181-226
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• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• Journal of Christian Education in Korea
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• v.71
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• pp.305-340
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• 2022

This study was started to suggest the direction of Christian educational development to revitalize North Korea's 'education' research. Since the two Koreas have experienced heterogeneity in almost all elements of society, such as politics, economy, society, culture, and education, during the period of division in 1977, true unification depends on laying the foundation for social integration that can overcome the sense of heterogeneity between the two Koreas. This is why North Korea's "education" research is needed. Education is the foundation for transferring culture and history, and for bringing about the survival, transformation, and community of society and since it is the mission of Korean churches and Christian educators to establish the direction of North Korean "education" research, North Korean "education" research is very important. Despite this importance, 'North Korean research' in the field of Christian education has not been properly conducted. Research on the "Christian Unification Education Program" that can be used in churches is actively taking place, but research on the macro level of presenting post-unification education blueprints is rare. This study was started to suggest the direction of Christian educational development to revitalize North Korea's 'education' research. For the study, the characteristics of 'North Korea Research' were analyzed according to generational classification. As a result of the study, recent research on North Korea has been expanding in research topics and methodologies, and recent studies have been differentiated into microscopic studies that deviate from existing research trends at a macro level and view North Korea's daily life. The characteristics of 'North Korean education research' are summarized by period. The research on North Korean education, which began in earnest in the 1970s, was divided into the period of start(70s), transition(80s), leap(90s), expansion(2000s), and development(2010s~). and research characteristics for each period were analyzed. Through this, early North Korean education research was also conducted in the policy aspect of the country, and the characteristics of political and social studies were strong, but recent studies have confirmed that the subjects and contents are diversifying. Based on these studies, the pending issues and issues of North Korean education research in the field of Christian education were analyzed. The study of North Korea in the field of Christian education, which began in the 1980s, has been conducted in the engineering aspect of 'development of unification education programs for churches'. However, studies on Christian unification education and North Korean education itself, which can be used in public education sites including Christian schools, have yet to be sufficient. Nevertheless, the diversification of research in the field of Christian education can be evaluated as a positive change. Based on these studies, it was proposed to establish a de-ideological research foundation, secure primary research data(Raw Data), activate research topics and research methodologies, and strengthen research capabilities in the direction of development to revitalize North Korean research in the field of Christian education. I hope this study will trigger various follow-up studies and help Korean churches that must achieve unification.

• Journal of Bio-Environment Control
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• v.29 no.4
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• pp.440-447
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• 2020

The demand for large-scale horticultural complexes utilizing reclaimed lands is increasing, and one of the pending issues for the construction of large-scale facilities is to establish foundation design criteria. In this paper, we tried to review previous studies on the method of reinforcing the foundation of soft ground. Target construction methods are spiral piles, wood piles, crushed stone piles and PF (point foundation) method. In order to evaluate the performance according to the basic construction method, pull-out resistance, bearing capacity, and settlement amount were measured. At the same diameter, pull-out resistance increased with increasing penetration depth. Simplified comparison is difficult due to the difference in reinforcement method, diameter, and penetration depth, but it showed high bearing capacity in the order of crushed stone pile, PF method, and wood pile foundation. In the case of wood piles, the increase in uplift resistance was different depending on the slenderness ratio. Wood, crushed stone pile and PF construction methods, which are foundation reinforcement works with a bearing capacity of 105 kN/㎡ to 826 kN/㎡, are considered sufficient methods to be applied to the greenhouse foundation. There was a limitation in grasping the consistent trend of each foundation reinforcement method through existing studies. If these data are supplemented through additional empirical tests, it is judged that a basic design guideline that can satisfy the structure and economic efficiency of the greenhouse can be presented.

• Korean Journal of Environment and Ecology
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• v.21 no.3
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• pp.223-234
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• 2007

The study, executed with Hallasan National Park, which deserves to be a typical ecotourism destination, aims to provide basic information on park management for early establishment of ecotourism in a national park by assessing its visitors' behavior and satisfaction with a nature trail established as a series of an environmental interpretation program. The questionnaire survey was conducted at Eorimok Square in the weekday and on the weekend for two months of August and September in 2006, and finally 144 valid samples were used for the analysis. As a result of the research, it revealed that the demographic characteristics of the visitors to Hallasan National Park tended to coincide with those of the visitors to other national parks In Korea. On the whole, it showed their low recognition level of nature trails built up in national parks and less experience in using them. However, the visitors' satisfaction level and intention of re-visit, and recommendation to others were comparatively higher after actually using the nature trail at the site of Hallasan National Park, which hints at the possibility of national parks' much weightier role as the ground for ecology education and the functional expansion of the environmental interpretation-related facilities and programs. As for the attributes having effects on users' satisfaction with a nature trail, substantial aspects such as accessibility, safety, uniqueness and interest in environmental interpretation, and educational quality as well as physical facility management were revealed to have equal effects on users' satisfaction level, so there still remain a lot of pending issues over the reality of national parks in the initial stage of ecotourism staying at the level of the introduction and establishment of the facilities for environmental interpretation. This research had surveyed visitors to Hallasan National Park and limited to the nature trail only. For more systematic and practical ecological management of a national park, the in-depth understanding of the attributes affecting satisfaction of ecotourists, including nature trails and other environmental interpretation programs, and more sophisticated measuring tools are needed.

• Journal of the Korean Association of Geographic Information Studies
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• v.21 no.4
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• pp.175-190
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• 2018

Recently, policy of the marine advanced countries were switched from the preemption using ocean to post-project development. In this study, we suggest improvement and the pending issues when are deducted to the database of the marine spatial information is constructed over the GIS system for the Korean Marine Spatial Planning (KMSP). More than 250 spatial information in the seas of Korea were processed in order of data collection, GIS transformation, data analysis and processing, data grouping, and space mapping. It's process had some problem occurred to error of coordinate system, digitizing process for lack of the spatial information, performed by overlapping for the original marine spatial information, and so on. Moreover, solution is needed to data processing methods excluding personal information which is necessary when produce the spatial data for analysis of the used marine status and minimized method for different between the spatial information based GIS system and the based real information. Therefore, collection and securing system of lacking marine spatial information is enhanced for marine spatial planning. it is necessary to link and expand marine fisheries survey system. It is needed to the marine spatial planning. The marine spatial planning is required to the evaluation index of marine spatial and detailed marine spatial map. In addition, Marine spatial planning is needed to standard guideline and system of quality management. This standard guideline generate to phase for production, processing, analysis, and utilization. Also, the quality management system improve for the information quality of marine spatial information. Finally, we suggest necessity need for the depths study which is considered as opening extension of the marine spatial information and deduction on application model.