• Journal of Korean Society of Steel Construction
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• v.25 no.4
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• pp.389-398
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• 2013

The structural provisions of rectangular CFT (concrete-filled tubular) columns in the 2005/2010 AISC Specification, ACI 318-08, and EC4 were comparatively analyzed as a preliminary study for establishing the unified standards for composite structures. The provisions analyzed included those related to the nominal strength, the effect of confinement, plate slenderness, effective flexural stiffness, and the material strength limitations. Small or large difference can be found among the provisions of AISC, ACI, and EC4. Generally, the 2010 AISC Specification provides the revised provisions which reflect up-to-date test results and tries to minimize the conflict with the ACI provisions. For example, the 2010 AISC Specification introduced a more finely divided plate slenderness limits for CFT columns. In seismic applications, the plate slenderness limits required for highly and moderately ductile CFT columns were separately defined. However, the upper cap limitations on material strengths in both the AISC and EC4 provisions are too restrictive and need to be relaxed considering the high-strength material test database currently available. This study found that no provisions reviewed in this paper provide a generally satisfactory method for predicting the P-M interaction strength of CFT columns under various material combinations. It is also emphasized that a practical constitutive model, which can reasonably reflect the stress-strain characteristics of confined concrete of rectangular CFT columns, is urgently needed for a reliable prediction of the P-M interaction strength.

• Journal of the Korea Concrete Institute
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• v.17 no.5 s.89
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• pp.717-726
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• 2005

Shear test data have been extracted from previous experimental research and compiled into a database that may be the largest ever made. In this paper, the shear database (SDB) was used for evaluating shear design provisions for both reinforced concrete (RC) beams and prestressd concrete (PSC) beams. A discussion on the use of the results of this evaluation related to calibration and strength reduction factor for the shear design provisions was also provided. It was observed that the shear design provisions did not provide good predictions for RC members and gave very poor predictions especially for RC members without shear reinforcement. On the other hand, the limit on shear strength contributed by transverse reinforcement was observed to be lower than necessary. The shear design provisions gave very unconservative results for the large RC members (d>700mm) without shear reinforcement having light amount of longitudinal reinforcement $(\rho_w<1.0\%)$. However, for PSC members the shear design provisions gave a good estimation of ultimate shear strength with a reasonable margin of safety. Despite of a large difference of accuracy in prediction of shear strength for RC members and PSC members, the shear design provisions used a same shear strength reduction factor for these members. As a result, the shear design provisions did not provide a uniform factor of safety against shear failure for different types of members.

• The Journal of Fisheries Business Administration
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• v.20 no.2
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• pp.67-76
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• 1989

Fisheries Act is to provide for scope of application as follows : (1) Except as provided otherwise, the provisions of this act shall not apply to any waters other than a public one. (2) If waters other than a public one are connected to and integrated with the latter, the provisions of the act shall apply to the former. This paper aims to analyze these Fisheries act.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.201-238
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• 2009

The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• Korea Trade Review
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• v.41 no.3
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• pp.1-25
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• 2016

This study reviews international discussions about the trade-labor linkage and examines the labor chapters of FTAs enforced by the US and the EU from a comparative perspective. Since early 1990s, starting from the NAFTA, the US has included forceable labor provisions in its FTAs and this trend continues to the TPP which was concluded in October 2015. On the other hand, the EU's labor provisions in its FTAs have been composed of promotional elements on labor rights based on cooperations and dialogues. These different features of labor provisions in the US and European FTAs are mainly due to the motives of the FTAs of the US and the EU respectively as well as their domestic situations with regards to domestic law and institutional set-ups. The coordination of labor provisions involves a long-term institutional as well as regulatory convergence which triggers not only economic but also social changes, compared to a relatively short-term effect of tariff elimination. For Korea which has been a FTA partner country both with the US and the EU, it is significant to keep the different characteristics in the labor provisions in mind, particularly in the process of its implementation. Concerning the implementation of Korea-US FTA, it might be problematic if Korean law and its regulatory practice on labor-management relations do not comply with that of the US. The Korea-EU FTA case can also have an indirect impact on Korea's labor laws since it stipulates in its provisions that both parties should have discussions not only within each government but also with the civil communities including NGOs. Thus, Korea should pay more attention to the true meaning in labor provisions of both FTAs in order to promote its firms to be equipped with the right labor-management system in their operations abroad.

• Journal of Preventive Medicine and Public Health
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• v.43 no.6
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• pp.455-458
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• 2010

The Affordable Care Act (ACA) was signed into law on March 23, 2010 and will fundamentally alter health care in the United States for years to come. The US is currently one of the only industrialized countries without universal health insurance. The new law expands existing public insurance for the poor. It also provides financial credits to low income individuals and some small businesses to purchase health insurance. By government estimates, the law will bring insurance to 30 million people. The law also provides for a significant new investment in prevention and wellness. It appropriates an unprecedented $15 billion in a prevention and public health fund, to be disbursed over 10 years, as well as creates a national prevention council to oversee the government's prevention efforts. This paper discusses 3 major prevention provisions in the legislation: 1) the waiving of cost-sharing for clinical preventive services, 2) new funding for community preventive services, and 3) new funding for workplace wellness programs. The paper examines the scientific evidence behind these provisions as well as provides examples of some model programs. Taken together, these provisions represent a significant advancement for prevention in the US health care system, including a shift towards healthier environments. However, in this turbulent economic and political environment, there is a real threat that much of the law, including the prevention provisions, will not receive adequate funding.

• Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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• v.27 no.4
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• pp.81-87
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• 2013

A grounding scheme is one of important parts in protection for safety of electrical installations. Terminologies are successively creating and gradually increasing due to diversity and external environments. The declaration and definition of terminologies concerning grounding are in disorder in several KS standards, electrotechnical provisions for electrical installations and electrotechnical guides related to electrical installations. There seem to be serious confusions in use among technicians and experts. In this paper, we proposed a new scheme and system to consistently use the technical terms concerning grounding described in KS standards and technical provisions. Different use examples and the present state of terminologies on grounding described in Korean documents such as KS IEC standards, technical provisions for electrical installations, consumer's electrical installation guide, and etc are investigated. Although the scope of this work is limited to examine the terminologies on grounding, it is expected that the proposed method could be contributed to the consistent use of terminologies in all areas in KS C IEC standards and technical provisions for electrical installations.

• 대한상한금궤의학회지
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• v.8 no.1
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• pp.87-97
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• 2016

Objective : This case report aims to demonstrate the effect of Herbal medicine on menopausal syndrome. Methods : A 54 years woman suffered from menopausal syndrome with hot flush, insomnia and dyspepsia. According to Diagnostic system based on Shanghanlun provisions, the patient was diagnosed with Taeyang-byung and treated by Sosiho-tang decoction at first. But the next time the patient visited, she was treated by Oryeong-san decoction. The result of administrations were evaluated by Kupperman's index(KI), Menopause rating scale(MRS). Results : After administration of Sosiho-tang decoction for 35 days, KI was decreased from 50 to 19, MRS was decreased from 9 to 4. But her chronic dyspepsia wasn't getting better. So the KMD prescribed Oryeong-san decoction. After administration of Oryeong-san decoction for 14 days, KI was decreased from 19 to 0, MRS was decreased from 4 to 1. And her chronic dyspepsia was functionally improved. Conclusions : The patient completely recovered from menopausal syndrome and dyspepsia as treated by Sosiho-tang decoction and Oryeong-san decoction according to Diagnostic system based on Shanghanlun provisions.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.173-191
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• 2018

MFN provisions in investment agreements have been a tool for equitable treatment between foreign investors with different nationalities. This non discriminatory principle has been pursued by the host states for further investment promotion. However, it may be abused to bring the situation of so called "ISDS forum shopping" which might harm the stability and predictability of investment agreements by unexpectedly extending the scope of obligations. While some investment arbitral tribunals have interpreted the scope of MFN provision very broadly to allow the ISDS forum shopping, both procedural and substantive provisions have been invoked. To prevent any chaos of unclear boundary of MFN provision, some explicit MFN restrictions which would limit the scope of MFN provision are needed. Indeed, some investment agreements have included these MFN restrictions. Specifically, MFN restrictions deal with both procedural or substantive provisions to prevent ISDS forum shopping. According to the lessons from the recent examples of MFN restrictions, there must be a careful consideration on the benefits and costs of having a certain type of MFN restriction as the parties can be the host state and the home state of their investors at the same time.