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Korean Style System Model of Financial ADR (한국형 금융ADR의 제도모델)

  • Seo, Hee-Sok
    • Journal of Legislation Research
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    • no.44
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    • pp.343-386
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    • 2013
  • "Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

Studies on Adaptability by Rice Heading Ecology Type in the Central Northern Mid-Mountainous Cultivation Zone of Chungbuk Region (충북지역 중북부 중산간지 벼 출수생태형별 적응성 검토)

  • Lee, Chae Young;Choi, Ye Seul;Lee, Joung Kwan;Kim, Ik Jei;Kang, Shin Gu;Woo, Sun Hee;Kim, Young Ho
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.66 no.3
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    • pp.210-219
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    • 2021
  • In recent years, air temperature has been increasing rapidly compared to the 1980s because of global warming. This increase in temperature reduces the yield and quality of rice; therefore, measures are needed to prevent such effects and ensure food security. The early maturing type (EMT) of rice is mainly cultivated in the central northern mid-mountainous area (CNMA). This study was conducted to shift the transplanting date of EMT and to examine the adaptability of the mid-maturing type (MMT) or mid-late maturing type (MLMT) in the Jecheon region of the CNMA to address global warming. The air temperature increased by 0.7-0.9℃ in the 2010s, compared to that in the 1980s, and was similar to other decades during the ripening period. Over the past 35 years, considering rice quality, the heading date of the Odae variety has arrived sooner by approximately 10 days, the ripened grain ratio has increased by more than 10%, and the thousand grain weight; however, the mean temperature at 40 days after heading has increased by more than 2℃. The late marginal heading date in the Jecheon region was determined as August 11 based on the accumulated temperature of 880℃ and August 15 based on 840℃ for 40 days after heading. According to different transplanting dates, milled rice yield per 10 a was the highest at 567 kg with June 10 in EMT, 595 kg with June 10 in MMT, and 572 kg with May 30 in MLMT. Considering the late marginal heading date, rice yield, and quality, the optimum transplanting date was June 15 in EMT, June 5 in MMT, and May 30 in MLMT in the Jecheon region of CNMA. Owing to global warming, MMT and MLMT are expected to be reliably cultivated in the CNMA.

A Study on the Complex Color Analysis by Industry for Signboard Improvement Project - Focused on the Jongno-gil, Dongsang-dong, Gimhae-si - (간판개선사업을 위한 업종별 복합 색채 분석 연구 - 김해시 동상동 종로길을 중심으로 -)

  • Park, Han Na;Son, Jeong Eun;Choi, In Kyu;Paik, Jin Kyung
    • Korea Science and Art Forum
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    • v.37 no.4
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    • pp.149-159
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    • 2019
  • This research was started to identify the color status of signboards at the target site and suggest the direction of improvement for the signboard project in Dongsang-dong, Jongno-gil, a central area of the old city center of Gimhae. The area under study forms a depressed street atmosphere with old facilities, and is a typical type of old city center sign that needs to be rebuilt. The purpose of this study is to investigate prior research related to signage and similar signboard improvement cases, and then to identify the current status of colors by sorting out the casting, auxiliary and highlighted colors through the survey of the color of the signboard in the target area, and to propose a desirable direction for the future sign business based on the basis of these findings. This paper divided the target sections by industry and conducted a color analysis of signboards. The results and contents of the research are as follows. First, cast-colored signboards in general businesses showed a variety of primary color distributions with high L* values, on average, with high intensity and high chromaticity. Second, the auxiliary colors were mostly white or black in color-free, making a contrast between the casting colors. Third, the highlight was that a* value showed a high distribution in positive water plus and was mainly distributed in obsolescence, such as red or yellow, and color was used to reflect the characteristics of each store. However, the stores in the entire section lack unity because they were using colors that were higher in color than middle colors, which was causing the street's aesthetic look to be undermined. Based on the results of these studies, it is thought that the future color scheme for Gimhae's signature improvement project will limit the number of colors to a certain extent and give a sense of security and visual comfort to the use of colorlessness and obscurity around the representative colors of Gimhae.

Calculation Method of Oil Slick Area on Sea Surface Using High-resolution Satellite Imagery: M/V Symphony Oil Spill Accident (고해상도 광학위성을 이용한 해상 유출유 면적 산출: 심포니호 기름유출 사고 사례)

  • Kim, Tae-Ho;Shin, Hye-Kyeong;Jang, So Yeong;Ryu, Joung-Mi;Kim, Pyeongjoong;Yang, Chan-Su
    • Korean Journal of Remote Sensing
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    • v.37 no.6_1
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    • pp.1773-1784
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    • 2021
  • In order to minimize damage to oil spill accidents in the ocean, it is essential to collect a spilled area as soon as possible. Thus satellite-based remote sensing is a powerful source to detect oil spills in the ocean. With the recent rapid increase in the number of available satellites, it has become possible to generate a status report of marine oil spills soon after the accident. In this study, the oil spill area was calculated using various satellite images for the Symphony oil spill accident that occurred off the coast of Qingdao Port, China, on April 27, 2021. In particular, improving the accuracy of oil spill area determination was applied using high-resolution commercial satellite images with a spatial resolution of 2m. Sentinel-1, Sentinel-2, LANDSAT-8, GEO-KOMPSAT-2B (GOCI-II) and Skysat satellite images were collected from April 27 to May 13, but five images were available considering the weather conditions. The spilled oil had spread northeastward, bound for coastal region of China. This trend was confirmed in the Skysat image and also similar to the movement prediction of oil particles from the accident location. From this result, the look-alike patch observed in the north area from the Sentinel-1A (2021.05.01) image was discriminated as a false alarm. Through the survey period, the spilled oil area tends to increase linearly after the accident. This study showed that high-resolution optical satellites can be used to calculate more accurately the distribution area of spilled oil and contribute to establishing efficient response strategies for oil spill accidents.

New demand forecast for vocational high school graduates in regional strategic industries: Focusing on comparison between Daejeon and Jeonnam (지역전략산업에 따른 특성화고 졸업자 신규수요 예측: 대전과 전남 지역 비교를 중심으로)

  • Kim, Jin-Mo;Choi, Su-Jung;Jeon, Yeong-Uk;Oh, Jin-Ju;Ryu, Ji-Eun;Kim, Seon-Geun
    • Journal of vocational education research
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    • v.36 no.1
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    • pp.47-75
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    • 2017
  • The purpose of this study was to provide basic data for policy making for secondary vocational education in each region and transformation in vocational high schools. To achieve this, the regional strategic industries in Daejeon and Jeonnam were selected, new demand for vocational high school graduates was forecasted in each industry and occupation. The results of the study are as follows. First, locational quotient analysis and regional shift-share analysis revealed that Daejon and Jeonnam have different strategic industries. Daejon, unlike Jeonnam strategically develops 'manufacturing food, beverage and tobacco', 'manufacturing timber and paper, printing and copying', 'public service and administration of national defense and social security' and 'manufacturing electrical devices, electronics and precision devices'. Jeonnam has specialized industries distinguished from Daejon's, which are 'manufacturing of machinery transportation equipments and etc', 'manufacturing of non-metallic minerals and metal products', 'electric, gas, steam and water supply systems/industries', 'manufacturing coal and chemical products, refining petroleum', 'mining' and 'agriculture, forestry and fishery'. Second, new demand for vocational high school graduates by occupations and industries showed regional differences(in Daejon and Jeonnam). According the forecast, Daejon will have many workforce demands based on manufacturing industries, on the other hand Jeonnam's focused on service industries. Analysis by occupations was also different, Daejon showed high demands on professional and related workers, while Jeonnam requested many new office and service workers. Third, new workforce demand by occupations in regional strategic industries is big part of overall new workforce demand both in Daejon and Jeonnam. Forth, according to the results of analyzing the new demand for vocational high school graduates in Daejeon and Jeonnam in terms of industry location quotient and change effect, there was high demand in industries with positive total change effects. In terms of location quotient, Daejeon and Jeonnam showed different results.

Estimation of Food Commodity Intakes from the Korea National Health and Nutrition Examination Survey Databases: With Priority Given to Intake of Perilla Leaf (국민건강영양조사 자료를 이용한 식품 섭취량 산출 방법 개발: 들깻잎 섭취량을 중심으로)

  • Kim, Seung Won;Jung, Junho;Lee, Joong-Keun;Woo, Hee Dong;Im, Moo-Hyeog;Park, Young Sig;Ko, Sanghoon
    • Food Engineering Progress
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    • v.14 no.4
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    • pp.307-315
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    • 2010
  • The safety and security of food supply should be one of the primary responsibilities of any government. Estimation of nation's food commodity intakes is important to control the potential risks in food systems since food hazards are often associated with quality and safety of food commodities. The food intake databases provided by Korea National Health and Nutrition Examination Survey (KNHANES) are good resources to estimate the demographic data of intakes of various food commodities. A limitation of the KNHANES databases, however, is that the food intakes surveyed are not based on commodities but ingredients and their mixtures. In this study, reasonable calculation strategies were applied to convert the food intakes of the ingredients mixtures from the KNHANES into food commodity intakes. For example, Perilla leaf consumed with meat, raw fish, and etc. in Korean diets was used to estimate its Korean intakes and develop algorithms for demographic analysis. Koreans have consumed raw, blanched, steamed, and canned perilla leaf products. The average daily intakes of the perilla leaf were analyzed demographically, for examples, the intakes by gender, age, and etc. The average daily intakes of total perilla leaf were 2.03${\pm}$0.27 g in 1998, 2.11${\pm}$0.26 g in 2001, 2.29${\pm}$0.27 g in 2005, 2.75${\pm}$0.35 g in 2007, and 2.27${\pm}$0.20 g in 2008. Generally, people equal to or over 20 years of age have shown higher perilla leaf intakes than people below 20. This study would be contributed to the estimation of intakes of possible chemical contaminants such as residual pesticides and subsequent analysis for their potential risk.

Current Statues of Phenomics and its Application for Crop Improvement: Imaging Systems for High-throughput Screening (작물육종 효율 극대화를 위한 피노믹스(phenomics) 연구동향: 화상기술을 이용한 식물 표현형 분석을 중심으로)

  • Lee, Seong-Kon;Kwon, Tack-Ryoun;Suh, Eun-Jung;Bae, Shin-Chul
    • Korean Journal of Breeding Science
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    • v.43 no.4
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    • pp.233-240
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    • 2011
  • Food security has been a main global issue due to climate changes and growing world population expected to 9 billion by 2050. While biodiversity is becoming more highlight, breeders are confronting shortage of various genetic materials needed for new variety to tackle food shortage challenge. Though biotechnology is still under debate on potential risk to human and environment, it is considered as one of alternative tools to address food supply issue for its potential to create a number of variations in genetic resource. The new technology, phenomics, is developing to improve efficiency of crop improvement. Phenomics is concerned with the measurement of phenomes which are the physical, morphological, physiological and/or biochemical traits of organisms as they change in response to genetic mutation and environmental influences. It can be served to provide better understanding of phenotypes at whole plant. For last decades, high-throughput screening (HTS) systems have been developed to measure phenomes, rapidly and quantitatively. Imaging technology such as thermal and chlorophyll fluorescence imaging systems is an area of HTS which has been used in agriculture. In this article, we review the current statues of high-throughput screening system in phenomics and its application for crop improvement.

New Government's Responsibility and Achievement in Records & Archives Management (공공기록물 관리에 있어 이명박정부의 책임과 '업적')

  • Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.257-280
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    • 2008
  • The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

A Study on the Hipped-and-Gable-Roof Framework of Muryangsujeon of Buseoksa Temple (부석사 무량수전 측면 지붕부 결구의 구성방식에 관한 재고(再考) - 중국 원대(元代) 이전 목조건축과의 비교를 중심으로 -)

  • Cha, Ju-hwan
    • Korean Journal of Heritage: History & Science
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    • v.49 no.3
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    • pp.78-103
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    • 2016
  • This research is a study on the side framework structure of the hipped and gable roof of Muryangsujeon at Buseoksa Temple. There is a record that Muryangsujeon was deconstructed and repaired in the period of Japanese Occupancy, and its authenticity has continuously been called into question because the structure of the hipped and gable side roofs, and the bonding of the rafters and eaves were not in good order and very different from those of Joseon Dynasty. Scholars date it differently. It is either dated at 13th century or 12th century. This study compares the non-planar configuration of the middle and front proportions of Muryangsujeon's hipped-and-gable-roof framework with those of the Tang(唐) and Song(宋) Dynasties in China. It concludes that the hipped-and-gable-roof framework of those architecture were built with the same technique. The style of architecture that side rafters directly touch the internal security (梁), like in Muryangsujeon, is not usual even among the hipped and garble roofs of the Tang(唐) and Song(宋) Dynasties. The technique of constructing the hipped roofs developed much further after the Tang Dynasty because they began to use garble eaves to build the side structure. The technique seems to have developed greatly by the period of Ming and Qing Dynasties. It also seems that the parallel-flat (平行輻射椽) rafter, which is the form of rafters used between the parallelrafter period and the half-flat-rafter period is very similar to the construction style of the current rafters of Muryangsujeon. However, the Muryangsujeon's eaves do not touch the corner rafter from the middle part. This seems to be a unique style, which is not common in China. In conclusion, the style of the side roof framework of Muryangsujeon at Buseoksa Temple is not of the China's southern regions, but of the northern regions of Tang(唐), Song(宋) and Liao(遼) Dynasties. And when considering the construction year and proportions of the middle front and side front on the same flat, this must be an ancient technique of the northeastern regions of Asia. Since it is likely that the structure of the side roof framework of Muryangsujeon at Buseoksa Temple has not been altered but is a unique style of hipped and gable roofs, this roof can serve as a good guide to restoring the hipped and garble roofs of the pre-Goyreo Dynasty period.