• Journal of The Korean Society of Agricultural Engineers
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• v.54 no.4
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• pp.73-81
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• 2012

In this study, the settlement data of 32 center cored rockfill dams (total 39 monitored data) were collected and analyzed to develop the method to predict the crest settlement of a CCRD after impounding by using the internal settlement data occurred during construction. An artificial neural network (ANN) modeling was used in developing the method, which was considered to be a more reliable approach since in the ANN model dam height, core width, and core type were all considered as input variables in deriving the crest settlement, whereas in conventional methods, such as Clements's method, only dam height is used as a variable. The ANN analysis results showed a good agreement with the measured data, compared to those by the conventional methods using regression analysis. In addition, a simple procedure to use the ANN model for engineers in practice was provided by proposing the equations used for given input values.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.3-34
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• 2019

The resumption of economic cooperation between South and the North Korea will be a new growth engine for our economy. Many Korean companies are preparing to invest in North Korea in accordance with the progress of inter-Korean relations. However, there are many risks inherent in inter-Korean economic cooperation, as experienced in previous cases. Specifically, one should be prepared for unfair measures such as the expropriation of investment assets of South Korean enterprises by North Korea authorities. Therefore, it is essential to review the protection measures of investment in North Korea and to review the investment dispute settlement system. The South and the North have an agreement to establish the inter-Korean Commercial Arbitration Committee to resolve the disputes that may arise if one party's investments are lost due to inappropriate or unfair measures due to the other party's authority. However, the Investment Agreement, which governs the Inter-Korean Commercial Arbitration Committee, contains a number of declarative statements that are somewhat ineffective. Even today, nearly 20 years after the adoption of the Agreement, the specific detailed procedures have shown no real progress, such as in the enactment of arbitration rules. Therefore, at present, it is difficult to expect a system that can effectively address the damage of our corporations which have invested in North Korea. When the assets freeze after the suspension of Kumgang tourism and the closure of the Kaeseung Industrial Complex by North Korea, the activation of the inter-Korean Commercial Arbitration Committee is the most important prerequisite for economic cooperation with North Korea. For this purpose, the resolution of disputes through the Inter-Korean Commercial Arbitration Committee has to be made more concrete, with the effectiveness of the dispute settlement system enhanced by means of various efforts.

• Korea Trade Review
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• v.47 no.5
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• pp.273-288
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• 2022

This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in inter-governmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.

• Journal of Arbitration Studies
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• v.31 no.2
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• Geomechanics and Engineering
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• v.28 no.3
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• pp.225-237
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• 2022

Settlement evaluation is important for shallow tunnels in big cities to estimate the settlement that occurs due to the excavation of twin tunnels. The majority of earlier research on analytical solutions, on the other hand, concentrated on calculating the settlement for a single tunnel. This research introduces a procedure to evaluate the settlement induced by the excavation of twin tunnels (two parallel tunnels). In this study, a series of numerical analysis were performed to validate the analytical solution results. Two geological conditions were considered to derive the settlement depending on each case. The analytical and numerical methods were compared, which involved considering many sections and conducting a parametric study; the results have good agreement. Moreover, a comparison of the 3D flat model and 2D (FEM) with the analytical solution shows that in the fill soil, the maximum settlement values were obtained by the analytical solution. In contrast, the values obtained by the analytical solution in the rock is more conservative than those in the fill. Finally, this method was shown to be appropriate for twin tunnels dug side by side by utilizing finite element analysis 3D and 2D (PLAXIS 3D and PLAXIS 2D) to verify the analytical equations. Eventually, it will be possible to use this approach to predict settlement troughs over twin tunnels.

• Journal of The Korean Society of Agricultural Engineers
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• v.65 no.6
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• pp.51-63
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• 2023

To improve the problem that the settlement curve of the consolidation theory of Terzaghi does not match well with the actual settlement curve, we included a secondary compression settlement and analyzed it by varying the beginning point and then obtained the following results. The current methods of calculating the compression index from the  log𝜎 curve and the coefficient of consolidation from the time-dependent settlement curve for each consolidation pressure proved that the final settlement amount will be consistent after a long time, but the actual settlement amount will always be smaller than the predicted settlement amount during the settlement progress stage. The consolidation factors estimated by the curve fitting with the condition that the secondary compression begins in the second half of the primary compression showed similar values to the consolidation factors estimated by the curve fitting for the primary compression only, and the settlement curves were in better agreement throughout the compression. It showed different values, showing low validity. It can be inferred that secondary compression acts from the point when a significant portion of the excess pore water pressure is dissipated, and the loading stress begins to have more influence on the skeletal structure of the soil. Analysis results show that secondary compression begins at the range of 91 % to 98 % on the average degree of primary consolidation.

• International Area Studies Review
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• v.13 no.2
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• pp.618-642
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• 2009

Currently the nations which join the WTO shall observe understanding on rules and procedures governing the settlement of disputes in WTO agreement. In addition this agreement provides it will be able to apply dispute settlement mechanism of the WTO. Korea and the United States are accomplishing an important role as the core members of the WTO. Regardless of this, The Korea - US FTA is providing a separate dispute settlement system. This paper pursues a comparative analysis concerning rules and procedures of dispute settlement between The Korea - US FTA and the WTO, and furthermore derives problems from the viewpoint of effectiveness, and suggests alternatives and implications in view of trade policy. I hope this study contributes to setting-up and development of national trade policy and is applied to FTA negotiation hereafter.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.89-121
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• 2015

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.3-31
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• 2014

As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

• Proceedings of the Korean Geotechical Society Conference
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• 2010.03a
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• pp.457-467
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• 2010

The settlement prediction is very important to preloading method for a construction site on a soft ground. At the design stage, however, it is hard to predict the settlement exactly due to limitations of the site survey. Most of the settlement prediction is performed by a regression settlement curve based on the field data during a construction. In Korea, hyperbolic method has been most commonly used to align the settlement curve with the field data, because of its simplicity and many application cases. The results from hyperbolic method, however, may be differed by data selections or data fitting methods. In this study, the analyses using hyperbolic method were performed about the field data of $\bigcirc\bigcirc$ site in Pusan. Two data fitting methods, using an axis transformation or an alternative method, were applied with the various data group. If data was used only after the ground water level being stabilized, fitting results using both methods were in good agreement with the measured data. Without the information about the ground water level, the alternative method gives better results with the field data than the method using an axis transformation.