• Title/Summary/Keyword: Settlement agreement

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Model Tests for The Behavior of Propped Retaining Walls in Sand (굴착모형실험을 통한 토류벽체 및 지반거동에 관한 연구)

  • 이봉열;김학문
    • Journal of the Korean Geotechnical Society
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    • v.15 no.5
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    • pp.259-279
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    • 1999
  • Model tests on propped retaining walls were performed for the investigation of wall displacement, distribution of earth pressure, surface settlement and underground movement at various excavation stage in sand. The result of model tests on the trough of surface settlement showed considerable difference depending on the characteristic of wall stiffness, wall friction and soil condition. The location of maximum underground movement were found to be at range of 0.15H to 0. 1H(H: Final excavation depth). Effect of arching by the redistribution of earth pressure were closely related to the stiffness of wall as well as the soil condition. The wall displacement and earth pressure distribution were simulated by elasto - plastic beam analysis program and finite element method with GDHM model respectively. The result of elasto-plastic analysis showed some discrepancy on the wall displacement and earth pressure, but result of underground movement by FEM with various wall stiffness were in good agreement with the model tests.

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Prediction of Ground Settlements due to Tunneling through Granular Soils (사질토층의 터널굴착에 따른 지반침하의 예측)

  • Bae, Gyu Jin;Kim, Soo Il
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.9 no.3
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    • pp.143-151
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    • 1989
  • An equation to predict the ground settlement caused by tunneling through granular soils is proposed, The equation is developed modifying the Murayama equation using the results of elastic finite element analysis. Ground settlements at the underground structures in Korea and other countries are analyzed. From the results of the settlement analysis, it is found that the ground settlement associated with tunneling through granular soils is not only affected by tunnel geometry but also related to volume change characteristics of soils. It is also found that the widths of shear band, t in field conditions are 2 to 6 times greater than the values proposed in the Murayama's model. Calculated settlements using the proposed equation show reasonable agreement with the observed settlements and the results from the elasto-plastic finite element analysis. Murayama equation seems to underestimate the ground settlement.

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Consolidation Settlement of Capped Sediment (I): Centrifuge Simulation by Modeling of Models Technique (캡이 설치된 퇴적층의 압밀 침하 (I) : 원심모형시험기를 이용한 모델링 방법)

  • Kim, Tae-Hyung;Hong, Won-Pyo;Moo-Young, Horace-K
    • Journal of the Korean Geotechnical Society
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    • v.19 no.3
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    • pp.33-38
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    • 2003
  • Marine sediment capping is a technique where clean sand is placed over contaminated sediment to reduce the migration of contaminants to the environment. The design of in-situ caps placed over marine sediment must take into consideration the self-weight consolidation of the cap and the consolidation of the sediment as a result of adding the cap layer. Centrifuge tests were adopted to simulate the effects of consolidation settlement of capped marine sediment caused by the placement of a clean sand layer. The modeling of models technique was utilized to verify the correct modeling procedures used in this study. Two centrifuge tests were conducted with the same boundary conditions at different gravitational accelerations of 100 g and 50 g. There was good agreement between these tests. It can be concluded that the centrifuge experiment is able to model consolidation settlement of capped marine sediment.

A Study on the Validity of the Selective Arbitration Clause on Construction Arbitration (건설중재에 있어서 선택적중재합의의 유효성에 관한 연구)

  • Suh, Jeong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.25
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    • pp.165-187
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    • 2005
  • Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

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A Case Study on the Investment Contract in China (중국에서 내국인 간의 투자계약 관련 중재 사례 검토)

  • Jang, Kyung-Chan
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.183-197
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    • 2014
  • 1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

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The Optimization of Hyperbolic Settlement Prediction Method with the Field Data for Preloading on the Soft Ground (쌍곡선법을 이용한 계측 기반 연약지반 침하 거동 예측의 최적화 방안)

  • Choo, Yoon-Sik;Kim, June-Hyoun;Hwang, Se-Hwan;Chung, Choong-Ki
    • Journal of the Korean Geotechnical Society
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    • v.26 no.7
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    • pp.147-159
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    • 2010
  • The settlement prediction is very important in preloading method for a construction site on the 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 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 differ 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 which is a direct regression method, were applied with various data groups. 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. Regardless of the information about the ground water level, the alternative method gives better results with the field data than the method using an axis transformation.

Regional Assessment of the Effect of the Win-Win Item Agreements (대형마트 상생품목제도 영향의 지역적 평가)

  • Yoo, Byong-Kook;Kim, Soon-Hong
    • Journal of Distribution Science
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    • v.13 no.10
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    • pp.93-99
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    • 2015
  • Purpose - It has been argued that the regulations restricting entry and opening hours of General Super Markets and Super Super Markets have not been as effective as expected. In contrast, the win-win item scheme that appeared recently has the advantage that it could raise the effectiveness of the system in that win-win items are in principle resigned on the basis of bilateral agreements. This study analyzes the win-win item agreement made between Homeplus at Hap-jung and small traditional markets to examine the practical effectiveness of the win-win item scheme. While existing literature studying the regulatory effects have concentrated on the restrictions around store entry or opening hours of large retailers, it can be said that there have been few empirical studies on the effect of win-win items agreement with large retailers. Research design, data, and methodology - Homeplus at Hap-jung made a win-win items agreement with nearby small traditional market traders in 2013. In accordance with this voluntary agreement, Homeplus started by limiting its sales to 15 win-win items. The survey was conducted through one-on-one interviews, April 14 to May 2, 2014, by a professional public opinion research agency. The interviews were targeted at small business retailers in the nearby traditional market. We divided the traditional markets near Homeplus at Hap-jung where the win-win item agreement was achieved into two groups, win-win item agreement markets and non win-win item agreement markets, to compare the performance difference between the two groups. Results - To determine the change in sales of the 15 win-win items, we examined the performance difference between the two groups using two criteria (compared with similar items, and compared to sales volume a year ago). The results show that the individual sales of win-win items in the win-win item agreement markets are more likely to increase than in the non win-win item agreement markets. Total sales volume of individual stores in the agreement markets also showed a more significant increase compared to a year ago than those in non win-win item agreement markets. Conclusions - Contrary to the existing retail regulations that have one-sided and uniform characteristics, it can be pointed out that the win-win item scheme has the effect of increasing the success of the system itself because it is done on the basis of mutual agreement between General Super Markets and traditional markets. The empirical results of this study can be said to support this conjecture. For the successful settlement of a win-win items agreement, the following points should be reviewed. First, it requires a great effort from the selection process of win-win items in order to improve the effectiveness of the agreement. Second, the existing General Super Markets customers should be introduced to the traditional markets or small shops to increase the sales of win-win items. Therefore, voluntary effort is essentially required from the traditional markets to engage customers.

A Study on Some Problems in Multiparty Arbitration (다수당사자중재의 문제점에 관한 고찰)

  • Kim Myung-Yeop
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.207-244
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    • 2003
  • There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

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韓-歐FTA中与ILO相關條款紛爭及對中國的啓示

  • Go, Cheon-Cheon;Mun, Cheol-Ju
    • 중국학논총
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    • no.72
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    • pp.101-122
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    • 2021
  • Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

Applicability of the Single Rate Presumption for Non-Market Economies within the Framework of the WTO Anti-Dumping Agreement (WTO 반덤핑협정 상 비시장경제 규율에 대한 고찰: 미국의 단일률 적용 관행을 중심으로)

  • Kyoung-Hwa Kim
    • Korea Trade Review
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    • v.46 no.4
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    • pp.113-130
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    • 2021
  • This study aims to analyze the WTO-inconsistent aspects of the single rate presumption of the United States in establishing and imposing anti-dumping duties for non-market economy exporters. By examining the drafting history in the GATT/WTO negotiations and the practice of the single rate presumption for non-market economies by the United States from a comparative perspective, it critically addresses the inherent lack of pertinent disciplines under the framework of the WTO Anti-Dumping Agreement in establishing dumping margins for exporters of non-market economies. The WTO Dispute Settlement Body leaves open the possibility of allowing the investigating authority to consider multiple exporters and the exporting country as a single entity. However, the study argues that it is difficult in practice for the investigating authority to make a single-entity decision in a WTO-consistent manner. The study also finds an incompatibility in the notion between establishing dumping margins for 'individual' exporters and 'non-market economies.' A proper discipline for non-market economies under the multilateral anti-dumping norm needs to be reconsidered in the era of persistent trade conflicts between the United States and China.