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A Study on the International Arbitration in Vietnam - focused on VIAC cases (베트남 상사중재제도에 관한 연구 - VIAC 사례를 중심으로)

  • Tran To Diem Hang;Sung-Ho Park
    • Korea Trade Review
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    • v.45 no.3
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    • pp.147-166
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    • 2020
  • As the volume of trade between Korea and Vietnam increases, the number and amount of commercial disputes between Korean and Vietnamese companies are increasing. In the case of Vietnam, due to differences in the arbitration system and norms due to the socialist state system, foreign companies lack confidence in the settlement of disputes through commercial arbitration in Vietnam. At this point, it is necessary to not only discuss commercial disputes and settlements, but also to closely review and understand Vietnam's commercial dispute settlement system. Therefore, this study examines the current status and characteristics of Vietnam's commercial disputes and analyzes the actual problems of Vietnam Commercial Arbitration System that arise through the arbitral award of the Vietnam International Arbitration Center (VIAC), Vietnam's representative arbitration agency, and precedents on the recognition and enforcement of foreign arbitration awards in Vietnamese courts. In the end, this study seeks to revitalize the Vietnam Commercial Arbitration so that each disputed party may quickly deal with the commercial disputes, and seeks a more smooth solution through commercial arbitration in future trade claims between Korean and Vietnamese companies.

Urban Communal Housing in North Korea from an Artistic Point of View ('건축예술'적 관점에서 살펴본 북한 공동살림집의 복합성)

  • Shin, Gunsoo
    • Journal of architectural history
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    • v.32 no.5
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    • pp.7-20
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    • 2023
  • This study aims to reveal the multilayered nature of the formal aspects of communal house architecture in North Korea. It is said that Kim Jong Il, who emerged as a successor after the mid-1970s, brought about a change in the architecture, leading the construction of a sculptural communal house on Gwangbok Street in 1989, and wrote The art of architecture (1992), which theorized architecture as an object of art. Therefore, it is widely perceived that the communal house was transformed from a simple form of living function to an artistic architecture with the rise of Kim Jong Il. This study, however, argues that this change was the result of an internal evolution in North Korean architecture, rather than a simple change in the position of an individual in power. It seeks to move away from the dichotomy that divides the communal house into two periods: the "KimIl-sung period," in which the communal house was laid out in a simple form to provide mass supply and a socialist lifestyle, and the "Kim Jong-il period," in which the communal house took on an artistic form, such as the Gwangbok Street communal house, in the early years of reconstruction. In the 1950s and 1960s, before KimJong-il's arrival, the communal house form was not simply a flat arrangement, but a three-dimensional and sculptural consideration of the effect on the cityscape.

Types and Characteristics of the Korean Medicine community Independence Movement During the Japanese colonial period (일제강점기 한의약계 독립운동 유형과 특징)

  • PARK Kyung-mok
    • The Journal of Korean Medical History
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    • v.36 no.2
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    • pp.27-48
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    • 2023
  • This study identifies 164 Korean medicine practitioners among the independence activists and describes the types and characteristics of their independence movements. Their occupations included apothecary pharmacist, herbalist, and medicine dealer. They originated from Gyeongbuk, Hamnam, Pyeongnam, and Gyeongnam, with a higher proportion of Hamnams compared to independence fighters. Their ages are concentrated in the 30s and 40s. Their movements are similar to those of independence heroes, in the order of domestic resistance, the March 1 Movement, and Manchurian resistance. The crimes are Security Law, Exorcism No. 7 of the 8th Reign of Daejeong, Public Order Maintenance Law, and attempted murder. In terms of sentences, the proportion of those sentenced to five years or more in prison is higher, and the proportion of those sentenced to less is lower. The above independence movements in Korean medicine practitioners are characterized by (1) the use of direct force, (2) long-term and planned struggle, (3) the provision of contact points and funding sources, (4) a nationalist line, and (5) low socialist-communist share.

A Study on Characteristics of Rural Planning in North Korea - Focused on the Urban-Rural Integration Strategy in Kim Il-Sung Era - (북한의 농촌 공간계획의 특징에 관한 연구 - 김일성 시기 도농연계이론을 바탕으로 -)

  • Kim, Mina
    • Journal of the Korean Institute of Rural Architecture
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    • v.21 no.4
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    • pp.9-16
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    • 2019
  • This study aims to identify the rural spatial structure and to establish the planning characteristics based on urban-rural connections strategy of North Korea. For this purpose, they were collected such as documents and drawings including primary data related to rural planning in North Korea, and the rural space were classified into three elements in order to analyze them by the rural planning's point of the view. Unlike generalized capitalist cities, socialist North Korean cities are characterized by the coexistence of urban and rural areas. This distinct feature of the city is also reflected in creating rural space in North Korea. Thus, The urban-rural integration in spatial planning is a key factor in understanding the spatial structure of North Korea. This study firstly examines the characteristics of the county(gun), the administrative and economic unit established in the post-war period, secondly, examines the planning method of town(eup) which can be called the urban center in rural areas, and lastly grasps the planning method of rural village focusing on collectivization and identifies how they are connected to the town for the shake of urban-rural integration. As a result, the characteristics of rural planning in North Korea has revealed that it has a comprehensive rural planning established with the goal of strengthening the self-sufficiency of the rural area by the means of the create of rural spatial hierarchy in the whole country.

and Historical Allegory (<친절한 금자씨>와 역사적 알레고리)

  • Han, Sang-Eon
    • The Journal of the Korea Contents Association
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    • v.13 no.6
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    • pp.86-94
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    • 2013
  • 2000s Korean cinema was influenced by capital, so it chose the way of Allegory instead of talking directly about sensitive issues. A representative movie director is Park Chan Wook who directed The Vengeance Trilogy. , The final part of Park Chan Wook's The Vengeance Trilogy, reflected Baroque Aesthetics. I analyzed focusing on Walter Benjamin's Allegory notion in this paper. Walter Benjamin said Allegory is different from a symbol which is represented by totality. Allegory means to reconstruct the fragment instinctively and to expose something repressed. The German Tragic Drama during the baroque period reflects this well. It is my argument that Park Chan Wook incorporated these underlying themes from German Tragic Drama into . He deconstructed the liberation and the birth myth of a nation, and he restored the socialist and anarchist who were completely excluded from history.

Problems of South-North Arbitral Cooperation under Agreement on Settlement Procedure of Commercial Disputes between south and north Korea (남북분쟁 해결합의서 체결에 따른 중재협력의 과제)

  • 김상호
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.3-35
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    • 2001
  • $\ulcorner$The South-North Joint Declaration$\lrcorner$ of June 15, 2000 made by President Kim Dae Jung and National Defense Committee Chairman Kim Jong Il will contribute to the activation of economic exchange between south and north Korea. To realize the fundamental spirit of the South-North Joint Declaration, the authorities concerned of south and north Korea have reached an agreement titled $\ulcorner$Agreement on Settlement Procedure of Commercial Disputes$\lrcorner$ last December. In this connection, a speedy and reasonable settlement of commercial disputes arising therefrom is becoming a problem of vital importance between south and north Korea. Also, south and north arbitral institutions have to consider a possible arbitration agreement carefully to solve the disputes systematically under the Agreement, which will serve as an example for similar arrangements and possible harmonization in East-West commercial relations. A variety of dispute settlements including friendly consultations, conciliation and arbitration will be used more frequently within the framework of the bilateral agreements of governmental or non-governmental level which have been concluded in the past between socialist and capitalistic economy countries. There is a growing tendency that East-West trade parties recognize and accept the UNCITRAL Arbitration Rules in their contracts. So it is advisable to use the UNCITRAL Rules in arbitrations of south and north Korea in case that the interested parties fail to agree on applicable rules. Finally it should be noted that pre-arbitral settlement called ‘joint conciliation’ should be reflected in the settlement mechanism of commercial disputes between south and north Korean parties as proved to be successful between the U.S. and China trade in the past.

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A Study for International Standardization of China Arbitration System (중국중재제도의 국제표준화에 대한 연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.117-138
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    • 2008
  • This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

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A Study on the Maritime Baseline of the Unified Korea's Northern Part : Focused on the State-Succession (통일한국 북측해역 기선설정에 관한 쟁점연구 - 국가승계론을 중심으로)

  • Ko, Myoung-Su
    • Strategy21
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    • s.38
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    • pp.163-192
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    • 2015
  • This study is intended for the Maritime Boundaries(Baseline) of the Unified Korea. According to the international law, North-Korea is recognized as a nation. Then with unification, the state succession will be a very important issue. Thus we should seek for the expected problems and counter-measures, by analyzing of the State-succession. There is a conflict of the positive or negative reaction about the state succession. However, in general, 'the principle of continuity' has been applied for at the national border treaty, regardless of the type of State succession. This can be found on Article 11 & 12 of the 「1978 Vienna Convention on Succession of States in Respect of Treaties」, Article 62, paragraph 2 of the 「1969 Vienna Convention on the Law of Treaties」, and a series of international case law. Currently it is being understood as customary international law. In summary, although South and North Korea, China, Russia and Japan are not the parties of 「1978 Vienna Convention」, the unified Korea will necessarily have a duty to succeed national boundaries(also, maritime baseline) of North Korea. Specifically, we have an objective and rigorous review of the treaty of maritime baseline that is signed between North Korea and neighboring countries, such as 「National Border Treaty Regime between North Korea and China」 and 「Treaty between the Union of Soviet Socialist Republics and the Democratic people's Republic of Korea on the Demarcation of the Soviet-Korea National Border」. Also, we analyzed 'Historical Bays' and 'Straight Baseline' system. By this, we are able to occupy a favorable position when renegotiating with neighboring countries, at the point of unification.

Unmanned Lunar Exploration Failure Case Analysis (해외 무인 달 탐사 실패 사례 분석)

  • Yang, Jeong-Hwan
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.48 no.3
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    • pp.233-242
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    • 2020
  • The history of mankind's lunar exploration began in 1958 with the United States of America "Pioneer 0" mission. In 1950s~1970s, the United States of America and Union of Soviet Socialist Republics carried out missions and experienced numerous failures to explore the moon. Since the 1990s, Japan, Europe, China and other Advanced country in Space technology have started to explore the moon and in 2016, Korea began to develop the lunar orbiter for lunar exploration. This paper analyzed the failure cases and causes of the lunar exploration in the USA and the USSR in the 1950s~1970s according to the mission purpose. Examples of mission delays, cancel, and failures that occurred during lunar exploration in post-1990s were presented. Through the investigation and analysis, this paper is intended to serve as a reference of the lunar exploration mission that Korea is working on or will be performing in the future.

Character Design of North Korean Puppet Animation : focused on Change of Distinct Feature Around 1985 (북한 인형영화의 캐릭터 디자인 : 1985년경 특징적 변화를 중심으로)

  • Moon, Jae-Cheol;Hong, Joo-Ok
    • The Journal of the Korea Contents Association
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    • v.10 no.11
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    • pp.113-124
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    • 2010
  • This article studies on the character design of North Korea's puppet animation around 1985. At that time North Korea's puppet animation are improved glaringly in quantitative side and qualitative side of modeling. There has been constant support nationalistically to puppet animation from the initial period of animation production in North Korea unlike South Korea, and North Korea communicated lively with European socialist countries where tradition of puppet animation is strong. We can discover structural and figurative change of distinct feature in character design in 1985. Structurally, experimental forms and correct movement of joint were possible, because they used ball and socket armature. Expressively, they established own esthetics of character design in puppet animation applying technique of korean traditional painting to character design: laconism, perspicuity, delicacy.