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A Case Study on the Investor-State Dispute Relevant a Public Policy and the Domestic Implications (공공정책 관련 ISD 소송의 국내적 시사점 연구 -우리나라 관련 ISD사건을 중심으로-)

  • Kim, In-Sook
    • Journal of Legislation Research
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    • no.55
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    • pp.193-237
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    • 2018
  • The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

Calculation method and application of natural frequency of integrated model considering track-beam-bearing-pier-pile cap-soil

  • Yulin Feng;Yaoyao Meng;Wenjie Guo;Lizhong Jiang;Wangbao Zhou
    • Steel and Composite Structures
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    • v.49 no.1
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    • pp.81-89
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    • 2023
  • A simplified calculation method of natural vibration characteristics of high-speed railway multi-span bridge-longitudinal ballastless track system is proposed. The rail, track slab, base slab, main beam, bearing, pier, cap and pile foundation are taken into account, and the multi-span longitudinal ballastless track-beam-bearing-pier-cap-pile foundation integrated model (MBTIM) is established. The energy equation of each component of the MBTIM based on Timoshenko beam theory is constructed. Using the improved Fourier series, and the Rayleigh-Ritz method and Hamilton principle are combined to obtain the extremum of the total energy function. The simplified calculation formula of the natural vibration frequency of the MBTIM under the influence of vertical and longitudinal vibration is derived and verified by numerical methods. The influence law of the natural vibration frequency of the MBTIM is analyzed considering and not considering the participation of each component of the MBTIM, the damage of the track interlayer component and the stiffness change of each layer component. The results show that the error between the calculation results of the formula and the numerical method in this paper is less than 3%, which verifies the correctness of the method in this paper. The high-order frequency of the MBTIM is significantly affected considering the track, bridge pier, pile soil and pile cap, while considering the influence of pile cap on the low-order and high-order frequency of the MBTIM is large. The influence of component damage such as void beneath slab, mortar debonding and fastener failure on each order frequency of the MBTIM is basically the same, and the influence of component damage less than 10m on the first fourteen order frequency of the MBTIM is small. The bending stiffness of track slab and rail has no obvious influence on the natural frequency of the MBTIM, and the bending stiffness of main beam has influence on the natural frequency of the MBTIM. The bending stiffness of pier and base slab only has obvious influence on the high-order frequency of the MBTIM. The natural vibration characteristics of the MBTIM play an important guiding role in the safety analysis of high-speed train running, the damage detection of track-bridge structure and the seismic design of railway bridge.

A Study on the Estimation of the Number of Dental Hygienist and Their Practice (치과위생사 인력추계와 업무범위에 관한 고찰)

  • Shin, Sun-Jung;Son, Jung-Hee;Choi, Yong-Keum;Ryu, Da-Young;Ma, Deuk-Sang
    • Journal of dental hygiene science
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    • v.7 no.1
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    • pp.25-30
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    • 2007
  • The objective of this study is to suggest the utilization of educated dental hygienist as the solution to the problem of supply and demand in dental clinics that has been brought up recently. Through document research and National Health Personnel Licensing Examination Board homepage, we estimated the number of dental hygienist and the condition of employment as well as gotten a grasp of the current activities carried out by dental hygienists. Furthermore, through discussion of researchers, suggested reform bills to guarantee and extend the work of dental hygienists as well as to train dental assistant. The findings were as follows: As the result of the estimation of dental hygienist, in the year 2009, two dental hygienists structure will be formed in each dental clinic. Currently the practice ratio of non-law activities of dental hygienists is high and in order to increase the practical use of dental hygienists, there is a need to reform bills that guarantee and extend the work of dental hygienists. In order to train new labors, there is a need for cautious consideration to distinguish the activities of existing trained labors, reforming of bills, and considering from various other sectors. From present point of view, solving the problem of existing trained dental hygienists, researching for the plan of utilizing dental hygienists and carrying it into practice must be the priority.

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Syugendo(修驗道) and Noh(能) Performance (수험도(修驗道)와 노(能) - 노 <다니코(谷行)>의 작품분석을 중심으로 -)

  • Kim, Hyeonwook
    • (The) Research of the performance art and culture
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    • no.23
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    • pp.37-61
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    • 2011
  • The Noh(能) performance is a traditional drama that represents Japan. The Noh performance was approved in the background of religious thought such as Shintoism(神道), Buddhisms(佛敎), and Syugendo(修驗道). Especially, the influence from Shugendo is large. Shugendo was active in the Middle Ages. Especially, the influence from Shugendo is large. Shugendo was active in the Middle Ages. The Noh was approved while receiving a large influence from Shugendo. It can know the feature of the Shugen(修驗) culture in the Middle Ages through the consideration of . Moreover, the appearance of the training of 'Yamabusi(山伏)' can be seen. "Yamabusi" has not been paid to attention up to now in the research of . And, the focus was appropriated to Yamabusi and it researched in this text. Moreover, the problem of "Chigo(稚子)" is thought through . "Chigo culture" was general in the Middle Ages. It is thought that "Chigo culture" is reflected in . is an Noh performance for the boy named 'Wakamatsu' to enter the mountain and to train. It is because mother's sickness was cured. However, the boy gets sick while it is training. It was dropped to the valley according to the law of Shugendo, and it died. However, it revives by the Yamabusi's prayers. 'Taniko' is to drop to the valley and to bury it when the Yamabusi gets sick while lived. The title of the Noh originated in here. has elements of history, content of training of Shugendo, "Filial piety", and the Chigo culture, etc. These are features of the culture in the Middle Ages. It is not only a sad content though this is a content of the cruel remainder. It is because of the revival though waited rapidly at the end. As for the difficulty of training is drawn in the round, and the appearance of the training at that time is understood well. The essence of Shugendo is to train in the mountain. Supernatural power can be obtained through training. Moreover, it was thought that it was able to be newly reborn through training. The leading part of Shugendo is an Yamabusi. The Yamabusi took an active part in not only the mountain but also the village. The Yamabusi is ordinary people's lives and because the relation is deep, an important factor it knows the folk customs of Japan. The word 'Chigo' is not written in . However, a spectator at that time is 'Chigo' Wakamatsu and is already sure to have understood 'Chigo'. Because everyone knew the Chigo culture in the Middle Ages. A religion at that time and knowledge of the society are necessary to understand the play of Nho well.

A Study on the Introduction of Performance Certification System of Inspection and Diagnostic Equipment for Infrastructure (시설물 진단장비의 성능인증제 도입에 관한 연구)

  • Hong, Sung-Ho;Kim, Jung-Gon;Cho, Jae-Young;Kim, Do-Hyoung;Kim, Jung-Yeol;Kim, Young-Min
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.104-115
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    • 2022
  • Purpose: Infrastructure inspection and its diagnostics technique have been rapidly developing recently. Therefore, it is important to secure the reliability of diagnostic equipment, and this paper deals with inspection of diagnostic equipment, introduction to a certification system and development plans for infrastructure. Method: Several certification systems are established and introduction plans are reviewed through experts by synthesizing the contents of certification research for existing infrastructure diagnosis equipment. In addition, the revision of the law for introduction of the system is reviewed, detailed operation regulations are prepared and phased development plans are reviewed, which are based on the operation scenario. Result: Inspection and certification plans were constructed through four routes in order to consider infrastructure inspection and diagnostic equipment in use, and new diagnostic equipment using state-of-the-art technology. Furthermore, market confusion depending on the introduction of a new certification system is minimized and reliability is secured by transforming a simple inspection system in the short term into a formal certification system in the long term. The law amendments according to the introduction of the system were reviewed and detailed operation regulations were developed. Also, phased development plans, which are based on the long-term development scenario including manpower, infrastructure and specifications, were presented. Conclusion: It is important to secure reliability through the distribution and certification of diagnostic equipment using 4th industrial technology to strengthen the safety management of infrastructure at the national level since the infrastructure is various in type and increasingly large in size. It is also essential to train human resources who can use new technology with inspection and diagnosis system in order to enhance the safety management of all infrastructures. Moreover, it is necessary to introduce a regular inspection system for infrastructure that combines loT technology in the long-term point of view and to promote the introduction by giving active incentives to institutions that actively accept it.

A Study on the Establishment of Comparison System between the Statement of Military Reports and Related Laws (군(軍) 보고서 등장 문장과 관련 법령 간 비교 시스템 구축 방안 연구)

  • Jung, Jiin;Kim, Mintae;Kim, Wooju
    • Journal of Intelligence and Information Systems
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    • v.26 no.3
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    • pp.109-125
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    • 2020
  • The Ministry of National Defense is pushing for the Defense Acquisition Program to build strong defense capabilities, and it spends more than 10 trillion won annually on defense improvement. As the Defense Acquisition Program is directly related to the security of the nation as well as the lives and property of the people, it must be carried out very transparently and efficiently by experts. However, the excessive diversification of laws and regulations related to the Defense Acquisition Program has made it challenging for many working-level officials to carry out the Defense Acquisition Program smoothly. It is even known that many people realize that there are related regulations that they were unaware of until they push ahead with their work. In addition, the statutory statements related to the Defense Acquisition Program have the tendency to cause serious issues even if only a single expression is wrong within the sentence. Despite this, efforts to establish a sentence comparison system to correct this issue in real time have been minimal. Therefore, this paper tries to propose a "Comparison System between the Statement of Military Reports and Related Laws" implementation plan that uses the Siamese Network-based artificial neural network, a model in the field of natural language processing (NLP), to observe the similarity between sentences that are likely to appear in the Defense Acquisition Program related documents and those from related statutory provisions to determine and classify the risk of illegality and to make users aware of the consequences. Various artificial neural network models (Bi-LSTM, Self-Attention, D_Bi-LSTM) were studied using 3,442 pairs of "Original Sentence"(described in actual statutes) and "Edited Sentence"(edited sentences derived from "Original Sentence"). Among many Defense Acquisition Program related statutes, DEFENSE ACQUISITION PROGRAM ACT, ENFORCEMENT RULE OF THE DEFENSE ACQUISITION PROGRAM ACT, and ENFORCEMENT DECREE OF THE DEFENSE ACQUISITION PROGRAM ACT were selected. Furthermore, "Original Sentence" has the 83 provisions that actually appear in the Act. "Original Sentence" has the main 83 clauses most accessible to working-level officials in their work. "Edited Sentence" is comprised of 30 to 50 similar sentences that are likely to appear modified in the county report for each clause("Original Sentence"). During the creation of the edited sentences, the original sentences were modified using 12 certain rules, and these sentences were produced in proportion to the number of such rules, as it was the case for the original sentences. After conducting 1 : 1 sentence similarity performance evaluation experiments, it was possible to classify each "Edited Sentence" as legal or illegal with considerable accuracy. In addition, the "Edited Sentence" dataset used to train the neural network models contains a variety of actual statutory statements("Original Sentence"), which are characterized by the 12 rules. On the other hand, the models are not able to effectively classify other sentences, which appear in actual military reports, when only the "Original Sentence" and "Edited Sentence" dataset have been fed to them. The dataset is not ample enough for the model to recognize other incoming new sentences. Hence, the performance of the model was reassessed by writing an additional 120 new sentences that have better resemblance to those in the actual military report and still have association with the original sentences. Thereafter, we were able to check that the models' performances surpassed a certain level even when they were trained merely with "Original Sentence" and "Edited Sentence" data. If sufficient model learning is achieved through the improvement and expansion of the full set of learning data with the addition of the actual report appearance sentences, the models will be able to better classify other sentences coming from military reports as legal or illegal. Based on the experimental results, this study confirms the possibility and value of building "Real-Time Automated Comparison System Between Military Documents and Related Laws". The research conducted in this experiment can verify which specific clause, of several that appear in related law clause is most similar to the sentence that appears in the Defense Acquisition Program-related military reports. This helps determine whether the contents in the military report sentences are at the risk of illegality when they are compared with those in the law clauses.

A study on the case of education to train an archivist - Focus on archival training courses and the tradition of archival science in Italiy - (기록관리전문가의 양성교육에 관한 사례연구 -이탈리아의 기록관리학 전통과 교육과정을 중심으로-)

  • Kim, Jung-Ha
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.201-230
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    • 2001
  • Conserving the recored cultural inheritance is actually the duty of all of us. Above all, the management and conservation of archives and documents is up to archivists who have technical knowledge about archival science. Archivists have to not only conserve archives and documents but also carry out classifying and appraising them in order to define them as current historic ones. The fundamental education about archival science is made up of history and law. Because Archive is the organisation which manage archives and documents produced by legal and administrative actions. Although there are still arguments about technical knowledge and degree archivists have to acquire, most of them prefer the studies related with history and emphasize legal studies to be the general boundary of archivits' ideology and trust. The training course about conservation of archives is conducted in about 9 National Archives of Torino, Milano, Venezia, Genova, Bologna, Parma, Roma, Napoli, Palermo. The training course in 19th was mostly based on the lectures of Phaleography, Diplomatics. There were not the education about archival science yet. Toward the end of 19th and 20th, people stressed the most basic subject in the training course of National Archive was not Phaleography and Diplomatics but archival science. The goal of archival science is to study the institution and organisation transferring archives and documents to Archive. And also it help archivists not wander about with ignorance of organisational and original procedures and divisions but know exactly theirs works. Like this, the studies on institution and organisation have got in the saddle as a branch of archival science since a few ten years. While archival science didn't evoke sympathy among people and experienced the tedious and difficult path in italy and other countries, Archive was managed by experts of other branches. As a result, there were a lot of faults in Archival Science. Specializing training course for Italian archivists came into being under the backdrop of Social Science Institute of Roma National University in 1925. The archival course of universities accomplished by the studies of history, law and economy. And such as Eugenio Casanova and Giorgio Cencetti were devoted archival science was abled to settle down in national archive. The training course for experts of 'archival science, 'Phaleography and Diplomatics' in National Archive of Bologna(Archivio di Stato di Bologna) is one of courses conducted in 17 National Archives in italy. This course is gratuitous and made up of 8 subjects(Archivistica, Paleografia, Diplomatica, Storia dell' Archivio, Notariato e documenti privati, istituzione medievale, istituzione moderna, istituzione contemporanea) students have to complete for two years. Students can receive the degree through passing twice written exam and once oral test. After department of Culture and education finally puts the marks of students, the chief Nationa Archive of Bologna confer the degree of 'archival science Phaleography and Diplomatics' on students passing the exams. This degree authenticates trainees' qualification which enables him to work at the archive in province, district and administrative capital city and archive of comunity and so on. Italian training course naturally leads archivists to keep in contact with valuable cultural inheritance through training in Archive. And it shows the intention to strengthen the affinity with each documents in the spot of archival management before training archivists. Also this is appraised as one of positive policies to conserve the local cultual inheritante in connection with the original qualitity of national archive with testify the history of each region. Traning course for archivist in Italy shows us the way how we have to prepare and proceed it. First, from producing documents to conserving than forever there has introduced 'original order that is to say a general rule to respect the first order given at the time producing documents'. Management of administrative documents is related consistently with one of historical documents. Second, the traning course for archivist is managing around 17 national archives. because italian national archive lay stress not or rducation of theory bus on train for archivest working in the first time of archival science. Third, diplomatics and phaleography for studies about historical document support archives. Forth, the studies on history id proceeding by cooperation between archivist and historian around archive. How our duties is non continuinf disputer who has to conserve and manage document and archives, but traing experts who having ability, vision and flexible thought, responsibility about archivals.

A Study on Differences of Opinions on Home Health Care Program among Physicians, Nurses, Non-medical personnel, and Patients. (가정간호 사업에 대한 의사, 간호사, 진료관련부서 직원 및 환자의 인식 비교)

  • Kim, Y.S.;Lim, Y.S.;Chun, C.Y.;Lee, J.J.;Park, J.W.
    • The Korean Nurse
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    • v.29 no.2
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    • pp.48-65
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    • 1990
  • The government has adopted a policy to introduce Home Health Care Program, and has established a three stage plan to implement it. The three stage plan is : First, to amend Article 54 (Nurses for Different Types of Services) of the Regulations for Implementing the Law of Medical Services; Second, to tryout the new system through pilot projects established in public hospitals and clinics; and third, to implement at all hospitals and equivalent medical institutions. In accordance with the plan, the Regulation has been amend and it was promulgated on January 9,1990, thus establishing a legal ground for implementing the policy. Subsequently, however, the Medical Association raised its objection to the policy, causing a delay in moving into the second stage of the plan. Under these circumstances, a study was conducted by collecting and evaluating the opinions of physicians, nurses, non-medical personnel and patients on the need and expected result from the home health care for the purpose of help facilitating the implementation of the new system. As a result of this study, it was revealed that: 1. Except the physicians, absolute majority of all other three groups - nurses, non-medical personnel and patients -gave positive answers to all 11 items related to the need for establishing a program for Home Health Care. Among the physicians, the opinions on the need for the new services were different depending on their field of specialty, and those who have been treating long term patients were more positive in supporting the new system. 2. The respondents in all four groups held very positive view for the effectiveness and the expected result of the program. The composite total of scores for all of 17 items, however, re-veals that the physicians were least positive for the- effectiveness of the new system. The people in all four groups held high expectation on the system on the ground that: it will help continued medical care after the discharge from hospitals; that it will alleviate physical and economic burden of patient's family; that it will offer nursing services at home for the patients who are suffering from chronic disease, for those early discharge from hospital, or those who are without family members to look after the patients at home. 3. Opinions were different between patients( who will receive services) and nurses (who will provide services) on the types of services home visiting nurses should offer. The patients wanted "education on how to take care patients at home", "making arrangement to be admitted into hospital when need arises", "IV injection", "checking blood pressure", and "administering medications." On the other hand, nurses believed that they can offer all 16 types of services except "Controlling pain of patients", 4. For the question of "what types of patients are suitable for Home Health Care Program; " the physicians, the nurses and non-medical personnel all gave high score on the cases of "patients of chronic disease", "patients of old age", "terminal cases", and the "patients who require long-term stay in hospital". 5. On the question of who should control Home Health Care Program, only physicians proposed that it should be done through hospitals, while remaining three groups recommended that it should be done through public institutions such as public health center. 6. On the question of home health care fee, the respondents in all four groups believed that the most desireable way is to charge a fixed amount of visiting fee plus treatment service fee and cost of material. 7. In the case when the Home Health Care Program is to be operated through hospitals, it is recommended that a new section be created in the out-patient department for an exclusive handling of the services, instead of assigning it to an existing section. 8. For the qualification of the nurses for-home visiting, the majority of respondents recommended that they should be "registered nurses who have had clinical experiences and who have attended training courses for home health care". 9. On the question of if the program should be implemented; 74.0% of physicians, 87.5% of non-medical personnel, and 93.0% of nurses surveyed expressed positive support. 10. Among the respondents, 74.5% of -physicians, 81.3% of non-medical personnel and 90.9% of nurses said that they would refer patients' to home health care. 11. To the question addressed to patients if they would take advantage of home health care; 82.7% said they would if the fee is applicable to the Health Insurance, and 86.9% said they would follow advises of physicians in case they were decided for early discharge from hospitals. 12. While 93.5% of nurses surveyed had heard about the Home Health Care Program, only 38.6% of physicians surveyed, 50.9% of non-medical personnel, and 35.7% of patients surveyed had heard about the program. In view of above findings, the following measures are deemed prerequisite for an effective implementation of Home Health Care Program. 1. The fee for home health care to be included in the public health insurance. 2. Clearly define the types and scope of services to be offered in the Home Health Care Program. 3. Develop special programs for training nurses who will be assigned to the Home Health Care Program. 4. Train those nurses by consigning them at hospitals and educational institutions. 5. Government conducts publicity campaign toward the public and the hospitals so that the hospitals support the program and patients take advantage of them. 6. Systematic and effective publicity and educational programs for home heath care must be developed and exercises for the people of medical professions in hospitals as well as patients and their families. 7. Establish and operate pilot projects for home health care, to evaluate and refine their programs.

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