• Journal of Arbitration Studies
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• v.13 no.1
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• pp.169-205
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• 2003

Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

• Journal of Public Diplomacy
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• v.2 no.2
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• pp.27-52
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• 2022

Objectives: The neighboring countries of South Korea and Japan in Northeast Asia have interacted in both positive and negative ways, at times as close partners and other times adversaries, throughout their long and thorny history of extensive dynamics. The controversial dispute over Dokdo is one of the most critical issues evoking harsh tensions and arguments asserting wholly opposite claims. Dokdo is a small island between two coastal states, but significant in terms of territorial, botanical, and marine resources, and thus ownership of the island has become a point of conflict accompanied by a troubled history. But why has Dokdo been a source of conflicts and how should the controversial Dokdo issue be addressed in a way that fosters positive influence and co-prosperity? Methods: This study provides comprehensive and critical insights from a wealth of previous research and strategic suggestions for the Korean government. It utilizes the three perspectives of historical documents and political context, international regulations and legal frames, and public diplomacy. Furthermore, it applies these resources to negotiation theories and strategies to propose reasonable solutions. Results: This study suggests that it is important for Korea and Japan to try to build mutual trust through more active communication and interaction in order to understand each other before attempting to create a formal resolution via negotiation. In addition to these efforts, Korea needs to be ready for the inevitable need to take decisive action in terms of negotiation, using analytic and efficient strategies. The study proposes three solutions: 1) Strong Action Strategy, 2) International Legal Strategy, and 3) Public Diplomacy Strategy. Conclusions: From the perspective of public diplomacy, the Dokdo issue needs to be converted from a symbol of conflicts between Korea and Japan into a symbol of peace and co-prosperity. In addition to promoting a positive relationship between the two states, it can also contribute to the security environment of the Northeast Asian region and global peace.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• The Journal of Fisheries Business Administration
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• v.40 no.2
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• pp.49-70
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• 2009

This study proviedes GARCH model(Bollerslev, 1986) to analyze the structural characteristics of price volatility in domestic aquacultural fish market of Korea. As a case study, flatfish and rock-fish are analyzed as major species with relatively high portion in an aspect of production volume among fish captured in Korea. For analyzing, this study uses daily market data (dating from Jan 1 2000 to June 30, 2008) published by the Noryangjin Fisheries Wholesale Market which is located in Seoul of Korea. This study performs normality test on trading volume and price volatility of flatfish and rock-fish as an advanced empirical approach. The normality test adopted is Jarque-Bera test statistic. As a result, first, a null hypothesis that "an empirical distribution follows normal distribution" was rejected in both fishes. The distribution of daily market data of them were not only biased toward positive(+) direction in terms of kurtosis and skewness, but also characterized by leptokurtic distribution with long right tail. Secondly, serial correlations were found in data on market trading volume and price volatility of two species during very long period. Thirdly, the results of unit root test and ARCH-LM test showed that all data of time series were very stationary and demonstrated effects of ARCH. These statistical characteristics can be explained as a reasonable ground for supporting the fitness of GARCH model in order to estimate conditional variances that reveal price volatility in empirical analysis. From empirical data analysis above, this study drew the following conclusions. First of all, from an empirical analysis on potential effects of seasonality and the day of week on price volatility of aquacultural fish, Monday effects were found in both species and Thursday and Friday effects were also found in flatfish. This indicates that Monday is effective in expanding price volatility of aquacultural fish market and also Monday has higher effects upon the price volatility of fish than other days of week have since it has more new information for weekend. Secondly, the empirical analysis led to a common conclusion that there was very high price volatility of flatfish and rock-fish. This points out that the persistency parameter($\lambda$), an index of possibility for current volatility to sustain similarly in the future, was higher than 0.8-equivalently nearly to 1-in both flatfish and rock-fish, which presents volatility clustering. Also, this study estimated and compared and model that hypothesized normal distributions in order to determine fitness of respective models. As a result, the fitness of GARCH(1, 1)-t model was better than model where the distribution of error term was hypothesized through-distribution due to characteristics of fat-tailed distribution, was also better than model, as described in the results of basic statistic analysis. In conclusion, this study has an important mean in that it was introduced firstly in Korea to investigate in price volatility of Korean aquacultural fishery products, although there was partially a limited of official statistic data. Therefore, it is expected that the results of this study will be useful as a reference material for making and assessing governmental policies. Also, it is looked forward that the results will be helpful to build a fishery business plan as and aspect of producer, and also to take timely measures to potential price fluctuations of fishery products in market. Hence, it is advisable that further studies related to such price volatility in fishery market will extend and evolve into a wider variety of articles and issues in near future.

• Journal of Korean Academy of Nursing
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• v.28 no.4
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• pp.1047-1059
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• 1998

Senile Dementia is one of the dispositional mental disorder which has been known to the world since Hippocratic age. It has become a wide-spread social problem all over the world because of chronic disease processes and the demands of dependent care for several years as well as improbability of treatment of it at the causal level. Essentially, life styles of the older generation differ from those of the younger generation. While the fomer is used to the patriarchal system and the spirit of filial piet and respect, the latter is pragmatized and individualized under the effects of the Western material civilization. These differences between the two generations cause conflict between family members. In particular, the pain and conflict of care-givers who take care of a totally dependent dementia patient not only is inciting to the collapse of the family union, but is expanding into a serious social problem. According to this practical difficulty, this study has tried to compare dementia care-givers' experiences inter-culturally and to help set up more proper nursing interventions, describing and explaining them through ethnographies by participant observation and in-depth interviews that enable seeing them in a more close, honest and certain way. It also tries to provide a theoetical model of nusing care for dementia patients which is proper to Korean culture. This study is composed of 12 participants (4 males, 8 females) whose ages range from 37-71 years. The relations of patients are 5 spouses(3 husbands, 2 wives), 4 daughters-in-law, 2 daughters, and 1 son-in-law. The following are the care-givers' meaning of experiences that results of the study shows. The first is "psychological conflict". It contains the minds of getting angry, reproaching, being driven to dispair, blaming oneself, giving up lives, and being afraid, hopeless, and resigned. The second is "physical, social and psychological pressure" . At this stage, care-givers are shown to be under stress of both body and soul for the lack of freedom and tiredness. They also feel constraint because they hardly cope with the care and live through others' eyes. The third is "isolation". It makes the relationship of patient care-giver to be estranged, without understanding each other. They, also, experience indifference such as being upset and left alone. The forth is "acceptance" They gradually have compassion, bear up and then adapt themselves to the circumstances they are in. The fifth is "love". Now they learn to reward the other with love. It is also shown that this stage contains the process of winning others' recognition. The final is "hope". In this stage they really want situations to go smoothly and hope everything will be O.K. These consequences enable us to summarize the principles of cue experience such as, in the early stage, negative response such as physical·psychological confusion, pain and conflict are primary. Then the stage of acceptance emerges. It is an initial positive response phase when care-givers may admit their situations. As time passes by a positive response stage emerges. At last they have love and hope. Three stages we noted above : however, there are never consistent situations. Rather it gradually comes into the stage of acceptance, repeating continuous conflict, pressure and isolation. If any interest and understanding of families or the support of surrounding society lack, it will again be converted to negative responses sooner or later. Otherwise, positive responses like hope and love can be encouraged if the family and the surroundings give active aids and understanding. After all, the principles of dementia care experiences neither stay at any stage, nor develop from negative stages to positive stages steadily. They are cycling systems in which negative responses and positive responses are constantly being converted. I would like to suggest the following based on the above conclusions : First, the systematic and planned education of dementia should be performed in order to enhance public relations. Second, a special medical treatment center which deals with dementia, under government's charge, should be managed. Third, the various studies approaching dementia care experiences result in the development of more reasonable and useful nursing guidelines.

• Journal of International Area Studies (JIAS)
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• v.14 no.4
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• pp.79-106
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• 2011

The cultural contents industries have moved closer to the centre of the economic action in many countries and across much of the world. For this reason, the concern with the development of glocal cultural contents has also been growing. According to Goldman Sock's BRICs report, Indian economy will be the engine of global economy with China. In addition, India will be a new blue chip country for large consumer market of cultual contents. The most important point for the development of glocal cultural contents is a systematic and in-depth analysis of other culture. India is a complex and multicultural country compared with Korea which is a nation-state. Therefore, this paper is intended as an understanding about India appropriately and suggestion for a strategy to enter cultural industry in India. As the purpose of this paper is concerned, we will take a close look at 9 Indian culture codes which can be classified into three main groups: 1) political, social and cultural codes 2) economic codes 3) cultural contents codes. Firstly, political, social and cultural codes are i) consistent democracy and saving common people, ii) authoritarianism which appears an innate respect for authority of India, iii) Collective-individualism which represents collectivist and individualistic tendency, iv) life-religion, v) carpe diem. Secondly, economic culture codes are vi) 1.2billion Indian people's God which represents money and vii) practical purchase which stands for a reasonable choice of buying products. Lastly, viii) Masala movie and ix) happy ending that is the most popular theme of Masala movies are explained in the context of cultural content codes. In conclusion, 3 interesting cases , , will be examined in detail. From what has been discussed above, we suggest oversea expansion strategy based on these case studies. Eventually, what is important is to understand what Indian society is, how Indian society works and what contents Indian prefers.

• Korean Journal of Heritage: History & Science
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• v.38
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• pp.305-327
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• 2005

Although the stone pagoda in Mireuk Temple site, Iksan, Cholla Province has been collapsed long time ago, few historical record has clearly explained the reason why the pagoda was collapsed and when. The west side of the pagoda have been destroyed from top to the sixth floor and the broken or damaged stone materials have been piled up in disorder. the lower part in the west was reinforced and enclosed by a stone embankment levelled to the height of the first storey of the pagoda. With no record informing the historical fact when it was made and by whom, it is only presumed that the embankment may have been built long time ago in order to prevent remains from further destruction. In the second chapter of the study, it has been tried to restore a reasonable historical background of the pagoda based on records or comments found in literatures such as traditional poetry and essays in chronological order. The collapsed slope in the west side, just above the embankment surrounding the lower part of the pagoda, was concreted in 1915 during the Japanese colonial period. Then in 1998, the Jeollabukdo has examined the structural safety of the pagoda. The Cultural Properties Committee has decided have the concrete layer removed and moreover to take apart the whole pagoda. It is also included that the disassembled stone materials should be given proper conservation treatments before being put into the place where they were in the reassembling process. The front view of the collapsed phase of the pagoda was revealed when the concrete-covered layer was removed. A hypothesis was built that there may be as many different appearances of collapsed pagoda depending on natural causes such as earthquake, sunken foundation, flood and typhoon. In chapter three, characteristic features were classified by examining various images of pagodas destroyed by different natural reasons mentioned in historical records. The chapter four dealt with comparison and analysis on the conditions shown in the stone pagoda in Mireuk Temple site and other examples studied in advance. The result of the study revealed that though having been made higher than the ground surface, the podium or the base of the pagoda actually has been eroded by rain and water. The erosion is supposed not only to have been proceeded for a long time without break but also to have caused the first storey body stone in the west inclined to outward. It has come to a conclusion that the pagoda may have been lead to collapse when the first storey body stone, supporting the whole weight from the upper storeys, became out of upright position and lost its balance. However, no such distinctive features of structural changes shown in pagodas collapsed by natural causes like earthquake, typhoon or sunken basement, have been found in the stone pagoda in Mireuk Temple site.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• The Journal of Fisheries Business Administration
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• v.17 no.2
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• pp.65-106
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• 1986

1, The Purpose of Study This is a study on the Evaluation of the operating of Fisheries Extension Services of Korea, for performing the activities such as guiding fisheries technique as well as offering industrial information to the fishermen in fishing village. By doing so, the Fisheries Extension Sevices(FES) can materialize the continued growth of fisheries, the social and economic development of fishing village, and the increase in income by enhancing the knowledge level of Fishermen, etc. In performing fisheries policy, this activity plays a great role on the research and development activity, and it has become practical since 1976 in Korea. In order to meet immediately with the problem of fisheries technical innovation and rapid environmental changes surrounding the fisheries, the fishermen should not only enhance their scientific and comprehensive capacity in fisheries technique but abtain various effective information. Generally, as most of all the fishemen are poor in the managerial structure and scattered in fishing villages, they have little opportunity in the contact of information. As a result, it is nessessary for the FES to perform the fishing business by the extension service officials who has received special training and acquired fisheries know-how in these fields. And yet, FES is under the unfullfilled circumstance in such factors as manpower, technical know-how, equipment, and the service system etc., which is required in promoting the social, economic development of fishing village and in resolving the high technique demand of fisherman. This study on the fisheries extension services have been studied from those backgrounds. 2. Research Method The data of collecting methods which were necessary in carrying out this study was adopted by the questionaire research on the present extension service activity, through the subject of the extension services (driving agency of the work and the officials), the object(fishemen) and the 3rd observers to the extension services (the authorities concerned). The research sample was taken by the sampling extraction of total 1, 774 men from the above 3 groups. And the research was carried out from August, 1986 to October, 1986, supported from the Fisheries Extension Office (FEO) located in field during the research process. In this study, the levels of the extension operating were determined and estimated in accordance with the extension service method, morale of extension service officials and the extension service system, etc. through the collected data of the research questionaire paper. And based on this result, the essential conditions of the extension services were grasped, and also we tried to present the various activity plan necessary to promote the operating of the extension services. The questionaire research data was calculated by the computer center of National Fisheries University of Pusan, and the total result was again tried on the one demension analysis along with two dimension analysis to search out the relativity between the questionaire, and the statistical test was done $\chi$$^2$test in significance level of l~5%. 3. Contents of Study This study consists of 7 chapters and the contents are as follows : Chapter I : The object and method of the study Chapter II : The assessment and analysis of the extension services Chapter III : The contents and method of the extension services Chapter IV : Analysis of the essential conditions for the extension services Chapter V : The evaluation of activities of extension services Chapter Ⅵ : Conclusion.4. Results and RecommendationTherefore, the results of this study estimated by logical process and analysis are as follows : 1) Most of Korean fishing villages and coastal fishermen have shown much concerns about fisheries technique and social changes, thus many of them were confronted with new problems on how to adapt and to meet changes. 2) Majority of fishermen estimated FEO as an organization of specific technologies with all the thing concerning the fisheries technique in general. Therefore the fishermen wanted to utilize the FEO as an adaptable method for the modern fisheries techniques as well as the environmental changes. 3) In contrast with the fast changes of the fisheries technique, the complexity and variety of technical system and the broadness of fishing village and fishermen, it was revealed that the necessary factors such as the facilities, manpower, budget, and the level of applying techniques of the FEO located in field were highly insufficient. Accordingly, the guiding efficiency was low and the extension services did not provide full solution to the various request from fishermen. 4) It is possible to classify the activation factor for the extension service into two large dimension ; personal dimension relevant to guidance officials and work dimension relevant to the organization. And it was found that the activation level of the work dimension was far lower than the personal dimension between them. So, the activation should be done first in the dimesion to promote the activation of the extension services. 5) The extension services officials are now demoralized in general, thus it is necessary to take reality into consideration : the expense of activity, the adequate endowment of activity scope and the reasonable operation of the position class, etc to enhance its morale. However, in order to do the FES activation, first of all, the systems should be established which is lain unsettled stage until now. And there must be change in the understanding of government i.e. the fisheries extension services are the essential policy subject to build up the base of fisheries growth and modernize the fisheries management. And it should be driven positively with the recognition of the "lasting project".g project".uot;.

• Applied Biological Chemistry
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• v.15 no.1
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• pp.77-84
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• 1972

A field experiment was conducted to determine the factors responsible in limiting nutrient up take and root activity in low productive paddy fold. Radiosotope of phosphorus-32 was used as a tracer. Results of the study were as follows: 1. On yield components responsible for increase yield indicated that number of ears per panicle and ripening ratio were closely related to increase yield. 2. Root volume or root feeding area has significant influence in increasing rice yield. 3. Root volume indicative of root activity and nutrient uptake can be effected by reasonable water control. 4. The combined application of calcium, silica, and magnesium(as a fused magnesium phosphate. the Kyun-gi Chemical Co. products.) with water control, although under conditions of large amount application of nitrogen, was found to be increased the maturing rate. 5. In the plots of water control, the number of roots per one volume were less than that of the continuous flooding plots, but the weight per root was heavier than the flooding plot ones. 6. Improvement of the present native culture method could effectively increase paddy rice yield.