• Title/Summary/Keyword: Time Delay

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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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A Numerical and Experimental Study for Fry-drying of Various Sludge (슬러지 유중 건조에 대한 전산 해석 및 실험적 연구)

  • Shin, Mi-Soo;Kim, Hey-Suk;Kim, Byeong-Gap;Hwang, Min-Jeong;Jang, Dong-Soon;Ohm, Tae-In
    • Journal of Korean Society of Environmental Engineers
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    • v.32 no.4
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    • pp.341-348
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    • 2010
  • The basic principle of fry drying process of sludge lies in the rapid pressure change of sludge material caused by the change of temperature between oil and moisture due to the difference of specific heat. Therefore, the rapid increase of pressure in drying sludge induces the efficient moisture escape through sludge pores toward heating oil media. The object of this study is to carry out a systematic investigation of the influence of various parameters associated with the sludge fry drying processes on the drying efficiency. To this end, a series of parametric experimental investigation has been made together with the numerical calculation in order to obtain typical drying curves as function of important parameters such as drying temperature, sludge diameter, oil type and sludge type. In the aspect of frying temperature, especially it is found that the operation higher than $140^{\circ}C$ was favorable in drying efficiency regardless of type of waste oil employed in this study. The same result was also noted consistently in the investigation of numerical calculation, that is, in that the sludge particle drying was efficiently made over $140^{\circ}C$ irrespective of the change of particle diameter. As expected, in general, the decrease of diameter in sludge was found efficient both experiment and numerical calculation in drying due to the increased surface area per unit volume. In the investigation of oil type and property, the effect of the viscosity of waste oil was found to be more influential in drying performance. In particular, when the oil with high viscosity, a visible time delay was noticed in moisture evaporation especially in the early stage of drying. However, the effect of high viscosity decreased significantly over the temperature of $140^{\circ}C$. There was no visible difference observed in the study of sludge type but the sewage sludge with a slightly better efficiency. The numerical study is considered to be a quite useful tool to assist in experiment with more detailed empirical modeling as further work.

Spring Phonology of a Grapevine Cultivar under the Changing Climate in Korea during 1921-2000 (겨울기온 상승에 따른 낙엽과수의 휴면생태 변화)

  • Jung Jea-Eun;Seo Hee-Cheol;Chung U-Ran;Yun Jin-I.
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.8 no.2
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    • pp.116-124
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    • 2006
  • Remarkable winter season warming has been observed in East Asian countries during the last century. Accordingly, significant effects on dormancy and the resulting budburst of deciduous trees are expected. However phenological observations are rare and insufficient compared with the long-time climate records in the same region. A chill-day accumulation, which can be estimated from daily maximum and minimum temperature, is expected to make a reasonable proxy for dormancy depth of temperate zone fruit trees. To simulate dormancy depth during 1921-2004, a chill-day model parameterized for 'Campbell Early' grapevine, which is the major cultivar grown virtually anywhere in South Korea, was applied to daily temperature data at 8 locations in South Korea. The calculations showed that the chilling requirement for breaking endo-dormancy of this grapevine cultivar can be satisfied by mid-January to late February in South Korea, and the date was delayed going either northward or southward from the 'Daegu-Jeonju' line crossing the middle of South Korea in the east-west direction. Maximum length of the cold tolerant period (the number of days between endo-dormancy release and forced dormancy release) showed the same spatial pattern. When we divide the 83 years into 3 periods (I: 1921-1950, II: 1951-1980, and III: 1981-2004) and get the average of each period, dormancy release date of period III was accelerated by as much as 15 days compared with that of period I at all locations except Jeju (located in the southernmost island with subtropical climate) where an average15-day delay was predicted. The cold- tolerant period was also shortened at 6 out of 8 locations. As a result, budburst of 'Campbell Early' in spring was accelerated by 6 to 10 days at most locations, while inter-annual variation in budburst dates was increased at all locations. The earlier budburst after the 1970s was due to (1) warming in winter resulting in earlier dormancy release (Incheon, Mokpo, Gangneung, and Jeonju), (2) warming in early spring accelerating regrowth after breaking dormancy (Busan and Jeju), and (3) both of them (Seoul and Daegu).

Optimization of Protocol for Injection of Iodinated Contrast Medium in Pediatric Thoracic CT Examination (소아 흉부 CT검사에서 조영제 주입에 관한 프로토콜의 최적화)

  • Kim, Yung-Kyoon;Kim, Yon-Min
    • Journal of the Korean Society of Radiology
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    • v.13 no.6
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    • pp.879-887
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    • 2019
  • The purpose of this study is to establish a physiological injection protocol according to body weight, in order to minimize amount of contrast medium and optimize contrast enhancement in pediatric patients performing thoracic CT examinations. The 80 pediatric patients under the age of 10 were studied. Intravenous contrast material containing 300 mgI/ml was used. The group A injected with a capacity of 1.5 times its weight, and groups B, C and D added 5 to 15 ml of normal saline with a 10% decrease in each. The physiologic model which can be calculated by weight about amount of injection of contrast medium and normal saline, flow rate and delay time were applied. To assess image quality, measured average HU value and SNR of superior vena cava, pulmonary artery, ascending and descending aorta, right and left atrium, right and left ventricle. CT numbers of subclavian vein and superior vena cava were compared to identify the effects of reducing artifacts due to normal saline. Comparing SNR according to the contrast medium injection protocol, significant differences were found in superior vena cava and pulmonary artery, descending aorta, right and left ventricle, and CT numbers showed significant differences in all organs. In particular, B group with a 10% decrease in contrast medium and an additional injection of saline showed a low degree of contrast enhancement in groups with a decrease of more than 20%. In addition, the group injected with normal saline greatly reduced contrast enhancement of subclavian vein and superior vena cava, and the beam hardening artifact by contrast medium was significantly attenuated. In conclusion, the application of physiological protocol for injection of contrast medium in pediatric thoracic CT examinations was able to reduce artifacts by contrast medium, prevent unnecessary use of contrast medium and improve the effect of contrast enhancement.

Heating Effect by Electric Radiator in Greenhouse of Chrysanthemum Cultivation (전기 방열기가 국화재배온실의 난방에 미치는 영향)

  • Suh, Won-Myung;Leem, Jae-Woon;Kim, Young-Ju;Min, Young-Bong;Kim, Hyeon-Tae;Huh, Moo-Ryong;Yoon, Yong-Cheol
    • Journal of agriculture & life science
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    • v.44 no.4
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    • pp.79-85
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    • 2010
  • An analysis in heating effects of an electric radiator located in a 1-2W type chrysanthemum (3 cultivars) cultivation greenhouse installed in Gyeongsang National University drew the following conclusions. During the experiment period, the highest, average, and the lowest outside temperatures were in the ranges of $-3.8{\sim}21.3^{\circ}C$, $-5.2{\sim}16.1^{\circ}C$ and $-12.5{\sim}14.4^{\circ}C$, respectively, and the average relative humidity inside and outside the greenhouses were in the ranges of 43.5~98.6% and 35.2~100%, respectively. From mid-December to early February, the lowest outside temperature was recorded as approximately $-5.0{\sim}-10.0^{\circ}C$, which showed that it tended to be relatively lower than the temperatures recorded at the Jinju Meteorological Observatory. During the night, the leaf temperature measured directly under the radiator tended to be higher by $2{\sim}3^{\circ}C$ than that those at the middle point of the radiator, or higher by a negligible amount. In the case of root zone temperature, it was found that there was almost no difference between temperatures of the part directly under and the middle point, and the time when the highest temperature of root zone and other highest temperatures took place showed that there was about a 2-hour delay phenomenon. The total electricity consumption, energy supply and total heating cost during the experiment period were 2,800 kWh, 2,408,000 kcal and 112,000 won, respectively. When diesel, a kind of fossil fuel, was used as heating oil, the total heating cost was around 224,500 won. It was estimated that the total heating cost could be reduced by around 50% if a radiator was used.

The Records and Archives Administrative Reform in China in 1930s (1930년대 중국 문서당안 행정개혁론의 이해)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.10
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    • pp.276-322
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    • 2004
  • Historical interest in China in 1930s has been mostly focused on political characteristic of the National Government(國民政府) which was established by the KMT(中國國民黨) as a result of national unification. It is certain that China had a chance to construct a modern country by the establishment of the very unified revolutionary government. But, it was the time of expanding national crises that threatened the existence of the country such as the Manchurian Incident and the Chinese-Japanese War as well as the chaos of the domestic situation, too. So it has a good reason to examine the characteristic and pattern of the response of the political powers of those days. But, as shown in the recent studies, the manifestation method of political power by the revolutionary regime catches our attention through the understanding of internal operating system. Though this writing started from the fact that the Nationalist Government executed the administrative reform which aimed at "administrative efficiency" in the middle of 1930s, but it put stress on the seriousness of the problem and its solution rather than political background or results. "Committee on Administrative Efficiency(行政效率委員會)", the center of administrative reform movement which was established in 1934, examined the plan to execute the reform through legislation by the Executive Council(行政院) on the basis of the results of relevant studies. They claimed that the construction of a modern country should be performed by not political revolution anymore but by gradual improvement and daily reform, and that the operation of the government should become modern, scientific and efficient. There were many fields of administrative reform subjects, but especially, the field of records and archives adminstration(文書檔案行政) was studied intensively from the initial stage because that subject had already been discussed intensively. They recognized that records and archives were the basic tool of work performance and general activity but an inefficient field in spite of many input staff members, and most of all, archival reform bring about less conflicts than the fields of finance, organization and personnel. When it comes to the field of records adminstration, the key subjects that records should be written simply, the process of record treatment should be clear and the delay of that should be prevented were already presented in a records administrative meeting in 1922. That is, the unified law about record management was not established, so each government organization followed a conventional custom or performed independent improvement. It was through the other records administrative workshop of the Nationalist Government in 1933 when the new trend was appeared as the unified system improvement. They decided to unify the format of official records, to use marker and section, to unify the registration of receipt records and dispatch records and to strengthen the examination of records treatment. But, the method of records treatment was not unified yet, so the key point of records administrative reform was to establish a unified and standard record management system for preventing repetition by simplifying the treatment procedure and for intensive treatment by exclusive organizations. From the foundation of the Republic of China to 1930s, there was not big change in the field of archives administration, and archives management methods were prescribed differently even in the same section as well as same department. Therefore, the point at issue was to centralize scattered management systems that were performed in each section, to establish unified standard about filing and retention period allowance and to improve searching system through classification and proper number allowance. Especially, the problem was that each number system and classification system bring about different result due to dual operation of record registration and archives registration, and that strict management through mutual contrast, searching and application are impossible. Besides, various problems such as filing tools, arrangement method, preservation facilities & equipment, lending service and use method were raised also. In the process this study for the system improvement of records and archives management, they recognized that records and archives are the identical thing and reached to create a successive management method of records and archives called "Records and Archives Chain Management Method(文書檔案連鎖法)" as a potential alternative. Several principles that records and archives management should be performed unitedly in each organization by the general record recipient section and the general archives section under the principle of task centralization, a consistent classification system should be used by classification method decided in advance according to organizational constitution and work functions and an identical number system should be used in the process of record management stage and archive management stage by using a card-type register were established. Though, this "Records and Archives Chain Management Method" was developed to the stage of test application in several organizations, but it was not adopted as a regular system and discontinued. That was because the administrative reform of the Nationalist Government was discontinued by the outbreak of the Chinese-Japanese War. Even though the administrative reform in the middle of 1930s didn't produce practical results but merely an experimentation, it was verified that the reform against tradition and custom conducted by the Nationalist Government that aimed for the construction of a modern country was not only a field of politics, but on the other hand, the weak basis of the government operation became the obstacle to the realization of the political power of the revolutionary regime. Though the subject of records and archives administrative reform was postponed to the future, it should be understood that the consciousness of modern records and archives administration and overall studies began through this examination of administrative reform.

An Experimental Study on the Hydration Heat of Concrete Using Phosphate based Inorganic Salt (인산계 무기염을 이용한 콘크리트의 수화 발열 특성에 관한 실험적 연구)

  • Jeong, Seok-Man;Kim, Se-Hwan;Yang, Wan-Hee;Kim, Young-Sun;Ki, Jun-Do;Lee, Gun-Cheol
    • Journal of the Korea Institute of Building Construction
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    • v.20 no.6
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    • pp.489-495
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    • 2020
  • Whereas the control of the hydration heat in mass concrete has been important as the concrete structures enlarge, many conventional strategies show some limitations in their effectiveness and practicality. Therefore, In this study, as a solution of controling the heat of hydration of mass concrete, a method to reduce the heat of hydration by controlling the hardening of cement was examined. The reduction of the hydration heat by the developed Phosphate Inorganic Salt was basically verified in the insulated boxes filled with binder paste or concrete mixture. That is, the effects of the Phosphate Inorganic Salt on the hydration heat, flow or slump, and compressive strength were analyzed in binary and ternary blended cement which is generally used for low heat. As a result, the internal maximum temperature rise induced by the hydration heat was decreased by 9.5~10.6% and 10.1~11.7% for binder paste and concrete mixed with the Phosphate Inorganic Salt, respectively. Besides, the delay of the time corresponding to the peak temperature was apparently observed, which is beneficial to the emission of the internal hydration heat in real structures. The Phosphate Inorganic Salt that was developed and verified by a series of the aforementioned experiments showed better performance than the existing ones in terms of the control of the hydration heat and other performance. It can be used for the purpose of hydration heat of mass concrete in the future.

Current status and tasks of the transmission of Gyeonggi Province intangible cultural assets (folk songs) (경기도 향토민요 관련 무형문화재의 전승현황과 과제)

  • Jang, hee-sun
    • (The) Research of the performance art and culture
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    • no.35
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    • pp.405-439
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    • 2017
  • In this article, I suggest issues and tasks in transmission of Gyeonggi Province folk songs after thorough study of designation of Gyeonggi Province folk songs as intangible cultural asset, reproduction and transmission. Intangible cultural assets are classified into seasonal playing and songs. Originally, category or extension of folk songs is above mere songs and it also embraces personal lives as well as village communities. Intangible assets of folk songs are folk art, group events and non-stage events at the same time based on tradition, history, uniqueness, characters of field value. Gyeonggi Province has 9 intangible assets now because of the revocation of several assets (All Gyeonggi Province, Hwasung, Gwacheon) within five years after initial designation of 13 assets in 1998. They are mostly distributed in the north Gyeonggi region where is close to the DMZ and delay in development seems to have enabled the preservation. Most of the intangible cultural assets are farming songs and weeding which show characteristics of Gyeonggi Province. Most of the designees are who performed excavation, recovery, excluding a few cases without designees on designation, and almost all the designee passed away. Number of cases have been revoked because transmission was not completed or some cases were transmitted to groups rather than specific designees. Subscription concert, the biggest and most representative event, is performed once a year with all of the 9 intangible cultural assets in the original complete forms of the designation. Intangible cultural assets are classified into seasonal playing and songs. In general, current performance of the intangible cultural assets and folk songs are same as the originally designated forms and are not in varied forms other than folk songs like songs for rice-planting and weeding. Funeral songs are transmitted in Yangju and Yangpyeong. In terms of the operation, preservation societies having training centers have been performing more constant activities for preservation including lecture, performance and transmission. Members are quite aged and the societies are suffering from lack of support fund for reproduction and transmission. Problems in reproduction and tasks for the transmission I would like to suggest are like followings. First, preservation and value of the cultural assets. Second, new understanding of designation and revocation of the intangible cultural assets. Third, record of performance and sound source. Fourth, liaison with local communities. Fifth, organization of professional resources and establishment of systematic support and management.

A Prediction of N-value Using Artificial Neural Network (인공신경망을 이용한 N치 예측)

  • Kim, Kwang Myung;Park, Hyoung June;Goo, Tae Hun;Kim, Hyung Chan
    • The Journal of Engineering Geology
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    • v.30 no.4
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    • pp.457-468
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    • 2020
  • Problems arising during pile design works for plant construction, civil and architecture work are mostly come from uncertainty of geotechnical characteristics. In particular, obtaining the N-value measured through the Standard Penetration Test (SPT) is the most important data. However, it is difficult to obtain N-value by drilling investigation throughout the all target area. There are many constraints such as licensing, time, cost, equipment access and residential complaints etc. it is impossible to obtain geotechnical characteristics through drilling investigation within a short bidding period in overseas. The geotechnical characteristics at non-drilling investigation points are usually determined by the engineer's empirical judgment, which can leads to errors in pile design and quantity calculation causing construction delay and cost increase. It would be possible to overcome this problem if N-value could be predicted at the non-drilling investigation points using limited minimum drilling investigation data. This study was conducted to predicted the N-value using an Artificial Neural Network (ANN) which one of the Artificial intelligence (AI) method. An Artificial Neural Network treats a limited amount of geotechnical characteristics as a biological logic process, providing more reliable results for input variables. The purpose of this study is to predict N-value at the non-drilling investigation points through patterns which is studied by multi-layer perceptron and error back-propagation algorithms using the minimum geotechnical data. It has been reviewed the reliability of the values that predicted by AI method compared to the measured values, and we were able to confirm the high reliability as a result. To solving geotechnical uncertainty, we will perform sensitivity analysis of input variables to increase learning effect in next steps and it may need some technical update of program. We hope that our study will be helpful to design works in the future.

Analysis of Causality of the Increase in the Port Congestion due to the COVID-19 Pandemic and BDI(Baltic Dry Index) (COVID-19 팬데믹으로 인한 체선율 증가와 부정기선 운임지수의 인과성 분석)

  • Lee, Choong-Ho;Park, Keun-Sik
    • Journal of Korea Port Economic Association
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    • v.37 no.4
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    • pp.161-173
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    • 2021
  • The shipping industry plummeted and was depressed due to the global economic crisis caused by the bankruptcy of Lehman Brothers in the US in 2008. In 2020, the shipping market also suffered from a collapse in the unstable global economic situation due to the COVID-19 pandemic, but unexpectedly, it changed to an upward trend from the end of 2020, and in 2021, it exceeded the market of the boom period of 2008. According to the Clarksons report published in May 2021, the decrease in cargo volume due to the COVID-19 pandemic in 2020 has returned to the pre-corona level by the end of 2020, and the tramper bulk carrier capacity of 103~104% of the Panamax has been in the ports due to congestion. Earnings across the bulker segments have risen to ten-year highs in recent months. In this study, as factors affecting BDI, the capacity and congestion ratio of Cape and Panamax ships on the supply side, iron ore and coal seaborne tonnge on the demand side and Granger causality test, IRF(Impulse Response Function) and FEVD(Forecast Error Variance Decomposition) were performed using VAR model to analyze the impact on BDI by congestion caused by strengthen quarantine at the port due to the COVID-19 pandemic and the loading and discharging operation delay due to the infection of the stevedore, etc and to predict the shipping market after the pandemic. As a result of the Granger causality test of variables and BDI using time series data from January 2016 to July 2021, causality was found in the Fleet and Congestion variables, and as a result of the Impulse Response Function, Congestion variable was found to have significant at both upper and lower limit of the confidence interval. As a result of the Forecast Error Variance Decomposition, Congestion variable showed an explanatory power upto 25% for the change in BDI. If the congestion in ports decreases after With Corona, it is expected that there is down-risk in the shipping market. The COVID-19 pandemic occurred not from economic factors but from an ecological factor by the pandemic is different from the past economic crisis. It is necessary to analyze from a different point of view than the past economic crisis. This study has meaningful to analyze the causality and explanatory power of Congestion factor by pandemic.