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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

Negligence theory of Aviation accident with reference to the japanese aviation accident precedent (항공 사고에서의 과실 이론 - 일본 항공 사고 판례를 중심으로 -)

  • Hwang, Ho-Won;Ham, Se-Hun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.115-136
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    • 2008
  • The development of the aviation technology is beyond the people's imagination. For example, with some exaggeration, If the autopilot engage upon take off, You will realize that you are on the centerline of the foggy JFK runway 13R after 15 hours with only once or twice of intervention. But the more aviation technology develops, the more responsible the pilot will be who has the final authority of the aviation safety. In the JAL 706 accident caused by unidentified reason, the pilot increased pitch abruptly and overrode the control from the autopilot. The result of this process made the death of a flight attendant and some injuries of a few passengers. The district court found the pilot not guilty at the first trial on the ground that the control override was not connected to the possibility of foresight and avoidance of the human death. The pilot was proved to be innocent through the analysis of the DFDR and ADAS that the override did not precede the unidentified pitch up motion. The judicial precedent related to aviation accidents in Korea requires pilots' absolute and extended care compared to the ordinarily prudent or reasonably careful behaviors in the vehicle and medical accidents. Although there is some controversy about the standard care, the care required in the actual operation of high tech aircraft by a pilot should include objective and standard care and be judged by analysis of the scientific data. Although the pilot maintained the unusual hi speed that doesn't have safety margin and descended under turbulence in case of the JAL 706 accident, the court negatived its relation to the cause of pitch up. Also, the override of the control after initial pitch up might have caused the possibility of the death and injury, but the court denied it. Because of this complex cause of the aviation accidents, it is important for a court to figure out the core reason of the event and casual relationship with the pilot Now, It is required that the judgement of negligence in the aviation accidents should include an objective care with scientific data from simulated circumstances(or a simulator) as the Japanese court not from the theory of vehicle's negligence.

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Changes of the Fruit Quality According to Temperature Environment and Marketing Period during Simulated Exportation in 'Whasan' Pears ('화산' 배 모의수출 기간 중 온도환경 및 유통기간에 따른 품질변화)

  • Kim, Jin-Gook;Oh, Kyoung-Young;Lee, Ug-Yong;Ma, Kyeong-Bok;Hwang, Yong-Soo;Choi, Jong-Myung;Chun, Jong-Pil
    • Journal of Bio-Environment Control
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    • v.20 no.4
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    • pp.399-405
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    • 2011
  • In this study, we evaluated the fruit quality indices and the incidence of physiological disorders of Korean new pear cultivar 'Whasan' to determine appropriate harvest time for exportation and to enhance storability and shelf-life of the fruits during simulated exportation and extending market environment under different temperature conditions. In the experiment of simulated exportation headed for North America including Canada and U.S.A., the fruits transported at $1^{\circ}C$ showed less weight loss than those of $5^{\circ}C$. Market temperature appeared as a key factor for keeping freshness of exported pear fruits rather than transportation temperature. Quality factors such as high flesh firmness and low incidence of fruit rot and physiological disorders including core breakdown and pithiness were attained at the fruits maintained at $18^{\circ}C$ when we compared with $25^{\circ}C$. The fruits of harvested early maturity at 135 day after full bloom showed 28.6 N of flesh firmness when the fruits stored at $1^{\circ}C$ of transportation and $18^{\circ}C$ of market temperature, while the fruits progressed $5^{\circ}C$ of transportation and $25^{\circ}C$ of market temperature dropped to 24.2 N during 30 days of shelf life. Also, a high incidences of physiological disorders and of fruit decay rates were obvious in the fruits distributed at $25^{\circ}C$ were observed approximately two times higher than the those of $18^{\circ}C$. Therefore, temperature management during marketing resulted as an important point for maintaining fruits quality in the process of pear fruit exportation.

Analysis Actual Conditions of Arid Progress and Prevention Management of Hwaeom Wetland in Yangsansi (양산시 화엄늪의 산지화 진행실태 및 예방관리 방안)

  • Lee, Soo-Dong;Kim, Sun-Hee;Kim, Ji-Seok
    • Korean Journal of Environment and Ecology
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    • v.26 no.4
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    • pp.498-511
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    • 2012
  • Mountainous wetland have many species such as II grade endangered species of wild flora and fauna(Drosera rotundifolia) and environmental indicator species(Utricularia racemosa, Habenaria linearifolia, Parnassia palustris, Molinia japonica, etc.). Accordingly, the mountainous wetlands is very important. However, most mountainous wetlands will disappear by natural or artificial aridness processes. Thus, it needs to manage mountainous wetland for protecting from aridness. This study has found out the wetland status of the environmental ecology and aridness processes moreover, it has suggested ways of improving wetland conservation plan and wetland aridness management plan. According to the results of topography structure survey, Hwaeom wetland's altitude is ranged within 750~810m(87.4%), and slope is less than $10^{\circ}$. There was ideally suited mountainous wetland. However, the water supply(1.6 meters depth and 0.8 meters wide) was built on under the wetland. For that reason, there was concerned about the aridness processes by sweeping away peat layer and dropping the water level. The distribution area of hygrophyte was narrowed to 6.7% whereas, woody plants and xerophytic plants was achieved a dominant position. If it leaves the situation as it is, the mountainous wetland will be developed next succession as forest ecosystem. Therefore, in order to sustain the mountainous wetland from aridness, it is set to the base direction of conservation and management as main schemes. Moreover, we have suggested that setting the vegetation conservation and management area which considering a ecological vegetation characteristics, managing the ecotone vegetation, setting the buffer zone for protection of ecological core areas, protecting the mountainous wetland indicator species and designating the management vegetation. In conclusion, in order to sustain and maintain a soundly wetland ecosystem, it needs to several management of wetlands damage factors. 1) suppression of the excessive groundwater to basin, 2) stabilization of wetland via hydrologic storage, 3) suppression of changing and transforming wetland into forest by succession via management of xerophytic plants.

The Northeast Asian Rim:A geopolitical perspective (지정학적 관점에서 본 동북아권)

  • Yu, Woo-ik
    • Journal of the Korean Geographical Society
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    • v.28 no.4
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    • pp.312-320
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    • 1993
  • Along with the fade out of the Cold War the world is undergoing a fundamental restructuring. The process is generally refered to regionalization and globalization. In this context, the Paper presents a geopolitical perspective on the future of Northeast Asia. To meet the global trend, it is expected that the countries in the area organize an economically cooperative unity, the concept of which the author calls the northeast Asian Rim (NEAR). With its huge potentials to become the largest economic area in the world and with its rather complicated historical and social background, the Rim is tentatively supposed to have a loose and soft organization, to be flexible in dealing with the intra-and interregional relations. The idea underlying the view is that the former area of confrontation between the land power and the sea power is, under the new world environment, going to recover its proper locational attributes and develop into a merging area, a new core. As a physical framework of the Rim a spatial structurc is assumed to consist of two-subrims and two development axes with four development centers.

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A Study on the Spread of Taoist Gwonseonseo in the 19th Century and the Ideological Nature of Jeoseungjeon (19세기 유교의 통속화와 「저승전」의 이념성 - 조선후기 권선서(勸善書)의 유행과 관련하여 -)

  • Kim, Jeong Suk
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.297-324
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    • 2017
  • Recognizing that the ideological nature of Taoist Gwonseonseo whose publication was concentrated during the reign of King Gojong was connected to that of Jeoseungjeon, a Hangul manuscript novel in the 19th century, this study set out to examine the periodic significance of Taoist Gwonseonseo in the 19th century and check the ideological nature of Jeoseungjeon. Taoist Gwonseonseo puts an emphasis on Confucian ethics including loyalty and filial piety in a didactic aspect and shows that the practice of Confucian ethics brings good fortune, which was prominent in many private Taoist books that were huge hits in the latter part of Joseon, when Chinese Taoist Gwonseonseo was introduced in Joseon, translated and circulated in Korean, and spread widely among the public. Those works offer very specific cases of individuals doing good or evil deeds in this world and suffering the consequences in the next world. Jeoseungjeon presents the Buddhist experiences with the next world as the foundation with the next world depicted around the Great Jade Emperor, who emphasizes Confucian ethics, and the hierarchy of Taoist gods under the ultimate the Great Jade Emperor, thus clearly demonstrating the combination pattern of Confucianism, Buddhism, and Taoism in the latter half of Joseon. The work describes the scenes of judgment and punishment in the next world according to the witness of the main character and thus gives specific ideas of daily goods, which is a feature found in the latter half of Joseon different from the previous pattern of next world experiences. It is Taoist Gwonseonseo widely spread among the people those days that connects the link.

A practical analysis approach to the functional requirements standards for electronic records management system (기록관리시스템 기능요건 표준의 실무적 해석)

  • Yim, Jin-Hee
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.139-178
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    • 2008
  • The functional requirements standards for electronic records management systems which have been published recently describe the specifications very precisely including not only core functions of records management but also the function of system management and optional modules. The fact that these functional requirements standards seem to be similar to each other in terms of the content of functions described in the standards is linked to the global standardization trends in the practical area of electronic records. In addition, these functional requirements standards which have been built upon with collaboration of archivists from many national archives, IT specialists, consultants and records management applications vendors result in not only obtaining high quality but also establishing the condition that the standards could be the certificate criteria easily. Though there might be a lot of different ways and approaches to benchmark the functional requirements standards developed from advanced electronic records management practice, this paper is showing the possibility and meaningful business cases of gaining useful practical ideas learned from imaging electronic records management practices related to the functional requirements standards. The business cases are explored central functions of records management and the intellectual control of the records such as classification scheme or disposal schedules. The first example is related to the classification scheme. Should the records classification be fixed at same number of level? Should a record item be filed only at the last node of classification scheme? The second example addresses a precise disposition schedule which is able to impose the event-driven chronological retention period to records and which could be operated using a inheritance concept between the parent nodes and child nodes in classification scheme. The third example shows the usage of the function which holds or freeze and release the records required to keep as evidence to comply with compliance like e-Discovery or the risk management of organizations under the premise that the records management should be the basis for the legal compliance. The last case shows some cases for bulk batch operation required if the records manager can use the ERMS as their useful tool. It is needed that the records managers are able to understand and interpret the specifications of functional requirements standards for ERMS in the practical view point, and to review the standards and extract required specifications for upgrading their own ERMS. The National Archives of Korea should provide various stakeholders with a sound basis for them to implement effective and efficient electronic records management practices through expanding the usage scope of the functional requirements standard for ERMS and making the common understanding about its implications.

First Observational Finding of Submesoscale Intrathermocline Eddy in the East Sea using Underwater Glider (수중글라이더를 활용한 동해 아중규모 중층성 소용돌이 발견)

  • PARK, JONGJIN
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.24 no.2
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    • pp.332-350
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    • 2019
  • Zonal hydrographic section measurements at $39.7^{\circ}N$ were conducted between $129.0^{\circ}E$ and $131.3^{\circ}E$ from August 7 to 25 in 2017 using an underwater glider. The glider traveled about 440 km for about 18 days along the 106 line of the regular shipboard measurements in the National Institute of Fishery Science (NIFS) and obtained twice a hydrographic section with high horizontal resolution. Even under the strong East Korea Warm Current with maximum speed of 0.8 m/s across the section, the glider successfully maintained the designated path within an RMS distance of 400 m. By comparing with the NIFS shipboard hydrographic section, it is confirmed that high spatial resolution measurements obtained from a glider were necessary to properly observe front and eddy variability in the East Sea where a typical spatial scale is smaller than the open oceans. From the glider section measurements, a new lens-shaped eddy was found in the thermocline. The lens-shaped anticyclonic eddy had 10~13 km in horizonal width and about 200 m in height like a typical submesoscale eddy resided within the thermocline, which was firstly named as Korea intrathermocline eddy (Keddy). The Keddy has the distinguishing characteristics of a typical intrathermocline eddy, such as a central core with anomalously weak stratification, a convex shaped lens bounded by the stratification anomaly, an interior maximum of velocity at 170 m, no surface appearance of the geopotential field, a small or comparable horizontal width relative to the first baroclinic Rossby radius of deformation, and the Rossby nubmer of 0.7.

Performance of Investment Strategy using Investor-specific Transaction Information and Machine Learning (투자자별 거래정보와 머신러닝을 활용한 투자전략의 성과)

  • Kim, Kyung Mock;Kim, Sun Woong;Choi, Heung Sik
    • Journal of Intelligence and Information Systems
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    • v.27 no.1
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    • pp.65-82
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    • 2021
  • Stock market investors are generally split into foreign investors, institutional investors, and individual investors. Compared to individual investor groups, professional investor groups such as foreign investors have an advantage in information and financial power and, as a result, foreign investors are known to show good investment performance among market participants. The purpose of this study is to propose an investment strategy that combines investor-specific transaction information and machine learning, and to analyze the portfolio investment performance of the proposed model using actual stock price and investor-specific transaction data. The Korea Exchange offers daily information on the volume of purchase and sale of each investor to securities firms. We developed a data collection program in C# programming language using an API provided by Daishin Securities Cybosplus, and collected 151 out of 200 KOSPI stocks with daily opening price, closing price and investor-specific net purchase data from January 2, 2007 to July 31, 2017. The self-organizing map model is an artificial neural network that performs clustering by unsupervised learning and has been introduced by Teuvo Kohonen since 1984. We implement competition among intra-surface artificial neurons, and all connections are non-recursive artificial neural networks that go from bottom to top. It can also be expanded to multiple layers, although many fault layers are commonly used. Linear functions are used by active functions of artificial nerve cells, and learning rules use Instar rules as well as general competitive learning. The core of the backpropagation model is the model that performs classification by supervised learning as an artificial neural network. We grouped and transformed investor-specific transaction volume data to learn backpropagation models through the self-organizing map model of artificial neural networks. As a result of the estimation of verification data through training, the portfolios were rebalanced monthly. For performance analysis, a passive portfolio was designated and the KOSPI 200 and KOSPI index returns for proxies on market returns were also obtained. Performance analysis was conducted using the equally-weighted portfolio return, compound interest rate, annual return, Maximum Draw Down, standard deviation, and Sharpe Ratio. Buy and hold returns of the top 10 market capitalization stocks are designated as a benchmark. Buy and hold strategy is the best strategy under the efficient market hypothesis. The prediction rate of learning data using backpropagation model was significantly high at 96.61%, while the prediction rate of verification data was also relatively high in the results of the 57.1% verification data. The performance evaluation of self-organizing map grouping can be determined as a result of a backpropagation model. This is because if the grouping results of the self-organizing map model had been poor, the learning results of the backpropagation model would have been poor. In this way, the performance assessment of machine learning is judged to be better learned than previous studies. Our portfolio doubled the return on the benchmark and performed better than the market returns on the KOSPI and KOSPI 200 indexes. In contrast to the benchmark, the MDD and standard deviation for portfolio risk indicators also showed better results. The Sharpe Ratio performed higher than benchmarks and stock market indexes. Through this, we presented the direction of portfolio composition program using machine learning and investor-specific transaction information and showed that it can be used to develop programs for real stock investment. The return is the result of monthly portfolio composition and asset rebalancing to the same proportion. Better outcomes are predicted when forming a monthly portfolio if the system is enforced by rebalancing the suggested stocks continuously without selling and re-buying it. Therefore, real transactions appear to be relevant.

The analysis for attributes of OUV of the capital of Shilla Kingdom (세계유산 신라왕경의 탁월한 보편적 가치 속성 분석)

  • KIM, Euiyeon
    • Korean Journal of Heritage: History & Science
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    • v.55 no.1
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    • pp.151-174
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    • 2022
  • According to the "Special Act on the Restoration and Maintenance of the Core Relics of the Shilla Kingdom" enacted in 2019, the Shilla Kingdom refers to the capital of Shilla and Unified Shilla period, and refers to Gyeongju, where the king lived, and the nearby area. Shilla Wanggyeong is a heritage registered on the UNESCO World Heritage List in 2000 under the name of Gyeongju Historic Site and belongs to Wolseong District, Hwangnyongsa District, and Daeneungwon District among the five districts registered as Gyeongju Historic Site. Unlike the Namsan and Sanseong districts, the Shilla Kingdom is a heritage consisting mostly of archaeological sites without physical substance. Gyeongju City sought to promote local tourism while providing more direct experiences to visitors by restoring the heritage that constitutes the Shilla Kingdom. Starting with the restoration of Woljeonggyo Bridge in 2005, the Shilla Wanggyeong restoration project began in earnest. Gyeongju City tried to restore the building site on the west side of Donggung Palace and Wolji after Woljeonggyo Bridge, but it was canceled due to opposition from the UNESCO World Heritage Committee. The World Heritage Committee opposed the restoration and recommended a heritage impact assessment for similar projects in the future. During the miscarriage impact assessment procedure, there is an OUV attribute analysis process of the heritage to be evaluated. This study intends to preemptively derive OUV attributes for the Silla Kingdom through literature and overseas case analysis. In the case of literature research, domestic and foreign research data related to the UNESCO World Heritage Convention and World Heritage Management were examined, and in overseas cases, the architectural works of Krakow Historical District, Stonehenge and Abbury Geoseok Ruins in England, and Le Corbusier were analyzed. Through this, the outstanding universal value attributes of the Silla Kingdom were derived. This study is expected to be used as a reference in the process of restoration projects of other heritage constituting the Shilla Kingdom or construction plans in nearby areas in the future and serve as an indicator to improve the management system of the Shilla Kingdom more efficiently from the perspective of world heritage.