• Journal of Arbitration Studies
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• v.19 no.2
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• pp.95-126
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• 2009

One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

• Journal of Radiation Protection and Research
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• v.18 no.2
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• pp.1-16
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• 1993

As guides to decision-making in the management of the victims in case of acute whole body or partial body radiation exposure, we studied the relationship between radiation dose and the frequency of chromosomal aberrations observed in peripheral lymphocytes that were irradiated in vitro with $^{60}Co\;{\gamma}-rays$ at doses ranging from 2Gy to 12Gy. The yields of cells with unstable chromosomal aberrations (dicentric chromosomes, ring chromosomes, and acentric fragment pairs) were 32% at 2Gy, 47% at 4Gy, 80% at 6Gy, 94% at 8Gy, and 100% at 10Gy and over. Ydr, which reflect average dose to the whole body in case of acute whole body exposure, were 1.373 at 2Gy, 0.669 at 4Gy, 1.734 at 6Gy, 2.773 at 8Gy, 3.746 at 10Gy and 5.454 at 12Gy. The relationship between radiation dose (D) and the frequency of dicentric plus ring chromosomes per cell(Ydr) could be expressed as $Ydr=9.322{\times}10^{-2}/Gy {\times}D+2.975{\times}10^{-2}/Gy^2{\times}D^2$. Qdr, which are used in estimating dose of partial body exposure and dose of past exposure, were 1.166 at 2Gy, 1.436 at 4Gy, 2.173 at 6Gy, 2.945 at 8Gy, 3.746 at 10Gy and 5.454 at 12Gy. To see how confidently this dosimetry system may be used, we obtained Qdr values from those who received one fraction of homogenous partial body irradiation of 1.BGy, 2.5Gy, and 7.OGy therapeutically; in vivo Qdr values were 1.109, 1.222 and 2.222 respectively. The estimated doses calculated from these in vivo Qdr values using the equation $Qdr=Ydr/(1- e^{-Ydr})$ were 1.52Gy, 2.48Gy, and 6.54Gy respectively, which were very close to the doses actually given.

• Journal of the Korean Institute of Landscape Architecture
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• v.45 no.6
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• pp.98-114
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• 2017

This study analyzed the commemorative landscapes of eight Holocaust concentration camp memorials(HCCM) of Germany and Poland from a landscape architecture point of view including historical landscape, places and remains, and monuments. A site survey was conducted at Dahau concentration camp memorial(CCM) and Bergen-Belsen CCM of Germany in September of 2015 and the Auschwitz-Birkenau extermination camp memorial(ECM), Majdanek ECM, Belzec ECM, Sobibor ECM, Treblinka ECM, Chelmno ECM of Poland in April of 2016. The results are as follows. First, the landscape of the concentration camp at Dahau CCM, Auschwitz ECM, and Majdanek ECM liberated by the Allied Forces was well conserved with the maintenance of camp facilities and the spatial structure of camps while monuments and memorials seized by sociopolitical argument were built with restriction. But Belzec ECM, Sobibor ECM, Treblinka ECM, and Chelmno ECM devastated and planted artificially to forest were overwhelmingly surrounded with natural landscape, and also, excavated relics and remains were preserved and the monuments were built at the place of memory. Second, gas chambers, crematoriums, guard posts, electric wire fences, railroads and ramps, barracks, and drainage ditches were considered to be typical facilities present in the camp structure and the gas chambers, crematoriums, human ashes, and mass graves demonstrated the horrible history of these camps and the railroad and ramp where Jewish prisoners arrived also had the strong sense of place. These remains were regarded as symbolic elements to create a memory of the tragedy and place. Third, commemoration of victims was applied as the basic concept and recalling the memory of the Holocaust was also considered very important content. Religious reconciliation and peace was represented at Dahau CCM and the Jewish identity was strongly expressed at Treblinka ECM and Belzec ECM representing the Jewish community and Judaism. Fourth, the monuments with semi-abstract styles and abstract sculptures represented the Holocaust symbolically and narratively and came into the conflict caused by the abstractness to the memorial landscape at Auschwitz-Birkenau ECM and Bergen-Belsen CCM. Fifth, remains for recalling the memory of tragedy and place and symbolic monuments to stand for public memory were juxtaposed at the same place and preserving on the authenticity of camp site had been conflicted with monumentalizing intentionally. Further study will required a concrete investigation of the monuments in the HCCM and an attempt to comparatively study the commemoration characteristics of memorials in Korea.

• Journal of Intelligence and Information Systems
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• v.21 no.1
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• pp.161-177
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• 2015

With the rapid evolution of technology, the size, number, and the type of databases has increased concomitantly, so data mining approaches face many challenging applications from databases. One such application is discovery of fraud patterns from agricultural product wholesale transaction instances. The agricultural product wholesale market in Korea is huge, and vast numbers of transactions have been made every day. The demand for agricultural products continues to grow, and the use of electronic auction systems raises the efficiency of operations of wholesale market. Certainly, the number of unusual transactions is also assumed to be increased in proportion to the trading amount, where an unusual transaction is often the first sign of fraud. However, it is very difficult to identify and detect these transactions and the corresponding fraud occurred in agricultural product wholesale market because the types of fraud are more intelligent than ever before. The fraud can be detected by verifying the overall transaction records manually, but it requires significant amount of human resources, and ultimately is not a practical approach. Frauds also can be revealed by victim's report or complaint. But there are usually no victims in the agricultural product wholesale frauds because they are committed by collusion of an auction company and an intermediary wholesaler. Nevertheless, it is required to monitor transaction records continuously and to make an effort to prevent any fraud, because the fraud not only disturbs the fair trade order of the market but also reduces the credibility of the market rapidly. Applying data mining to such an environment is very useful since it can discover unknown fraud patterns or features from a large volume of transaction data properly. The objective of this research is to empirically investigate the factors necessary to detect fraud transactions in an agricultural product wholesale market by developing a data mining based fraud detection model. One of major frauds is the phantom transaction, which is a colluding transaction by the seller(auction company or forwarder) and buyer(intermediary wholesaler) to commit the fraud transaction. They pretend to fulfill the transaction by recording false data in the online transaction processing system without actually selling products, and the seller receives money from the buyer. This leads to the overstatement of sales performance and illegal money transfers, which reduces the credibility of market. This paper reviews the environment of wholesale market such as types of transactions, roles of participants of the market, and various types and characteristics of frauds, and introduces the whole process of developing the phantom transaction detection model. The process consists of the following 4 modules: (1) Data cleaning and standardization (2) Statistical data analysis such as distribution and correlation analysis, (3) Construction of classification model using decision-tree induction approach, (4) Verification of the model in terms of hit ratio. We collected real data from 6 associations of agricultural producers in metropolitan markets. Final model with a decision-tree induction approach revealed that monthly average trading price of item offered by forwarders is a key variable in detecting the phantom transaction. The verification procedure also confirmed the suitability of the results. However, even though the performance of the results of this research is satisfactory, sensitive issues are still remained for improving classification accuracy and conciseness of rules. One such issue is the robustness of data mining model. Data mining is very much data-oriented, so data mining models tend to be very sensitive to changes of data or situations. Thus, it is evident that this non-robustness of data mining model requires continuous remodeling as data or situation changes. We hope that this paper suggest valuable guideline to organizations and companies that consider introducing or constructing a fraud detection model in the future.

• Korean Security Journal
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• no.28
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• pp.181-205
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• 2011

There are various discussions about introducing private investigation in South Korea these days, and training private investigators is one of the main topics. Training private investigators, unlike other training, is required to instill expertise and ethical quality into the trainees since the major task of the investigators includes protecting the lives of the citizens as well as their properties. Therefore, many agree to the idea that systematic educational programs need to be organized to produce private investigators with expertness and morality. In this study, we explored the opinions of those who are concerned with this issue of establishing private investigation in the university education and analyzed the data by using the NVivo 2 program. The result revealed that the reasons that people supported the idea of launching private investigator services were as follows. First, there is lack of manpower to maintain peace and public order in the country. Second, the police does not intervene actively and help harmed victims unless it is a consequential incident. Third, in position to wield public power, police officers cannot get involved in civil affairs. Also, absence of an academic institution to educate private investigators and lack of the police and clients' trust in private investigation were the two biggest reasons that people approved the proposal to introduce department of private investigation in universities. The interviewees of the study believed the outlook and future direction for private investigation would change depending on the status of the licensed private investigation business bill. Before the bill passes, they thought that the work of private investigators will be performed by insurance companies, foreign private investigation businesses, domestic consulting firms, and security providers which supply similar services. On the other hand, after the bill passes, they believed that numerous private investigator corporations resembling existing security corporations will be founded in addition to the current market, and that private investigation in the academic field will also be vitalized.

• Journal of Yeungnam Medical Science
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• v.12 no.1
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• pp.113-123
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• 1995

This study was intended to identify the neurotic traits related to sexual abuse in female high school students. The Neurosis Scale of Middlesex Hospital Questionnaire was conducted to 320 female high school students in Taegu, Korea from July 10 to July 17, 1994. The results were as follows: 1) The sexual abuse victim group showed significantly higher neurotic traits of Free floating anxiety (p<0.05), Phobic(p<0.01), Obsession(p<0.01), Somatic(p<0.05), Depression(p<0.01) than the control group. 2) The Neurotic traits of Somatic(p<0.01), Depression(p<0.01), Hysteric(p<0.01) were higher in the multiple-abused than the single-abused. 3) When the duration of being abused was concerned, subjects with more than 1 year duration had significantly higher neurotic traits of Obsession(p<0.05), Somatic(p<0.05), Depression(p<0.05) than subjects with less than 1 year duration. 4) The neurotic traits of Phobic, Somatic, Depression were significantly higher in the subjects with higher intensity of sexual abuse than with lower intensity. S) Among 68 victims, 31 girls(45%) were assaulted by strangers, 10(14%) were by relatives, 7(10.3%) were by siblings, 6(8.8%) were by neihbors. Among them, 34 girls(50%) bad counselling or psychotherapy and the people to whom they had sought for help were friends(23 girls; 68%), parents (7 girls; 11.7%) and mental health professonals (2 girls; 5.9%).

• Korean Journal of Social Welfare Studies
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• v.48 no.3
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• pp.171-208
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• 2017

The purpose of this study is to classify the underlying and parsimonious types of child maltreatment and examine whether the effects of risk factors on child maltreatment recurrence differ by type of maltreatment. We utilized the multiyear national administrative data from the National Child Maltreatment Information System collected by Child Protection Agency in Korea. Of 26,921 child maltreatment victims reported and substantiated on or after January 1, 2012, 1,447 children who had recurrence of child maltreatment until December 31, 2015 were selected as maltreatment recurrence group and 4,580 children who had not experienced maltreatment since first substantiation were assigned as maltreatment non-recurrence group. Latent class analysis(LCA) and latent transition analysis(LTA) were used to group children with similar maltreatment subtypes into discrete classes of child maltreatment recurrence. Logistic regression is employed to examine the association between the child maltreatment predominant types and risk factors for recurrence. Results of LCA and LTA showed four latent classes representing predominant type of child maltreatment: 'physical abuse predominant type', 'emotional abuse predominant type', 'sexual abuse predominant type', and 'neglect type'. Significant differences in the effect of risk factors among latent classes were found in child's age and gender, perpetrator's gender, family poverty, biological parent as the perpetrator, domestic violence toward partner, perpetrator's alcoholic problem, insufficient parenting skills, and out-of-home care service, Based on these findings, results suggested how the typology can be used to guide decision about who to target in prevention and intervention programs, and which features of risk factors to target. Practice and policy implications as well as further research tasks were discussed in the lights of searching for useful and important strategies to prevent recurrence of child maltreatment.

• Journal of the Korean Society of Child Welfare
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• no.36
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• pp.165-196
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• 2011

With the increasing concerns of victimization of school violence, this paper is intended to present a pioneering study on the victims' conscientization which may result from their own experience of school violence by peers. The predominant concern of the study consists in: (1) the direct effects of individuals' perception toward violence in general, non-assertiveness, school violence experience by peers, and prosocial behavioral tendency on the individual conscientization of school violence problems; (2) the indirect effects of both individual prosocial behavioral tendency and perceptions toward violence through non-assertiveness on individual conscientization of school violence problems;(3) the sexual differences of the five latent variables(perceptions toward violence in general, non-assertiveness, prosocial behavioral tendency, school violence experience by peers, and conscientization of school violence problems; (4) the sexual differences of both direct and indirect correlates on conscientization of school violence problems. Research is based on a survey conducted with 526 adolescents (268 males and 258 females) from 16 middle schools located in different districts of the city of Pohang. In order to address the research questions, structural equation models on adolescents' conscientization of school violence are explored. A variety of tests are conducted (configural invariance, metric invariance and structural invariance, intercept invariance, critical ratio for difference test, multi-group analysis, latent mean analysis including Cohen's effect test). The major findings of the study support the significance of both direct effects and indirect effects of the four latent factors(perceptions of violence in general, non-assertiveness, prosocial behavioral tendency, school violence experience by peers). The individual prosocial behavioral tendency has a positive mediating effect on the enhancement of individual conscientization toward school violence problems. However, we fail to find the direct positive effect of individual violence experience on the conscientization of school violence problems. In conclusion, a range of practical implications for social workers and other related professionals who are engaged in helping out the adolescents with school violence by peers are suggested based on the study findings.

• Cross-Cultural Studies
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• v.41
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• pp.33-56
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• 2015

Trauma studies have provided useful models for dealing with the catastrophic and disastrous events that an individual and collective group experience. Most important of all, the perspective of post-structuralist trauma study, including Cathy Caruth, became a paradigmatic model and it has been applied to almost all contexts of life. The perspective of this study model, which is called an "event-based model of trauma," focuses on the literal registration of the traumatic event and the accurate and immediate recall of the past. The person directly involved in the event becomes the passive bearer transmitting the truth of a traumatic event. From this perspective, the traumatic subject only undergoes and endures the event and cannot play an active role in constructing trauma and dealing with it. Eventually, the truth of trauma has to be obtained at the cost of the traumatic subject's autonomy and the possibility of his/her agency. The problem here is that the truth, which is reencountered through the literal return of the past, obtained at the cost of the subject's autonomy, strikes a rather fatal blow to the person, than gives help for resolving many of matters surrounding traumatic experience and curing trauma. This suggests that the active way of dealing with trauma on the part of the traumatic subject, rather than the traumatic event itself, is demanded. Furthermore, because more recently, images of disastrous events were viewed "live" by audiences and an immediacy to the event is replicated in public discourse about them, the event becomes more immediately traumatic and there is a more strong presumption that people regard themselves as traumatic victims than before. This is the reason that we must explore an active way dealing with trauma on more human position at this time. This essay aims to examine the limits of the paradigmatic model of trauma study, an "event-based model of trauma," critically through a literary, theoretical text in which it reveals how the literal return of the traumatic past have a fatal effect on the victim; and hopes to suggest "the narrative memory" as a way to deal with trauma from a more humanistic perspective.

• Anatomy & Biological Anthropology
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• v.31 no.4
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• pp.121-131
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• 2018

Stature is one of the unique biological properties of a person, which can be used for identification of the individual. In this regard, statures are estimated for the unknown victims from crimes and disasters. However, the accuracy of estimates may be compromised by inappropriate methodologies and/or practices of stature estimation. Discussed in this study are the methodological issues related to the current practices of forensic anthropological stature estimation in Korea, followed by suggestions to enhance the accuracy of the stature estimates. Summaries of forensic anthropological examinations for 560 skeletal remains, which were conducted at the National Forensic Service (NFS), were reviewed. Mr. Yoo Byung-eun's case is utilized as an example of the NFS's practices. To estimate Mr. Yoo's stature, Trotter's (1970) femur equation was applied even though the fibula equation of a lower standard error was available. In his case report, the standard error associated with the equation (${\pm}3.8cm$) was interpreted as an 'error range', which gave a hasty impression that the prediction interval is that narrow. Also, stature shrinkage by aging was not considered, so the estimated stature in Mr. Yoo's case report should be regarded as his maximum living stature, rather than his stature-at-death. Lastly, applying Trotter's (1970) White female equations to Korean female remains is likely to underestimate their statures. The anatomical method will enhance the accuracy of stature estimates. However, in cases that the anatomical method is not feasible, the mathematical method based on Korean samples should be considered. Since 1980's, effort has been made to generate stature estimation equations using Korean samples. Applying the equations based on Korean samples to Korean skeletal remains will enhance the accuracy of the stature estimates, which will eventually increase the likelihood of successful identification of the unknowns.