• Journal of Arbitration Studies
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• v.33 no.3
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• pp.107-128
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• 2023

International arbitration is a widely preferred alternative dispute resolution mechanism for many desirable characteristics, such as, party autonomy, procedural flexibility, ability of parties to select their arbitrators, as well as, finality of arbitral awards, among others. However, because arbitral tribunals derive their authority and jurisdiction from the parties' agreement(s) to arbitrate their dispute(s), arbitral tribunals lack coercive powers that national courts have. At times, arbitral tribunals have to deal with circumstances of non-production and/or spoliation of evidence, and due to the lack of coercive authority, it may be challenging to compel such recalcitrant parties to produce the relevant evidence and/or witnesses. Therefore, adverse inferences drawn against the recalcitrant parties may be the most effective sanctions. This article explores the sources of authority for arbitral tribunals to make such adverse inferences and argues for a precise set of rules or standard to be consistently applied by the arbitral tribunals in order to increase predictability in arbitral proceedings. Additionally, some of the critical issues when considering adverse inferences as sanctions are discussed.

• Korea Trade Review
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• v.44 no.6
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• pp.231-246
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• 2019

Circumvention refers to the situation in which exporters try to circumvent import restrictions by setting up factories in third countries and assembling and producing parts locally. Circumvention dumping eliminates the impacts of existing anti-dumping measures, and major countries are introducing anti-circumvention dumping laws to address this problem. If the act of the exporting country is recognized as a circumvention dumping activity, anti-dumping duties are applied retroactively to the imported goods or components. Evasion is an act of importation that results in the reduction or non-application of cash deposits, securities, or anti-dumping or countervailing duties, in a manner that is substantive or false, substantive or omission. In this article, we reviewed the contents and examples of the anti-circumvention measures by the US Department of Commerce (DOC), the International Trade Commission (ITC), and the Anti-Evasion measures by the CBP. The CBP examples show how much inference can be made about which parts of the CBP's investigations, and in what ways. The enactment of the EAPA created an environment in which the role of the CBP was directly guaranteed, and it was possible to apply adverse inferences to those who did not respond to requests for information, resulting in stronger CBP's authority. Therefore, it is advisable for Korea to examine the introduction of domestic laws, such as the bypass anti-dumping system, in order to cope with unfair trade practices that undermine and neutralize the effects of anti-dumping measures.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.32 no.3
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• pp.32-45
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• 2014

The study attempts to interpret original location and landscape composition of Yowol-pavilion Garden under the premise that tablet and poetry are important criteria for inference of unique location and landscape composition of a pavilion garden. The study raises the meaning, status, and value of Yowol Pavilion Garden as a cultural asset. The results of the study are as follows. First, Yowol-pavilion Garden was a place where famous Confucius scholars in Joseon Dynasty in 16th Century, including Kim, Kyung-Woo, the owner of the garden, used to share the taste for the arts and poetries with their colleagues. Along with a main characteristic of Yowol Pavilion Garden as a hideout for the Confucius scholars who stayed away from a political turmoil, the new place characteristic of the garden, a bridgehead for the formation of regional identity, was discovered in the record of "Joseon-Hwanyeo-Seungram Honam-Eupji JangSeong-Eupji", As described in "The first creative poetry of Yowol-pavilion", the intention for the creation of Yowol-pavilion Garden and the motive for its landscape composition is interpreted as a space of rivalry where the world, reality and ideals are mixed up. Second, related to outstanding scenic factors and natural phenomena when taking a view from the pavilion, the name of the house 'Yowol', which means 'Greeting the moon rising on the Mt. Wolbong' is the provision of nature and taste for the arts, and is directly connected to the image of leaving the worldly. In other words, the name was identified to be the one that reflected the intention for landscape composition to follow the provision of nature separating from joy and sorrow of the mundane world. Third, as for the location, it was confirmed through "YeongGwang-Soksu-Yeoji-Seungram" that Yowol-pavilion Garden was a place where the person who made the pavilion prepared for relaxation after stepping down from a government post, and literature and various poetry show that it was also a place of outstanding scenic where Yellow-dragon River meandered facing Mt. Wolbong. Especially, according to an interview with a keeper, the visual perception frequency of the nightscape of Yowol-pavilion Garden is the highest when viewing by considering the east, the direction of Yellow-dragon River, as Suksigak[normal angle's view], towards Yowel-pavilion from the keeper's house. In addition, he said that the most beautiful landscape with high perception strength is when the moon came up from the left side of Yowol-pavilion, cuts across the Lagerstroemia india heal in front of Yowol-pavilion, and crosses the meridian between Mt. Wolbong peaks facing Yowol-pavilion. Currently, the exposure of Yowol-pavilion Garden is $SE\;141.2^{\circ}$, which is almost facing southeast. It is assumed that the exposure of Yowol-pavilion Garden was determined considering the optimized direction for appreciating the trace of the moon and the intention of securing the visibility as well as topographic conditions. Furthermore, it is presumed that the exposure of Yowol-pavilion Garden was determined so that the moon is reflected on the water of Yellow-dragon River and the moon and its reflection form a symmetry. Fourth, currently, Yowol-pavilion Garden is divided into 'inner garden sphere' composed of Yowol-pavilion, meeting place of the clan and administration building, and 'outer garden sphere' which is inclusive of entrance space, Crape Myrtle Community Garden and Pine Tree Forest in the back. Further, Yowol-pavilion Garden has been deteriorated as the edge was expanded to 'Small lake[Yong-so] and Gardens of aquatic plants sphere' and recently-created 'Yellow-dragon Pavilion and park sphere'. Fifth, at the time it was first made, Yowol-pavilion Garden was borderless gardens consisting of mountains and water taking a method of occupying a specific space of nearby nature centering around pavilion by embracing landscape viewed from the pavilion, but interpreted current complex landscapes are identified to be entirely different from landscapes of the original due to 'Different Changes', 'Fragmentation' and 'Apart piece' in many parts. Lastly, considering that Yowol-pavilion Garden belongs to the Cultural Properties Protection Zone, though not the restoration to the landscapes of the original described in tablet and literature record, at least taking a measure from the aspect of land use for minimizing adverse effect on landscape and visual damage is required.