• Title/Summary/Keyword: argument construction

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A Study on Some Problems in Multiparty Arbitration (다수당사자중재의 문제점에 관한 고찰)

  • Kim Myung-Yeop
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.207-244
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    • 2003
  • There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

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A Study on Some Types of Separable Syntactic Atoms in Korean (분리성 통사원자의 유형별 검토)

  • Lee, Ho-Seung
    • Cross-Cultural Studies
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    • v.38
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    • pp.433-459
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    • 2015
  • This paper aims at a better understanding of the concept of korean separable syntactic atom, of which inner parts is separable in syntax, and at examining whether or not this concept can apply to derivatives, functional complex constructions, idiomatic expressions in korean. I defined a syntactic atom as a minimum unit which is drawn directly from lexicon and then is applied to syntactic rules. And I insist that so-called 'lexical island constraint' has some problems and that the syntactic rules can be applied to inner parts of syntactic atom, if the syntactic rules is irrelevant to new syntactic atom formation. The greater part of derivatives is non-separable syntactic atoms. But the likes of '반짝거리다', '죄송스럽다', '칭얼대다' are the separable syntactic atoms. The degree of separability of them is different in the insertion of korean particles or negative adverbs and the omission of root of sytactic atom. The derivatives of 'X-적', of which roots is regular nominal roots, permit the syntactic link between roots and the syntactic combination of the root and its argument. These kinds of derivatives is separable syntactic atoms. Also the derivatives of 'bracket paradox' and 'X-답-' derivatives is separable syntactic atoms. All functional complex constructions are not separable syntactic atoms. According to the degree of grammaticalization, inner parts of some are separable, some is non-separable. Separable functional complex constructions only permit the switching of endings or Josas but not application of other syntactic rules. All idiomatic expressions which are composed of two or more syntactic atoms are separable syntactic atoms. Some of them have so strong separability to allow the insertion of syntactic atom, adverb or adnominal modification and the noun in idiomatic expression to become the head of the relative clause. And some idiomatic expressions which have weak separability only permit interrogative's substitution or form change in fraction of idiomatic expressions.

"We Like It Ourselves!": Reading Female Sexuality in The Aspern Papers ("우린 이대로가 좋아요!" -『애스펀의 편지』로 읽는 이리가라이식 여성성)

  • Nam, Soo-Young
    • Journal of English Language & Literature
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    • v.55 no.1
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    • pp.153-176
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    • 2009
  • This paper attempts an allegorical reading of female sexuality in Henry James' The Aspern Papers, wherein the narrator reveals his obsession with the love letters of the dead poet, Jeffrey Aspern. Not only the old papers, but does he also fetishize female protagonists in order to maintain his belief in the "great poet." Discussing such fetishistic elements in the novella is in order firstly to reveal the self-splitting logic of phallocentric language, and secondly to analyze the limitation of such language, which resonates with the Freudian construction of female sexuality as critically presented by Irigary. The first part of this study explains the binary structure of The Aspern Papers crystalized in the symbolic courtship in the Bordereaus' garden. It also represents the psychological mindset of the narrator/protagonist: symbolically located "outside," the narrator describes the two Bordereaus as being closed "inside" in a dark mansion, concealing the precious papers from him and the public. In other words, the women are nothing but the obstacle for the self-elected agent, the narrator, from the publication of the language and ideas of the "great man". The women are associated with secrecy and surreptitiousness, while the man with transparency and the truth. Second part of this paper mimics this In/Out binary as a means to reveal insufficiency, if not impropriety, of the predominant discourse of female sexuality constructed and controlled from the male perspective. Employing Irigary's argument, this paper reads the female characters as allegory for female sexual organs, which explains the narrator's inevitable failure. That is, female sexuality is something that cannot be articulated by the intruding language of a masculine subject. since the female sex as such is not only plural but also harmonious and self-contained,

The Study on the Sim(心) in Buddhism Medicine, Sasang Constitutional Medicine, and Oriental Medicine for construction of mind and body cure (심신치유를 위한 불교의학, 사상의학, 한의학에서의 심(心)의 연구)

  • Kim, Geun-Woo;Park, Seong-Sik
    • Journal of Oriental Neuropsychiatry
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    • v.23 no.1
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    • pp.1-15
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    • 2012
  • Objectives : The objective of this study is the Basic research for mind and body cure protocol construction through the Sim(心) study at Buddhism Medicine, Constitutional Medicine, and Oriental Medicine. Methods : 1. The Sim(心) in Buddhism is a target of spiritual culture and subjective awareness of An ascetic person in interior psychology. In this research, the Sim(心) has been modified within a concept of Early Buddhism and You-sic in order to have medical logicality. 2. Since the study deep into Sim(心) within Confucianism has various aspects, each Confucian's theory argument or era. We limited the significance of the Sim(心) to be associated with the category of the Sim(心) in Sasang Constitutional Medicine which is a product of practical Confucianism. 3. The criteria of debate for the Sim(心) is based on the "Hwang-je-nae-gyoung", because "Hwang-je-nae-gyoung" is founded to definite the term regarding spirit or mind in Oriental medicine Results : 1. "Hwang-je-nae-gyoung" which came from thought of You-Sic, thought of Taoism, and Early Buddhism becomes the theoretical basis for the Sim(心) in Buddhism Medicine, Sasang Constitutional Medicine, and Oriental Medicine. 2. The Sim(心) in the mind psychology of Buddhism Medicine, Sasang Constitutional Medicine, and Oriental Medicine has active aspects. but the visual thing // There are visual aspects being contrasted with 'Sim(心)' of mind psychology and aspects of activity in Buddhism medicine, Sasang constitutional Medicine and Oriental Medicine; which are 'Hrd', 'Hrdaya', 'four-large' 'five base', 'chin, chest, navel and abdomen', 'head, shoulder, waist and buttocks' consisting 'the body', and the heart and 'four interorgans' from the study of symbolical interorgans). In Buddhism Medicine, Sim(心)'s Epistemology is the most extensively understood fact about 'Sim(心)', and for Sasang Constitutional Medicine and Oriental Medicine. 'Sim(心)' is limited as an 'Element' that comprises the body. 3. The Functional area of the Sim(心) in the Buddhism Medicine, Sasang Constitutional Medicine, Oriental Medicine is composed with 'consciousness(意識)' 'manas-vij_na(末那識)', '_aya-vij_na(阿賴耶識)', 'mind greed(心欲)', 'Li(理)' and 'Sin(神)', about the interpretive area of 'Sim(心)', 'Sin(神)' of Oriental medicine is the most comprehensive concept, and on the side of the depth of 'thinking' and 'consciousness', '_aya-vij_na(阿賴耶識)' from Buddhism Medicine in the key point. 4. The Sim(心) in the Buddhism Medicine, Sasang Constitutional Medicine, has the positive and negative aspects, such as the 'Dukkha(煩惱)' and A merciful heart or Human Sim(心) and Taoism Sim(心).

The Persuit of Rationality and the Mathematics Education (합리성의 추구와 수학교육)

  • Kang Wan
    • The Mathematical Education
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    • v.24 no.2
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    • pp.105-116
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    • 1986
  • For any thought and knowledge, its growth and development has close relation with the society where it is developed and grow. As Feuerbach says, the birth of spirit needs an existence of two human beings, i. e. the social background, as well as the birth of body does. But, at the educational viewpoint, the spread and the growth of such a thought or knowledge that influence favorably the development of a society must be also considered. We would discuss the goal and the function of mathematics education in relation with the prosperity of a technological civilization. But, the goal and the function are not unrelated with the spiritual culture which is basis of the technological civilization. Most societies of today can be called open democratic societies or societies which are at least standing such. The concept of rationality in such societies is a methodological principle which completes the democratic society. At the same time, it is asserted as an educational value concept which explains comprehensively the standpoint and the attitude of one who is educated in such a society. Especially, we can considered the cultivation of a mathematical thinking or a logical thinking in the goal of mathematics education as a concept which is included in such an educational value concept. The use of the concept of rationality depends on various viewpoints and criterions. We can analyze the concept of rationality at two aspects, one is the aspect of human behavior and the other is that of human belief or knowledge. Generally speaking, the rationality in human behavior means a problem solving power or a reasoning power as an instrument, i. e. the human economical cast of mind. But, the conceptual condition like this cannot include value concept. On the other hand, the rationality in human knowledge is related with the problem of rationality in human belief. For any statement which represents a certain sort of knowledge, its universal validity cannot be assured. The statements of value judgment which represent the philosophical knowledge cannot but relate to the argument on the rationality in human belief, because their finality do not easily turn out to be true or false. The positive statements in science also relate to the argument on the rationality in human belief, because there are no necessary relations between the proposition which states the all-pervasive rule and the proposition which is induced from the results of observation. Especially, the logical statement in logic or mathematics resolves itself into a question of the rationality in human belief after all, because all the logical proposition have their logical propriety in a certain deductive system which must start from some axioms, and the selection and construction of an axiomatic system cannot but depend on the belief of a man himself. Thus, we can conclude that a question of the rationality in knowledge or belief is a question of the rationality both in the content of belief or knowledge and in the process where one holds his own belief. And the rationality of both the content and the process is namely an deal form of a human ability and attitude in one's rational behavior. Considering the advancement of mathematical knowledge, we can say that mathematics is a good example which reflects such a human rationality, i. e. the human ability and attitude. By this property of mathematics itself, mathematics is deeply rooted as a good. subject which as needed in moulding the ability and attitude of a rational person who contributes to the development of the open democratic society he belongs to. But, it is needed to analyze the practicing and pursuing the rationality especially in mathematics education. Mathematics teacher must aim the rationality of process where the mathematical belief is maintained. In fact, there is no problem in the rationality of content as long the mathematics teacher does not draw mathematical conclusions without bases. But, in the mathematical activities he presents in his class, mathematics teacher must be able to show hem together with what even his own belief on the efficiency and propriety of mathematical activites can be altered and advanced by a new thinking or new experiences.

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PRC Maritime Operational Capability and the Task for the ROK Military (중국군의 해양작전능력과 한국군의 과제)

  • Kim, Min-Seok
    • Strategy21
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    • s.33
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    • pp.65-112
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    • 2014
  • Recent trends show that the PRC has stepped aside its "army-centered approach" and placed greater emphasis on its Navy and Air Force for a wider range of operations, thereby reducing its ground force and harnessing its economic power and military technology into naval development. A quantitative growth of the PLA Navy itself is no surprise as this is not a recent phenomenon. Now is the time to pay closer attention to the level of PRC naval force's performance and the extent of its warfighting capacity in the maritime domain. It is also worth asking what China can do with its widening naval power foundation. In short, it is time to delve into several possible scenarios I which the PRC poses a real threat. With this in mind, in Section Two the paper seeks to observe the construction progress of PRC's naval power and its future prospects up to the year 2020, and categorize time frame according to its major force improvement trends. By analyzing qualitative improvements made over time, such as the scale of investment and the number of ships compared to increase in displacement (tonnage), this paper attempts to identify salient features in the construction of naval power. Chapter Three sets out performance evaluation on each type of PRC naval ships as well as capabilities of the Navy, Air Force, the Second Artillery (i.e., strategic missile forces) and satellites that could support maritime warfare. Finall, the concluding chapter estimates the PRC's maritime warfighting capability as anticipated in respective conflict scenarios, and considers its impact on the Korean Peninsula and proposes the directions ROK should steer in response. First of all, since the 1980s the PRC navy has undergone transitions as the focus of its military strategic outlook shifted from ground warfare to maritime warfare, and within 30 years of its effort to construct naval power while greatly reducing the size of its ground forces, the PRC has succeeded in building its naval power next to the U.S.'s in the world in terms of number, with acquisition of an aircraft carrier, Chinese-version of the Aegis, submarines and so on. The PRC also enjoys great potentials to qualitatively develop its forces such as indigenous aircraft carriers, next-generation strategic submarines, next-generation destroyers and so forth, which is possible because the PRC has accumulated its independent production capabilities in the process of its 30-year-long efforts. Secondly, one could argue that ROK still has its chances of coping with the PRC in naval power since, despite its continuous efforts, many estimate that the PRC naval force is roughly ten or more years behind that of superpowers such as the U.S., on areas including radar detection capability, EW capability, C4I and data-link systems, doctrines on force employment as well as tactics, and such gap cannot be easily overcome. The most probable scenarios involving the PRC in sea areas surrounding the Korean Peninsula are: first, upon the outbreak of war in the peninsula, the PRC may pursue military intervention through sea, thereby undermining efforts of the ROK-U.S. combined operations; second, ROK-PRC or PRC-Japan conflicts over maritime jurisdiction or ownership over the Senkaku/Diaoyu islands could inflict damage to ROK territorial sovereignty or economic gains. The PRC would likely attempt to resolve the conflict employing blitzkrieg tactics before U.S. forces arrive on the scene, while at the same time delaying and denying access of the incoming U.S. forces. If this proves unattainable, the PRC could take a course of action adopting "long-term attrition warfare," thus weakening its enemy's sustainability. All in all, thiss paper makes three proposals on how the ROK should respond. First, modern warfare as well as the emergent future warfare demonstrates that the center stage of battle is no longer the domestic territory, but rather further away into the sea and space. In this respect, the ROKN should take advantage of the distinct feature of battle space on the peninsula, which is surrounded by the seas, and obtain capabilities to intercept more than 50 percent of the enemy's ballistic missiles, including those of North Korea. In tandem with this capacity, employment of a large scale of UAV/F Carrier for Kill Chain operations should enhance effectiveness. This is because conditions are more favorable to defend from sea, on matters concerning accuracy rates against enemy targets, minimized threat of friendly damage, and cost effectiveness. Second, to maintain readiness for a North Korean crisis where timely deployment of US forces is not possible, the ROKN ought to obtain capabilities to hold the enemy attack at bay while deterring PRC naval intervention. It is also argued that ROKN should strengthen its power so as to protect national interests in the seas surrounding the peninsula without support from the USN, should ROK-PRC or ROK-Japan conflict arise concerning maritime jurisprudence. Third, the ROK should fortify infrastructures for independent construction of naval power and expand its R&D efforts, and for this purpose, the ROK should make the most of the advantages stemming from the ROK-U.S. alliance inducing active support from the United States. The rationale behind this argument is that while it is strategically effective to rely on alliance or jump on the bandwagon, the ultimate goal is always to acquire an independent response capability as much as possible.

A Study on Deliberative type of citizen participation: The case of The case of A Food Waste Recycling Facility in Ulsan City, Korea (숙의적 시민참여 모델 연구: 울산시 북구 음식물자원화시설 건립 사례)

  • Cho, Hyun-Suk
    • Journal of Science and Technology Studies
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    • v.6 no.1 s.11
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    • pp.1-30
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    • 2006
  • This paper is to analyse the case of citizen participation employed in the local government, Buk-gu (Northern District) in the city of Ulsan, Korea. A kind of deliberative type of citizen participation named' citizen jury' was exercised to resolve an environmental conflict between Buk-gu government and its residents. The conflict was caused by the construction of a food waste recycling facility near by some residential areas in Buk-gu. Theoretically this paper makes a typology of citizen participation methods. Two criteria are employed. First of all, lay citizens are the primary participant or not? Secondly, interactive communication is feasible or not among participants in the process of citizen participation. Four generic types of citizen participation are sorted out: technocratic, pluralist, direct/participatory, and deliberative type. Especially deliberative type of citizen participation is based on an idea of deliberative democracy. This paper argues that the case of citizen participation employed in Buk-gu belongs to deliberative type of citizen participation. The argument is based on the following reasons. Firstly, primary participants in deliberation process can be considered as lay citizens though they are selected form local NGOs and religious groups. According to a survey, most of participants said that they would participate in the process of deliberation in the capacity of lay citizens though they were selected by their own groups. Secondly, the citizen participation process was deliberately designed and implemented to facilitate competence of primary participants and fairness in the deliberation. Viewed from this analysis, this Buk-gu case can be safely considered an innovative method of citizen participation which is also very successful in resolving intractable environmental conflict in the local government.

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Evaluation on South and North Korean Military Power by Military Officers (남북 군사력 우열에 대한 군간부들의 인식 평가)

  • Lee Sang-Jin
    • Survey Research
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    • v.7 no.1
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    • pp.29-53
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    • 2006
  • This paper analyzes which of the military sub-fields has an effect on a soldier's evaluation of South and North Korean military power. There are three objectives of this paper. First, it is to analyze whether the South is superior to the North in the overall military power and military sub -fields, without the presence of the US armed forces in South Korea. Second, it is to assess which of the military sub-fields influences the overall evaluation of military power through a regression analysis. Finally, it is to look at whether the professional soldiers have a motivational bias, due to an argument that the military personnel tend to exaggerate the inferiority of their own military power to get more budget for defense construction. Research in 2002 and 2003 tell us that South Korean military power is slightly inferior to North Korea's. However, research in 2005 shows that military power of South and North Korea is almost equal. The sub-fields in which South Korea is superior are in the order of War Sustainability, Information Warfare, Air Force, and Navy. North Korea is regarded to be superior in the fields of Atomic Biological Chemical Warfare Capability, Special Force, Reserve Mobilization, and Army. The higher ranked soldiers tend to evaluate that the North is superior to the South.

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Environmental Controversy and the Role of Science - The Case of Saemangeum Reclamation Project in Korea (새만금 논쟁과 과학기술의 역할)

  • Cho Hong-Sup
    • Journal of Science and Technology Studies
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    • v.4 no.1 s.7
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    • pp.1-30
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    • 2004
  • In this paper, I have attempted to show how the environmental controversy surrounding the Saemangeurn Reclamation Project in Korea has been framed as narrow scientific debates. First of all, science, or specifically the Expert Review Pane, has played dual roles in the controversy. On the one hand, it has contributed to illuminating the future environmental impacts of reclamation, by so doing, to providing a momentum to reconsider the project. This has significant meaning that environmental concerns successfully checked the symbolic national project of developmental era through adopting a joint-investigation scheme that guaranteed participation of environmental groups on an equal footing with the government. On the other hand, by limiting the scope and participants of discussion, it fundamentally blocked the possibilities of public debates and deliberative decision-making with full considerations of the political, social, and cultural aspects of the controversy. I have shown that this is due to the realist belief shared by both the developers and the environmentalists in Korea that 'proper' science would disclose the truth. Environmental groups, in particular, were naive in evaluating the role of scientific expertise in the controversy and neglected the political role of the Expert Review Pane as a ritual. In opposition to the realist argument, I have shown through the analysis of the water quality debates concerning the future fresh water lakes that scientific 'facts' were not discovered but constructed through complex negotiations, conflicts, and compromises among related actors. The framing of the controversy as an experts' debate has resulted in the exclusion of an important actor from the discussion. Little attention has been paid throughout the controversy to the very people who have lived in the Saemangeum area for generations and will lose their livelihood all together soon. About 20,000 fishermen are living on the Saemangeum tidal flats.

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A Study on the Multi-scalar Processes of Gumi Industrial Complex Development, 1969-1973 (구미공단 형성의 다중스케일적 과정에 대한 연구: 1969-73년 구미공단 제1단지 조성과정을 사례로)

  • Hwang, Jin-Tae;Park, Bae-Gyoon
    • Journal of the Economic Geographical Society of Korea
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    • v.17 no.1
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    • pp.1-27
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    • 2014
  • This paper aims at exploring the multi-scalar processes through which the Gumi Industrial Complex was developed in the late 1960s and the early 1970s. Existing studies, influenced by the "Developmental State Thesis", tend to see the industrialization processes of South Korea either by focusing on the socio-politico-economic processes at the national scale or in terms of the plan rationality of the national bureaucrats. This paper, however, denies this perspective on the basis of the strategic relational approach to the state and the multi-scalar perspective. In particular, it argues that the state actions for national industrialization have been the outcome of complex interactions, conflicts and negotiations among social forces, acting in and through the state, and at diverse geographical scales. This paper attempts to empirically prove this argument on the basis of a case study on the construction processes of Gumi Industrial Complex. The development of Gumi Industrial Complex cannot be solely explained in terms of either the plan rationality of the national bureaucrats or the political motivation related to the fact that Gumi was the hometown of President Park Jung-Hee. This paper argues that the development of Gumi Industrial Complex was heavily influenced by the role of the following actors; place-dependent local actors in Gumi and the multi-scalar agents, such as the Korean-Japanese businessmen and the national parliament members elected in the Gumi electoral district.

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