• 한국중재학회지:중재연구
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• 제29권2호
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• pp.161-199
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• 2019

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

• 한국중재학회지:중재연구
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• 제25권2호
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• pp.49-70
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• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.113-137
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• 2005

In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.

• 무역학회지
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• 제43권6호
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• pp.139-160
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• 2018

본 연구는 중재판정부의 임시적 처분에 대하여 중국 정부가 어떤 기준에 근거하여 판단하고 있는지 관련 사례분석을 통해 규명하고자 하였다. 먼저 대부분의 국가에서 중재판정부 에 의한 임시적 처분을 인정하고 있는 반면, 중국은 여전히 법원 고유의 권한으로 인정하고 있다. 이는 국제적 추세와 불일치하는 판단이기도 하다. 특히 주요법률 규정인 중재법과 민사소송법이 2017년에 개정되었음에도 임시적 처분에 대한 규정은 변화가 없고 여전히 중재규칙간의 불일치로 인한 문제가 남아 있다. 따라서 중재절차상 임시적 처분이 어떻게 적용하고 집행하는지 중국의 입장과 태도에 대해서 주의를 기울일 필요가 있다.

• Structural Engineering and Mechanics
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• 제60권1호
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• pp.51-69
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• 2016

A large number of welded steel moment-resisting framed (SMRF) structures failed due to brittle fracture induced by ductile fracture at beam-to-column connections during 1994 Northridge earthquake and 1995 Kobe (Hyogoken-Nanbu) earthquake. Extensive research efforts have been devoted to clarifying the mechanism of the observed failures and corresponding countermeasures to ensure more ductile design of welded SMRF structures, while limited research on the failure analysis of the ductile cracking was conducted due to lack of computational capacity and proper theoretical models. As the first step to solve this complicated problem, this paper aims to establish a straightforward procedure to simulate ductile cracking of welded joints under monotonic tension. There are two difficulties in achieving the aim of this study, including measurement of true stress-true strain data and ductile fracture parameters of different subzones in a welded joint, such as weld deposit, heat affected zone and the boundary between the two. Butt joints are employed in this study for their simple configuration. Both experimental and numerical studies on two types of butt joints are conducted. The validity of the proposed procedure is proved by comparison between the experimental and numerical results.

• 무역상무연구
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• 제29권
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• pp.3-37
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• 2006

This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

• Structural Engineering and Mechanics
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• 제57권1호
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• pp.1-20
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• 2016

On the basis of the geological conditions of high and steep mountainous slope on which an exit portal of an express railway tunnel with a bridge-tunnel combination is to be built, the composite structure of the exit portal with a bridge abutment of the bridge-tunnel combination is presented and the stability of the slope on which the express railway portal is to be built is analyzed using three dimensional (3D) numerical simulation in the paper. Comparison of the practicability for the reinforcement of slope with in-situ bored piles and diaphragm walls are performed so as to enhance the stability of the high and steep slope. The safety factor of the slope due to rockmass excavation both inside the exit portal and beneath the bridge abutment of the bridge-tunnel combination has been also derived using strength reduction technique. The obtained results show that post tunnel portal is a preferred structure to fit high and steep slope, and the surrounding rock around the exit portal of the tunnel on the high and steep mountainous slope remains stable when rockmass is excavated both from the inside of the exit portal and underneath the bridge abutment after the slope is reinforced with both bored piles and diaphragm walls. The stability of the high and steep slope is principally dominated by the shear stress state of the rockmass at the toe of the slope; the procedure of excavating rockmass in the foundation pit of the bridge abutment does not obviously affect the slope stability. In-situ bored piles are more effective in controlling the deformation of the abutment foundation pit in comparison with diaphragm walls and are used as a preferred retaining structure to uphold the stability of slope in respect of the lesser time, easier procedure and lower cost in the construction of the exit portal with bridge-tunnel combination on the high and steep mountainous slope. The results obtained from the numerical analysis in the paper can be used to guide the structural design and construction of express railway tunnel portal with bridge-tunnel combination on high and abrupt mountainous slope under similar situations.

• 한국중재학회지:중재연구
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• 제26권3호
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

• Computers and Concrete
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• 제21권4호
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• pp.355-365
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• 2018

Five previously-tested reinforced concrete frames were modelled using a nonlinear finite element analysis procedure to demonstrate the accurate response simulations for seismically-deficient frames through pushover analyses. The load capacities, story drifts, and failure modes were simulated. This procedure accounts for the effects of shear failures and the shear-axial force interaction, and thus is suitable for modeling seismically-deficient frames. It is demonstrated that a comprehensive analysis method with a capability of simulating material constitutive response and significant second-order mechanisms is essential in achieving a satisfactory response simulation. It is further shown that such analysis methods are invaluable in determining the expected seismic response, safety, and failure mode of the frame structures for a performance-based seismic evaluation. In addition, a new computer program was developed to aid researchers and engineers in the direct displacement-based seismic design process by assessing whether a frame structure meets the code-based performance requirements by analyzing the analysis results. As such, the proposed procedure facilitates the performance-based design of new buildings as well as the numerical assessment and retrofit design of existing buildings. A sample frame analysis was presented to demonstrate the application and verification of the approach.

• Structural Engineering and Mechanics
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• 제64권1호
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• pp.81-92
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• 2017

Many materials in engineering exhibit different modulus in tension and compression, which are known as bi-modulus materials. Based on the bi-modulus elastic theory, a modified semi-analytical model, by introducing a stress function, is established in this paper to study the mechanical response of a bi-modulus cylinder placed in an axisymmetric temperature field. Meanwhile, a numerical procedure to calculate the temperature stresses in bi-modulus structures is developed. It is proved that the bi-modulus solution can be degenerated to the classical same modulus solution, and is in great accordance with the solutions calculated by the semi-analytical model proposed by Kamiya (1977) and the numerical solutions calculated both by the procedure complied in this paper and by the finite element software ABAQUS, which demonstrates that the semi-analytical model and the numerical procedure are accurate and reliable. The result shows that the modified semi-analytical model simplifies the calculation process and improves the speed of computation. And the numerical procedure simplifies the modeling process and can be extended to study the stress field of bi-modulus structures with complex geometry and boundary conditions. Besides, the necessity to introduce the bi-modulus theory is discussed and some suggestions for the qualitative analysis and the quantitative calculation of such structure are proposed.