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Administration and Practical Problems of South-North Commercial Arbitration Organization (남북 상사중재기구의 운영과 실행과제)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.55-77
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    • 2008
  • The purpose of this paper is to make a research on the administration and practical problems of the arbitral organization called "uth-North Commercial Arbitration Commission". The Arbitration Commission shall be set up under the South-North Agreements officially called "reement on Settlement Procedure of Commercial Dispute" and "reement on Organization and Administration of the South-North Arbitration Commission" between the South and the North of Korea. A variety means of dispute settlement including friendly consultations, conciliation and arbitration called Alternative Dispute Resolution(ADR) will be used frequently and institutionally to settle commercial disputes and conflicts arising from economic transactions between the South and the North of Korea. Under the circumstances, it is becoming a problem of vital importance how to operate the Arbitration Commission for the prompt and effective settlement of the South-North commercial disputes. First of all, the South and the North of Korea should recognize the availability of prompt and effective means of dispute resolution such as arbitration and conciliation to be made by the Arbitration Commission would promote the orderly growth and encouragement of th South-North trade and investment, for which the following measures should be taken as soon as possible : 1. Enactment of the South-North Arbitration Rules. 2. Designation of the arbitral institution by North-Korean side. In this connection, the Korean Commercial Arbitration Board(KCAB) was already designated officially as the arbitral organization of South Korean side as of April 17, 2007. 3. Arbitration shall be held in the place where the respondent has his domicile, in case that both parties fail to agree as to the place of arbitration. 4. Permission of a third country arbitration in case that both parties agree to do so. 5. To become a member country of international arbitration agreements including the New York Convention.

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A Study on Settlement of Commercial Disputes between the South and the North of Korea (남북한 상사분쟁의 해결에 관한 연구)

  • Kim Sang-Ho
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.3-49
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    • 2006
  • The purpose of this paper is to make research on the settlement mechanism of the commercial disputes between the South and the North of Korea. Also, this paper is to make research on the south-north Korea's cooperative tasks to promote the disputes settlement, including the operation and management of the South-North Arbitration Commission as well as the enactment of the South-North Arbitration Rules. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the Authorities concerned of the South and the North of Korea have reached an agreement titled 'Agreement on Settlement Procedure of Commercial Disputes' on December of the same year. As the follow-up measures of the said Agreement, the South-North Authorities have signed an another agreement called 'Agreement on Organization and Administration of the South-North Arbitration Commission' on October, 2003, which is becoming vital importance for settlement of the commercial disputes between south and north Korea including the Gaeseong Industrial Complex. Gaeseong, a city surrounded by the North Korean military and a symbol of inter-Korean tensions, is now turning into a peace zone where thousands of North and South Koreans are working side by side. The Gaeseong Industrial Complex project, driven by the logic and economic necessity of cooperation, has been steadily moving forward since the North designated it as a special economic zone and has enacted related laws and regulations for its development. Under the situation, the matter of primary concern is how to organize and conduct the Arbitration Commission for the prompt and effective settlement of the south-north commercial disputes. First of all, the South-North Authorities should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and mediation to be made by the Arbitration Commission would promote the orderly growth and encouragement of the south-north trade and investment. In this connection, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral institution of the south Korean side under the Agreement on Organization and Administration of the South-North Arbitration Commission. The KCAB is the only authorized arbitral organization in South Korea to settle all kinds of commercial disputes at home and abroad.

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An Economic Analysis of the Minimum Wage Commission (최저임금 결정구조의 경제적 분석)

  • Lee, Injae
    • Journal of Labour Economics
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    • v.41 no.4
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    • pp.107-131
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    • 2018
  • This paper presents a model for the Minimum Wage Commission's decision process and analyzes the strategic actions of the participants in the process. The Minimum Wage Commission has used two ways of setting the minimum wage. The commission has voted either on the labor's against the management' final proposals or has voted on the public interest commissioners' proposal. According to the model, the minimum wage is determined at a level that is very close to or at a level preferred by the median voter among the public interest commissioners. But the probability of adopting labor or management proposal is ex-ante the same. Empirical evidence from the minimum wage decision process is consistent with the predictions of the model. The probability of adopting the labor's proposal in the minimum wage commission voting is not statistically significantly different from 50%. The model also suggests that the preference of the median voter among public interest commissioners determines the minimum wage level. Since the government appoints public interest commissioners and thus, in fact, the median voters, the government can decide the minimum wage level. This proposition is also consistent with data. The annual growth rate of the minimum wage under the progressive governments is higher than under conservative governments.

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CAgM, USDA and the National Drought Policy Commission Associated with WAMIS

  • Motha, Raymond P.
    • Proceedings of The Korean Society of Agricultural and Forest Meteorology Conference
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    • 2003.09a
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    • pp.179-187
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    • 2003
  • This paper discusses three distinct organizational missions that all share the same need for improved information technology. The World Meteorological Organization's (WMOs) Commission for Agricultural Meteorology (CAgM) has global responsibility for improved agrometeorological services of Members to aid agricultural production and to conserve natural resources.(omitted)

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A Study on the Organization and Authority of the Personal Information Protection Commission (개인정보보호위원회의 조직과 권한에 관한 연구)

  • Kim, Ilhwan;Kim, Jaehyoun
    • Journal of Internet Computing and Services
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    • v.16 no.4
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    • pp.149-156
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    • 2015
  • The Personal Information Protection Commission shall be established under the direct jurisdiction of the President and shall independently perform affairs under its authority. It shall be comprised of total 15 members (5 members designated by the President, 5 members elected at the National Assembly and 5 members designated by the Chief Justice of the Supreme Court), including one minister-level Chairperson and one vice-minister-level standing member. Main functions of the Personal Information Protection Commission include deliberation and resolution of major policies and improvement of ordinances and systems related to personal information protection, coordination of opinions among public institutions in regards to the management of personal information, recommendation of improvement such as suspension of infringement by a central administrative agency, a local government and a constitutional institution, and submission of annual reports on personal information protection to the National Assembly. The function and role of the Personal Information Protection Commission regulated by the current law are insufficient in terms of independence and authorities of protection agencies compared to the international standard or level of discussion. The Commission thus cannot play a sufficient role as an independent agency for efficient protection of personal information. Therefore, there is a need for law revision that revives the purpose of the establishment of the Personal Information Protection Commission.

The Second-order Scattering of the Interaction of Pd Nanoparticles with Protein and Its Analytical Application

  • Guo, Xiaoyan;He, Baolin;Sun, Chuntao;Zhao, Yanxi;Huang, Tao;Liew, Kongyong;Liu, Hanfan
    • Bulletin of the Korean Chemical Society
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    • v.28 no.10
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    • pp.1746-1750
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    • 2007
  • The second-order scattering (SOS) phenomenon of the interaction of Pd nanoparticles with protein was reported and a simple, sensitive, palladium nanoparticle-based assay for trace amount of protein with SOS technique was developed. The SOS intensities were significantly enhanced due to the interaction of Pd nanoparticles with bovine serum albumin (BSA) or human serum albumin (HSA) at pH 3.5 or 4.0, respectively. The maximum SOS peak appeared at 260/520 nm (λex/λem). The optimal experiment conditions, affecting factors and the influence of some coexisting substances were checked. The SOS intensity increased proportionally with the increase of Pd concentration below 3.0 × 10?5 mol·L?1, while declined gradually above 4.0 × 10?5 mol·L?1. BSA within the range of 0.01-2.6 μg·mL?1 and HSA of 0.01-1.7 μg·mL?1 can be detected with this method and the detection limits were 2.3 and 11.2 ng·mL?1, respectively. The method was successfully applied to the quantitative detection of total protein content in human serum samples with the maximum relative standard deviation (RSD) lower than 2.6% and the recoveries over the range of 99.5-100.5%.

A Study on Trends for Reforming the Rule of Warranty in English Insurance Contract Law (영국 보험계약법 상 담보법원칙의 개혁동향에 관한 연구)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.209-240
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    • 2012
  • Since the age of Lord Mansfield, who laid the foundation of the modern English insurance contract law in the second part of the 18th century, English insurance law has developed a unique rule of warranty. Lord Mansfield adopted very different approach and afforded such a strict legal character to insurance warranty, because the promise, given by the insured, played an important role for the insurer to assess the scope of the risk insured at that time. It is still important that the insured keep his promises strictly to the insurer under the insurance contract, but legal environments have changed dramatically since the times of Lord Mansfield. English Law Commission proposed some proposals for reforming the warranty regime to reflect the changes of legal environment in CP 2007. This article is, therefore, designed to examine the proposals and consider their legal and practical implications. The proposals of Law Commission is summarized as following. First, in CP 2007, Law Commission made two principal proposals for reform of the law on warranty. The first is that the insurer should not be entitled to rely on a breach of warranty unless the insured has been provided with a witten statement of what they have undertaken under warranty. The second is that the insurer should not be entitled to reject a claim on the ground that the insured has breached a warranty unless there was a causal connection between the breach and the loss. Secondly, for consumer insurance, the rule requiring a causal connection would be mandatory, whereas for business insurance, it would be possible for the parties to agree on the effect a breach of warranty should have, provided they use clear language to express their intentions. Thirdly, where the insured contracted on the insurer's written standard terms of business, some statutory controls would be afforded to the contract to ensure that the cover was not substantially different from what the insured reasonably expected. Finally, Law Commission propose that a breach of warranty give the insurer the right to terminate the contract, rather than automatically discharging it from liability, but (unless otherwise agreed) only if the breach has sufficiently serious consequences to justify termination under the general law of contract. Having evaluated the proposals of the Law Commission and considered their legal and practical implications, it is quite clear that the proposed rule interfere with freedom of contract and create legal uncertainty. But change can not made without any victims, so Law Commission's attempt to change severe and injust aspects of the warranty regime would be very welcomed and respected.

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FISSION PRODUCT AND ACTINIDE RELEASE FROM THE DEBRIS BED TEST PHEBUS FPT4: SYNTHESIS OF THE POST TEST ANALYSES AND OF THE REVAPORISATION TESTING OF THE PLENUM SAMPLES

  • Bottomley P.D.W.;Gregoire A.C.;Carbol P.;Glatz J.P.;Knoche D.;Papaioannou D.;Solatie D.;Van Winckel S.;Gregoire G.;Jacquemain D.
    • Nuclear Engineering and Technology
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    • v.38 no.2
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    • pp.163-174
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    • 2006
  • The $Ph{\acute{e}}bus$ FP project is an international reactor safety project. Its main objective is to study the release, transport and retention of fission products in a severe accident of a light water reactor (LWR). The FPT4 test was performed with a fuel debris bed geometry, to look at late phase core degradation and the releases of low volatile fission products and actinides. Post Test Analyses results indicate that releases of noble gases (Xe, Kr) and high-volatile fission products (Cs, I) were nearly complete and comparable to those obtained during $Ph{\acute{e}}bus$ tests performed with a fuel bundle geometry (FPT1, FPT2). Volatile fission products such as Mo, Te, Rb, Sb were released significantly as in previous tests. Ba integral release was greater than that observed during FPT1. Release of Ru was comparable to that observed during FPT1 and FPT2. As in other $Ph{\acute{e}}bus$ tests, the Ru distribution suggests Ru volatilization followed by fast redeposition in the fuelled section. The similar release fraction for all lanthanides and fuel elements suggests the released fuel particles deposited onto the plenum surfaces. A blockage by molten material induced a steam by-pass which may explain some of the low releases. The revaporisation testing under different atmospheres (pure steam, $H_2/N_2$ and steam /$H_2$) and up to $1000^{\circ}C$ was performed on samples from the first upper plenum. These showed high releases of Cs for all the atmospheres tested. However, different kinetics of revaporisation were observed depending on the gas composition and temperature. Besides Cs, significant revaporisations of other elements were observed: e.g. Ag under reducing conditions, Cd and Sn in steam-containing atmospheres. Revaporisation of small amounts of fuel was also observed in pure steam atmosphere.