• Journal of Arbitration Studies
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• v.27 no.1
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• pp.59-84
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• 2017

The effects of an arbitration agreement depend on the legislative policy of the nation where arbitral awards are made and where awards are worked out in the private procedures. According to the main body of Article 35 of the Korean Arbitration Act, arbitral awards have the same effects on the parties as the final and conclusive judgment of the court. This is only possible if the awards are formed by satisfying all the legal requirements, have gone into effect, and have become final and conclusive. It is for the legal stability and the effectiveness of the settlement of disputes that the Act grants arbitral awards. While investigating the effects of an arbitral award, the character of the arbitration in which the party's autonomy applies should be considered, along with the substance of the disputes which parties intend to resolve by an arbitration agreement. The proviso of Article 35, which was added in the 2016 Act, says that the main body of the Article shall not apply if recognition or enforcement of arbitral awards is refused under Article 38. Two stances have been proposed in interpreting the proviso. One of them is that there are grounds for refusing the recognition and enforcement of the awards. The other one is that the ruling of the dismissal of a request for enforcement has been final and conclusive. According to the former, it is really unexplained as to its relations with the action for setting aside arbitral awards to court and the distinction between nullity and revocation, and so on. Therefore, its meaning must be comprehended on the basis of the latter so that the current Act system with revocation litigation could be kept. The procedures of setting aside, recognizing, and enforcing arbitral awards are independent of one another under the Act. It is apprehended that the duplicate regulations may lead to the concurrence or contradiction of a court's judgment and ruling. Thus, we need to take proper measures against the negative sides by interfacing and conciliating these proceedings.

• Nutrition Research and Practice
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• v.8 no.6
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• pp.644-654
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• 2014

BACKGROUND/OBJECTIVES: Although preclinical studies suggest that garlic has potential preventive effects on cardiovascular disease (CVD) risk factors, clinical trials and reports from systematic reviews or meta-analyses present inconsistent results. The contradiction might be attributed to variations in the manufacturing process that can markedly influence the composition of garlic products. To investigate this issue further, we performed a meta-analysis of the effects of garlic powder on CVD risk factors. MATERIALS/METHODS: We searched PubMed, Cochrane, Science Direct and EMBASE through May 2014. A random-effects meta-analysis was performed on 22 trials reporting total cholesterol (TC), 17 trials reporting LDL cholesterol (LDL-C), 18 trials reporting HDL cholesterol (HDL-C), 4 trials reporting fasting blood glucose (FBG), 9 trials reporting systolic blood pressure (SBP) and 10 trials reporting diastolic blood pressure (DBP). RESULTS: The overall garlic powder intake significantly reduced blood TC and LDL-C by -0.41 mmol/L (95% confidence interval [CI], -0.69, -0.12) (-15.83 mg/dL [95% CI, -26.64, -4.63]) and -0.21 mmol/L (95% CI, -0.40, -0.03) (-8.11 mg/dL [95% CI, -15.44, -1.16]), respectively. The mean difference in the reduction of FBG levels was -0.96 mmol/L (95% CI, -1.91, -0.01) (-17.30 mg/dL [95% CI, -34.41, -0.18]). Evidence for SBP and DBP reduction in the garlic supplementation group was also demonstrated by decreases of -4.34 mmHg (95% CI, -8.38, -0.29) and -2.36 mmHg (95% CI, -4.56, -0.15), respectively. CONCLUSIONS: This meta-analysis provides consistent evidence that garlic powder intake reduces the CVD risk factors of TC, LDL-C, FBG and BP.

• Korean journal of applied entomology
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• v.44 no.1 s.138
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• pp.73-90
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• 2005

Although the history of IPM can be traced back to the late 19th century, when ecology was identified as the foundation for scientific plant protection, it has been more than thirty years since first enunciation. Since than, the concept of IPM has evolved in multiple paths not only in entomology but in plant pathology and in weed science, and the philosophy has become a firm foundation to the science of plant protection. The IPM concept has gained wide general acceptance, however, because of the many-facet aspects, there has been some controversy and/or misunderstanding by the students and practitioners. In this paper, I was tried to review the concepts of IPM and to resolve the contradiction between the philosophy and practical techniques. On this line, the historical background and the concept of economic injury level, which is the foundation of the concepts, are reviewed and discussed the sampling techniques and the population dynamics of single pest, which were basic to the rational and effective application of the management techniques. IPM is not a science per se but it is a technique and it should be applicable to the real conditions. For this purpose, the information on the pests should be transferred to the producers as fast as possible. From such, some of my own opinion is presented in relation to current systems of the pest occurrence forecasting.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.6D
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• pp.587-598
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• 2012

Successful implementation of infrastructure asset management system can be started with rich and reliable data. However, measurement errors in the data have always existed in the real world caused for many unknown reasons. It disturbs maintenance activities of agencies, and makes negative effects to reliability of research results on forecasting deterioration process and life cycle cost. Above all, it makes a contradiction that road agencies cannot believe their inspection data surveyed by their hands. It is particularly serious in the road pavement management field. Although road agencies are well recognized the fact, inspecting without measurement error would be a great challenge. Considering the facts, this paper aimed to suggest statistical error processing methods to correct latent error included in pavement surface inspection data. As alternatives, this paper suggested two methods based on probability distribution to consider structure of error and reliability of the data. The suggested methods were empirically tested by using pavement inspection data from Korean National Highway. As the result, this paper confirmed that conventional error processing that just removes only visible errors is not enough to cover uncertainty in pavement deterioration process. The suggested methods would be useful for improving reliability of analysis results required for road infrastructure asset management.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.12 no.5
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• pp.2149-2162
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• 2011

Currently practical examination can't function as a practical technique ability evaluation', so there is a contradiction which even though a radiologist passed an examination for license, he has to complete a training course. To improve this problem, this study tried to deduce the most reasonable plan from the analysis of propriety of currently practical examination and what improvement points are. This conduct study was compared and analyzed the performance or practical examination of radiology from leading advanced countries within the samples of 634 radiologists, 56 professors of radiology. From the result of this study, it showed that radiology practical examination was difficult to be substituted by radiology clinical training since there were some critical differences between conditions of domestic and advanced countries. Therefore, the introduction of the radiology practical examination is inevitable and necessary. However the currently practical examination can't evaluate actual practical ability, so we could conclude that converting it into OSCE (objective structured clinical examination) form is essential. From now on, we should consider more about an in-depth study on types of advanced practical examination and how to suggest and present them in order to become an one of the advanced countries for radiologic technologist.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.6
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• pp.688-693
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• 2016

In this study, various conflicts in the maritime police organization were diagnosed and police subculture, which is different from dominant mainstream maritime police culture, was concluded to cause conflicts. In addition, maritime police conflicts and conflicts due to the balance, confrontation, and contradiction between bureaucratic and democratic values in the maritime police organization itself are discussed. The results of analysis on the effects of Maritime police subculture on organizational conflict are as follows: First, the influence of cynicism on functional conflict was explored. The higher the level of lies of the persons under investigation, the more functional conflict appeared. Also, if a person showed a low level of credibility among the police, this also led to functional conflict. In addition, if an individual showed low levels of cooperation and credibility with the police, this resulted in hierarchical conflict. Second, the influence of machismo on functional conflict was also explored. It was found that female officers experienced conflicts because of poorer job performance compared to male counterparts. In hierarchical issues, female officers experienced conflict over the reduced scope of tasks assigned to them and lower job performance ability. Third, the effect of non-acceptance of change in functional conflict was not statistically significant. An aggressive attitude toward crime control and rejecting jobs unrelated to crime influenced functional conflict, and an aggressive attitude and performing jobs unrelated to crime lead to functional conflict.

• Cartoon and Animation Studies
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• s.38
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• pp.115-132
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• 2015

An animation is a tool to represent the consciousness of an author. It is a medium that converts his/her consciousness to time by the means of spaces. Image is the most inherent element among the elements of an animation. Character is the element that has the very core function among the elements of an image because a character is a shape that can deliver a story through various actions and facial expressions. In this context, is a representative satire animation that describes a ranked and unequal human society and selfishness and absurdity of human beings existed in the human society, based on the original work of George Orwell. Therefore, this study aims to study what the work tries to satirize through the meanings and symbols that the characters, animals, and spaces in the work. As a result of the study, it was found that the characters appeared in the work are metaphoric symbols that imply the meanings of each character, not just simple characters or spaces. In the work, the farm is a symbolic space that symbolizes a human world. John, a human being, is described as a dictator in an absolute Russian monarchy who suppresses people. Old Major, a pig, is described as an old pioneer that preaches the appropriation of a revolution while Snow Ball, a pig that follows the Major is described as a naive leader that dreams to establish a real socialist state where everybody lives equal, through successful revolution. Another pig, Napoleon is described as the more greedy dictator than human being. He killed Snow Ball for his private ambition and suppresses and exploits the same race, animals. That is, setting man and various animals in the relation of dominant class and subordinated class, the author generates conflicts among characters. Although the characters pursue an ideal society through revolution, it requires another revolution in the process, which expresses repetitive contradiction of human history in a symbolic and strong way.

• The Journal of Art Theory & Practice
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• no.6
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• pp.101-121
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• 2008

An artist, Oh Yun(1946~86)'s theory of people's art during his final period is summed up in his essay 'Expansion of Artistic Imagination and World' (1985). Emphasizing the mystic and traditional characteristics of Oh Yun's artistic oeuvre during his final period, some critics focus on Oh Yun's experience of medical treatment and shamanistic custom at Jin Do island, and his belief in Jeung San Do, the dao of Jeung-san, the Ruler of the Universe. However, they forget the practical intention and implication of his theory of art during his final period, which aimed to overcome the contradiction of revelation itself. Oh Yun's essay criticized the loss of artistic imagination and the ignorance of traditional culture that resulted from the elevation of science to a religion, and insisted that the stereotyped idealism, scientism and elitism in art should be overcome in order to recover the full reality in realism and to continue traditional cultures. The essay is comprised of 18 paragraphs. Oh Yun criticized monochromatic art, conceptual art, hyper-realistic art, objet d'art, and neo-dadaist art, saying that they were simply mechanical forms of modern art derived from scientism and a fetishistic lens culture. In addition, he criticized naturalism in art, which had continued as a tendency in the development of western art, for the same reason. He pointed out that even the world of realism had been diminished by elite stereotypes and diagrams. He declared the need to overcome the imitation of shells or stereotyped propaganda, and recover full realism, which seems to have started with a reflective examination of current problems in 'Reality and Utterance', in which he participated. Especially, he thought that universality and the extension of full realism could be achieved by building on the views of traditional cultures, which is meaningful. This logic is same as the theory of epic theatre that Bertolt Brecht(1898~1956) has developed under the ancient Greek masque and Pieter Bruegel the Elder(1525~69)'s story-like picture style. The universality of realism and the extension of acquisition to include incantation art, rather than move toward incantation art, is what Oh Yun intended to propose in 'Artistic Imagination'. This attitude is same as Bertoh Brecht's aesthetic viewpoint in the 1930s. But regrettably, Oh Yun's style wording, which seems covert and far-sighted, is often misunderstood as 'mysticism'. In the flow of people's art in the 1980s, Oh Yun was a traditionalist in a narrow sense, and an realist in a broad sense. However, his critical mind, which comprehends tradition and reality, was attempting to expand universality and extend full realism, and this attempt found many sympathizers and had an influence on the next generation of people's artists, such as "Levee" which is field-centered, to which we should pay attention. This means that while their works thought about 'tradition', we should be careful not to connect them with 'aesthetic conservatism' or 'classical art'. This is the why the meaning of Oh Yun's theory of art during his final period should be closely examined again.

• Journal of the Korean association of regional geographers
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• v.6 no.1
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• pp.29-49
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• 2000

The purposes of this study are to identify the characteristics of inner-city industrial community and to analyse the subsistence mode of small manufacturing enterprises in the industrial community in Taegu Metropolitan area. The case study area, Nowon 1. 2-ga dong, is the typical inner city industrial community, adjacent to old industrial complex, which was recently transformed from semi -industrial to semi-residential zoning district. Now there are many old one story housing, newly constructed multi stories housing and many small factories of metal and machinery products. The conflicts of between residents and small business owners are not serious but latent. The subsistence mode of small manufacturing enterprises in this area is characterized as the network production system. The main attributes of this mode are local integration, horizontal subcontracting and strong industrial linkages in production processes and transactions. These transactions are mainly made by face-to-face contacts. The small business owners' local social networks are seen as series of units which are interconnected through various types of social and business relations. They exchange business information as using social networks. In addition, the majority of them join local social clubs with their local business counterpartners. Finally, the locational advantages of inner-city industrial community are production network, different industrial linkages and characteristic industrial milieu such as social solidarity, informal labor market and incubator effects. But these advantages are being challenged from the contradiction between capital and laned property and the urban gentrification policy. Accordingly, there should be positive redevelopment policy considering the subsistence mode of small business in these areas.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.