• Journal of Arbitration Studies
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• v.23 no.2
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• pp.81-113
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• 2013

The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

• Analyses & Alternatives
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• v.6 no.1
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• pp.163-194
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• 2022

A transboundary environmental problem refers to an environmental problem that goes beyond a country's territory and damages neighboring countries. It is a difficult problem because, basically, it is a natural, rather than intentional, effect, and it is extremely hard to make a scientific consensus on the cause-effect relations between upstream and downstream nations. Air pollution, especially PM 2.5 and PM 10, is one of the typical cases of transboundary environmental problems in the Northeast Asia. This paper analyzes the constraints of environmental cooperation between China and South Korea to address transboundary air pollution issue. It argues that lack of trust and ideological hostility, rather than, scientific uncertainty, is the biggest obstacle for effective cooperation, and these hostile discourses and ideas are mostly generated by media in the downstream nation, the South Korea. In order to identify how South Korean media frames this issue, this paper searched newspaper articles in the six representative South Korean newspapers during the period of 2014 and 2020, and analyzed about 2,000 articles selected. It finds that South Korean media has framed the transboundary air pollution as a China bashing and related domestic political cleavage issue, while it neglects to show the cooperation attempts that the two countries have made to date. Also, while the media focuses on China hate frame, it has never reported the Chinese government's domestic policies to reduce air pollution and their results. Media's overuse of hate and blame frames not only has disrupted trust building but also it will delay a possible turning point of environmental cooperation between the two countries in the future.

• Journal of the Korean Society of Safety
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• v.38 no.5
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• pp.1-7
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• 2023

This study analyzes the operational characteristics of 311 aged and non-aged residual current circuit breakers (RCCBs) in low-voltage consumer contexts. It investigates the influence of external temperature and harmonics based on the rated current multiples. To simulate temperature variations, a convectional oven was used around the circuit breakers. Additionally, the generation of harmonic reference signals and data measurement for overcurrent experiments were conducted using NI SCXI, myDAQ, and LabVIEW. An observation revealed that as the ambient temperature increased, the operating time of RCCBs decreased in the time delay region. This was attributed to the faster response or bending of the bimetal, which is the tripping element. However, aged RCCBs encountered challenges with tripping outside the protective curve. The operating time of the circuit breakers exhibited an acceleration influenced by the order and content of harmonic currents, potentially leading to malfunctions. Aged RCCBs demonstrated faster operating times than their non-aged counterparts. However, the difference in operating time varied based on the manufacturer's and operating environment of the RCCBs. Frequent malfunctions of RCCBs can result in power outages. In cases where these circuit breakers fail to operate, they can lead to secondary damages, including electrical fires and shocks. Consequently, it is imperative to consider the operating environment of RCCBs and provide appropriate replacement cycles to mitigate these risks.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• Journal of the Korea institute for structural maintenance and inspection
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• v.18 no.6
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• pp.60-71
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• 2014

Cable-stayed bridge, which is one of the representative long-spanned bridge, needs prompt maintenances when a stay cable is damaged because it may cause structural failure of the entire bridge. Many researches are being conducted to develop abnormal behavior detection algorithms for the purpose of shortening the reaction time after the occurrence of structural damage. To improve the accuracy of the damage detection algorithm, ample observation data from various kinds of damage responses is needed. However, it is difficult to measure an abnormal response by damaging an existing bridge, numerical simulation can be an effective alternative. In most previous studies, which simulate the damage responses of a cable-stayed bridge, the damages has been considered as a load variation without regard to its stiffness variation. The analyses of using these simplification could not calculate exact responses of damaged structure, though it may reserve a sufficient accuracy for the purpose of bridge design. This study suggests Gradual Bilinear Method (GBM) which simulate the damage responses of cable-stayed bridge considering the stiffness and mass variation, and develops an analysis program. The developed program is verified from the responses of a simple model. The responses of a existing cable-stayed bridge model are analyzed with respect to the fracture delay time and damage ratio. The results of this study can be used to develop and verify the highly accurate abnormal behavior detection algorithm for safety management of architecture/large structures.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.6
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• pp.609-619
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• 2017

A Manufacturing Readiness Assessment (MRA) was adapted to prevent the probable ascending expense, poor quality, and delay from the development to production phase and assess the level of manufacturing readiness in 2012. Consequently, there are positive effects on improving the quality to identify the manufacturing risks during the production of military supplies and manage the issues in advance. On the other hand, because the appraisee is becoming accustomed to preparing for MRA checklists tailoring, it was found to intensify the MRA points more than before, which damages the goal of the MRA. This paper proposes the quantitative MRA methodology using MWV (Manufacturing Readiness Level 8 Weighted Value) to define and measure the HOM8, DOM8, ICOM8, and M8RA to reflect the history of MRA, the difficulties of MRA checklists, the intrinsic cruciallity and risk assessment of program, which can overcome the problems mentioned before. This paper shows the MWV of four weapon system programs to be carried out and an analysis of the proposed MRL 8 methodology.

• Journal of the Korea Concrete Institute
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• v.24 no.1
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• pp.3-14
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• 2012

This paper describes experimental results on the seismic performance of SHCC (strain-hardening cement composite) infill wall for improving damage tolerance capacity of non-ductile frame. To investigate the effect of tensile strain capacity and cracking behavior of SHCC materials on the shear behavior of SHCC infill wall, three infill walls were fabricated and tested under cyclic loading. The test parameter in this study is a type of cement composites; concrete and SHCCs. The two types of SHCC materials were prepared for infill walls. In order to induce crack damages into the mid-span of the infill wall, each infill wall had two 100-mm-deep-notches on both sides. Test results indicated that SHCC infill walls showed superior crack control capacities and much larger drift ratios at the peak loads than RC (reinforced concrete) infill wall, as expected. In particular, due to the bridging actions of the reinforcing fibers, SHCC matrix used in this study would delay the stiffness degradation of infill wall after the first inclined cracking. Moreover, from the damage classes based on the cracks' maximum width in the infill walls, it was observed that PIW-SHD specimen possessed nearly threefold seismic capacities compared to PIW-SLD specimen. Also, from the results on the strain of diagonal reinforcements, it can be concluded that the SHCC matrix would resist a part of tensile stresses transferred along steel rebar in the infill wall.

• MARITIME LAW REVIEW
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• v.29 no.2
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• pp.115-144
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• 2017

The impact of the global financial crisis, which began in the United States in 2007, had a major impact on the domestic shipping and shipbuilding industries. In this regard, the domestic shipyard has established an order-taking strategy in several ways as an alternative to lowering the amount of construction of commercial vessels due to deterioration of the shipping industry, and selected industrial sector was the offshore plant sector. However, the domestic shipyard has under performed the offshore plant in order to just increase sales and secure work without any risk analysis for EPC contracts. As a result, the shipyard has been charged more than the initial contract price with the offshore plant contractor, or the shipyard has become a legal issue requiring payment of liquidated damages due to delays in delivery of the product. The main legal disputes are caused by the thorough risk analysis and the inexperience of process control that can occur during offshore plant construction. and In particular, there is no sufficient review of the unequivocal provisions in the contract as an element of risk management. There is no human resource to review these contractual clauses. Therefore, this study identifies the existence of specific risks that could lead to delays in offshore plant construction, and examined the existence of any unequivocal clauses in contracts for offshore plant construction. and also discussed how the toxic clause applies to the actual parties and how the concrete risk factors in the construction contracts are transferred and expressed by referring to the interviews with the project manager of the domestic shipyard and the previous research. As a result, This paper examined the legal liability of the contracting parties regarding delayed delivery of the products due to the offshore plant construction contract. And to improve the domestic shipbuilding industry.

• Korean Journal of Agricultural and Forest Meteorology
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• v.18 no.3
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• pp.162-169
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• 2016

The agrometeorological reference index means 'the agrometeorological damage possibility' or the possibility of the normal year climate condition to damage the crop cultivation in a certain region. It is a reference used to compare the cultivation risk of a crop by region. The global climate warming is expected to increase the winter temperature. At the same time, the frequency of extreme weather events will also increase. Therefore, people pay attention to the potential of low temperature-induced damages (e.g., frost damage and injury) to fruit trees under the future climate condition. However, simple damage projection based on climate conditions does not help the climate change adaptation in the practical aspect because the climate change affects the phenology of fruit trees as well. This study predicted the phenology of the pear, peach, and apple trees by using the climate change scenarios of major regions. Furthermore, low temperature induced agrometeorological reference indices were calculated based on the effects of temperature on each plant growth stage to predict the damage possibility. It was predicted that the breaking rest would delay more in the future while the bud-burst date and flowering date will be earlier. In Daegu, Jeonju, and Mokpo, the breaking rest delayed more as time passed. The bud-burst date and flowering date of Seoul and Incheon regions were later than other regions. Seoul and Incheon showed a similar pattern, while Daegu and Jeonju revealed a similar pattern. Busan and Mokpo also showed a similar pattern. All regions were safe from the frost damage during the dormancy period. However, plants were vulnerable to frost damage between the breaking rest and the bud-burst period. Regions showed different frost damage patterns between the bud-burst period and the flowering period. During the bud-burst and flowering period, the risk level decreased in general, although the risk of some areas tended to increase.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.26 no.1
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• pp.1-31
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• 1981

Experiments were conducted to investigate rice varietal response to low water and air temperatures at different growth stages from 1975 to 1980 in a phytotron in Suweon and in a cold water nursery in Chooncheon. Germination ability, seedling growth, sterility of laspikelets, panicle exertion, discoloration of leaves, and delay of heading of recently developed indica/japonica cross(I/J), japonica, and indica varieties at low air temperature or cold water were compared to those at normal temperature or natural conditions. The results are summarized as follows: 1. Practically acceptable germination rate of 70% was obtained in 10 days after initiation of germination test at 15\circ_C for japonica varieties, but 15 days for IxJ varieties. Varietal differences in germination ability at suboptimal temperature was greatest at 16\circ_C for 6 days. 2. Cold injury of rice seedlings was most severe at the 3.0-and 3.5-leaf stage and it was reduced as growth stage advanced. A significant positive correlation was observed between cold injury at 3-leaf stage and 6-leaf stage. 3. At day/night temperatures of 15/10\circ_C seedlings of both japonica and I/J varieties were dead in 42 days. At 20/15\circ_C japonica varieties produced tillers actively, but tillering of I/J varieties was retarded a little. At 25/15\circ_C, both japonica and I/J varieties produced tillers most actively. Increase in plant height was proportional to the increase in all varieties. 4. In I/J varieties the number of differentiated panicle rachis branches and spikelets was reduced at a day-night temperature of 20-15\circ_C compared to 25-20 or 30-25\circ_C, but not in japonica varieties although panicle exertion was retarded at 20-15\circ_C. The number of spikelets was not correlated with the number of primary rachis branches, but positively correlated with that of secondary rachis branches. 5. Heading of rice varieties treated with 15\circ_C air temperature at meiotic stage was delayed compared to that at tillering stage by 1-3 days and heading was delayed as duration of low temperature treatment increased. 6. At cold water treatment of 17\circ_C from tillering to heading stage, heading of japonica, I/J, and cold tolerant indica varieties was delayed 2-6, 3-9, and 4-5 days, respectively, Growth stage sensitive to delay of heading delay at water treatment were tillering stage, meiotic stage, and booting tage in that order, delay of heading was greater in indica corssed japonica(Suweon 264), japonica(Suweon 235), and cold tolerant indica(Lengkwang) varieties in that order. Delay of heading due to cold water treatment was positively correlated with culm length reduction and spikelet sterility. 7. Elongation of culms and exertion of panicles of rice varieties treated with low air temperature 17\circ_C. Culm length reduction rate of tall varieties was lower than that of short statured varieties at low temperature. Panicle exertion was most severaly retarded with low temperature treatment at heading stage. Generally, retardation of panicle exertion of 1/1 varieties was more severe than that of japonica varieties at low temperature. There was a positive correlation between panicle exertion and culm length at low temperature. 8. The number of panicles was increased with cold water treatment at tillering stage, but reduced at meiotic stage. As time of cold water treatment was conducted at earlier growth stage, culm length was shorter and panicle exertion poorer. 9. Sterility of all rice varieties was negligible at 17\circ_C for three days but 30.3-85.2% of strility was observed for nine-day treatment at 17\circ_C. Among the tested varieties, sterility of Suweon 264 and Milyang 42 was highest and that of Suweon 290 and Suweon 287 was lowest. The most sensitive growth stage to low temperature induced sterility was from 15 to 5 days before heading. There was positive correlation between sterility of rice plants treated with low temperature at meiotic and heading stage. 10. Percentage of spikelet sterility was greatest at cold water treatment at meiotic stage (auricle distance -15～-10cm) and it was higher in 1/1 (Suweon 264, Joseng tongil), japonica (Nongbaek, Towada), and cold tolerance indica(Lengkwang) varieties in the order. Level of cold water and position of young-ear affected on the sterility of varieties at meiotic stage; percentage of spikelet sterility of variety, Lengkwang, of which young-ear was located above the cold water level was high, but that of short statured variety, Suweon 264, of which young-ear was located in the cold water was lower. 11. Percentage of ripened grains was not reducted at 15\circ_C air temperature for three days at full heading stage in all varieties. However, at six-day low temperature treatment Suweon 287, Suweon 264 showed percentage of ripended grains lower than 60%, but at nine-day low temperature treatment all varieties showed percentage of ripened grains lower than 60%. Low temperature treatment of 17\circ_C from 10 days after heading for 20 days did not affect on the ripening of all varieties. 12. Uptake of nitrogen, phosphorous, potassium, calcium, and magnesium in whole plants was higher at average air temperature of 25\circ_C, but concentration of the elements was lower compared to those at 19\circ_C. However, both total uptake and concentration of manganese were higher at 19\circ_C compared to 25\circ_C. 13. Higher application of nitrogen, phosphorus, silicate, and compost increased yield of rice due to increased number of panicles and spike let fertility in cold water irrigated paddy.