• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• Journal of Korean Society of Rural Planning
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• v.20 no.3
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• pp.75-88
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• 2014

The purpose of the present study is to examine the characteristics of intermediary organizations for rural tourism by analyzing how they are run, especially in Yangpyeong-gun and Icheon-si Nadri groups, and to further look for the desirable role they should play. Since the activities of these intermediary groups have not been accumulated enough to be able to be used for a study, grounded theory was adopted as deemed appropriate among other qualitative research approaches for this paper. Three main findings of the current research are as follows. First, the rural tourism intermediary organizations have characteristics that are leaning towards local villages more than visitors, although they are in the middle of a spectrum stretching between 'visitors to the green villages' on one end and the 'green villages' on the other end. Second, the intermediary groups work not just as a bridge among different green villages but also as a mediator, facilitator and a guide, noting that such roles can vary significantly depending on the level of competence of the groups themselves and the extent to which the government steps in. Third, the tourism intermediary organizations can contribute to local community-building, going beyond the boundaries of green village. They help to improve the quality of tour experience which leads to revitalization of local economy, and during the course of operating the intermediary groups, the community in the village can set up rules and resolve disputes and conflicts. Thus, the activities of the groups have the potential to create a local community by affecting not just at a village level but to a broader area where their operation is based on. Implications of this study are suggested in three ways. First, the paper looked at the interaction between rural tourism intermediary organizations and stakeholder in a comprehensive way with a qualitative research approach taken. Second, it identified the role and tasks of rural tourism intermediary organizations. Third, it is important to ensure that the tourism intermediary organizations play the local community-oriented role.

• Journal of Technology Innovation
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• v.22 no.4
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• pp.165-198
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• 2014

The national R&D performance evaluation system in Korea has been influenced by 'New Public Management' since the 1980s. The 1997 IMF crisis in Korea has necessitated the overhaul of S&T policy strategies in Korea. Reflecting this, effective distribution and utilization of S&T investment and resources has emerged as a crucial policy agenda, while expansionary investment in S&T maintained. During the period of 1999-2005, the R&D evaluation has been more focused on the input side and execution processes than on the results of R&D. Evaluation results were to be reflected in the budgeting of national R&D, but there were some disputes over how to make use of evaluation results between the budgeting ministry and the evaluation agency partly because they were two separate entities. After the advent of the new government(1998-2003) which advocated 'science and technology-oriented society', the national R&D evaluation system has evolved through a new legislation, the Performance Assessment Act, and the establishment of Science & Technology Innovation Agency to build up the unique framework for national R&D evaluation differentiated from the assessment system for general government investment programs. Most recently, due to 'Comprehensive Improvement Plan' in 2013, various components of national R&D evaluation seem to move on a new evolutionary track. For example, different types of evaluation are being developed and tried in accordance with differing evaluation goals, and the individual ministries and the research councils has got more enhanced autonomy and responsibility regarding R&D evaluation. So-called 'tailored' evaluation methods, taking into consideration the characteristics of programs and institutes / organizations to be evaluated, are now being tried. Competences of evaluation experts and agencies has also to be improved and strengthened.

• Journal of Cadastre & Land InformatiX
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• v.48 no.1
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• pp.229-244
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• 2018

The purpose of this study is to analyze the factors affecting the influence of the size and composition of the floating population on goodwill and Rent. First, the conceptual difference between location value and rent is clearly distinguished. Second, the value of land price is divided into fixed land value and floating land value. The empirical analysis utilized consulting data from 188 shops in Seocho and Gangnam-gu in 2013 ( restaurants, resting restaurants, drinking places, general stores, entertainment and sports). The results using linear regression analysis are as follows. Goodwill and rent have a positive correlation, but the evaluation system and factors are different. Especially the influence of the floating location factor is larger than the rent. And the fixed location factors such as building deterioration bus stops, were found to be significant influencing factors in the rents, but they did not affect goodwill. This result implies that the value of location of goodwill should be taken into consideration of a temporal and spatial concept. Since, in order to resolve disputes between the landlord and the tenant, it is necessary to accumulate data continuously and to study the objective evaluation system in the future.

• International Commerce and Information Review
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• v.2 no.1
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• pp.129-148
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• 2000

지적재산권은 기술개발의욕 자극을 위해 새로이 물건이나 사상 등의 창작자에게 일종의 배타적 독점권을 부여한 것으로서 1980년대 이후 국제적 관심이 고조되기 시작하였는데, 두 차례의 석유파동 이후 기술이 국제 경쟁력의 주요 결정요인으로 등장하던 시기에 한국을 비롯한 개도국들이 선진국의 기술을 모방하여 첨단기술제품 분야에서 경쟁적 우위를 확보하자 자신들의 경쟁력 확보를 위해 선진국들이 자신들의 통상교섭력을 바탕으로 GATT/UR 등 국제적 협상을 통해 지적재산권 보호문제를 통상문제로 확대시킨 것이다. 이러한 지적재산권에 대한 통상문제와 관련하여 가장 문제가 되는 국가는 역시 미국인데, 미국은 통상법 301조 중 지적재산권 보호에 적용되는 Special 301조를 이용하여 지적재산권 보호에 대한 실효성을 확보하였으며, 당초 제품수입상의 불공정거래행위에 적용하던 관세법 337조를 지적재산권을 침해하는 수입 판매행위에도 적용할 수 있도록 개정함으로써 그 보호수단을 더욱 강화하였는데, 이에 따라 우리도 적절한 대응방안의 모색이 요구되고 있다. 우선 정부의 입장에서는 대내적으로 원천기술 및 개량기술 개발을 통한 기술의 해외의존도 축소, 인센티브 도입 등 직무발명제도 활성화, 해외특허권 취득확대를 위한 중소기업의 해외출원비용 지원, 심사관의 전문화롤 통한 심사의 처리속도 및 질 향상, 특허기술정보 이용체제 개선을 위한 특허청의 정보전산화 및 산업기술정보원 톡허정보센타와의 유기적인 협조체제 구축, 기업의 특허분쟁대응능력 향상을 위한 전담부서 마련 및 국제특허분쟁 전문변리사 양성 등의 대안을 마련할 필요가 있으며, 대외적으로는 PLT협약 등 차후에 있을 국제협약에의 적극적인 참여를 통한 우리나라의 이익도모, 남북 가교역할의 강화 및 한 미 양국간의 법제적 차이에 대한 오해불식, 해당 산업에 영향을 줄 수 있는 로비 활동의 활성화 등의 대안이 필요하다. 또한 기업의 입장에서는 사전적으로 과감한 연구개발투자를 통한 산업재산권 확보, 기술 법률 언어능력을 고루 갖춘 특허전문가의 확보, 국제특허분쟁에 대한 대응체계 구축, 특허권 분쟁발생 방지를 위한 책임소재의 명확화 등의 근본적인 대책과 국제특허분쟁 차단을 위한 철저한 선행기술 조사, 해외기술의 개량 및 이용 촉진을 위한 크로스-라이센스의 활성화, 부실특허권에 대한 적극적인 무효심판청구, 제소정보에 대한 조기 입수, 설계변경이나 특허무효자료조사 등 침해회피 방법의 준비, 위험특허에 대한 철저한 예비조사 등의 부수적인 대책을 마련할 필요가 있으며, 일단 특허분쟁이 발생한 경우에는 당해 분쟁의 자사 생산 제품과의 관련여부 검토, 사건에 필요한 광범위한 정보 수집을 위한 전담팀 구성, 제소인의 특허권에 대한 면밀한 법률적 검토, 제소자에 대한 정확한 정보파악 및 최종 대응방안에 대한 신속한 결정, 자사의 특허를 이용한 제소자에 대한 역제소 등의 대응방안을 강구할 필요가 있는 것이다.

• Journal of Construction Engineering and Project Management
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• v.7 no.1
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• pp.13-25
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• 2017

Construction projects have been observed to have problems of project delays and disruptions and the South African construction industry is not an exception. This research identified causes and effects of project delay and disruption through a desktop study. Subsequently, a questionnaire was designed and used to conduct a survey to obtain the views of the three main construction project participants - clients, consultants, and contractors. The questionnaire contains 48 causes and 13 effects of project delay and disruption identified from the desktop study. This research identified sixteen most important causes of project delay and disruption and five most important effects of delay and disruption. Sixteen most important causes were: (1) strikes, (2) rework due to errors during construction, (3) shortage of materials in market, (4) suspension of work by the client, (5) poor communication between the parties, (6) ineffective planning and scheduling of project, (7) delays in issuing working drawings, (8) mistakes and discrepancies in design documents, (9) shortage of labours and equipment, (10) delay in decision making process by the client, (11) unforeseen ground conditions, (12) unclear and inadequate details in drawing, (13) inadequate contractor's experience, (14) delay in approving changes in the scope of works, (15) delay in material delivery and (16) unacceptable quality of materials. The five major effects include: (1) create stress on contractors, (2) cost overrun, (3) time overrun, (4) poor quality of work due to rush, and (5) disputes. Furthermore, the result of this research was compared with the result of previous studies conducted in other regions of Africa in terms of causes and effects of project delay and disruption. The research concludes that numerous causes and effects of delay and disruption are limited to South African construction projects based on the comparison. The causes limited to South African construction projects include: (1) strikes, (2) suspension of work by the client (3) mistakes and discrepancies in design documents (4) delay in approving changes in the scope of works and (5) unacceptable quality of materials, while the two major effects limited to South African construction projects includes: (1) create stress on contractors and (2) poor quality of work. In conclusion, some recommendations were made in order to minimise the causes of delay and disruption identified.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.79-102
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• 2008

When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.

• Korean journal of communication and information
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• v.77
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• pp.255-288
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• 2016

Korean mass media has represented foreigners in their documentaries, entertainment shows, situational comedies, and dramas for long time, while the representations created plenty of controversies. Alleged West-oriented racism found from various televison programs may be one of them. Recently, however, more Korean television shows began to incorporate the ideas of multi-culturalism. This paper is an attempt to explore how television audiences interpret multi-culturalism reflected in the media. More specifically, this is a case study of JTBC's , a show featuring foreigners debating on various topics regarding Korean culture. Particularly, it focuses on disputes over the producers' decision to play 'Kimigayo' (the national anthem of Japan, which is also considered as a symbol of Japanese militaristic past) when introduced a new Japanese panel. Critical discourse analysis was adoped as the main research method, and researchers found that audiences draw certain guidelines in accepting multi-cultural aspects. If and when these aspects overstep the line, they tend to abandon it without hesitance. In the case of 'Kimigayo,' it was ethno-centrism and/or anti-Japanes sentiments which made multi-culturalsim much weaker. It does not mean that multi-culturalism was replaced-or defeated-by nationalism, but show the 'vulnerability' of multi-culturalsim. Multi-culturalism is not as concretely rooted in Korean society as many people have claimed or hoped. The research has its own limitations as a case study, but it is hoped to stimulate other researchers to keep their eyes on media and multi-culturalsim in Korea.

• Journal of the Korean Geographical Society
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• v.42 no.5
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• pp.745-760
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• 2007

This study aims to categorize and analyze internationally standardized sea names based on their origins. Especially noting the cases of sea names using country names and dual naming of seas, it draws some implications for complementing logics for restoring the name East Sea. Of the 110 names for 98 bodies of water listed in the book titled Limits of Oceans and Seas, the most prevalent cases are named after adjacent geographical features; followed by commemorative names after persons, directions, and characteristics of seas. These international practices of naming seas are contrary to Japan's argument for the principle of using the name of archipelago or peninsula. There are several cases of using a single name of country in naming a sea bordering more than two countries, with no serious disputes. This implies that a specific focus should be given to peculiar situation that the name East Sea contains, rather than the negative side of using single country name. In order to strengthen the logic for justifying dual naming, it is suggested, an appropriate reference should be made to the three newly adopted cases of dual names, in the respects of the history of the surrounding region and the names, people's perception, power structure of the relevant countries, and the process of the standardization of dual names. In order to endow East Sea with the meaning of the east of the Eurasian continent, westerners' perception on the Far East should be elaborated in more detail.

• Journal of the Korea Concrete Institute
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• v.28 no.4
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• pp.435-444
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• 2016

In Korea, approximately 48% of all households live in apartments, which are a form of multi-unit dwellings, and this figure increases up to 58%, when row houses and multiplex houses are included. As such, majority of the population reside in multi-unit dwellings where they are exposed to the problem of floor impact noise that can cause disputes and conflicts. Accordingly, this study was conducted to manufacture a high-weight, high-stiffness foamed concrete in order to develop a technology to reduce the floor impact noise. For the purpose of deriving the optimum mixing ratio for the foamed concrete that best reduces the floor impact noise, the amounts of the foaming agent, lightweight aggregate and binder were varied accordingly. Also, the target characteristics of the concrete to be developed included density of over $0.7t/m^3$, compressive strength of over $2.0N/mm^2$ and thermal conductivity of under 0.19 W/mK. The results of the experiment showed that the fluidity was very excellent at over 190 mm, regardless of the type and input amount of foaming agent and lightweight aggregate. The density and compressive strength measurements showed that the target density and compressive strength were satisfied in the specimen with 50% foam mixing ratio for foamed concrete and in all of the mixtures for the lightweight aggregate foamed concrete. In addition, the thermal conductivity measurements showed that the target thermal conductivity was satisfied in all of the foamed concrete specimens, except for VS50, in the 25% replacement ratio case for Type A aggregate, and all of the mixtures for Type B aggregate.