• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• Journal of Environmental Policy
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• v.12 no.1
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• pp.75-100
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• 2013

Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

• Journal of the Korean Solar Energy Society
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• v.39 no.6
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• pp.1-13
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• 2019

With the adoption of the Paris Agreement, a new climate regime is intensifying the global interest in reducing greenhouse gas emissions. In the meantime, Korea is preparing to introduce a new renewable energy carbon certification system in order to activate the use of renewable energy and to reduce carbon emissions in the entire life cycle of manufacturing and disposal of renewable energy facilities. Therefore, this study aims to identify the implications for the introduction of the carbon certification system and to establish a theoretical basis for the system design by examining the status of overseas carbon certification, international trade norms and trade disputes. As a result, carbon emissions certification is being implemented in developed countries such as EU, UK, France, USA and Japan, but only France, Germany and EU have adopted carbon certification for renewable energy sector. The analysis of the WTO TBT Agreement and GATT also confirmed the possibility of a violation of the international trade rules of the carbon certification system and derived nine international technical standards related to carbon certification. Finally, by examining the case of trade disputes related to environmental labeling, the minimum requirements to be considered at the institutional design stage were drawn to eliminate the possibility of trade disputes.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.53 no.1
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• pp.19-40
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• 2017

A scientific and objective sound exposure criterion for underwater sound damage on fish has been required since there has been many disputes between an underwater sound maker and a fish damage receiver. The existing criteria are still incomplete scientifically owing to a degree of variability of underwater sounds, diversity of fish hearing sensitivity and damage types, etc. This study reviews existing studies on a hearing mechanism of fish species, manmade underwater sound characteristics and sound exposure assessment parameters, and recent sound exposure criteria. A governing equation for damage coverage estimation and damage coverage dependency on sound source level, ambient noise and transmission loss are also reviewed and interpreted based on sound exposure environments. The foreign and Korean (National Environmental Dispute Medication Commission) criteria are reviewed and compared based on scientific aspects. In addition, the deficit and limit of Korean criteria are presented. The objective of this study is to give a direction for related researches and legislation of sound exposure criteria on fish.

• Journal of Korean Association for Spatial Structures
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• v.6 no.3 s.21
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• pp.93-101
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• 2006

Recently the floor vibration of apartment is often beginning to make its appearance of the environmental dispute, the standard floor system of housing are suggested for the settlement of this issue by government. For the slab vibration analysis on the laminated floor system of apartment, it is required the effectively analytical method of the floor system considering laminated theory. In this paper, more effective modeling methods of laminated floor slab are proposed for the method of accurate rigidity evaluation. By using the advanced modeling method, the more accurate vibration response can be obtained and can accurately evaluate the rigidity of living room floor system of apartment with different laminated materials.

• Journal of Korean Association for Spatial Structures
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• v.6 no.1 s.19
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• pp.65-73
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• 2006

In these days the floor vibration is beginning to make its appearance of the environmental dispute in dwelling building. Standard floor system are suggested for the settlement of this issue by government. The sound of floor impact sound is needed to secure comfortable quality in housing. Also, it is required an accurate analysis and a proper evaluation for floor vibration. Refine model is necessary for the floor system of housing to analyze accurately the floor vibration. But this refine model is not efficient because it is required so much running time for vibration analysis and it is difficult of modeling of standard floor slab. In this paper, new modeling methods of standard floor slab are proposed for the accurate rigidity evaluation. By using the new modeling method, the accurate vibration response can be obtained and can accurately evaluate the rigidity of standard floor system with resilient materials. Therefore the proposed modeling method is of practical use for vibration analysis of floor system of housing.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2015.10a
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• pp.445-447
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• 2015

The situation in Northeast Asia is rapidly changed because of the territorial dispute between neighboring countries near the East China Sea, North Korean nuclear bomb tests, long-range ballistic missile launching tests frequently and deployment of Chinese Liaoning class aircraft carrier. Especially, unstable political situation of North Korea and Chinese A2/AD strategy by strengthening naval forces are the cause of replanning Asia-Pacific security strategy of Unites States. In this paper, it is surveyed and analyzed that changed Asia-Pacific security strategy of U.S. and rearrangement plan of U.S. Naval forces. And changed environmental situation influence on our security is analyzed.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.1D
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• pp.149-155
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• 2011

The aim of this study is to grasp how the dwellers of apartment cognize the real condition of the management such as general control of janitor office or management of maintenance, environment, account and imposing price of management. The analysed results of recognition are as following. First, as the dwellers judged that the janitors are incapable to control dispute among the households, it needs to develop the ability to cope with the demand of control dispute by various curriculum. There should be more strict management of parking lot for the handicapped. Second, it needs to establish the plan to improve maintenance of the rest facility. Third, as dwellers thought the management expenses not to be made public clearly, it needs to use various way, not only by neighborhood meeting but also information system such as establishing web page or E-mail notice for better announcement of the settled matters such as management expenses. Forth, the audit result of management expenses and the measures conducted after audit should be reported widely, contract of construction work services needs to be publicized by neighborhood meeting or other information system.

• Korean Journal of Construction Engineering and Management
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• v.16 no.6
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• pp.112-123
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• 2015

Many disputes are happened with various causes in overseas construction projects. One of major disputes is closely related with nominated subcontractors (NSC). This paper investigates 30 judical precedents for Singapore, Malaysia and Hongkong to analyze the detailed disputes related with the NSC, and then the judical precedents are classified into 6 categories: Delay and Defect Trouble (T1), Contract Relation (T2), Payment Trouble (T3), Set-off (T4), Liquidation (T5) and so forth (T6). According to the analytical results, the frequency of occurrence of disputes is considerably related with social and economical changes, and the dispute between NSC and employer for residential and commercial building projects is the most frequently happened case. As the results of analysis, therefore, it is concluded that the employer needs to response aggressively to the problems related with NSC, and it is also important to make the council for communication among related bodies. Furthermore, the institutional reform that make the role and the responsibility of employer consistent under considering contract terms and conditions is considered as the most important and fundamental issue.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.26 no.1D
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• pp.115-123
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• 2006

Recently, construction claims have been increased for protecting the rights of construction participants and effectively adjusting the changes under the contract. Thus, the importance of claim management has been emphasized in the construction industry. In domestic construction industry, some claim issues involved in construction activities are often being developed into disputes and even litigations because of the absence of methods or systems for the dispute resolution, and the lack of judicial precedents which can be provided as the references for resolving a particular dispute. In general, the judicial precedents related to the disputes and litigations occurred among construction participants would be extremely valuable in evaluating and analyzing current claims issues. However, such useful information has not been effectively accumulated and utilized in resolving the similar or sometimes identical types of disputes, thus requiring a large amount of additional costs, time and efforts. The primary objective of this study is to propose a web-based decision support system for construction claim management, which enables contractual participants to easily access and use the information of the judicial precedents related to the current construction claims. The decision support system is composed of 'prevention' and 'settlement' modules for avoiding and systematically resolving the construction claims.