• Journal of Arbitration Studies
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• v.14 no.1
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• pp.273-314
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• 2004

There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.161-198
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• 2014

The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

• Horticultural Science & Technology
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• v.31 no.1
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• pp.80-88
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• 2013

Carrot (Daucus carota L. var. sativa) is one of the most extensively used vegetable crops in the world and a significant source of nutrient because of its high content of ${\beta}$-carotene, well known as the precursor of vitamin A carotenoid. However, seed-hairs generated and elongated from the epidermal cell of seeds inhibit absorption and germination by various factors such as carotol and so on. Accordingly, mechanical hair removal process is essential before commercialization of carrot seeds. Because of this process, producers will have additional losses such as time consuming, manpower, capital and so on. Furthermore, physical damage of seeds causes irregular germination rate. To overcome such cumbersome weaknesses, new breeding program for developing hairless-seed carrot cultivar has been needed and studies for molecular markers related to seed-hair characteristic is needed for a new breeding program. Therefore, in this study, cDNA libraries from seeds of short-hair seed phenotype CT-SMR 616 OP 659-1 line, hairy-seed phenotype CT-SMR 616 OP 677-14 line and short-hair seed phenotype CT-ATR 615 OP 666-13 line, hairy-seed phenotype CT-ATR 615 OP 671-9 were constructed, respectively. Furthermore, 1,248 ESTs in each line, total 4,992 ESTs were sequenced. As a result, 19 SNP sites and 14 SNP sites in each of 2 combinations were confirmed by analyzing these EST sequences from short-hair and hairy-seed lines. Then we designed SNP primer sets from EST sequences of SNP sites for high resolution melting (HRM) analysis. Designed HRM primers were analyzed using hairy seed phenotype CT-SMR 616 OP 1040 line and short-hair seed phenotype CT-SMR 616 OP 1024, 1025, 1026 lines. One set of HRM primers showed specific difference between the melting curves of hairy and short-hair seed phenotype lines. Based on this result, allele-specific (AS) PCR primers were designed for easier selection between hairy-seed carrot and hairless seed carrot. These results of HRM and AS-PCR are expected to be useful in breeding of hairless seed carrot cultivar as a molecular marker.

• Journal of Korean Tunnelling and Underground Space Association
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• v.24 no.6
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• pp.451-464
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• 2022

The high-level nuclear waste repository is a deep geological disposal system exposed to complex environmental conditions such as high temperature, radiation, and ground-water due to handling spent nuclear fuel. Continuous exposure can lead to cracking and deterioration of the structure over time. On the other hand, the high-level nuclear waste repository requires an ultra-long life expectancy. Thus long-term structural health monitoring is essential. Various sensors such as an accelerometer, earth pressure gauge, and displacement meter can be used to monitor the health of a structure, and a piezoelectric sensor is generally used. Therefore, it is necessary to develop a highly durable sensor based on the durability assessment of the piezoelectric sensor. This study designed an accelerated life test for durability assessment and life prediction of the piezoelectric sensor. Based on the literature review, the number of accelerated stress levels for a single stress factor, and the number of samples for each level were selected. The failure mode and mechanism of the piezoelectric sensor that can occur in the environmental conditions of the high-level waste repository were analyzed. In addition, two methods were proposed to investigate the maximum harsh condition for the temperature stress factor. The reliable operating limit of the piezoelectric sensor was derived, and a reasonable accelerated stress level was set for the accelerated life test. The suggested methods contain economical and practical ideas and can be widely used in designing accelerated life tests of piezoelectric sensors.

• The Critical Review of Religion and Culture
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• no.32
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• pp.186-218
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• 2017

The ritual food is one of the indispensable elements in rituals of Korean folk beliefs. This is ascertained by the fact that a very simple ritual cannot be practiced and performed even without offering a bowl of water. In this regard, it is properly claimed that food is an essential medium of communications between man and gods if they spiritually meet and communicate each other by way of various rituals in Korean folk beliefs. It is possible to point out Gut, the typical ritual of Korean Shamanism as an example of serving the ritual foods among Korean folk beliefs. One of the striking phenomena in Gut(Korean Shamanism's rituals) is various ritual foods on the tables for Gut. There is no Gut performances without offering ritual foods, and the ritual food in Gut practices is more than just food offering to the gods. Moreover the ritual food tells that what kind of Gut it is and for what purpose it is performed, for whom it is set up. And even the invited gods of Musok are disclosed according to the ritual food in Gut. Also some parts of Musok's worldview are appeared and actualized through the ritual food in Gut. In this sense the ritual food in Gut is one of the important channels for understanding Gut and Musok, and one of the explanation systems about Musok. Even if recognized the importance of the ritual food in Gut, it still has not been draw proper attentions to deserving its importance in the researches on Musok and Gut. Upon the critical reviews on such tendencies of the previous studies this paper tries to clarify the characteristics and significances of the ritual food in Gut by examining the Jinjuk Gut in Seoul area as an case study. On the basis of this examination, the ritual food in Gut comes up to be one of the important paths to understanding Gut and Musok as an explanatory system on Musok in general.

• Korean Journal of Heritage: History & Science
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• v.36
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• pp.5-38
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• 2003

The history of Baekje Kingdom, one of the Three kingdoms, is divided into three periods to the change of sociopolitical center, including its capital as follows: Hanseong Period (18 BC ~ AD 475), Ungjin Period (AD 475~538), and Sabi Period (AD 538~660). Though the Hanseong Period of Baekje Kingdom covers more than two thirds of the whole history of Baekje Kingdom (493 years), history and archaeological culture of the Hanseong Period is still unclear and even ambiguous comparing to the Ungjin and Sabi periods. Most of all, it is because of quite limited historical records and archaeological data available. In addition, negative attitude of the Korean academic circles to the early records of Samguksaki(三國史記) has been a critical obstacle to the study of early history of the Three kingdoms, including the Hanseong Period of Baekje kingdom. Author, who has attempted to combine historical records and archaeological data in order to reconstruct the history and archaeological culture of the early Baekje, specifically the Hanseong Period, has held positive attitude to the early records of the Samguksaki as far as possible. He(Author) came to realize that comprehensive understanding of Mahan (馬韓) society, one of the Three Han (三韓) Society was more than essential in the study of Baekje. According to historical records and archaeological data, Mahan Society represented by Mojiguk(目支國) ruled by King Jin(辰王) has been located in the middle and/or southwestern parts of the Korean peninsula from the 3rd~2nd century BC through the end of the 5th century or early 6th century AD. Mahan already occupied central portion of the Korean Peninsula, including the Han River Valley when King Onjo(溫祖王) first set up the capital of Baekje Kingdom at Wiryeseong (慰 禮城) considered to be modern Jungrang~Songpa-gu area of Han River Valley. From the beginning of the Baekje history, there had been quite close interrelationships between Baekje and Mahan, and the interrelationships had lasted for around 500 years. In other words, it is impossible to attempt to understand and study Hanseong period of Baekje, without considering the historical and archaeological identity of Mahan. According to the Samguksaki, Baekje moved its capital three times during the Hanseong Period (18 BC ~ AD 475) within the Han River Valley as follows: Wiryeseong at Jungrang-gu area of the Han River (河北慰禮城, 18 ~ 5 BC), Wiryeseong at Songpa-gu area of the Han River(河南慰禮城, 5 BC ~ AD 371), Hansan at Iseongsan fortress site(Historical site No. 422, 漢山, AD 371~391), and Hanseong at Chungung-dong of Hanam city(漢城, AD 391~475). Before 1990s, archaeological data of the Hanseong Period was quite limited, and archaeological culture of Mahan was not well defined. Only a few burial and fortress sites were reported to be archaeological remains of the early Baekje, and a few settlement and jar burial sites were assumed to be those of Mahan without clear definition of the Mahan Culture. Since 1990s, fortunately, a number of new archaeological sites of Hanseong Baekje and Mahan have been reported and investigated. Thanks to the new discoveries, there has been significant progress in the study of early Baekje and Mahan. In particular, a number of excavations of Pungnap-dong Fortress site(Historical site NO. 11, 1996~2003), considered to be the Wiryeseong at south of the Han River, the second capital of the Hanseong Baekje, provided critical archaeological evidence in the study of Hanseong Period of Baekje. Since the end of the 1990s, a number of sites have been reported in Gyeonggi, Chungcheong, and Jeolla provinces, as well. From these sites, archaeological features and artifacts representing distinctive cultural tradition of Mahan have been identified such as unstamped fortresses, pit houses cut into the rock, houses with lifted floor(掘立柱 건물), and potteries decorated with toothed wheel and bird's footprint designs. These cultural traditions reflected in the archaeological remains played a critical role to define and understand archaeological identity of the Mahan society. Moreover, archaeological data from these new sites reported in the middle and southwestern parts of the Korean Peninsular made it possible to postulate a hypothesis that the history of Mahan could be divided into three periods to the change of its sociopolitical center in relation with the Baekje Kingdom's political Situation as follows: Cheonan (天安) Period, Iksan(益山) Period, and Naju(羅州) Period. The change of Mahan's sociopolitical center is closely related to the sociopolitical expansion of the Hanseong Baekje.

• (The)Study of the Eastern Classic
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• no.37
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• pp.441-471
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• 2009

Both in the East and the West, the most classical question in political philosophy was 'what is truly a good life?' 'Good life' and 'good politics' are thus essentially tied together. Mencius (孟子, B.C385-303/302) was not exception to this belief. It is not an exaggeration that his Mencius, the treatise that encapsulates his whole views, begins and ends with good life and good politics. He began with new definitions of good life and politics and the rest elaborates why they are so. This paper attempts to systematically approach to what Mencius thinks as a good life in terms of political thoughts. Confucius, his intellectual mentor, asserted that the most humane human life is a civilized life and it means to realize the value of 'Yin (仁: Grace)' and thus set his good life from previous ones. Mencius concurred that Confucius's explication of the good life was right. Moreover, he argued that to realize this, political practice should follow. The 'good life' for Mencius consists of 1) the life in which the ruler does not monopolize joy but shares it with people, that is '$Y{\breve{o}}mindongrak$(與民同樂)' or '$Y{\breve{o}}minhaerak$(與民偕樂)' and 2) the life, based on this political foundation, that pursues the life of 'Five Ethics (五倫)' in which each individual member of society has its share in it. Mencius discussed about 'Four Virtues (四德)', the essential goodness of human, confirmed by 'Four Clues (四端)' to talk about the possibility of realizing the good life. On the other hand, he devised the political device of '$YinJ{\breve{o}}ng$ (仁政: Gracious Politics)' as a practical tool for it. Furthermore, he asserted 'Good people theory (養民論)' as the first condition for the good politics, '$YinJ{\breve{o}}ng$' and 'Education of people theory (敎民論)' as the final one. As Mencius inherited Confucius effort for a good life with the theory of '$YinJ{\breve{o}}ng$', the so-called Zhuxi scholars inherited his as 'Sugichiin (修己治人: cultivate yourself and then order society)' after 1500.

• The Southeast Asian review
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• v.27 no.1
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• pp.1-52
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• 2017

This study aims to compare the state building process focusing on the founding presidents of South Korea, which was a colony of the defeated state of World War II and the Philippines, the colony of the victorious state. To this end, it compares the lives of the presidents, mainly the founding president of Korea Syngman Rhee and Manuel Quezon who led the autonomy of the Philippines and established the Commonwealth government, in the contexts of the state building process of the two countries. In each country, the leaders had to address the core tasks for founding the states in common. Firstly, after the independence or the acquisition of state autonomy, both countries adopted a constitution based on the presidential system with the strong authority of the presidents influenced by the United States. Secondly, the two countries after the independence were operated on the basis of anti-communism at the forefront of the Cold War. In addition, they also carried out land reform to bring the peasants into the system for supporting anti-communism. Lastly, the two countries also faced the same issues of liquidating the Japanese colonial legacies. Therefore the study examines the establishment of the constitution, settlement of anti-communism line, the land reform issues, and liquidation of Japanese colonialism or occupation in each country. The Philippines attained 'constitutional independence' in 1935 and experienced political development faster than any other post-colonial country in Asia. However, except for the establishment of the constitution, the early leaders were not able to address the principal issues for state building. As land reform failed, landowners became economically and politically dominant. The Philippines, where the modern citizen class has not arisen suffered from the political and economic recession. In Korea, despite the Korean War and division of the country, the founding president Syngman Rhee attempted to solve the tasks. As a result, he was able to lay the track of liberal democracy against communism and also settled Japanese colonial legacy as much as it was allowed. In particular, through land reform, he has laid the basis for the nation-state and economic development and has set up the girders of Korean economy by adopting the market economy system. Although there are merits and demerits, compared with the leaders of other countries especially with the Philippines, it is no doubt that Syngman Rhee has played an essential role in establishing the state as a founding president.

• (The)Study of the Eastern Classic
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• no.67
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• pp.203-236
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• 2017

The objective of this study is to suggest the transmission direction and tasks of Ssireum, and the conclusions are like below. First, Ssireum has been designated as a national intangible cultural heritage(No.131) in December 2016. Second, in the current status of preservation and spread of Ssireum, there is no system related to the transmission of Ssireum such as cultivation of professional manpower, and facilities, programs, and administration/finance for transmitting Ssireum. Third, based on the "Intangible Cultural Heritage Preservation & Promotion Act", the transmission direction of Ssireum was suggested. (1)The designation of a college to transmit Ssireum would be needed. (2)The Ssireum curriculum should be established. (3) It would be necessary to secure trainees for transmitting Ssireum. (4)The production of teaching materials for transmitting Ssireum would be needed. (5)It would be needed to secure training institutes designated in each region and also teaching personnels for transmitting Ssireum. (6)The research direction for the correct transmission of Ssireum should be set up. Fourth, based on the "Ssireum Promotion Act", the transmission direction of Ssireum was suggested. (1)It is urgent to complement provisions for transmitting Ssireum. (2)For the transmission of Ssireum, instead of the transmission direction of Ssireum as a national intangible cultural heritage in the standardized perspective, it would be necessary to seek for the joint transmission direction between South & North Korea for research & documentation of Ssireum that could be systematized/shared between South & North Korea, development/spread of contents for discovering the original form of Ssireum, and the establishment of a base of transmission system for the preservation/promotion of Ssireum through the academic/institutional exchanges regarding Ssireum between South and North Korea. Moreover, the overall and fundamental transmission measures for the education, transmission, research, record, and informatization of Ssireum, and the cultivation of professional manpower should be established. Fifth, the contents of institutional tasks for Ssireum are like following. (1)The institutional complementation of the "Ssireum Promotion Act" should be done for the domestic/foreign promotion of Ssireum. (2)For the integration of Ssireum organizations, the administrative system should be unified. (3)The standard technical system manual for Ssireum should be produced. (4)The 'Ssireum Transmission Center' should be built for the preservation and systematic transmission of Ssireum. (5)The selection of a college for transmitting Ssireum and the establishment of a system to cultivate Ssireum successors should be done. (6)It would be necessary to establish database(DB) for the use of Ssireum techniques essential for the transmission of Ssireum.

• Korean Journal of Remote Sensing
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• v.38 no.6_2
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• pp.1723-1735
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• 2022

Landslides are one of the most prevalent natural disasters, threating both humans and property. Also landslides can cause damage at the national level, so effective prediction and prevention are essential. Research to produce a landslide susceptibility map with high accuracy is steadily being conducted, and various models have been applied to landslide susceptibility analysis. Pixel-based machine learning models such as frequency ratio models, logistic regression models, ensembles models, and Artificial Neural Networks have been mainly applied. Recent studies have shown that the kernel-based convolutional neural network (CNN) technique is effective and that the spatial characteristics of input data have a significant effect on the accuracy of landslide susceptibility mapping. For this reason, the purpose of this study is to analyze landslide vulnerability using a pixel-based deep neural network model and a patch-based convolutional neural network model. The research area was set up in Gangwon-do, including Inje, Gangneung, and Pyeongchang, where landslides occurred frequently and damaged. Landslide-related factors include slope, curvature, stream power index (SPI), topographic wetness index (TWI), topographic position index (TPI), timber diameter, timber age, lithology, land use, soil depth, soil parent material, lineament density, fault density, normalized difference vegetation index (NDVI) and normalized difference water index (NDWI) were used. Landslide-related factors were built into a spatial database through data preprocessing, and landslide susceptibility map was predicted using deep neural network (DNN) and CNN models. The model and landslide susceptibility map were verified through average precision (AP) and root mean square errors (RMSE), and as a result of the verification, the patch-based CNN model showed 3.4% improved performance compared to the pixel-based DNN model. The results of this study can be used to predict landslides and are expected to serve as a scientific basis for establishing land use policies and landslide management policies.