• 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.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.3-43
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• 2018

The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

• Korean Journal of Environment and Ecology
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• v.23 no.5
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• pp.418-430
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• 2009

The main purpose of this study is to investigate the relationship between the topography of land and vegetation and the preferred habitat of wintering cranes. Investigations were conducted twelve times in Cheorwon basin, South Korea, during two wintering seasons (12/2005 - 2/2006; 1/2007 - 2/2007). The density of rice grain in the middle of rice paddies was higher than that of the areas along the edge of rice paddies. However it was observed that red-naped cranes preferred to feed along the edges of rice paddies rather than to feed in the middle of the paddies. White-naped cranes, on the other hand, Preferred to feed in the middle of paddies. To be more specific, red-crowned cranes preferred feeding sites such as levees of the paddies or the areas where the level of the rice beds was comparatively more elevated. But the preference of the white-naped cranes turned out to be just the opposite. Another finding was that both red-naped cranes and white-naped cranes preferred concealed areas for their feeding site, and the frequency rate of their feeding in concealed areas has little to do with weather factors. This finding contradicts a widely accepted view that cranes prefer open spaces for their feeding site. Besides, red-crowned cranes, compared with white-naped cranes, preferred to feed in more concealed areas. The frequency rate of feeding in both concealed areas and non-concealed areas had little to do with the size of feeding flocks. There was no difference between a flock of fewer than five cranes and a flock of more than five cranes in terms of frequency rate of their feeding. In conclusion, the result of these investigations indicate that red-naped cranes comparatively prefer concealed areas for their feeding site, and white-naped cranes are less prone to them, and there is no direct connection between their preference of feeding site or frequency and the size of their flock. This is presumed to be the characteristics unique to their individual species.

• Korean Journal of Environment and Ecology
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• v.32 no.1
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• pp.30-38
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• 2018

The purpose of this paper is to provide reference data about propagation, restoration, and preparation of policy of endangered Sarcandra glabra (Thunb.) Nakai by investigating growth response and variation of ecological niche breadth according to moisture and nutrient under the condition of elevated $CO_2$ concentration and elevated temperature. We divided the investigation into the controlled group and treated group (elevated $CO_2$ concentration and elevated temperature) and then varied the moisture and nutrient treatment for testing. The results showed that the ecological niche breadth was wide at moisture and nutrient gradients of 0.899 and 0.844, respectively, under control. Also, the ecological niche breadth regarding the moisture and nutrient gradients under treatment simulating global warming was wider as 6.60% and 2.09%, respectively. Therefore, moisture and nutrient will not be the restriction factors concerning the growth of Sarcandra glabra under continued global warming. However, it will be advisable to specify the nutrient content condition in the soil to be 10% for population restoration when growing Sarcandra glabra in the green house which is not affected by external environment since the studies of rearing reaction reported that Sarcandra glabra prefer 10% of nutrient content than 0-5%. Furthermore, it is necessary to protect evergreen broad-leaved forest where is the natural habitat of Sarcandra glabra that has relatively high nutrient content.

• Journal of the Korean Association of Geographic Information Studies
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• v.20 no.4
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• pp.89-101
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• 2017

Crime occurs differently based on not only place locations and building uses but also the characteristics of the people who use the place and the spatial structures of the buildings and locations. Therefore, if spatial big data, which contain spatial and regional properties, can be utilized, proper crime prevention measures can be enacted. Recently, with the advent of big data and the revolutionary intelligent information era, predictive policing has emerged as a new paradigm for police activities. Based on 7420 actual crime incidents occurring over three years in a typical provincial city, "J city," this study identified the areas in which crimes occurred and predicted risky areas. Spatial regression analysis was performed using spatial big data about only physical and environmental variables. Based on the results, using the street width, average number of building floors, building coverage ratio, the type of use of the first floor (Type II neighborhood living facility, commercial facility, pleasure use, or residential use), this study established a Crime Incident Prediction Model (CIPM) based on Bayesian probability theory. As a result, it was found that the model was suitable for crime prediction because the overlap analysis with the actual crime areas and the receiver operating characteristic curve (Roc curve), which evaluated the accuracy of the model, showed an area under the curve (AUC) value of 0.8. It was also found that a block where the commercial and entertainment facilities were concentrated, a block where the number of building floors is high, and a block where the commercial, entertainment, residential facilities are mixed are high-risk areas. This study provides a meaningful step forward to the development of a crime prediction model, unlike previous studies that explored the spatial distribution of crime and the factors influencing crime occurrence.

• Korean Business Review
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• v.14
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• pp.1-30
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• 2001

To prevent the VAT evasion and to form a sound VAT paying culture, we can draw the policy directions for government as follows: First, it is necessary to strengthen the tax supervision of small business and the administration of tax sources of cash-income industry. Second, the tax-deductible rate of the received tax invoices should be increased in a short-term base, and a simplified taxation system should be abolished in a long-term base. Third, in cases a trader has not received a tax invoice, an additional tax should be applied. Forth, to issue the tax invoice faster and conveniently, it is requested to introduce a new system which issues electronic card of registration when a businessman applies for his/her business registration. Fifth, to make tax standard transparent, it is desirable to punish the violator, relating to credit card regulations, stricter than present and to enforce the electronic bookkeeping. Sixth, for the reduction of noncompliance rate and creating a climate for autonomous, faithful tax return, it is necessary to expand and intensify tax investigation. And also it is necessary to make the level of penalty tax higher up and the level of criminal punishment less down, to keep up tax audit coverage. Seventh, a trader who is eligible for simplified taxation, whose tax base is under 12,000 thousand won, should not be required to pay the value added tax. But it is desirable to cut down them for the fairness of tax burden. Eighth, the effective date of the revised tax law should be fixed. Ninth, it is necessary to reinforce publicity and to educate on tax system and administration, for reducing tax evasion or tax avoidance and encouraging faithful tax return. Tenth, as the tendency of VAT evasion of distribution industry turns out to be the highest, it is requested not only to intensify tax administration on them but also to establish system and incentives, for introducing information system in distribution industry(introducing POS system, computerization of transaction record, establishing EDI between traders).

• Journal of Acupuncture Research
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• v.22 no.3
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• pp.253-270
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• 2005

Objective : The purpose of this study is to establish a category for acupuncture therapy by appropriate etiological analysis and differenciation of edema. Methods : We arrange Huang Di Nei Jing and thirty four kinds of literature about edema. Results : 1. The cause of Edema is functional disorder of lung, spleen, kidney, bladder and tri-energizer by six kinds of natural factors, internal injury and loss of nutritions. 2. Edema compartmentalize into the water of five zang organs, several kinds of edema(e,g. 5, 10, 12, 24) and yang & yin edema. 3. An ultimate cause of edema pathogenesis is the disturbance of Qi function in kidney. 4. In view of the results so far achived,'GV26(水淸)' is a vitally important acupoint in acupuncture treatment of edema.'GV26(水淸)' and 'CV9(水分)' are very useful acupoints in moxibustion. 5. In the acupuncture and moxibustion treatment of yang edema, we can use acupoints as like 'GV26(水溝)', 'S36(足三里)', 'B20(脾兪)' and 'SP9(陰陵泉)' by purgation and reduction for expelling wind, reducing fever and eliminating dampness. In an instance of yin edema, we can use acupoints as like 'CV9(水分)' 'S36(足三里)', 'CV6(氣海)', 'B20(脾兪)', 'B23(腎兪)' and 'K3(太谿)' by reinforcement for tonifying spleen yang-middle energizer-, qi-transmission and water promoting.

• Journal of the Institute of Electronics and Information Engineers
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• v.51 no.12
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• pp.180-188
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• 2014

It is very important accurate diagnosis and quick treatment in cerebrovascular disease, i.e. stenosis or occlusion that could be caused by risk factors such as poor dietary habits, insufficient exercise, and obesity. Time-of-flight magnetic resonance angiography (TOF-MRA), it is well known as diagnostic method without using contrast agent for cerebrovascular disease, is the most representative and reliable technique. Nevertheless, it still has measurement errors (also known as overestimation) for length of stenosis and area of occlusion in celebral infarction that is built by accumulation and rupture of plaques generated by hemodynamic turbulence. The purpose of this study is to show clinical trial feasibility for 3D-SPACE T2, which is improved by using signal attenuation effects of fluid velocity, in diagnosis of cerebrovascular disease. To model angiostenosis, strictures of different proportions (40%, 50%, 60%, and 70%) and virtual blood stream (normal saline) of different velocities (0.19 ml/sec, 1.5 ml/sec, 2.1 ml/sec, and 2.6 ml/sec) by using dialysis were made. Cross-examinations were performed for 3D-SPACE T2 and TOF-MRA (16 times each). The accuracy of measurement for length of stenosis was compared in all experimental conditions. 3D-SPACE 2T has superiority in terms of accuracy for measurements of the length of stenosis, compared with TOF-MRA. Also, it is robust in fast blood stream and large stenosis than TOF-MRA. 3D-SPACE 2T will be promising technique to increase diagnosis accuracy in narrow complex lesions as like two cerebral small vessels with stenosis, created by hemodynamic turbulence.

• The Journal of the Korean bone and joint tumor society
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• v.8 no.1
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• pp.1-11
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• 2002

Purpose : We evaluated the radiological and functional results of prosthetic reconstruction for locally aggressive benign and malignant tumor in the lower extremity. Materials and Methods : Eighty eight patients were followed up for an average 76 months(22~174). We examined the survival rate of prosthesis, and evaluated the final result by MSTS functional score and ISOLS radiological implants evaluation system. They were statistically analyzed according to the age(<20 year vs. ${\geq}$20 year), fixation methods, amount of bony resection, chemotherapy, local recurrence, and presence of metastasis. Results : The 5 year prosthetic survival rates were 100% in the proximal femur, 83.3% in the distal femur, 81.9% in the proximal tibia. Mean total functional scores were 73.3%, 72%, 68.7%, respectively. In distal femur, the non-chemotherapeutic group was superior in the prosthetic survival rate. Recurrence or metastasis affected the functions in the distal femur and proximal tibia. In the radiological evaluation of the distal femur, older patients over 20 years of age and with cement fixation were superior in bone remodeling(p<0.05). Postoperative infection and radiological loosening were the main causes of the prosthetic failure. Conclusion : The prosthetic reconstruction in the lower extremity led to good clinical and radiological results. Amount of bony resection, chemotherapy, recurrence and metastasis seemed to influence the prosthetic survival, and long-term follow-up will be necessary to investigate more significant prognostic factors.

• The Journal of the Korean bone and joint tumor society
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• v.20 no.2
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• pp.66-73
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• 2014

Purpose: Various diagnostic imaging modalities have been used to evaluate the effect of neoadjuvant chemotherapy for osteosarcoma early and noninvasively. We evaluated the effectiveness of imaging studies of plain radiographs and positron-emission tomography/computed tomography (PET/CT) in predicting neoadjuvant chemotherapy effect for osteosarcoma and tried to establish a general principle in interpretation of PET/CT parameters. Materials and Methods: Eighteen patients who underwent two cycles of neoadjuvant chemotherapy and surgical excision for osteosarcoma were enrolled. There were 13 males and 5 females, with a median age of 19 (11-63) years. Fifteen patients of 18 had the American Joint Committe on Cancer (AJCC) stage IIB. They had plain radiographs and PET/CT before and after neoadjuvant chemotherapy. The resected tumor specimens were pathologically examined to determine histological response grade using a conventional mapping method. Statistical analysis was performed to evaluate the correlation between histopathological necrosis rate, and radiographic finding category, post-chemotherapy maximum standardized uptake value (SUVmax), average standardized uptake value and metabolic tumor volume (MTV) as well as reduction rates of them. Results: Eight patients were good responders to neoadjuvant chemotherapy based on histological evaluation. Median SUVmax reduction rate was 73 (23-77) % in good responders and 42 (-32-76) % in poor responders. Median MTV reduction rate was 93.5 (62-99) % in good responders and 46 (-81-100) % in poor responders. While radiographic finding category was not different according to histological response (p=1.0), SUVmax reduction rate was significantly different (p=0.041). Difference in MTV reduction rates approached statistical significance as well (p=0.071). Conclusion: While radiographic finding category was not reliable to assess neoadjuvant chemotherapy effect for osteosarcoma, reduction rate of SUVmax was a useful indicator in this study. As parameters of PET/CT can be influenced by various factors of settings, different centers have to make an effort to establish their own standard of judgement with reference of previous studies.