• Journal of Arbitration Studies
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• v.29 no.2
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• pp.107-132
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• 2019

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

• Journal of English Language & Literature
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• v.57 no.6
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• pp.1131-1149
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• 2011

Michael McKeon, in The Origins of the English Novel, 1600-1740, sets forth a theoretical study of a large canon of seventeenth- and eighteenthcentury works, based upon the dialectic of genre formations, which attempts to analyze certain "instabilities" in generic and social categories- "instabilities" that McKeon identifies as "Questions of Truth" and "Questions of Virtue." In this paper, I argue with McKeon's optimistic reading of Samuel Richardson's work, Clarissa, or The History of Young Lady (1740), which concludes that-unlike Pamela's "manifest material and social empowerment"-Clarissa acquires "manifest discursive and imaginative empowerment" and "wins" (to use McKeon's terms) the "battle" with her antagonist, Robert Lovelace. What is difficult to accept in this reading of Clarissa is McKeon's claim that the "success" of Clarissa's resistance to Lovelace, despite the tragic rape, is evident in her "new-found power" which is represented in the heroine's spiritual "conversion"- her decision to die to protect her "version of truth and virtue." McKeon's spiritual "conversion" not only forces Clarissa to surrender her legal right to prosecute her rapist but also forces her to seek the shelter of her "father's house" in the afterlife because she can no longer "make others accept [her] own version of events as authoritative." Thus, in contrast to McKeon, I claim that Clarissa represents the necessary conditions for its heroine's "empowerment" primarily in language that suggests her manifest social invalidation; language which in particular emphasizes that her rape and torture by Lovelace forces Clarissa's spiritual "conversion" to seek her reward in the afterlife-thereby concluding that Clarissa's discursive and imaginative empowerment does not and cannot exist in the secular, material world.

• The KIPS Transactions:PartD
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• v.8D no.2
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• pp.132-144
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• 2001

The broadcast environment is asymmetric communication aspect that is typically much greater communication capacity available from server to clients than in the opposite direction. In addition, most of mobile computing systems only allow the generation of read-only transactions from mobile clients for retrieving different types of information such as stock data, traffic information and news updates. Since previous concurrency control protocols, however, do not consider such a particular characteristics, the performance degradation occurs when those schemes are applied to the broadcast environment having quite a high data contention. In this paper, we propose OCC/2VTS (Optimistic Concurrency Control based on 2-Version and TimeStamp) that is most appropriate for broadcast environment. OCC/2VTS lets each client process and commit query transactions for itself by using two version data in cache. If the values of appropriate data items are not changed twice by invalidation report after a query transaction starts, the query transaction is committed safely independent of commitment of update transactions. OCC/2VTS decreases the number of informing server for the purpose of commitment. Due to broadcasting the validation reports including updated recent values, it reduces the opportunity of requesting a recent data values of server as well. As a result, OCC/2VTS makes full use of the asymmetric bandwidth. It also improves transaction throughput by increasing the query transaction commit ratio as much as possible.

• Journal of Korean Society of Transportation
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• v.30 no.4
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• pp.107-118
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• 2012

This paper investigated habitual drunk drivers' characteristics by grouping them by the number of DUI records, and customized countermeasures for each group. Theoretical models to accommodate underlying causes for drunk driving, which adopted the form of a path analysis, were developed based on psychological variables. According to the psychological paths to drunk driving, each group showed different defense mechanisms and different senses of guilty, shame and embarrassment. This provided a rationale for differentiating countermeasures for each group. Habitual drunk drivers were found to have a strong propensity of self-justification due to their defense mechanism. Thereby, it would be useless to simply discourage them from drinking and driving. Rather, more active measures such as locking devices, invalidation of driver license, and group counseling should be taken to stop habitual drunk driving. Furthermore, since habitual drunk drivers showed high projection propensity, it is necessary to force them to participate in a sensibility training program, which might entail the amendment of related laws or regulations.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.19 no.3
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• pp.401-417
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• 1994

In this paper, a new testable design technique for domino CMOS circuits is proposed to detect stuck-at(s-at), stuck-open(s-op) and stuck-on(s-on) faults in the circuits by observing logic test reponses. The proposed technique adds one pMOS transistor per domino CMOS gate for s-op and s-on faults testing of nMOS transistors and one nMOS transistors and one nMOS transistor per domino gate or multilevel circuit to detect s-on faults in pMOS transistors of inverters in the circuit. The extra transistors enable the proposed testable circuit to operate like a pseudo static nMOS circuit while testing nMOS transistors in domino CMOS circuits. Therefore, the two=phase operation of a precharge phase and a evaluation phase is not needed to keep the domino CMOS circuit from malfunctionong due to circuit delays in the test mode, which reduces the testing time and the complexity of test generation. Most faults of th transistors in the proposed testable domino CMOS circuit can be detected by single test patterns. The use of single test patterns makes the testing of the proposed testable domino CMOS circuit free from path delays, timing skews, chage sharing and glitches. In the proposed design, the testing of the faults which, require test sequences also becomes free from test invalidation. The conventional automatic test pattern generators(ATPG) can be used for generating test patterns to detect faults in the circuits.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.12
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• pp.752-758
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• 2020

A professor is an employed as a member of a college, and his invention is transferred to the Industry-Academic Cooperation Foundation (IACF). A professor often reveals his inventions in a thesis or at a symposium before the IACF applies for a patent. Such self-disclosure could be in violation of the confidential responsibility. This study analyzes the number of patent invalidation trials as well as self-revealed patent applications raised in connection with the confidential responsibility. This study also scrutinizes cases to figure out whether the confidential responsibility was breached depending on the time of the self-disclosure both before and after the succession of an invention. In addition, side effects that could accompany self-disclosure are investigated. In the case of the self-disclosure by the professor, an invention to which the college belongs fails to secure patent right or it is hard to obtain comprehensive right. Even if rights were secured, it could be invalidated. Furthermore, they could infringe the confidential responsibility of employees under the Invention Promotion Act, and also could contravene the confidential responsibility specified by the Enforcement Decree of the unfair Competition Prevention if the succession of the invention is confirmed. Therefore, colleges should manage self-disclosure of employee invention and take appropriate action.