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Comments on the ICSID Award Ansung Housing v. People's Republic of China (안성주택과 중국의 ICSID 중재사건에 관한 사례연구)

  • Kang, Pyoung-Keun
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.37-57
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    • 2017
  • On 9 March 2017, a Tribunal constituted under the ICSID Convention issued its ruling in the case of Ansung Housing v. People's Republic of China, dismissing with prejudice all claims made by the Claimant, Ansung Housing Co., Ltd., in its Request for Arbitration, pursuant to ICSID Arbitration Rule 41(5). Ansung Housing v. PRC has drawn attention since it is the first case where an investor with Korean nationality initiated an ICSID arbitration on the basis of the Korea-China Bilateral Investment Treaty (BIT) as amended in 2007 between the Republic of Korea and the People's Republic of China. The Tribunal finds that its ruling is about a lack of jurisdiction of the ICSID and of its own competence as well as regarding manifest lack of legal merit due to a lack of temporal jurisdiction, since a Respondent's Rule 41(5) objection is concerned with the three-year limitation period in Article 9(7) of the Korea-China BIT. The Tribunal held that, under Article 9(7) of the Korea-China BIT, the limitation period begins with an investor's first knowledge of the fact that it has incurred loss or damage, not with the date on which it gains knowledge of the quantum of that loss or damage. Finally, the Tribunal held that Ansung submitted its dispute to ICSID and made its claim for purposes of Article 9(3) and (7) of the BIT after more than three years had elapsed from the date on which Ansung first acquired knowledge of loss or damage and that the claim is time-barred and, as such, is manifestly without legal merit. It remains to be seen whether the aggrieved Claimant initiates annulment proceedings before an ad hoc committee under the ICSID Convention. It is quite interesting to see whether the decisions by the Tribunal should be reversed on the basis of the Claimant's arguments as to the start date as well as the end date of the limitation period under the Korea-China BIT.

A Study on the Performance Evaluation Method of Waterproofing-Seal as Leakage Crack Repairing Material using in Wet Environment Structure (습윤 환경 구조물에 적용하는 누수균열 보수용 방수씰의 성능평가 방법에 관한 연구)

  • 강효진;우영제;강호경;오상근
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2002.11a
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    • pp.43-48
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    • 2002
  • Since the basement building like the communication hole and etc. is built under the ground where it is pressed by the water, the leakage happens due to the dried-shrinking crack, the sinking crack, the creation of the work-joint of the building and etc. caused by the character of the material and construction way of the reinforced concrete building. Especially, a lot of repair for the leakage cannot help but being taken in temporary way without any noticeable countermeasure. Therefore, this kind of repair is socially criticized many times that this is defective construction even if this costs a lot. The fundamental reason of the above mentioned symptoms can be found in the creation of the work-joint caused by the character of the concrete building, the limitation of the physical performance of the existing water-proof and repair material, the limitation of the construction, the limitation of the physical sustaining performance of the concrete building, the limitation(heat-injury, deterioration) of the constancy of the durability caused by aging and etc. Therefore, in this study, we would like to present the better understanding on the water-proof seal relating to the application at the spot and its test evaluation related data since the necessity of the establishment of the quality control standard and the performance testing way on the relevant water-proof seal is rising a lot to regulate the water-proof technology and the leakage repair technology in accordance with the growth of the demand on the facility.

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Case Reports of Korean Medicine Treatment of Two Patients with Oculomotor Nerve Palsy Complaining of Ptosis and Limitation of Eye Movement After Subarachnoid Hemorrhage (지주막하출혈 후 안검하수와 안구운동장애를 호소하는 동안신경마비 환자의 한방치료 증례보고 2례)

  • Lee, Hyun-seung;Shim, Sang-song;Jeong, Sol;Shin, Yong-jeen;Yun, Jong-min;Moon, Byung-soon
    • The Journal of Internal Korean Medicine
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    • v.41 no.5
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    • pp.745-753
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    • 2020
  • Background: A number of studies have identified the effect of Korean medicine treatment for oculomotor nerve palsy, but few have reported treatment of subarachnoid hemorrhage. This paper reports two cases of oculomotor nerve palsy with ptosis and limitation of eye movement after subarachnoid hemorrhage whose conditions were improved by Korean medicine treatment. Methods: Two patients with ptosis and limitation of eye movement after subarachnoid hemorrhage were treated with Korean medicine, including acupuncture, electroacupuncture, herbal medicine, cupping, moxibustion, and pharmacoacupuncture. Clinical symptoms were measured as the distance of the interpalpebral fissure and eyeball movement (adduction, abduction). Results: After treatment, their clinical symptoms showed improvement. Conclusion: Korean medicine treatment, including pharmacoacupuncture and electroacupuncture, could be adopted as a treatment method for oculomotor nerve palsy after subarachnoid hemorrhage.

Application of Direct Analysis Method Considering Initial Imperfection Limitation (초기변형 허용값을 고려한 직접해석법 적용)

  • Kim, Hee Dong
    • Journal of Korean Society of Steel Construction
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    • v.25 no.5
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    • pp.487-495
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    • 2013
  • As the first step to suggest effective ways of using direct analysis method considering current situations of construction fields in Korea, analytical approach is used to verify direct analysis method which adapts initial imperfection limitation of Korean specification of building construction. The main analytical variables are size of frames, axial load ratio, axial load distribution, value of notional loads, location of notional loads, and applied method of notional loads. The results show that the use of initial imperfection limitation of Korean specification, L/700 is suitable, and the recommendable method to use direct analysis method is applied notional loads based on L/700 as minimum lateral load at each story, even if B2 is less than 1.5 and lateral loads exist.

A Comparative Study on Fisheries Resource Management System between Korea and China (한·중 어업자원관리제도에 관한 비교연구)

  • Cha, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.13 no.2
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    • pp.146-167
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    • 2001
  • Korea and China are two opposite countries located aside Yellow Sea and co-utilize the East China Sea. The two countries are close together from geological point of view, however, the competitive development of resources was more emphasized than the cooperative development of resources between the two countries because the special policy relationship. Additionally, after the communist government of China was founded in 1949, the political conception between the two countries was quite different. Therefore the establishment of appropriate international fisheries co-operation was impossible, and the international management problems of fisheries resources in Yellow Sea and East China Sea were let alone. UN convention on the Law of the Sea came to force in 1994, Korea and China adopted the exclusive economic zone system in 1996. On the other hand, Fisheries Law in Korea was enacted in 1953 in order to management of fisheries resources, and also China was enacted fisheries law in 1986. The two countries control the fisheries effort through fisheries license system, meanwhile through prohibition fishing area, prohibition fishing period, limitation of net size, and limitation of body length to conserve and manage the fisheries resource. The serious management methods of resource management in the two countries are similar such as the creation of promptly decreased species and those species that have commercial value, discharge of fish seedling stock, settlement of artificial reef and clean of fishing ground. Therefore, the two countries should consider not only the improvement of formal law system, but also how to recover the fisheries resources in circumference water zone and how to improve the efficiency of fisheries resource management. Specially the settlement and management of artificial reef should be chosen in the area that have the highest benefit to two countries, and should establish the common management system of discharge of fish seedling stock. And the two countries should adopt the same criteria through technical management and limitation of net size, limitation of body length, and prohibition area of special fisheries to ensure the highest fisheries benefit of fisherman in the two countries and the highest efficiency of fisheries resource management.

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THE CLINICAL STUDY ON THE EFFECT OF DEXAMETHASONE AND NAPROXEN TO THE SYMPTOMS AFTER REMOVAL OF IMPACTED LOWER THIRD MOLARS (Dexamethasone과 Naproxen 병용투여가 하악 제3대구치 발거 후 증상에 미치는 영향에 관한 임상적 연구)

  • Shin, Kwang-Ho;Lee, Jeong-Keun;Hwang, Byung-Nam
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.27 no.1
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    • pp.69-77
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    • 2001
  • PURPOSE : The Purpose of this study was to investigate the anti-inflammatory effect on combination dosage of dexamethasone and naproxen after removal of impacted 3rd molars. We evaluated postoperative pain, swelling, and mouth opening limitation quantitatively. PATIENTS AND METHODS : Removal of an impacted lower third molar was done under local anesthesia with 2% lidocaine to 239 healthy patients. We randomly gave experimental group 1.5mg dexamethasone and 200mg naproxen three times a day for postoperative 2days, and also gave control group 200mg naproxen alone three times a day for postoperative 2days. Swelling and pain were measured by visual analogue scale (VAS). Mouth opening limitation was measured by maximum interincisal opening length. We estimated these measurements in the first and second postoperative days. Differences between experimental and control group were investigated considering age, sex, BMI(body mass index), impacted type, surgical site(right or left), and operation time by independent student T-test. RESULTS : In general, swelling, pain, and mouth opening limitations were significantly reduced (p<0.01) by combination dose of dexamethasone and naproxen in postoperative one day. But there was no difference in pain on the second postoperative day. As variables being considered, in the postoperative pain, there was significant difference between experimental group and control group in only male, little bony removal group, left side extraction group. In case of postoperative swelling, there was no significant differences in male, adolescence, long operating time group (over 20 minutes), medium BMI group and right side extraction group. In case of postoperative mouth opening limitation, there was significant difference between only female and long operating time group (over 20 minutes). CONCLUSION : Variables being considered, postoperative swelling was more reduced by the combination dose of naproxen and dexamethasone than that of naproxen alone after removal of impacted 3rd molars. But there was varoius results in pain and mouth opening limitation.

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Correlation between clinical symptoms and magnetic resonance imaging findings in patients with temporomandibular joint internal derangement

  • Jung, Young-Wook;Park, Sung-Hoon;On, Sung-Woon;Song, Seung-Il
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.41 no.3
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    • pp.125-132
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    • 2015
  • Objectives: The purpose of this study was to clarify which findings in magnetic resonance imaging (MRI) are good predicators of pain and mouth opening limitation in patients with temporomandibular joint (TMJ) internal derangement (ID). Materials and Methods: Clinical examinations for pain and mouth opening limitation were conducted for suspected TMJ ID. MRI scans were taken within a week of clinical examinations. On the oblique-sagittal plane image, readings were obtained in terms of the functional aspect of disc position, degree of displacement, disc deformity, joint effusion, and osteoarthrosis. Multiple logistic regression analyses were conducted to identify the predictors of pain and mouth opening limitation. Results: A total of 48 patients (96 TMJs) were studied, including 39 female patients and 9 male patients whose ages ranged from 10 to 65 years. The resultant data showed significant correlations between pain and the MR imaging of the degree of disc displacement (P<0.05). The probability of there being pain in moderate to significant cases was 9.69 times higher than in normal cases. No significant correlation was found between mouth opening limitation and MRI findings. Conclusion: We identified a significant correlation between clinical symptoms and MRI findings of ID. The degree of anterior disc displacement may be useful for predicting pain in patients with TMJ ID.

Fault Current Limitation Characteristics of the Bi-2212 Bulk Coil for Distribution-class Superconducting Fault Current Limiters (배전급 초전도 한류기 개발을 위한 Bi-2212 초전도 한류소자의 사고전류 제한 특성)

  • Sim, Jung-Wook;Lee, Hai-Gun;Yim, Sung-Woo;Kim, Hye-Rim;Hyun, Ok-Bae;Park, Kwon-Bae;Lee, Bang-Wook;Oh, Il-Sung;Kim, Ho-Min
    • The Transactions of The Korean Institute of Electrical Engineers
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    • v.56 no.2
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    • pp.277-281
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    • 2007
  • We investigated fault current limitation characteristics of the resistive superconducting fault current limiter (SFCL) which consisted of a Bi-2212 bulk coil and a shunt coil. The Bi-2212 bulk coil and the shunt coil were connected in parallel. The Bi-2212 bulk coil was placed inside the shunt coil to induce field-assisted quench. The fault test was conducted at an input voltage of $200V_{rms}$ and fault current of $12kA_{rms}\;and\;25kA_{rms}$. The fault conditions were asymmetric and symmetric, and the fault period was 5 cycles. The test results show that the SFCL successfully limited the fault current of $12kA_{rms}\;and\;25kA_{rms}$ to below $5.5{\sim}6.9kA_{peak}\;within\;0.64{\sim}2.17$ msec after the fault occurred. Limitation was faster under symmetric fault test condition due to the larger change rate of current. We concluded that the speed of fault current limitation was determined by the speed of current rise rather than the amplitude of a short circuit current. These results show that the Bi-2212 bulk coil is suitable for distribution-class SFCLS.