• Journal of Korea Trade
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• v.24 no.2
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• pp.15-30
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• 2020

Purpose - This paper investigates the theories and practices of Most-Favored-Nation (MFN) clauses. The MFN clause became a controversial issue during the past two decades, especially in the context of investment arbitration. This paper aims to clarify a reasonable way to apply MFN clauses. It in particular focuses on the territoriality requirements and the scope of investment activity which are common features included in most of investment treaties. Design/methodology - This paper analyses two investment arbitration cases, Ansung Housing and Beijing Urban Construction. Through the case study, this paper reveals limitations of the currently dominant views on the operation of MFN clauses. It then tries to reconstruct the system of MFN application within the relevant arbitration principles. Findings - Tribunals of recent investment arbitration as represented in the two cases above employed strict literal interpretation of the treaty provisions, especially of the phrase "in its territory". This paper finds a more functional interpretation is appropriate and consistent with theories of public international law and developments of global economy. Originality/value - Existing studies either stuck to literal interpretation or suggested more flexible interpretation of the phrase "in its territory" without full explanation. This paper tries to fill the gap in the existing discussion by analyzing legal foundations and theoretical structure for an effective interpretation of MFN clauses.

• Speech Sciences
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• v.15 no.3
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• pp.67-78
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• 2008

This study was intended to analyze how well people with right hemisphere damage can understand Korean proverbs. This study used a between-subject design and within-subjects design where all subjects participate in the three experiments for 10 hospitalized patients of whose average age is 66.1 years old and 10 normal adults in the same age range. Experiment 1 was to make up Korean proverb related stories and suggest it in written, Experiment II was to suggest a picture presenting a Korean proverb and the proverb itself directly, and Experiment III was to make up a story related to a Korean proverb and tell it auditory. Five Korea proverbs were used for each experiment; 15 in total. The results were as follows: First, there was a significant difference in understanding of Korean proverbs between normal adults and people with right hemisphere damage. Second, there was no significant difference of understanding between them by stimulating methods to suggest Korean proverbs. Third, people with right hemisphere damage had a tendency to interpret Korean proverbs literally as a total wrong reaction was composed of 55.36%. Considering the above the results, it can be said that people with right hemisphere damage have less understanding of Korean proverbs than normal adults, which is not affected by a way of or a condition of suggesting Korean proverbs in people with RHD, and they are inclined to make literal interpretation of Korean proverbs as they are.

• Asian Journal of Innovation and Policy
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• v.7 no.3
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• pp.606-624
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• 2018

Patent infringement is defined as implementing a whole patent product without authorization, which is called literal infringement. However, the alleged infringer sometimes does not directly produce the same product with the patented invention, but they simply replace some claimed elements with new materials, or they only produce a certain part of the patent product. Therefore, there is an issue on whether the above cases should also be deemed as patent infringement. This paper uses specific cases to analyze the formation and development process of the doctrine of equivalents and indirect infringement theory in Japan. Then, by discussing the interpretation of Article 101 of the current Japanese patent law, this paper makes it clear that whether it constitutes direct or indirect infringement in some particular cases. The objective of this paper is to clarify the specific requirements of patent infringement under Japanese patent law by case studying and comparing with the patent legal system of China.

• Korean Journal of Logic
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• v.15 no.1
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• pp.85-107
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• 2012

This essay criticizes Van Fraassen's argument for empirical equivalence among competing theories, which is based on his interpretation of Newtonian space-time. I argue that his misleading interpretation of the ontology of absolute space-time results in his ineffective attacks against a residual structure of space-time, absolute velocity. Van Fraassen's argument basically misleads us into empirical equivalence in that his literal reading of Newtonian space-time disregards a variety of aspects of its model.

• International Commerce and Information Review
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• v.10 no.4
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• The Journal of the Korea Contents Association
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• v.17 no.10
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• pp.54-64
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• 2017

The purpose of this study was to analyze the cliche for English-Korean interpretation and translation with special reference to the cliche based on the Holy Bible texts. Cliches are figurative or literal expressions and are overused expressions in various different cultures. In addition, cliches are languages, a tool of communication in an appealing way. Therefore, cliches are must be clearly distinguished from the term of idioms that are figurative phrases with an implied meaning; the phrase is not to be taken literally. Also, cliches are the single most important factor that characterizes socioculturally. Through this empirical analysis on cliches we see that this study has conceptualized the meaning of cliche. Based on this result, I expect that anyone who researches English-Korean interpretation and translation field should be concerned about cliches. I hope this study will be a guide to the right uses of cliches in English language fields.

• Journal of Educational Research in Mathematics
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• v.18 no.1
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• pp.51-62
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• 2008

In the 7th-curriculum, only basic arithmetics of complex numbers have been taught. They are taught formally like literal manipulations. This paper analyzes mathematically essential relations between algebra of complex numbers and plane geometry. Historical analysis is also performed to find effective methods of teaching complex numbers in school mathematics. As a result, we can integrates this analysis with school mathematics by help of Viete's operations on right triangles. We conclude that teaching geometric interpretation of complex numbers is possible in school mathematics.

• The Journal of the Korea Contents Association
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• v.15 no.11
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• pp.626-634
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• 2015

The purpose of this study was to analyze the cliche for English-Korean interpretation and translation training with special reference to the cliche based on Shakespeare's works texts. The term of 'idioms' are generally used as figurative expressions instead of the term of 'cliche'. Thus, cliches must be reinterpreted in the lexicon that are used in useful expressions. Cliches are often idioms. Idioms are figurative phrases with an implied meaning; the phrase is not to be taken literally. This causes difficulty when translating to another language because the meaning may not be understood by people within that culture. Cliches are figurative or literal expressions and are overused expressions. Consequently, the cliches are distinguished from the idioms by the transparent meanings. This study was examined based on the cliches shown in Shakespeare's works texts. After all, anyone who wants to become an efficient English learners, interpretor and translator should be familiar with cliches. They had better use the cliche in English learning site. I hope this study will be helpful even a bit to his attempt.

• The Journal of the Korea Contents Association
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• v.15 no.10
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• pp.658-668
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• 2015

The purpose of present study tested the effects of context, transparency, familiarity and related variables on comprehension of 32 idioms in 87 Chinese learners of Korean who were attending the S university in Jeonnam providence. In the first assessment, idiomatic phrases were presented out of context. In another assessment, idiomatic phrases were embedded in supportive story contexts. To examine the difference based on task types, paired t-test or one-way ANOVA was used to test differences on related variables such as TOPIK, years of residence in Korea, major and etc. on idiom comprehension. The results of this study are summarized as follows. First, task type, familiarity and transparency were found to have no significant effect on idiom comprehension for Chinese learners of Korean. Second, the related variables such as TOPIK, and major had a significant effect on idiom comprehension. Third, percentage of context related interpretation error in context task was the highest. Literal interpretation errors were followed by it. It means they have a tendency to use contextual cues and semantic analysis of the phrase to comprehend Korean idioms. The results of study will be used to make a plan for teaching Chinese learners of Korean.

• Cross-Cultural Studies
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• v.19
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• pp.251-270
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• 2010

The subject of the paper is to discern the validity of the translation theory put forward by the ESIT(Ecole Sup?rieur d'Interpr?tes et de Tranducteurs, Universit? Paris III) and how it differentiates from the other translation theories. First, the paper will analyze the theoretical aspects put forward by examining the equivalence that may be discerned between the french and korean translation in relation to the original english text that is being translated. Employing the equivalence in translation may shed new insights into the unterminable discussions we witness today between the literal translation and the free translation. Contrary to the formal equivalence the dynamic equivalence by Nida suggests that the messages retain the same meanings whether it be the original or a translated text to the/for the reader. In short, the object of the dynamic equivalence is to identify the closest equivalence to the suggested source language. The concept of correspondence and equivalence defined by theoriticians of translation falls to the domain of dynamic equivalence suggested by Nida. In translation theory the domain of usage of language and the that of discourse is denoted separately. by usage one denotes the translation through symbols that make up language itself. In contrast to this, the discourse is suggestive of defining the newly created expressions which may be denoted as being a creative equivalence which embodies the original message for the singular situation at hand. The translator will however find oneself incorporating the two opposing theories in translating. Translation falls under the criteria of text and not of language, thus one cannot regulate or foresee any special circumstances that may arise in translation of discourse, the translation to reflect this condition should always be delimited. All other translation should be subject to translation by equivalence. The interpretation theory in translation (of ESIT) in effect is relative to both the empirical and philosophical approach and is suggestive of new perspective in translation. In conclusion, the above suggested translation theory is different from the skopos theory and the polysystem theory in that it only takes in to account the elements that are in close relation to the original text, and also that it was developed for educational purposes opening new perspectives in the domain of translation theories.