• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.215-236
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• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• Korean Security Journal
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• no.10
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• pp.293-322
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• 2005

The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

• The Korean Journal of Ecology
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• v.4 no.3_4
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• pp.68-79
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• 1981

We discovered following on our surveys to the island six times in May, August (1978), in April, May, June, July (1979). There are 73 families, 158 genera, 189 species, 31 varieties over Tracheophyta Fuller & Tippo. Till early or middle age of Lee Dynasty, the island's dominant plants was evergreen broad-leaved trees, mainly consisted with Camellia japonica L. and Castanopsis cuspidata Schot, var. sieboldii Nakai but due to the population growth and increased exiles constant ground burnt off fr cultivation, the number of evergreen broad-leaved trees was decreased and that of P. densiflora S. et Z. replaced position. That is to say, the island was dominated by the flora of the subtropical zone era, but it has been complicated by flora of the temperate zone whose reproductivity is more vivid, in modern era. Recently Pinus thunbergiana Franco, Robinia pseudo-acasasia L. Amoroha fructicasia L. invaded and reserved inthe island. During a decade of the end of Japanes rule and after liberation about all of Pinus densiflora S. et Z. were cut downed, and after that, under the Forest Bureau, there have being sucessed to Pinus thunbergiana France. Camellia japonica L. other 20 species of evergreen broad-leaved trees are distributed in Island Wi, a tutelary shrine of Dae Ri, a mountain at the back of a village of Chi Do Ri and a mountain at the back of Jin Ri administrative office of a township. The special plants of the island are 1) state of Lycoris aurea Herb which of foun in a ridge between fields and forest around Jin Ri and 2) stock of Cmbidium virescens Lindly bloomed under the Pinus densiflora forest of Keun Tan Chi Do.

• Journal of Korean Society of Steel Construction
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• v.29 no.1
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• pp.49-60
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• 2017

As well as the strength check, fatigue life check is also mainly required for designing mooring lines of the floating structures. In general, forces which induce dynamic structural response significantly affect to fatigue design of the mooring lines. So, waves are mainly considered as the governing loading for fatigue design of the mooring lines. In this study, characteristics of the fatigue damage of the mooring lines for submerged floating tunnels (SFT) under irregular waves are investigated. For this study time domain hydrodynamic analysis is used to obtain motion of the tunnel and tension and stresses of the mooring lines under the specific environmental conditions. Also, the Rainflow-counting method, the Palmgren-Miner's rule, and S-N curves for floating offshore structures presented by DNV recommendation is applied to calculate the fatigue damage due to the fluctuating stresses. Referring to the design plactice of the tendon pipes for TLP (tension-leg platform), which is very similar structural system to SFT, it is assumed that a 100 year return period wave attacks the SFT systems during 48 hours and the fatigue damages due to the environmental loading are calculated. Following the analysis sequence, the effects of the tunnel draft, spacing and initial inclination angle of the mooring lines on the fatigue damage under the specific environmental loadings are investigated.

• Conservation Science in Museum
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• v.27
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• pp.23-38
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• 2022

The standing plaster figure entitled is an early work from Choi Man Lin's 'Eve' series. It reflects the aesthetics of abstract sculpture in the period following Korea's liberation from Japanese colonial rule. Modern and contemporary sculptures can be made from a wide variety of materials, so the particular selection of materials and expressive techniques are indicative of both the artist's intentions and the zeitgeist of the moment. In this regard, the materials and production techniques used in provide important basic data for the chronological study of Choi's artistic development. In this study, scientific analysis was conducted to reveal the production techniques used in the work. The scope of appropriate conservation treatment was decided through consultation between several people with decision-making authority. First, the internal structure was inspected using X-CT scanning, and a material analysis was conducted to identify the formal characteristics, materials, and production techniques found in the work. As the analyses revealed the work to be in a relatively stable state, only minimal conservation treatment was applied based on the opinions expressed by the institution housing the work, by a former assistant of the artist, and in an interview granted by the artist during his lifetime.

• Convergence Security Journal
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• v.16 no.7
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• pp.129-137
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• 2016

The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

• Journal of Digital Contents Society
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• v.16 no.4
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• pp.659-669
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• 2015

Recently, media art is transforming from analogue to 'digital', and from 2D to '3D'. In particular, the range of utilizing 3D Media Art is getting wider through merging with other genres of contents in the digital environments, such as Media façade, Hologram, Virtual reality, App application, and etc. Therefore, by referring to the 3D award-winning works of Pirx Ars Electronica, which are regarded as the most outstanding works of media art of today, factors that affect sensation of visual immersion have been analyzed, through which strategies for maximizing viewers' interests in media arts and heightening their emotions while viewing have been determined. Based on the findings of the study, it has been shown that such works of media arts that involve development of concepts with 'creativity' and 'variability' from the perspective of visual concept, such as 3D modeling and mapping, with 'consistency' through out all concepts, as well as the works with stronger 'restriction' of concept within its animation and postproduction, attracted more interests from the viewer. From the point of view with visual four steps in composition, positioning the change in quality of 3D 'shape' and 'material' following the four-step rule, and gradual increase of change in quantity within the 'number' and 'size', in addition to increased degree of systematization within the change in editing, such as the 'scene change', resulted in more heightened emotions from the viewer. Thus, in order to maximize sensation of visual immersion, strategies for 'developing 3D visual concepts' while 'synchronizing' them, as well as 'strengthening the four steps within 3D visual composition' while 'systematizing' them should be emphasized.

• The Korean Journal of Nuclear Medicine
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• v.38 no.4
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• pp.311-317
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• 2004

Purpose: The purpose of this study was to determine the utility of tumor marker CA 15-3 in the following: the diagnosis of breast cancer relapse after curative mastectomy, and the differentiation or the value of tumor marker by site of metastases. Materials and Methods: Two hundred two patients (median age 48 years) with breast cancer included in the follow-up after curative mastectomy. The tumor marker CA 15-3 was determined by IRMA (CIS BIO INTERNATIONAL, France). Test values > 30 U/ml were considered elevated (positive). Results: Among 202 patients, recurrent diseases were found in 16 patients. CA 15-3 was elevated in 5 of 16 patients with recurrences. There was no false-positive patient who had elevated CA 15-3. Sensitivity and specificity of CA 15-3 for detection of breast cancer recurrence were 31%, and 100%. CA 15-3 was elevated in all of the 4 patients with liver metastases. CA 15-3 was elevated in none of the patients who relapsed with metastasis to bone-only or contralateral breast-only. Conclusion: The tumor marker CA 15-3 in the detection of breast cancer relapse after curative mastectomy is specific, but not sensitive. However, it is useful to rule out liver metastases of breast cancer, which indicates bad prognosis.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.37-55
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• 2021

On March 19, 2021, the Korean Bioethics Association and related academic circles published a joint statement criticizing the partial revision of Infectious Disease Control And Prevention Act. However, according to the Bioethics And Safety Act of Korea, research conducted by the state or local governments for public welfare is excluded from human subjects research project. In addition, since the Korean legal system is not based on the dichotomy between research and surveillance, the discussion of the US Common Rule cannot be directly applied to Korea. For the harmonious operation of the state's duty to manage infectious diseases and the Institutional Review Boards, institutional alternatives should be prepared in consideration of the following issues. First, the related academic community should first pay attention to the problems of the current laws in Korea. Second, it should be understood that the state is carrying out many tasks without the consent of the parties in order to fulfill its duty to manage infectious diseases. Third, when presenting institutional alternatives, it is necessary to consider the feasibility of implementation in Korea. An in-depth discussion of the institutional alternatives by the Medical Law Society and other related academic circles is necessary.

• Journal of Science and Technology Studies
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• v.19 no.2
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• pp.41-83
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• 2019

Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.