• Journal of Arbitration Studies
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• v.19 no.2
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• pp.95-126
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• 2009

One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

• Journal of the Korean Applied Science and Technology
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• v.37 no.5
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• pp.1285-1297
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• 2020

In this study, we report the results of a study on the clinical evaluation of wrinkle improvement by developing a method for liposome of high-purity Centella asiatica extract used in pharmaceuticals and cosmetics, and a cream using the same. In order to make Centellasome-10EX stabilizing centella asiatica extract in liposome lamella vesicle, it could be completed using 5% hydrogenated lecithin and 2% sucrose distearate. The appearance of Centellasome-10EX was a creamy form of low viscosity, the color was pale yellow, and the odor had the inherent odor of the raw material. The pH was about 6.12, the specific gravity was 1.09, and the acid value was about 0.35. The content of the main constituents of centella asiatica extract contained in the liposome vesicle contains 10,800 ppm of asiatic acid, 10,900 ppm of asiaticoside, 6,000 ppm of madecasic acid, and 1,600 ppm of madecassoside, and long-term storage. There was no discoloration even at the time, and it was found that the main component remained stable thermodynamically. To mechanistically analyze the structure of the liposome vesicle of Centellasome-10EX, as a result of observation with a transmission electron microscope (Cryo-TEM), the multilayer vesicles are formed and filled with moisture, and there are 10 to 60 multilayers around it. It was confirmed that the liposome lamella vesicle was formed. As a clinical trial (in-vivo) test, the moisturizing effect of centellasome cream after application for 5 weeks was 28.3%, which was significantly increased compared to placebo. The skin elasticity effect was 13.6%, which significantly increased the moisturizing power than the placebo. The effect of improving fine wrinkles around the eyes was improved by 23.52% compared to placebo cream. Through the results of this study, it was possible to study the formulation and manufacturing method for encapsulation and stabilization of the developed Centellasome-10EX in the liposome vesicle. It is expected that the results obtained through clinical research on the wrinkle improvement effect of the cream using this can be widely used to study skin science in the cosmetic industry and to develop high-quality cosmetics with high efficacy.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2004.04a
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• pp.5-9
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• 2004

In this paper, we studied the OCT(Optical Coherence Tomography) system which it has been extensively studied because of having some advantages such as high resolution cross-sectional images, low cost, and small size configuration. A basic principle of OCT system is Michelson interferometer. The characteristics of light source determine the resolution and the transmission depth. As a results, the light source have a commercial SLD with a central wavelength of 1,285 nm and FWHM(Full Width at Half Maximum) of 35.3 nm. The optical delay line part is necessary to equal of the optical path length with scattered light or reflected light from sample. In order to equal the optical path length, the stage which is attached to reference mirror is moved linearly by step motor And the interferometer is configured with the Michelson interferometer using single mod fiber, the scanner can be focused of the sample by using the reference arm. Also, the 2-dimensional cross-sectional images were measured with scanning the transverse direction of the sample by using step motor. After detecting the internal signal of lateral direction at a paint of sample, scanner is moved to obtain the cross-sectional image of 2-demensional by using step motor. Photodiode has been used which has high detection sensitivity, excellent noise characteristic, and dynamic range from 800 nm to 1,700 nm. It is detected mixed small signal between noise and interference signal with high frequency After filtering and amplifying this signal, only envelope curve of interference signal is detected. And then, cross-sectional image is shown through converting this signal into digitalized signal using A／D converter. The resolution of the OCT system is about 30$\mu\textrm{m}$ which corresponds to the theoretical resolution. Also, the cross-sectional image of ping-pong ball is measured. The OCT system is configured with Michelson interferometer which has a low contrast because of reducing the power of feedback interference light. Such a problem is overcomed by using the improved inteferometer. Also, in order to obtain the cross-sectional image within a short time, it is necessary to reduce the measurement time for improving the optical delay line.

• Journal of Biomedical Engineering Research
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• v.25 no.5
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• pp.391-401
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• 2004

3D imaging systems using 2D phased arrays have a large number of active channels, compelling to use a very expensive and bulky beamforming hardware, and suffer from low volume rate because, in principle, at least one ultrasound transmit-receive event is necessary to construct each scanline. A high speed 3D imaging method using a cross array proposed previously to solve the above limitations can implement fast scanning and dynamic focusing in the lateral direction but suffer from low resolution except at the fixed transmit focusing along the elevational direction. To overcome these limitations, we propose a new real-time volumetric imaging method using a cross array based on the synthetic aperture technique. In the proposed method, ultrasound wave is transmitted successively using each elements of an 1D transmit array transducer, one at a time, which is placed along the elevational direction and for each firing, the returning pulse echoes are received using all elements of an 1D receive array transducer placed along the lateral direction. On receive, by employing the conventional dynamic focusing and synthetic aperture method along lateral and elevational directions, respectively, ultrasound waves can be focused effectively at all imaging points. In addition, in the proposed method, a volume of interest consisting of any required number of slice images, can be constructed with the same number of transmit-receive steps as the total number of transmit array elements. Computer simulation results show that the proposed method can provide the same and greatly improved resolutions in the lateral and elevational directions, respectively, compared with the 3D imaging method using a cross array based on the conventional fixed focusing. In the accompanying paper, we will also propose a new real-time 3D imaging method using a cross array for improving transmit power and elevational spatial resolution, which uses linear wave fronts on transmit.

• Publications of The Korean Astronomical Society
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• v.36 no.3
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• pp.65-78
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• 2021

Jagyeokru, an automatic striking water clock described in the Sejong Sillok (Veritable Records of King Sejong) is essentially composed of a water quantity control device and a time-signal device, with the former controlling the amount or the flow rate of water and the latter automatically informing the time based on the former. What connects these two parts is a signal generating device or a power transmission device called the 'Jujeon' system, which includes a copper rod on the float and ball-racked scheduled plates. The copper products excavated under Gongpyeong-dong in Seoul include a lot of broken plate pieces and cylinder-like devices. If some plate pieces are put together, a large square plate with circular holes located in a zigzag can be completed, and at the upper right of it is carved 'the first scheduled plate (一箭).' Cylinder-like devices generally 3.8 cm in diameter are able to release a ball, and have a ginkgo leaf-like screen fixed on the inner axis and a bird-shaped hook of which the leg fixes another axis and the beak attaches to the leaf side. The lateral view of this cylinder-like device appears like a trapezoid and mounts an iron ball. The function of releasing a ball agrees with the description of Borugak Pavilion, where Jagyeokru was installed, written by Kim Don (1385 ~ 1440). The other accounts of Borugak Pavilion's and Heumgyeonggak Pavilion's water clocks describe these copper plates and ball releasing devices as the 'Jujeon' system. According to the description of Borugak Pavilion, a square wooden column has copper plates on the left and right sides the same height as the column, and the left copper plate has 12 drilled holes to keep the time of a 12 double-hours. Meanwhile, the right plate has 25 holes which represent seasonal night 5-hours (Kyeong) and their 5-subhours (Jeom), not 12 hours. There are 11 scheduled plates for seasonal night 5-hours made with copper, which are made to be attached or detached as the season. In accordance with Nujutongui (manual for the operation of the yardstick for the clepsydra), the first scheduled plate for the night is used from the winter solstice (冬至) to 2 days after Daehan (大寒), and from 4 days before Soseol (小雪) to a day before the winter solstice. Besides the first scheduled plate, we confirm discovering a third scheduled plate and a sixth scheduled plate among the excavated copper materials based on the spacing between holes. On the other hand, the width of the scheduled plate is different for these artifacts, measured as 144 mm compared to the description of the Borugak Pavilion, which is recorded as 51 mm. From this perspective, they may be the scheduled plates for the Heumgyeonggak Ongru made in 1438 (or 1554) or for the new Fortress Pavilion installed in Changdeokgung palace completed in 1536 (the 31^st year of the reign of King Jungjong) in the early Joseon dynasty. This study presents the concept of the scheduled plates described in the literature, including their new operating mechanism. In addition, a detailed model of 11 scheduled plates is designed from the records and on the excavated relics. It is expected that this study will aid in efforts to restore and reconstruct the automatic water clocks of the early Joseon dynasty.

• Journal of the Korean Applied Science and Technology
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• v.38 no.6
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• pp.1687-1698
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• 2021

This study is to produce multiple layers of liposomes in a supercritical state and encapsulates active ingredients in order to stably encapsulate thermodynamically unstable active ingredients. In order to form a liposome in a supercritical state, a mixed surfactant development including vegetable-derived hydrogenated phosphatidyl choline and their delivative, hydrogenated sucrose distearate was synthesized as high purity. It describes a manufacturing method of injecting liquid carbon dioxide into a reactor to create a supercritical state and stirring to produce a giant liposome, and adding and loading genistein and quercetin. The HLB of the mixed lipid complex (SC-Lipid Complex) was 12.50, and multiple layers of liposome vesicles were formed even at very low concentrations. This surfactant had a specific odor with a pale yellow flake, the specific gravity was 0.972, and the acid value was 0.12, indicating that it was synthesized with high purity. As a result of the emulsifying capacity experiment using 20 wt% capric/capric triglyceride and triethylhexanoin using SC-Lipid Complex, it was found to have 96.2% emulsifying power. SC LIPOSOME GENISTEIN was confirmed that a multi-layer liposome vesicle was formed through a transmission electron microscope (Cryo-TEM) for the supercritical liposome encapsulated with genistein. The primary liposome particle size in which genistein was encapsulated was 253.9 nm, and the secondary capsule size was 18.2 ㎛. Using genistein as the standard substance, the encapsulation efficiency of supercritical liposomes was 99.5%, and general liposomes were found to have an efficiency of 93.6%. In addition, the antioxidant activity experiment in which quercetin was sealed was confirmed by the DPPH method, and it was found that the supercritical liposome significantly maintained excellent antioxidant activity. In this study, thermodynamically unstable raw materials were sealed into liposomes without organic solvents in a supercritical state. Based on these results, it is expected that it can be applied to various forms such as highly functional skincare cosmetics, makeup cosmetics, and scalp protection cosmetics.

• (The) Research of the performance art and culture
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• no.41
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• pp.219-255
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• 2020

This article was triggered by Victor H. Mair's book 'Painting and performance'. The book explained that Buddhist paintings are common in the area where Buddhism was spread, and there are also performances using them. And although it has nothing to do with Buddhism, it has been shown that this form of performance can be global. However, the problem was not 'Korea'. It was because there was no record or transmission of the corresponding performance soon. In this situation, the landing method of Samcheok stable temple was announced in 2018. On the one hand, the academic community is very pleased, but on the other hand, it is troubled. The worries are summed up as 'synchronic and diachronic universality'. Is the landing method inherited from the Samcheok stable temple a unique type of temple? Otherwise, it is a question of whether it has been passed down or is it universal at the national level. However, prior to this essential question, we do not yet know the full picture of the stable landing method. So this article was prepared to show the overall outline of the stable landing method. There is a 'picture' in common throughout the landing method, and understanding how to operate it in various ways is the first step in understanding the landing method. There are five repertoires (which are called main halls) that are considered important, and more than that. What these repertoires have in common is the narrative structure of a Buddhist character. In this narrative, the most important thing is the revised figure, and it was the earthly method to inform the contents of the revised figure in various ways. In the case of Byeonsangdo, which serves as a clue to the narrative, there was a problem that could not be seen in the evening without light, which required special design. It is the way of shadow play and Yeongdeung. In other words, there are three types of performances in the landing method. The first is the method of using reparation, and the second is the method of using shadow. The third is the way of eternity. This method is not a selection based on the contents of the repertoire, but a selection based on the performance environment. If there is light and you can see the picture, use reparation. However, in the evening, it was impossible to see it dark (when there was no electricity in the past). The use of the visual method as a tool in this method is to confirm the transition to a visual culture that is a step further from the level of culture. Moreover, unlike the epic narrative, the power of the implied image provided an opportunity for viewers to experience the mystery of Buddhism through emotional stimulation.

• (The) Research of the performance art and culture
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• no.40
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• pp.71-109
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• 2020

Nihonbuyo(日本舞踊), a typical traditional Japanese dance, began with kabuki dancing and formed many schools, and was managed by Iemoto system. Iemoto(家元) is the head family of a school of a traditional Japanese art. Iemoto(家元) existed after the establishment of the ancient family system, and it was established as a system during the modern feudal period. Especially in Nihon Buyo, the Iemoto system has developed greatly since the modern era. Iemoto System has has contributed greatly to the succession of traditional arts and has been considered one of the characteristics of Japanese society. Basically, Iemoto system considers it the best authority to pass on the skills of excellent teachers without any distortion. It has various forms depending on the field and the school, but it is an organization with a family structure similar to that of a family with Iemoto at the top. In this article, I examined the establishment and background of the Nihonbuyo and considered the succession of the fame and authority of Iemoto through the system of succession. There are so many schools in the Nihonbuyo world that it is said to be a school kingdom. These schools were divided into kabuki actors, choreographers, female entertainers, ChiutaMai dance(地唄舞) and new dance styles, and the aspect of the Iemoto system was examined through the background and characteristics of each school. While Iemoto system has a positive aspect of inheriting the tradition, there are also many negative criticisms in the art world, such as rigid organizational management, the products of feudal society, the power of Iemoto, and the stalemate of arts. Nevertheless, in a Japanese society that places importance on tradition, the landlady system will not disappear easily. In fact, today, when there are many different art genres in common, young dancers are starting to challenge themselves along with self-examination of Iemoto in order to make the best use of traditional art. We hope that through consideration of the Japanese housekeeping system, it will become a place where intangible cultural properties will be re-acknowledged.

• The Korean Journal of Archival Studies
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• no.79
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• pp.5-32
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• 2024

The Korean government ranked 3rd among 193 UN member countries in the UN's 2022 e-Government Development Index. Korea, which has consistently been evaluated as a top country, can clearly be said to be a leading country in the world of e-government. The lubricant of e-government is data. Data itself is neither information nor a record, but it is a source of information and records and a resource of knowledge. Since administrative actions through electronic systems have become widespread, the production and technology of data-based records have naturally expanded and evolved. Technology may seem value-neutral, but in fact, technology itself reflects a specific worldview. The digital order of new technologies, armed with hyper-connectivity and super-intelligence, not only has a profound influence on traditional power structures, but also has an a similar influence on existing information and knowledge transmission media. Moreover, new technologies and media, including data-based generative artificial intelligence, are by far the hot topic. It can be seen that the all-round growth and spread of digital technology has led to the augmentation of human capabilities and the outsourcing of thinking. This also involves a variety of problems, ranging from deep fakes and other fake images, auto profiling, AI lies hallucination that creates them as if they were real, and copyright infringement of machine learning data. Moreover, radical connectivity capabilities enable the instantaneous sharing of vast amounts of data and rely on the technological unconscious to generate actions without awareness. Another irony of the digital world and online network, which is based on immaterial distribution and logical existence, is that access and contact can only be made through physical tools. Digital information is a logical object, but digital resources cannot be read or utilized without some type of device to relay it. In that respect, machines in today's technological society have gone beyond the level of simple assistance, and there are points at which it is difficult to say that the entry of machines into human society is a natural change pattern due to advanced technological development. This is because perspectives on machines will change over time. Important is the social and cultural implications of changes in the way records are produced as a result of communication and actions through machines. Even in the archive field, what problems will a data-based archive society face due to technological changes toward a hyper-intelligence and hyper-connected society, and who will prove the continuous activity of records and data and what will be the main drivers of media change? It is time to research whether this will happen. This study began with the need to recognize that archives are not only records that are the result of actions, but also data as strategic assets. Through this, author considered how to expand traditional boundaries and achieves reterritorialization in a data-driven society.

• Explosives and Blasting
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• v.9 no.1
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• pp.3-13
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• 1991

The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill ${\phi}70mm$ on the calcalious sand stone (soft -modelate -semi hard Rock). The total numbers of test blast were 88. Scale distance were induced 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagtion Law in Blasting Vibration $V=K(\frac{D}{W^b})^n$ were V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W : Maximum charge per delay-period of eight milliseconds or more (kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents where the quantity $\frac{D}{W^b}$ is known as the scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagorized in three groups. Cubic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge Per delay Plots of peak particle velocity versus distoance were made on log-log coordinates. The data are grouped by test and P.P.V. The linear grouping of the data permits their representation by an equation of the form ; $V=K(\frac{D}{W^{\frac{1}{3}})^{-n}$ The value of K(41 or 124) and n(1.41 or 1.66) were determined for each set of data by the method of least squores. Statistical tests showed that a common slope, n, could be used for all data of a given components. Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom over loom distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m ------- under l00m ${\cdots\cdots\cdots}{\;}41(D/sqrt[2]{W})^{-1.41}{\;}{\cdots\cdots\cdots\cdots\cdots}{\;}A$ Over 100m ${\cdots\cdots\cdots\cdots\cdots}{\;}121(D/sqrt[3]{W})^{-1.66}{\;}{\cdots\cdots\cdots\cdots\cdots}{\;}B$ where ; V is peak particle velocity In cm / sec D is distance in m and W, maximLlm charge weight per day in kg K value on the above equation has to be more specified for further understaring about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.