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Introduction of Human Rights Arguments in ISDS Proceeding (ISDS 절차에서의 인권의 권리 주장)

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.85-114
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    • 2022
  • When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

A Study on Radio Wave Resource Management and Industrial Technology Revitalization in The Medical and Energy Fields (의료 및 에너지 분야 전파 자원 관리 및 산업 기술 활성화 방안에 대한 연구)

  • Yoon, Sang-Ok;Seok, Gyeong-Hyu
    • The Journal of the Korea institute of electronic communication sciences
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    • v.17 no.4
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    • pp.543-554
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    • 2022
  • In this study, the government's investment, laws, regulations, and difficulties related to IoT radio technology in the energy and medical fields are mainly analyzed. Also, plans for dissemination, technology preemption, and commercialization are derived to enhance global competitiveness. Research on ways to secure and predict radio wave application technologies in energy and medical fields, and to alleviate barriers to entry for new business operators. Analyzes the efficiency of support measures using expert groups in each energy and medical field, analyzes the utilization value of accumulated data, and proposes mid- to long-term promotion systems and support measures, as well as utilization measures of data held by external agencies related to radio waves.

A Study on the Dual Control Platform for Drone Field Training (드론 교육현장 이중화 제어 플랫폼 연구)

  • Ryu, Ukjae;Kim, Yanghoon
    • Journal of Platform Technology
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    • v.10 no.2
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    • pp.20-26
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    • 2022
  • Interest and investment in drones that apply the concept of the 4th industrial revolution and ICT convergence advanced technology are continuing. The purpose of drone operation has been widely spread from the initial military use to the use of various industries such as construction, forestry, facilities, and agricultural support. In these industries, the training of pilots who can actually operate drones is increasing centering on the qualification system. However, the detailed standards including the training place, training place, educational environment, and education method for nurturing pilots are ambiguous, so the education through the oral instruction of the training instructor is continuing at the drone training site. In order to solve this problem, this study conducted a study on a dual control platform in which a training instructor could directly intervene in the pilot's flying drone to execute a map in order to improve the quality of synesthesia, which is essential in the field.

A Content Analysis on the Biomedical cluster: Focusing on the case of HongReung Digital Healthcare InnoTown (바이오·의료 클러스터 조성 및 활성화 방안에 대한 내용분석 연구: 홍릉 디지털 헬스케어 강소특구 사례를 중심으로)

  • Park, Kyuhong;Kim, Taehyung;Park, Yeonsoo;Song, Changhyeon
    • Journal of Digital Convergence
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    • v.20 no.5
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    • pp.761-776
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    • 2022
  • For fostering the biomedical industry, the formation of a high-tech-based innovation cluster is continuously being promoted. Accordingly, studies dealing with domestic clusters are being conducted based on case studies on major overseas clusters, but they are limited to a single case. In this paper, content analysis was used based on the literature about innovation clusters and bio-medical industry to comprehensively summarize the factors to be considered for the creation and activation of bio-medical clusters. Subsequently, the factors derived through content analysis were applied to the case of the Hongreung Innotown. The requirements for the successful creation of the Hongreung Innotown, it is required to improve settlement conditions, prepare systems to create start-up culture, and revitalize translational research, attract investment, and cooperate and connect with local clusters.

Analysis of Regulatory Coherence in the TPP (TPP 협정의 규제일관성 내용 분석)

  • Yang Jun-sok
    • Korea Trade Review
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    • v.41 no.1
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    • pp.187-213
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    • 2016
  • Trans-Pacific Partnership Agreement and Trans-Atlantic Trade and Partnership Agreement introduce "regulatory coherence." Regulatory coherence refers to "the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment, economic growth and employment." This paper traces ideas dealing with regulatory reform and regulatory transparency as discussed in OECD, APEC and selected WTO agreements, examines the text of the regulatory coherence chapter of TPP and TTIP, then examines the regulatory reform system of Korea to see whether Korea satisfies the conditions set forth in the regulatory coherence chapter of TPP. The paper concludes that the Korean regulatory reform system mostly satisfies the requirements of the TPP chapter on regulatory coherence, but some additional procedural reforms are needed for laws proposed by National Assemblymen, and regional laws proposed by regional governments. Finally, the paper notes that the Korean government has been mis-translating regulatory coherence as regulatory convergence, which is a separate idea, and the government should correct its error as soon as possible.

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Analysis on the Demands for HACCP System at Meat Retailors - Based on HACCP-certified and Non-certified in Seoul and Gyeonggi Province, Korea - (식육판매업소 종사자의 축산물 HACCP 제도 요구도 분석 - 서울 및 경기지역의 HACCP 지정업소와 미지정업소를 중심으로 -)

  • Lee, Joo-Yeon;Suk, Hee-Jin;Paik, Jin-Kyoung;Hwang, Hye-Sun;Park, Dae-Seob;Paik, Hyun-Dong;Hong, Wan-Soo
    • Food Science of Animal Resources
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    • v.32 no.3
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    • pp.330-338
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    • 2012
  • HACCP is a preventative food safety management system whose application is highly encouraged worldwide. In this study, the workers' demands for the application of HACCP system at the meat retail shops were surveyed. According to a factor analysis on the demands of the application of HACCP system, the results could be classified into three factors: HACCP support, HACCP promotion and education, and generic livestock product safety management. Items on demands showed higher results for HACCP support (3.91 point) than for HACCP promotion and education (3.83 point) or generic livestock product safety management (3.72 point). The application of HACCP system was more demanded by HACCPcertified retailors with 4.11 point than the non-HACCP-certified ones (3.57 point). From the analysis of items on demands, 'governmental promotion of the general public livestock HACCP; (p<0.001) was the highest demand item by the HACCPcertified retailors and 'HACCP certification support for the government's investment' by the non-HACCP-certified ones (p<0.05). The strengthening of governmental support for the application of HACCP at meat retail shops as well as active HACCP promotion and education aiming at general public was demanded. With this, the establishment of HACCP system and the improvement of safety management level at the area of meat retail shops could be achieved, contributing to the increase of consumers' satisfaction.

Industrial Policy as a Development Strategy: Cuba' s Experience and Policy Implications (개발전략으로서 산업정책: 쿠바의 경험과 정책적 시사점)

  • Cin, Beom Cheol
    • International Area Studies Review
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    • v.22 no.3
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    • pp.3-27
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    • 2018
  • This paper analyzes Cuba's market-oriented reforms to alleviate essential problems with socialist countries such as soft budget constraints and incentive problems. It also discuss about effectiveness of industrial policy as a development strategy. The soft budget constraints and incentive problems resulted in the collapse of Soviet bloc and COMECON in early 1990s. After the collapse, Cuban economy suffered a steep dive, and national income tumbling down rapidly. Cuban faced serious shortages of food, gasoline, and other basic necessities of life. To halt and partially reverse economic downturn and dire austerity in the 1990's, the Cuban government made some partial reforms to the inherited Soviet system of cental planningand faced severe shortage in food, energy, and daily necessities. In response to the economic crisis. Cuba introduced economic reforms and implemented industrial policy as a development strategy as long as Cuba maintained a strong socialist country. Cuban government established the economic free zone law and attempted to induce foreign direct investment by implementing export-led industrial policy. Fiedel Castro approved the Law No. 165 "Free Zones and Industrial Parks", in 1996. However, Cuba's ESZ strategy seems to have failed because of the U.S. sanctions, but also because of Cuba's own policies, which do not allow foreign investors to hire workers directly and impose a high implicit tax on wages. By limiting advanced techniques of personnel and organization management, indirect employment can result in lowering work efforts and productivity of workers, and aggravating production efficiency in the ESZs. Another reason to fail comes from the double wage structure due to the double monetary-exchange rate system. Most of the high non-wage costs result from the double exchange rate system. Due to Cuba's imbalanced industry and production structures, concentrated labor force, and urbanization and centralization of agriculture production, the industrial transformation development model suggested by Lewis has not been successful unlike other Asian agriculture-led development model. Cuba has to overcome many difficulties in implementing industrial policy as a development strategy.

Scale and Scope Economies and Prospect for the Korea's Banking Industry (우리나라 은행산업(銀行産業)의 효율성분석(效率性分析)과 제도개선방안(制度改善方案))

  • Jwa, Sung-hee
    • KDI Journal of Economic Policy
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    • v.14 no.2
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    • pp.109-153
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    • 1992
  • This paper estimates a translog cost function for the Korea's banking industry and derives various implications on the prospect for the Korean banking structure in the future based on the estimated efficiency indicators for the banking sector. The Korean banking industry is permitted to operate trust business to the full extent and the security business to a limited extent, while it is formally subjected to the strict, specialized banking system. Security underwriting and investment businesses are allowed in a very limited extent only for stocks and bonds of maturity longer than three year and only up to 100 percent of the bank paid-in capital. Until the end of 1991, the ceiling was only up to 25 percent of the total balance of the demand deposits. However, they are prohibited from the security brokerage business. While the in-house integration of security businesses with the traditional business of deposit and commercial lending is restrictively regulated as such, Korean banks can enter the security business by establishing subsidiaries in the industry. This paper, therefore, estimates the efficiency indicators as well as the cost functions, identifying the in-house integrated trust business and security investment business as important banking activities, for various cases where both the production and the intermediation function approaches in modelling the financial intermediaries are separately applied, and the banking businesses of deposit, lending and security investment as one group and the trust businesses as another group are separately and integrally analyzed. The estimation results of the efficiency indicators for various cases are summarized in Table 1 and Table 2. First, security businesses exhibit economies of scale but also economies of scope with traditional banking activities, which implies that in-house integration of the banking and security businesses may not be a nonoptimal banking structure. Therefore, this result further implies that the transformation of Korea's banking system from the current, specialized system to the universal banking system will not impede the improvement of the banking industry's efficiency. Second, the lending businesses turn out to be subjected to diseconomies of scale, while exhibiting unclear evidence for economies of scope. In sum, it implies potential efficiency gain of the continued in-house integration of the lending activity. Third, the continued integration of the trust businesses seems to contribute to improving the efficiency of the banking businesses, since the trust businesses exhibit economies of scope. Fourth, deposit services and fee-based activities, such as foreign exchange and credit card businesses, exhibit economies of scale but constant returns to scope, which implies, the possibility of separating those businesses from other banking and trust activities. The recent trend of the credit card business being operated separately from other banking activities by an independent identity in Korea as well as in the global banking market seems to be consistent with this finding. Then, how can the possibility of separating deposit services from the remaining activities be interpreted? If one insists a strict definition of commercial banking that is confined to deposit and commercial lending activities, separating the deposit service will suggest a resolution or a disappearance of banking, itself. Recently, however, there has been a suggestion that separating banks' deposit and lending activities by allowing a depository institution which specialize in deposit taking and investing deposit fund only in the safest securities such as government securities to administer the deposit activity will alleviate the risk of a bank run. This method, in turn, will help improve the safety of the payment system (Robert E. Litan, What should Banks Do? Washington, D.C., The Brookings Institution, 1987). In this context, the possibility of separating the deposit activity will imply that a new type of depository institution will arise naturally without contradicting the efficiency of the banking businesses, as the size of the banking market grows in the future. Moreover, it is also interesting to see additional evidences confirming this statement that deposit taking and security business are cost complementarity but deposit taking and lending businesses are cost substitute (see Table 2 for cost complementarity relationship in Korea's banking industry). Finally, it has been observed that the Korea's banking industry is lacking in the characteristics of natural monopoly. Therefore, it may not be optimal to encourage the merger and acquisition in the banking industry only for the purpose of improving the efficiency.

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Analyzing Topic Trends and the Relationship between Changes in Public Opinion and Stock Price based on Sentiment of Discourse in Different Industry Fields using Comments of Naver News (네이버 뉴스 댓글을 이용한 산업 분야별 담론의 감성에 기반한 주제 트렌드 및 여론의 변화와 주가 흐름의 연관성 분석)

  • Oh, Chanhee;Kim, Kyuli;Zhu, Yongjun
    • Journal of the Korean Society for information Management
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    • v.39 no.1
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    • pp.257-280
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    • 2022
  • In this study, we analyzed comments on news articles of representative companies of the three industries (i.e., semiconductor, secondary battery, and bio industries) that had been listed as national strategic technology projects of South Korea to identify public opinions towards them. In addition, we analyzed the relationship between changes in public opinion and stock price. 'Samsung Electronics' and 'SK Hynix' in the semiconductor industry, 'Samsung SDI' and 'LG Chem' in the secondary battery industry, and 'Samsung Biologics' and 'Celltrion' in the bio-industry were selected as the representative companies and 47,452 comments of news articles about the companies that had been published from January 1, 2020, to December 31, 2020, were collected from Naver News. The comments were grouped into positive, neutral, and negative emotions, and the dynamic topics of comments over time in each group were analyzed to identify the trends of public opinion in each industry. As a result, in the case of the semiconductor industry, investment, COVID-19 related issues, trust in large companies such as Samsung Electronics, and mention of the damage caused by changes in government policy were the topics. In the case of secondary battery industries, references to investment, battery, and corporate issues were the topics. In the case of bio-industries, references to investment, COVID-19 related issues, and corporate issues were the topics. Next, to understand whether the sentiment of the comments is related to the actual stock price, for each company, the changes in the stock price and the sentiment values of the comments were compared and analyzed using visual analytics. As a result, we found a clear relationship between the changes in the sentiment value of public opinion and the stock price through the similar patterns shown in the change graphs. This study analyzed comments on news articles that are highly related to stock price, identified changes in public opinion trends in the COVID-19 era, and provided objective feedback to government agencies' policymaking.

Limits to the Institutional Formation and Operation for the Network City : A Case Study of Daegu-Gyeongbuk Free Economic Zone (네트워크 도시의 제도적 구성과 운영의 한계 - 대구경북경제자유구역을 사례로 -)

  • Jung, Sung-Hoon;Jung, Hye-Yoon
    • Journal of the Korean association of regional geographers
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    • v.21 no.3
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    • pp.461-473
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    • 2015
  • The aim of this paper is to explore limits to the institutional formation and operation for network city as a case study of Daegu-Gyeongbuk Free Economic Zone (DGFEZ) in the introductory context. The legal and institutional framework of FEZ in Korea can be characterized by multi-dimensional, vertical or horizontal governance. However, in terms of its implementation process of DGFEZ, the density of the public-private network becomes relatively week, and consequently, the level of participation by local people was not institutionalized in a more collaborative way. With respect to the network city for DGFEZ, while at the initial stage its plan was highly focused upon the conceptual framework of the city, the process of its implementation was based upon a polarization strategy of individual unit and a performance-oriented type. Other evidence for it is that administrative organization in DGFEZ changed from development-based throughout investment attraction-focused up to region-based department. Therefore, there are limits to the institutional formation and operation for the network city in the context of DGFEZ.

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