• Ocean and Polar Research
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• 제29권3호
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• pp.245-262
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• 2007

On 25 December 2000, China and Vietnam signed the Agreement on the Delimitation of the Territorial Seas, EEZs and Continental Shelves in the Tonkin Gulf. Three and a half years after signature, in June 2004, China and Vietnam both ratified a maritime boundary agreement for the Tonkin Gulf (Beibu Gulf) and the agreement entered into force. A potentially complicating factor in the negotiation process was likely to have been the status of the Sino-French Agreement of 1887. In the end, the agreement reached indicated that even if the status of the Sino-French Agreement of 1887 was part of the negotiations, both sides eventually agreed that it would not have an impact on the delimitation of maritime zones in the Gulf of Tonkin. Another crucial issue was the impact of the islands, in particular, the Vietnamese controlled Bach Long Vi Island and Con Co Island. Especially, Bach Long Vi Island was entitled to a half suite of maritime zones (3n.m. EEZ) and would impact the tracing of a line of equidistance in the Gulf of Tonkin. Minor as the point might be, Con Co Island also would have an impact for it would play a fixing terminal point for the boundary. Article 7 of the agreement is about minerals and hydrocarbons of cross-boundary deposit, and if any single geophysical structure of oil and gas or other mineral deposits should straddle the demarcation line, an agreement is to be reached on the development of the structure or deposit and on the most effective manner to equally share the profits resulting from the development.

• 수산경영론집
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• 제31권2호
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• pp.67-91
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• 2000

Fisheries Agreements among Korea, China, and Japan, for the effective management of fisheries resources and protection of fisheries disputes, have been processed in a manner to conclude interim arrangements those are effective prior to the final demarcation of the maritime delimitation which often requires much time to settle among the relevant states, Based on this understanding, Korea, China, and Japan, had proceeded their mutual fisheries agreement ; and, two fisheries agreements, between Korea-Japan and China-Japan, have already entered into force on 22 January 1999 and on 1 June 2000, respectively. Lastly fisheries negotiation between Korea and China has been concluded in order to make it effective on 30 June 2001. As Korean fisheries have already experienced the impacts after the entry into force of Korea-Japan Fisheries Agreement, it is inevitable that the likewise will also be true for the Korea-china Fisheries Agreement. The results of fisheries negotiation should minimize the loss by ensuring Korean flagged vessels' fishing rights to the maximum level in the counterpart's waters, and to maximize our counterpart's loss by restricting its vessels' fishing rights to the minimum level in our waters. However, such goals are almost unreachable in an intergovernmental negotiation. On this ground, regardless of the results, the negotiation is highly criticized from all the interested realms of the society. First, this study reviews the negotiation process ana subject matters of the fisheries agreement, and then evaluates the disputed items issued by academic, political, and industry areas in an international law and fisheries perspective. After the entry into farce of fisheries agreement, various activities should be accommodated as future tasks, such as the adjustments of the domestic fisheries structure, the reorganization of the resource management based fisheries structure, the construction of EEz large surveillance system, and the construction of the multilateral fisheries cooperation system Through an earlier implementation of those tasks, the Korean fisheries will be better prepared in minimizing the predicted impacts once the Korea-China Fisheries Agreement becomes effective.

• International Journal of Computer Science & Network Security
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• 제22권10호
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• pp.155-164
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• 2022

The review of known decisions showed that currently there are no systems and technologies for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper models the decision-making support process on the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which is the theoretical basis for the development of rules, methods and system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper also developed the system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which automatically and free determines the possibility or impossibility of concluding the corresponding civil law agreement for the provision of a corresponding medical service. In the case of formation of a conclusion about the possibility of concluding the agreement, further conclusion and signing of the corresponding agreement takes place. In the case of forming a conclusion about the impossibility of concluding the agreement, a request is made for finalizing the relevant agreement for the provision of the relevant medical service, indicating the reasons for the impossibility of concluding the agreement - missing essential conditions in the agreement. After finalization, the agreement can be analyzed again by the developed system for supporting the decision.

• 대한설비공학회지:설비저널
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• 제7권2호
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• pp.80-86
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• 1978

The distribution of temperature obtained by the solution of Schumann equation and that of experimentally obtained on tile cooling process of packed bed of citrus unshu show a good agreement, and the maximum deviation is only $1-2^{\circ}C$. The agreement means that it is possible to apply the Schumann model to the cooling process of packed bed of citrus unshu. In considering respiration heat, the numberical result by the solution of the equation is that in case of the velocity of gas $(3^{\circ}C)$ is above 1m/sec, becomes below 0.01 and effect of respiration heat is negligible and in case of below 1m/sec the velocity of gas $(3^{\circ}C)$ is above 0.01 and the effect of respiration heat must be consideied. We Present the Practically easily applicable figure of cooling characteristic line on the both . cases of short term cooling Process and long time storage of citrus unshu.

• 한국중재학회지:중재연구
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• 제26권1호
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• pp.3-27
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• 2016

There is a need for disputes in sports to be settled by arbitration rather than a court ruling, taking the unique characteristics of sports into consideration. Arbitration is a form of alternative dispute resolution (ADR). A dispute resolution system is regarded as: an arbitrator is selected by the agreement between the parties, and a binding decision is made, which the parties obey, consequently resulting in a final resolution. To resolve a dispute upon arbitration, there must be an arbitration agreement upon the free will of the parties. In relation to the arbitration agreement, however, there are some cases in which sports organizations have an arbitration clause in the articles of association, regulations or player registration application that call for settling disputes by arbitration. In such cases, the validity of the arbitration agreement may create doubt whether or not this sort of arbitration has been made by mutual agreement. Consequently this is required to be legally examined. The activities of a sports organization are recognized as part of private autonomy, and they include even the rights that establish regulations or rules. Nonetheless, the powers that such sport organizations are able to establish are not allowed without limit. However, sports activities and autonomy shall be protected as themselves. Therefore, if we give priority to arbitration upon the independent arbitrator and fair process by establishing an independent arbitral organization in charge of sports disputes to handle the effective resolution of disputes and protect sports autonomy and ask for a court decision if one party disobeys the arbitration, or the sports arbitration prepositive principle, it seems helpful to resolve the unfairness of compulsory jurisdiction and the clause for sports arbitration and protect the player's right of choice and of claims for trial.

• Clinics in Shoulder and Elbow
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• 제25권1호
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• pp.49-56
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• 2022

Background: The treatment approach for proximal humeral fractures is determined by various factors, including patient age, sex, dominant arm, fracture pattern, presence of osteoporosis, preexisting arthritis, rotator cuff status, and medical comorbidities. However, there is a lack of consensus in the literature regarding the optimal treatment for displaced proximal humeral fractures. This study aimed to assess and quantify the decision-making process for either conservative or surgical treatment and the choice of surgical method among shoulder surgeons when treating proximal humeral fractures. Methods: Forty sets of true anteroposterior view, scapular Y projection view, and three-dimensional computed tomography of proximal humeral fractures were provided to 12 shoulder surgeons along with clinical information. Surveys regarding Neer classification, decisions between conservative and surgical treatments, and chosen methods were conducted twice with an interval of 2 months. The factors affecting the treatment plans were also assessed. Results: The inter-rater agreement was fair for Neer classification (kappa=0.395), moderate for the decision between conservative and surgical treatments (kappa=0.528), and substantial for the chosen method of surgical treatment (kappa=0.740). The percentage of agreement was 71.1% for Neer classification, 84.6% for the decision between conservative and surgical treatment, and 96.4% for the chosen method of surgical treatment. The fracture pattern was the most crucial factor in deciding between conservative and surgical treatments, followed by age and physical activity. Conclusions: The decision between conservative and surgical treatment for proximal humeral fractures showed good agreement, while the chosen method between osteosynthesis and arthroplasty showed substantial agreement among shoulder surgeons.

• 비교교육연구
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• 제28권3호
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• pp.23-47
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• 2018

본 연구는 한국과 러시아 상호 간의 학위인정제도에 대한 이해를 높이고 관련 쟁점에 대한 논의를 통하여 향후 학위인정협정 체결 시에 도움을 줄 수 있는 방안을 마련하고자 수행되었다. 이를 위하여 한국과 러시아에서 양국의 학위인정 방식을 살펴보고 양국의 국가 간 학위 상호인정 현황을 분석하였으며, 마지막으로 한-러 학위인정 협정 논의 과정에서 나타나는 쟁점과 이에 대한 개선방안을 제시하였다. 학위인정 협약 논의에 있어서 쟁점은 첫째, 협약의 수준(명칭)을 정부간 협정(agreement)으로 할 것인가 기관 간 약정(arrangement)을 할 것인가, 둘째, 협정문에서 제시되고 있는 자격이 구체적으로 의미하는 바와 그 범위는 무엇인가, 셋째, 상호 학위인정 적용의 보편성 문제와 관련하여, 협정 체결시 동 협정이 모든 러시아의 연방주체들에게도 보편적으로 적용될 수 있는가 하는 것이었다. 본 연구에서는 포괄적이고 일반적 수준에서 학위 상호인정협정을 체결하고, 동 협정에서 자격은 학문적 자격으로 한정하도록 하며, 상호협정 체결시의 보편성을 명문화해야 한다는 방안을 제시하였다. 본 연구 결과를 바탕으로 한-러 학위상호인정협정 체결과 실행 과정의 체계화를 마련하는 것과 실제 협정체결과 체결 후의 후속조치를 위해서는 양국 전문가들과 정부 담당자들 간의 정기적 지속적 논의의 필요성을 제안하였다.

• Journal of Korean Vacuum Science & Technology
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• 제3권1호
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• pp.1-9
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• 1999

This paper presents a newly enhanced damage model in Monte Carlo (MC) simulation for the accurate prediction of 3-Dimensional (3D) as-implanted impurity and point defect profiles induced by ion implantation in (100) crystal silicon. An empirical electronic energy loss model for B, BF2, As, P and Si self implant over the wide energy range has been proposed for the ULSI device technology and development. Our model shows very good agreement with the SIMS data over the wide energy range. In the damage accumulation, we considered the self-annealing effects by introducing our proposed non-linear recomvination probability function of each point defect for the computational efficiency. For the damage profiles, we compared the published RBS/channeling data with our results of phosphorus implants. Our damage model shows very reasonable agreement with the experiments for phosphorus implants.

• 아태비즈니스연구
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• 제14권4호
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• pp.401-412
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• 2023

Purpose - The purpose of this study is to analyze cases and suggest implications regarding the exclusion of the agreement tax rate according to the processing process standards of the FTA rules of origin. Design/methodology/approach - In this study, cases in which export and import companies were excluded from applying the agreed tax rate due to the application of processing operation standards after the application of the FTA were analyzed, focusing on the Tax Tribunal precedents, and a literature study was conducted. Findings - The results of this study analyzed through cases of appeal and verification of exclusion from application of the agreement are as follows. Research implications or Originality - Research on FTA cases is active, but this study is differentiated in that it focuses on analyzing cases of exclusion from application of negotiated tax rates based on meeting the processing process standards applied to fields such as textiles and chemicals in FTA.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.