• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
• /
• v.19 no.1
• /
• pp.141-160
• /
• 2021

Unit 1 of the Kori Nuclear Power Plant (NPP) and Unit 1 of the Wolsong NPP are being prepared for decommissioning; their decommissioning is expected to generate large amounts of intermediate-level, low-level, and very low level Waste. Mixed waste containing both radioactive and hazardous substances is expected to be produced. Nevertheless, laws and regulations, such as the Korean Nuclear Safety Act and Waste Management Act, do not define clear regulatory guidelines for mixed waste. However, the United States has strictly enforced regulations on mixed waste, focusing on the human health and environmental effects of its hazardous components. The U.S. Nuclear Regulatory Commission and the U.S. Department of Energy regulate the radioactive components of mixed waste under the Atomic Energy Act. The U.S. Environmental Protection Agency regulates the hazardous waste component of mixed waste under the Resource Conservation and Recovery Act. In this study, the laws, regulations, and authorities pertaining to mixed waste in the United States are reviewed. Through comparison and analysis with waste management laws and regulations in Korea, a treatment direction for mixed waste is suggested. Such a treatment for mixed waste will increase the efficiency of managing mixed waste when decommissioning NPPs in the near future.

• Journal of the Daesoon Academy of Sciences
• /
• v.34
• /
• pp.203-238
• /
• 2020

This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

• Proceedings of the Safety Management and Science Conference
• /
• 2011.11a
• /
• pp.85-91
• /
• 2011

Safety in the nuclear facility has been a growing interest due to recent recurrences of the fatal accidents such as Fukushima accident and Chernobyl accident. It is not easy to determine the extent to what technical requirements of nuclear facility such as nuclear power plant are be likely applicable to the laboratory for use of nuclear material. All of workers in nuclear shall be recognized for the generic features of safety according to the related laws. This study surveys a status of safety control laws to enhance safety in laboratory for use of nuclear material.

• Journal of the Korean Society for Industrial and Applied Mathematics
• /
• v.19 no.3
• /
• pp.235-252
• /
• 2015

Optimal impact angle control guidance law and its variants for intercepting a maneuvering target are introduced in this paper. The linear quadratic(LQ) optimal control theory is reviewed first to setup framework of guidance law derivation, called the sweep method. As an example, the inversely weighted time-to-go energy optimal control problem to obtain the optimal impact angle control guidance law for a fixed target is solved via the sweep method. Since this optimal guidance law is not applicable for a moving target due to the angle mismatch at the impact instant, the law is modified to three different biased proportional navigation(PN) laws: the flight path angle control law, the line-of-sight(LOS) angle control law, and the relative flight path angle control law. Effectiveness of the guidance laws are verified via numerical simulations.

• International Commerce and Information Review
• /
• v.11 no.2
• /
• pp.233-257
• /
• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• Korea Trade Review
• /
• v.45 no.5
• /
• pp.117-139
• /
• 2020

In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

• Journal of Arbitration Studies
• /
• v.16 no.2
• /
• pp.51-88
• /
• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

• Journal of Arbitration Studies
• /
• v.16 no.2
• /
• pp.89-120
• /
• 2006

If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

• Journal of Arbitration Studies
• /
• v.25 no.2
• /
• pp.49-70
• /
• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• 제어로봇시스템학회:학술대회논문집
• /
• 1993.10a
• /
• pp.666-671
• /
• 1993

A new robust control law is proposed for uncertain rigid robots and two composite robust control laws for flexible-joint manipulators which contain uncertainties. The uncertainty, is nonlinear and (possibly fast) time-varying. Therefore, the uncertain factors such as imperfect modeling, function, payload change, and external disturbances are all addressed. Based only on the possible bound of the uncertainty, a robust controller is constructed for the rigid counterpart of the flexible-joint robot Some feedback control terms are then added to the robust control law to stabilize the elastic vibrations at the joints. To show that the proposed composite robust control laws are indeed applicable to flexible-joint robots, a singular perturbation approach and the stability study based on Lyapunov function are proposed.