• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.107-132
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• 2019

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.315-350
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• 2010

The rapid growth of Korea-China trade that was since the establishment of diplomatic relations in 1992, led China to surpass the United States and Japan to become Korea's largest trading partner in 2009. "The largest trade" also means "the most disputes", so it is essential to study on dispute settlement and enforcement system of the two. Therefore, in order to make the traders correctly understand and use the arbitration as a dispute settlement method in both China and Korea, this article makes a comparative study on arbitration system between the two countries. And finally, it analyzes the enforcement situation of arbitral award in China, then provides the author's personal recommendations as a countermeasure against the poor enforcement system in China.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.3-21
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• 2007

Arbitration is a private and contractual means of dispute resolution. As a creature of contract, any particular arbitration owes its existence-and attendant limitations-to an arbitral agreement. This means that, in practice, the parties select their own judges, forum, and rules. By agreeing to arbitration, parties hope to achieve several goals. And arbitration has proven to be quicker, cheaper, and more predictable than litigation as a means of resolving many types of claims. As a primary method of conflict resolution, it is now worthwhile to consider carefully any procedural mechanism designed to promote the central aims of this alternative to litigation. It is helpful to frame any particular analysis according to (1) the type of decision for which preclusive effect is sought (arbitral award or court judgment) and (2) the type of subsequent proceeding in which preclusion is sought (an arbitration or a litigation). Res judicata may well bar litigation of that claim between the parties, but non-parties (affiliates or individuals) will not benefit from this bar unless the arbitral tribunal makes findings sufficient to satisfy the elements of collateral estoppel. The final permutation to be considered involves an arbitral award's preclusive effect on a subsequent arbitration. Whether a prior court decision should preclude issues or claims in a subsequent arbitration presents the easiest case for analysis. It is the easiest primarily because there is generally little room to debate whether adequate procedures were followed in a litigation. That is, one can safely assume that the rules of evidence and the rules of civil procedure were followed and that formal records sufficiently memorialize both the proceeding itself and the ultimate decision. Procedural regularity is mentioned not necessarily because it is an analytic tool, but because so many jurists and scholars see it as an impediment to the application of preclusionary doctrines.

• The Journal of the Korea Contents Association
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• v.22 no.5
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• pp.48-56
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• 2022

The importance of data analysis in baseball has been increasing after the success of MLB's Oakland which applied Billy Beane's money ball theory, and the 2020 KBO winner NC Dinos. Various studies using data in baseball has been conducted not only in the United States but also in Korea, In particular, the models using deep learning and machine learning has been suggested. However, in the previous studies using deep learning and machine learning, the focus is only on predicting the win or loss of the game, and there is a limitation in that it is difficult to interpret the results of which factors have an important influence on the game. In this paper, to investigate which factors is important by position, the prediction model for the Golden Glove award which is given for the best player by position is developed. To develop the prediction model, XGBoost which is one of boosting method is used, which also provide the feature importance which can be used to interpret the factors for prediction results. From the analysis, the important factors by position are identified.

• Journal of the Institute of Electronics Engineers of Korea SD
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• v.47 no.5
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• pp.80-86
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• 2010

The conventional bus system architecture consists of masters, slaves, arbiter, decoder and so on in shared bus. As several masters can't use a bus concurrently, arbiter plays an role in arbitrating the bus. The efficiency of bus usage can be determined by the selection of arbitration method. Fixed Priority, Round-Robin, TDMA and Lottery arbitration policies are studied in the conventional arbitration method where the bus priority is primarily considered. In this paper, we propose the arbitration method that calculates the bus utilization of each master. Furthermore, we verify the performance compared with the other arbitration methods through TLM(Transaction Level Model). From the results of performance verification, the arbitration methods of Fixed Priority and Round-Robin can not set the bus utilization and those of TDMA and Lottery happen the error of 50% and 70% respectively compared with bus utilization set by user in more than 100,000 cycles. On the other hand, the bandwidth-award bus arbitration method remains the error of less than 1% since approximately 1000 cycles, compared with bus utilization set by user.

• Journal of the Korean Society for Computer Game
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• v.31 no.4
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• pp.137-144
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• 2018

In the past, mosaics were made by laying cloth on the floor and manually tiling the tiles. However, due to recent developments in technology, the data storage method has evolved from analog to digital, so that image representation and conversion can be realized through computer. Also, various expression techniques of mosaic are developed, and it is also used as a method of art representation in digital. There are various studies on the production process of mosaic. The proposed method is a crystallization mosaic that spreads spirally in real time and uses 3D quartz as a tile element. Although existing researches are mostly focused on the purpose of rendering images in more detail, this technique combines untried spiral drawing and crystallization, and attempts to explore new expression techniques in 3D space by attempting a new mosaic method in 3D space. 'Spiral Crystallization Photo', based on this technique, was selected as Top27 in MWU Award 18 and exhibited at Unite Seoul 2018.

• Journal of Korean Society for Quality Management
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• v.43 no.1
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• pp.11-30
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• 2015

Purpose: The purpose of this study is to lay groundwork for future research on the outcomes of national quality awards for secondary-care healthcare organizations. Methods: For this study, a secondary-care hospital was selected through a convenience sampling method and all of its organizational members participated in complete enumeration survey using 109 survey questions derived from the MBNQA criteria for healthcare through structural equation modeling (SEM) Results: As a result, Leadership was shown to drive Foundation and Direction, which affect System that creates Results with 12 hypotheses supported out of 18 hypotheses established. Conclusion: The findings of this study will provide valuable implications to the top management of secondary-care hospitals for self-examining quality management and promoting sustainable competitiveness.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 1995.04a
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• pp.827-844
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• 1995

Total Quality Management (TQM) is the aggregated management philosophy for quality including production, operation, human resource, leadership, marketing, and etc. TQM is the advanced concept and philosophy rather than traditional "Quality Control" or "Quality Assurance". Nowadays, downstream costs has been increased, that made cost accountants' attention to costs of quality. Many countries have developed their own quality awards system in order to improve overall national quality level. The Deming Prize of Japan and Malcolm Baldrige National Quality Award (MBNQA) of United States are two representatives of quality prizes. We compared the two awards by means of their history, objective, coverage, and judging criteria. Deming Prize has a longer history than MBNQA. Deming Prize selects five winners a year, while MBNQA has two or three areas. The biggest difference is judgement criteria. The Deming Prizes focuses on statistical control which is a traditional quality control method, while MBNQA concentrates on modem business concept such as customer satisfaction. The suggestions to these awards are: evaluate more on information of quality; evaluate more on inter-functional relationship between quality control function and other link more financial success.e financial success.

• Architectural research
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• v.16 no.2
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• pp.75-80
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• 2014

Risks, uncertainties, and associated cost overruns are critical problems for construction projects. Cost contingency is an important funding source for these unforeseen events and is included in the base estimate to help perform financially successful projects. In order to predict more accurate contingency, many empirical models using regression analysis and artificial neural network method have been proposed and showed its viability to minimize prediction errors. However, categorical factors on contingency cannot have been treated and thus considered in these empirical models since those models are able to treat only numerical factors. This paper identified potential factors on contingency in transportation construction projects and evaluated categorical factors using the one-way ANOVA statistical method. Among factors including project work type, delivery method type, contract agreement type, bid award type, letting type, and geographical location, two factors of project work type and contract agreement type were found to be statistically important on allocating cost contingency.