• Journal of Arbitration Studies
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• v.13 no.2
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• pp.157-179
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• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Korean Security Journal
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• no.54
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• pp.9-35
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• 2018

During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

• The Transactions of the Korean Institute of Electrical Engineers
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• v.35 no.12
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• pp.573-578
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• 1986

The adaptive control of a plant in the presence of disturbance is considered. In sevral papers, it was shown that bounded disturbance made the basic adaptive scheme unstable. For achieving robust stability in adaptive control system in the presence of disturbance, the pureintegration in the adaptive law is limited by means of an additional feedback term. In this paper, the suggested adaptive control law has property that the output error converges to zero whether the disturbance exist or not, without the priori knowledge. The adaptive controller suggested assure the boundness of all signal in the overall system. Finally, computer simulation show the effectiveness of the suggested adaptive control law.

• Journal of Environmental Impact Assessment
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• v.2 no.2
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• pp.13-25
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• 1993

Environmental Impact Assessment (EIA) serves to identify a project's possible effects on the environment early enough sufficiently allowing for them to be taken into account in the decision-making process. The EIA in Germany is an instrument of environmental Policy which considers nature as an integrated system (ecosystem). In the german process of developing environmental policy, the EIA has been one of the instruments which introduced by law rather late. This means that the German Law of EIA has been made in 1900, 20 years after the beginning of the environmental policy in Germany. In the following paper I intend to ${\cdot}$ explain the basic concept of the EIA in Germany ${\cdot}$ describe the process of law building for EIA ${\cdot}$ give a short overview of applications and experiences with EIA ${\cdot}$ show the links between EIA and general environmental policy in Germany.

• Journal of Fisheries and Marine Sciences Education
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• v.27 no.1
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• pp.133-144
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• 2015

Recently, Korea shipping companies have been internally/externally difficult to manage their fleet due to the high price of bunker, wage and low cost of charterage and freight. To solve these problems, some shipping companies have tried to set up a new business regarding offshore plant supply vessel(OSV). Owing to the absence of big oil field near the Korea coast, OSV market has not been gradually progressing as far. This study intends to review the legal review of both international and municipal law for the OSV. Therefore I have provided basic legal information to the domestic shipping companies which have desired to enter the OSV's market and suggest legal revision harmoniously to identify the problem in the municipal law.

• Journal of Korean Society of Forest Science
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• v.8 no.1
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• pp.21-26
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• 1968

Chapter 1 in Article 2 of forest law defines the definition of forest. but its meaning is so wide that it itself containg a lot of contradiction in it. And it lose legal adaptation which gives a lot of hindrance with criminal investigation. Furthermore, it has made extension of ferming lands, and promotion of livestocks which are most important matter to be solved in Korea retarded. Such an act made us bewildered to adapt concerned laws being applied to out law. This is to form a basic principal and define its correction. It is required that forestry of Korea should be utilized valuable and reserve forest region instead of definition totally, and the purpose of reforestation should be clear. In addition to above, it is required to define what forestry is, in the direction of reconstructing forestry better in Korea.

• Journal of the Korean Society for Precision Engineering
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• v.13 no.2
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• pp.94-101
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• 1996

The equations of motion for a basic industrial robotic system which has a rigid or a flexible arm are derived by Lagrange's equation, respectively. Especially, for the deflection of the flexible arm, the assumed mode method is employed. These equations are highly nonlinear equations with nonlinear coupling between the variables of motion. In order to design the control law for the rigid-arm robot, Hunt-Su's nonlinear transformation method and Marino's feedback equivalence condition are used with linear quadratic regulator(LQR) theory. The control law for the rigid-arm robot is employed to input the desired path and to provide the required nonlinear transformations for the flexible-arm robot to follow. By using the implicit Euler method to solve the nonlinear equations, the comparison of the motions between the flexible and the rigid robots and the effect of flexibility are examined.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.153-179
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• 2003

Deregulation is not a matter or problem to be resolved simply by revising a law or a system in a short period of time. Rather, it should be implemented at a steady pace on the basis of a full understanding of the relationships between government regulation and the government's role, taking into account the inherent functions of the market. Moreover, arguments about government regulation and its deregulation vary according to viewpoints and approaches on the part of parties concerned. This makes it more difficult to form a consensus or reach a conclusion in recognizing and resolving the basis of problems at issue. This paper aims to review the shipping industry deregulation of major countries, to analyze Korea's situation and problems of shipping regulation, and to suggest it's improving methods. Although government regulation is a sensitive policy issue, this paper remains relatively at the basic research. Regulation problems should be tackled by interdisciplinary approach. A specific approach in regulation study could not explain exactly the causes and results of government policy

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.83-112
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• 2003

This study primarily concerns the Sale and Supply of Goods to Consumers Regulations 2002, focusing on the newly amended rules of the Sale of Goods Act(1979). It describes and analyzes the provisions of Regulations 2002 in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It also attempts to compare the rules of Regulations 2002 with those of CISG and to evaluate them in light of the discipline of Law and Economics the basic question of which is whether a solution from one jurisdiction may enhence 'efficiency', serving the goal of reducing negotiation costs through providing a set of default terms, and through imposing an efficient solution which may assist value maximizing exchange where disputes arise.