• 제목/요약/키워드: Choice of the law

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중국에서의 상사중재판정 집행에 관한 동향과 제도개선 연구 : 외국투자자 관점을 중심으로 (The Current Status and New Regulatory Arrangements of the Enforcement of Commercial Arbitration Awards in China from the Foreign Investor's Perspective)

  • 정용균
    • 한국중재학회지:중재연구
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    • 제20권1호
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    • pp.133-167
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    • 2010
  • The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

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한방 의료기관의 의료기기 보유현황 및 한방의료기기의 문제점과 개선방안에 대한 조사 연구 (Survey of Traditional Korean Medical Device : Number of devices, Problems, Solution Plan)

  • 김지혜;김재욱;김근호
    • 동의생리병리학회지
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    • 제28권4호
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    • pp.430-439
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    • 2014
  • This study was performed to assess the perception and needs of the traditional Korean Medical Equipment (KME) in clinic. We conducted survey research among 15,550 traditional Korean medical doctors (KMD) responded to e-mail during 2 weeks. 899 participants the survey, consisting of questions regarding 'number of devices of the KME' and 'solution and improvement plan of the KME'. The participants were asked to choose their ranking of problems of the KME and also put a check mark in the column that the reasons for this choice. As results, final scores in priority ranking medical devices were derived in 7 categories. Physical therapy equipment and acupuncture treatment devices were included in high ranks. 42.8 % of the participants responded that the diagnostic medical devices seemed important in clinics and 67.4 % of the participants indicated that the therapeutic medical devices seemed to important in clinics. The identified problems of KME were 'low reproducibility and reliability of a diagnosis result (24.8%)' and 'uncertain validity of a diagnostic medical devices (20.5%)'. The improvement plan of the problems were 'to establish the law for using the medical devices (26.6%)' and 'evaluation of validity of the KME (26.2%)'. A survey of KMD revealed the condition of KME's number of devices and the solution plan for the problem of several KMEs. Understanding the needs of KMD could probably contribute to the research and development of KMEs in the future.

스마트폰 유통환경과 소비자 행동에 관한 연구 (A Study on the Distribution Environment and Consumer Behavior of Smartphone)

  • 김민수
    • 유통과학연구
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    • 제16권4호
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    • pp.67-74
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    • 2018
  • Purpose - Most of the amendments to the law on the improvement of the distribution structure of mobile communication terminal equipment, the fully self-sufficient system of terminals, and the separated disclosure system on the terminals are aimed at securing transparency of the distribution structure by eliminating or reducing handset subsidies. This study investigates what items are important for the purchase of mobile phones in various and rapidly changing mobile phone markets from the consumer's point of view and tries to make a strategic suggestion for future mobile distribution strategies. Research design, data, and methodology - The procedure of this study takes place in four steps. In step 1, only the SF type respondents selected for this study were extracted through MBTI analysis. In step 2, they were divided into three hierarchies for the AHP analysis and each element was arranged. In step 3, the AHP analysis was converted to a Fuzzy-AHP number using the trigonometric centroid method. This was to eliminate the ambiguity of the response by converting into a fuzzy number even if data consistency was maintained with CI value below 0.1. In step 4, the number of converted 2-layer and 3-layer was combined to derive the priority when the final handset is selected. Results - First, the highest importance among the four items in the second tier was the terminal function item, followed by brand, price, and design item. Second, in the third tier, the highest importance was level of after-sales service, followed by device price, processing speed, ease of use, usefulness, and rate system. Third, the arithmetic average of the determinant of the fuzzy function showed that processing speed, ease of use and usefulness in the function item, level of after-sales service in the brand item, and device price in the price item were the five most important factors among 16 choice factors. Conclusions - First, there will be a change in the consumption patterns of consumers who have compared distributors and dealers to purchase handsets with more subsidies. Second, it is highly likely that people will purchase new handsets only when they need to change their devices because they can not receive subsidies by switching phone brands any more.

결혼이민자 주부의 이유식에 대한 지식 및 인지도 조사 (A Study on the Knowledge of Immigrant Housewives on Infant Weaning)

  • 민경애;강정민;정희선
    • 한국식생활문화학회지
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    • 제26권1호
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    • pp.17-29
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    • 2011
  • As the public is already aware, baby food has a significant effect on a baby's physical and mental health. It is also very important because choice of baby food forms proper eating habits, which will affect health in the future. In particular, recognition of appropriate baby food by the mother or the primary care provider is even more important. Although many studies have been conducted on this matter for domestic housewives, no studies have been conducted on married immigrant housewives whose numbers are increasing every year. A survey was conducted on the recognition and current situation of baby food preparation by mothers living in Gangwon Province with children 6 to 36-months-old. The purpose of the study was to research the level of understanding of baby food by immigrant housewives given that they were raised in different environments with different eating habits and child raising norms. And additional purpose was to provide proper educational material and direction for choosing appropriate baby food. The results showed significant differences depending on the nationality and age of the mother. Moreover, the results showed an insufficient understanding of baby food but a high desire for education, as mothers did not receive enough support from society. Therefore, necessary education should be provided systematically after mothers fully learn to communicate in Korean. These mothers need continuous attention and support, so they can settle in this country as wives, daughters-in-law, and mothers. Moreover, the needed professional education should be provided so that the mothers can learn traditional Korean eating habits and understand differences in the culture and environment between countries. As the selection of baby food forms the basis of future eating habits and the foundation for good health, proper education should be available to establish healthy intercultural families.

한.미 FTA 체결에 따른 저축은행의 성장전략 모색 (Groping for Growth Strategy of Savings Bank as a result of signing the Korea-U.S. FTA)

  • 이현식
    • 통상정보연구
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    • 제10권3호
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    • pp.265-290
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    • 2008
  • Domestic industries are facing the open era as a result of signing the Korea-U.S. FTA with no exception to the financial industry. The FFA between two countries is expected to produce pros and cons for domestic financial industry. Therefore, it is very important to minimize the shock caused by opening our financial market and to adopt the advanced financial tools actively. Signing the Korea-U.S. FTA and enforcing the Integration Law of Capital Market are leading a big crisis to the Savings Banks which have been shrinking under the dramatically changing domestic financial environment since the financial crisis. To cope with financial globalization, Korean Savings Banks are demanded to build up their concrete identity and reposition their status. This is related to shaping the long-term position of domestic financial industry. Therefore, the Savings Banks must take the growth strategy for their survival, and it is an inescapable choice. Several options are available: big scale operation and diversification of business functions, reinforcement of local-focused mediating function of funds, establishment of strategic alliance with other financial firms, reinforcement of risk management system and core competence, nourishment and employment of professional manpower, and active deregulation and policy support. When the Savings Banks are refurbished as an independent local bank performing the central role of local finance, the bright future can be their destiny under the enormously changing global financial environment. Also, two more conditions need to be satisfied: to establish horizontal networks among local banks directed by cooperative Korea Federation of Savings Banks to reverse the weak scale position, and to satisfy their own peculiar niche market with internal countermeasure to face global financial networks.

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중국, 홍콩, 마카오, 대만 상호 간 중재판정 국적결정 기준에 관한 연구 (A Study on Nationality Criteria for Arbitral Awards between China, Hong Kong, Macao and Taiwan)

  • 하현수
    • 한국중재학회지:중재연구
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    • 제29권4호
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    • pp.121-140
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    • 2019
  • China, Hong Kong, Macao, and Taiwan have a singular political relationship. This distinctive relationship creates a unique impact on the nationality of the arbitral awards among the said countries. Each of these regions does not adopt the arbitral award of the other party as either a foreign arbitration award or a domestic arbitration award, but separately adopts the arbitral award in different jurisdictions within the same country. Therefore, in order to approve and enforce their arbitral awards in other areas, they have no choice to apply special laws or the conventions concluded between them, neither the New York Convention nor the individual arbitration laws in those areas. Therefore, this paper reviewed the convention and self-established laws among China, Hong Kong, Macao, and Taiwan regarding the approval and execution of the other arbitral awards. In addition, the domestic laws in China, Hong Kong, Macao, and Taiwan are compared with the New York Convention to ascertain the criteria for distinguishing domestic and foreign arbitral awards. This study also compared and analyzed what criteria were established for the determination of the nationality of the arbitral awards in the domestic law or the convention concluded in pan China. Through the analysis of these contents, the characteristics and problems of criterion for the determination of nationality among China, Hong Kong, Macao, and Taiwan were identified. Based on the results, this study examined the precautions Korean companies entering these regions should use in the arbitration system in these areas.

활성오니법에 의한 판지폐수중의 COD 제거에 관한 연구 (A Study on the COD Removal in the Paste-board Wastewater by Activated Sludge Process)

  • 도갑수;김영운
    • 기술사
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    • 제18권3호
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    • pp.28-35
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    • 1985
  • As the paper industry consumes much water in process and discharge wastewater containing suspended solid and COD(chemical oxygen demand), relevant law against this discharge has been set up to limit the total containment of COD in discharge. This study has been carried out to improve the treatment method for the soluble COD in wastewater produced during the process of paste-board production, which is made of semichemical pulp and waste paper. Applicated methods are, O$_2$AS : O$_2$ activated sludge process DAS : Deep well activated sludge process SAS : standard activated sludge process and proper combination of DAS and SAS 1) As a result of this experiment, we get the following conclusion between in COD sludge loading "X" and COD removable rate in the process of treating waste-water. COD removable rate(%)=(0.778+0.0146/X)${\times}$100(%)……(7) 2) In case that the COD sludge loading is high, it has been cleared out that the COD removable rate shall become low due to unknown unsoluble substances contained in the process. Meanwhile, to increase the efficiency rate of treatment, it is thought to be necessary, to provide long-time contacts with activated sludge. 3) Once the COD of original waste-water and the target COD of treated water are decided, COD sludge loading is obtained from equation(7), and capacity of aeration tank in the effective systems such as O$_2$AS, DAS, to bet the required COD removable rate can be decided. Therefore the choice among SAS, O$_2$AS, DAS methods is made in consideration of required COD removable rate and allowable installation area. 4) In the sedimentation tank with sludge bulking, it is possible to increase the COD removable rate by 3~7% but still there exist many obstacles to manage this operation.

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강소성 유한 요소 해석에 연계한 Rate-Independent 결정소성학을 이용한 3차원 알루미늄 압출재에서의 변형 집합 조직 예측 (Prediction of Texture Evolution of Aluminum Extrusion Processes using Rigid-Plastic Finite Element Method based on Rate-Independent Crystal Plasticity)

  • 김경진;양동열;윤정환
    • 한국정밀공학회:학술대회논문집
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    • 한국정밀공학회 2005년도 춘계학술대회 논문집
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    • pp.485-488
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    • 2005
  • Most metals are polycrystalline material whose deformation is dominated by the slip system. During the deformation process, orientation of slip systems is rearranged with preferred orientations, leading to deformation-induced crystallographic texture which is called deformation texture. Depending on the texture development, the property of material can be changed. The rate-independent crystal plasticity which is based on the Schmid law as a yield function causes a non-uniqueness in the choice of active slip systems. In this work, to avoid the slip system ambiguity problem, rate-independent crystal plasticity model based on the smooth yield surface with rounded-off corners is adopted. In order to simulate the polycrystalline material under plastic deformation, we employ the Taylor model of polycrystal behavior that all the grains are assumed to be subjected to the macroscopic velocity gradient. Rigid-plastic finite element program based on this rate-independent crystal plasticity is developed to predict the grain-level deformation behavior of FCC metals during metal forming processes. In the finite element calculation, one integration point is considered as a crystalline aggregate which has a number of crystals. Macroscopic behavior of material can be deduced from the behavior of aggregates. As applications, the extrusion processes are simulated and the changes of mechanical properties are predicted.

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선운사 입지의 공간구성과 가람 배치 (Space Composition and Layout of the Location of Seon-Un Temple)

  • 배영한;박정해
    • 산업진흥연구
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    • 제9권2호
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    • pp.137-151
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    • 2024
  • 본 연구는 고창 도솔산(兜率山) 선운사(禪雲寺) 입지에 대한 풍수적인 특징을 현장조사와 문헌고찰을 통해 형세론적 관점과 이기론 관점에서 분석한 연구이다. 풍수가 갖는 특징적인 요소는 자연과 조화를 최우선 하며 합리적인 방법을 통하여 입지선정의 기준점으로 삼았다. 신라시대 입당승들은 형세풍수가 처음 나타난 강서지역에 유학을 하였는데, 강서지법의 형세풍수가 우리나라에 유입되어 사찰의 입지선정과 가람배치에 주도적인 역할을 했다. 선운사는 도솔산 아래에 입지하여 그 의미가 클 수밖에 없었고, 부처님의 나라로 들어가는 도솔천(兜率川)과 도솔암(兜率庵)을 통한 불교적 완성을 이루고자 하는 바람의 실천이었다. 따라서 고창 도솔산(兜率山) 아래에 자리한 선운사 입지에는 다양한 풍수적 특징이 반영되었는데, 특히 도솔산 선운사의 입지에는 풍수가 가지고 있는 특징과 의미를 논리적으로 사용하였고, 불교의 가장 신성한 의미를 갖는 불교 교리와 사상 전파를 목적으로 하는 자연과 하나되는 모습을 실천하였다.

규제자유특구 운영 및 관리상 나타나는 이해관계자들의 미시적 갈등구조 분석 (Analysis of the Micro-Conflict Structure in the Process of Operation and Management of the Regulatory Free Zone)

  • 최해옥;이광호
    • 중소기업연구
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    • 제43권4호
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    • pp.155-172
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    • 2021
  • 이 연구는 규제자유특구 운영 및 관리 상 핵심 이해관계자들의 미시적 갈등구조를 분석하여 관리 및 운영상 제도적 보완사항을 제안하였다는데 의의가 있다. 이 연구는 규제자유특구 의 제도 운영 및 관리상 참여한 주체들을 대상으로 인식차이를 분석하여, 정책적 시사점을 도출하는데 목적이 있다. 분석결과는 다음과 같다. 첫째, 법개정과 관련된 안전성 검토를 위해 사전검토의견 제시과정이 추가적으로 필요하다. 둘째, 관리체계 이슈에 있어 복잡한 사전준비단계에 대한 제도적 개선이 필요하다. 셋째, 사후관리 이슈에 있어 지역혁신생태계에 유인 구조로서 사후 연구시설 장비에 관한 관리체계 구축이 필요하다. 이 연구는 향후 Q방법을 활용한 지속적인 모니터링을 통해 미시적인 정책수요 파악 과정을 제도적으로 마련하는 방안을 제안하고자 한다.