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Legal Issues of "Zeroing" Practice Based on the Article 2.4.2 of the WTO Anti-Dumping Agreement (WTO 반덤핑협정 제2.4.2조에 의거한 네거티브 덤핑마진 산정 방식("제로잉")의 법적 문제)

  • Chae, Hyung-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.265-302
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    • 2008
  • This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

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An assessment of sanctions on North Korea and the prospect (대북 제재 조치 평가 및 전망)

  • Cheon, Seong- Whu
    • Strategy21
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    • s.31
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    • pp.5-26
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    • 2013
  • The South Korean society has experienced many changes since the sinking of ROKS Cheonan. The government reviewed its defense posture and adopted the 5·24 Measure in its relations with North Korea. As a result, the people of South Korea became more conscious of security situations on the Korean peninsula while North Korea's economy suffered badly. Meanwhile, the South Korean government has taken a flexible stance toward North Korea in terms of exchange and cooperation since September 2011. The flexible stance was to manage inter-Korea relations in a stable manner and relieve the hardships of the North Korean people while preserving the spirits and purposes of the 5·24 Measure. The UN Security Council adopted twenty-six resolutions and statements on North Korea since June 25, 1950. They include thirteen U.N. Security Council resolutions including those concerning nuclear weapons or missile programs, nine Presidential statements, and four press statements. Resolution 82, the first U.N. resolution on North Korea, came when the Korean War broke out. Resolution 825, the first one related to nuclear or missile programs, was adopted in response to North Korea's withdrawal from the NPT. Apart from these U.N. resolutions, the United States has imposed separate sanctions against North Korea. North Korea's nuclear weapons program can be considered in comparison with that of Iran in terms of the consequences they create for the regional security. The Security Council has adopted six resolutions on Iran so far. One should note that the resolutions on Iran have had much stronger sanctions compared to those imposed on North Korea. That is, while the North Korea case may be viewed as a more serious threat to international security from the perspective of nuclear weapons development or proliferation, tougher sanctions have been placed on Iran. There are two approaches that South Korea should take in addressing the related issues. First, we should aim to reduce the gap between sanctions imposed on Iran and North Korea. It is difficult to understand that a country with more serious problems is rewarded with lighter sanctions. We should take measures through the Security Council Sanctions Committee to make individuals and groups in North Korea that play a central role in developing nuclear weapons and missiles subject to additional sanctions. Second, we have to change. Other countries in the international community have become tired of North Korea's nuclear issue and now they look to South Korea for initiative. We should correctly understand this current situation and play a leading role within our capacity. Knowingly and unknowingly, the notion that the North Korean nuclear issue may be left to South Korea has been spread around the international community. Although the situation is grave, we should try to open a new horizon in ushering in the unification era by taking the initiative with confidence that there is a looming hope ahead of us. For these tasks, we should stop thinking in the old way that has been ossified for the last two decades. We should not be pushed around by neighboring great powers in dealing with North Korea related issues anymore; we should take the initiative with resolution that we will play our role at the center of four great powers and with confidence that we can do it. Based on the confidence that the Republic of Korea has become a country with enough capacity to take the initiative, we should establish a 'National Grand Strategy' representing South Korea's strategic vision that the unification is the ultimate solution to the problems related to North Korea's nuclear weapons program.

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Studies on the Myofibrillar Proteins Part I. Phase Microscopy of Myofibrils from Rabbit Muscle (근원섬유 단백질에 관한 연구 (제1보) 근원섬유에 관한 형태학적 연구)

  • Yang, Ryung;Kim, Chul-Jai;Moon, Yoon-Hee;Yu, Ju-Hyun
    • Korean Journal of Food Science and Technology
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    • v.6 no.2
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    • pp.79-85
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    • 1974
  • To obtain further information concerning the nature myofibrillar proteins in a food system, an investigation has been conducted to compare the change in the biochemical property of the myofibril with the changes in the morphological structure of the myofibril. When myofibrils were prepared with 0.16 M KCl-0.04 M Tris-HCl, the band pattern was clear and distinct. There was a uniform thickening of A-band, a sharp appearence of Z-lines and a wide I-band. The band pattern of myofibrils was changed as the composition of extraction solution was changed. Also the ATPase activity of myofibril changed as the length of sarcomere changed. When myofibrils were treated with a low concentration of trypsin, myofibrils turned in the contracted state. With the progress of prolonged trypsin treatment, most of myofibrils exhibited a pattern of alternating light and dark bands, supercontracted pattern. Although myofibrils exhibited a supercontracted band pattern, the ATPase activity of myofibril continued to increase with the progress of trypsin treatment. An assumption was made that tropomyosin may be located in Z-line and that troponin-tropomyosin complex can inhibit the ATPase activity of myofibrils through the structural alternation of myofibril.

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Embryonic Zebrafish Model - A Well-Established Method for Rapidly Assessing the Toxicity of Homeopathic Drugs - Toxicity Evaluation of Homeopathic Drugs Using Zebrafish Embryo Model -

  • Gupta, Himanshu R;Patil, Yogesh;Singh, Dipty;Thakur, Mansee
    • Journal of Pharmacopuncture
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    • v.19 no.4
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    • pp.319-328
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    • 2016
  • Objectives: Advancements in nanotechnology have led to nanoparticle (NP) use in various fields of medicine. Although the potential of NPs is promising, the lack of documented evidence on the toxicological effects of NPs is concerning. A few studies have documented that homeopathy uses NPs. Unfortunately, very few sound scientific studies have explored the toxic effects of homeopathic drugs. Citing this lack of high-quality scientific evidence, regulatory agencies have been reluctant to endorse homeopathic treatment as an alternative or adjunct treatment. This study aimed to enhance our insight into the impact of commercially-available homeopathic drugs, to study the presence of NPs in those drugs and any deleterious effects they might have, and to determine the distribution pattern of NPs in zebrafish embryos (Danio rerio). Methods: Homeopathic dilutions were studied using high-resolution transmission electron microscopy with selected area electron diffraction (SAED). For the toxicity assessment on Zebrafish, embryos were exposed to a test solution from 4 - 6 hours post-fertilization, and embryos/larvae were assessed up to 5 days post-fertilization (dpf ) for viability and morphology. Toxicity was recorded in terms of mortality, hatching delay, phenotypic defects and metal accumulation. Around 5 dpf was found to be the optimum developmental stage for evaluation. Results: The present study aimed to conclusively prove the presence of NPs in all high dilutions of homeopathic drugs. Embryonic zebrafish were exposed to three homeopathic drugs with two potencies (30CH, 200CH) during early embryogenesis. The resulting morphological and cellular responses were observed. Exposure to these potencies produced no visibly significant malformations, pericardial edema, and mortality and no necrotic and apoptotic cellular death. Conclusion: Our findings clearly demonstrate that no toxic effects were observed for these three homeopathic drugs at the potencies and exposure times used in this study. The embryonic zebrafish model is recommended as a well-established method for rapidly assessing the toxicity of homeopathic drugs.

The effects of antibodies and complement in macrophage-mediated cytotoxicity on metacercariae of the lung fluke, Paragonimus westeymani (폐흡충(Paragonimus Tuestermani) 피낭유충에 대한 대식세포의 세포독성에 있어서 항체 및 보체가 미치는 영향)

  • 민득영;안명희
    • Parasites, Hosts and Diseases
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    • v.28 no.2
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    • pp.91-100
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    • 1990
  • Paragonimus westermani is a tissue migrating parasite in the early stage until arriving at lung, and most of the parasites spend their life spans there. Considerable immune responses including activation of macrophages are taken place during the residence of parasites in the host. However, concerning the immunologic defense mechanisms of the host against this parasite, only a few document is available so far. In this study, the cytotoxic effect of peritoneal macrophages under the presence of antibody and/or complement against metacercariae of F. westermani was investigated in vitro. Metacercarlae were collected from the crayfish, Cambaroides similis and hatched out in Tyrode solution (pH 7.4). Plastic adherent cells from normal or infected rat (Wistar) peritoneal exudates were used as experimental macrophages. Polyclonal antibodies were obtained from infected rats and a cat. Cat IgG was fractioned with ion exchange chromatography. Fresh rabbit complement was used according to experimental scheme. Various combinations of peritoneal macrophages, normal or infected rat serum, complement and cat IgG were incubated at $36^{\circ}C$ in 5% $CO_2$ incubator for 6, 14, 24 and 48 hours. The results obtained were as follows: 1. P. westermani infection activated peritoneal macrophages non-specifically and this activation induced increases of cell adherence and cytotoxicity on metacercariae. 2. In the presence of infected rat serum the antibody.dependent cell-mediated cytotoxicity of peritoneal macrophages on metacercariae was significantly increased and showed a peak at 6-hour incubation. But the cytotoxic effect was markedly reduced after inactivation of complement and heat.labile IgE antibody by the heating of infected serum at 56$^{\circ}C$ for 30 minutes. 3. The highest cytotoxic effect (100%) of concomitant incubation with IgG and complement showed 24 hours after incubation, although cell adherence was relatively low at 6-hour incubation and 0% at 24-hour incubation. 4. Coordinative functions of complement with serum and IgG were effective in cell adherence and in cytotoxicity, but it is not clear the independent role of complement on the macrophage- mediated cytotoxicity in this study- With these results it is assumed that P. westermani infection can induce the non-specific activation of peritoneal macrophages, and strum antibodies including IgE antibody might enhance the cytotoxicity by macrophages,

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Effect of Chungpaesagan-tang on Ischemic Damage Induced by Middle Cerebral Artery Occlusion in Diabetic Rats (청폐사간탕이 탕요유발 흰주의 뇌허혈손상에 미치는 영향)

  • Jeong Chun-geun;Kim Eun-Young;Shin Jung-Won;Sohn Youngjoo;Lee Hyun-Sam;Jung Hyuk-Sang;Sohn Nak-Won
    • The Journal of Korean Medicine
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    • v.26 no.2 s.62
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    • pp.217-230
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    • 2005
  • Objectives: Chungpaesagan-tang (CPSGT), which is frequently used for treating patients of cerebrovascular disease, has not been reported by clinical doctors concerning the effect of neuronal aptosis caused by brain ischemia. To study the effect of CPSGT on focal cerebral ischemia in normal and diabetic rats and SHR, focal cerebral ischemia was induced by transient MCAO, and after onset CPSGT was administrated. Methods: Rats (Sprague-Dawley) were divided into four groups: sham-operated group, MCA-occluded group, CPSGT­administrated group after MCA occlusion, and normal group. The MCA was occluded by intraluminal method. CPSGT was administrated orally twice (l and 4 hours) after middle cerebral artery occlusion. All groups were sacrificed at 24 hours after the surgery. The brain tissue Was stained with $2\%$ triphenyl tetrazolium chloride (TTC) or $1\%$ cresyl violet solution, to examine effect of CPSGT on ischemic brain tissue. The blood samples were obtained from the heart.~. Tumor necrosis $factor-\alpha$ level and interleukin-6 level of serum was measured from sera using enzyme-linked immunoabsorbent assay (ELISA). Then changes of immunohistochemical expression of $TNF-\alpha$ in ischemic damaged areas were observed. Results: In NC+MCAO+CP and DM+MCAO+CP, CPSGT significantly (p<0.01) decreased the number of neuron cells compared to the control group. CPSGT markedly reduced (p<0.01) the infarct size of the forebrain in distance from the interaural line on cerebral ischemia in diabetic rats. CPSGT significantly reduced the $TNF-\alpha$ expression in penumbra region of damaged hemisphere in diabetic rats. Conclusions: CPSGT had a protective effect on cerebral ischemia in SD rats, especially in diabetic rats compared with normal SD rats.

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The Development of Design Knowledge Management System Using Data Mining (Data Mining 기법을 활용한 디자인 지식경영 시스템 구축)

  • 양종열;오민권;최경은
    • Archives of design research
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    • v.16 no.2
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    • pp.281-290
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    • 2003
  • In the knowledge and information-based age of today, it would be fair to say that the compatibility of each person, enterprise, and nation can be evaluated by how each of them manages and maintains the knowledge created from data and information. Since the importance and necessity of knowledge management has been acknowledged, there have been studies to create, apply, and evaluate the knowledge concerning design. Previous studies done on this subject can be divided into three main categories - CRM, online statistical research, and eCRM - according to the materials used to create knowledge. These studies are meaningful in that they can create knowledge in their respective fields, although they are somewhat inadequate because the designers can't create as much knowledge as can be applied in business; design-related consumers demand composite knowledge integrating the characteristics of all three fields. In other words, they want to know the ordinary customers'preferences in the previous off-line market in the CRM field, the research results of statistical questionnaires to the various elements of design in statistical research fields, and even the pattern of preference and consumption of many and unspecified persons transcending the time and place in eCRU field. This study proposes to solve the problem related with web-based design knowledge maintenance through the synthetic application of CRM, Statistical Research, and eCRM The information proposed in the solution can De expected to help designers working at design-related enterprises, as well as research institutes, to develop the knowledge necessary to design more consumer-oriented products.

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Open Source Software (OSS) and Strategy for Software Industries in Developing Countries (오픈 소스 소프트웨어와 개발도상국의 소프트웨어산업 발전전략)

  • Jang Seungk-Won;Ko Kyung-Min;Lee Hee-Jin
    • Journal of Korea Technology Innovation Society
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    • v.8 no.spc1
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    • pp.297-322
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    • 2005
  • The paper aims to analyze the logic and power of open source software (OSS), and to show the ways in which Korean government and companies support developing countries in the field of software development. Many developing countries are considering software industry to be a strategic industry due to the fact that software industry seems to be labor-intensive, or rather knowledge-intensive industry. In this regard, developing countries without huge financial investment can achieve certain level of economic development while leveraging software industry. Concerning software development tools, among recent trends OSS has been regarded as a viable alternative software development tool for developing countries. In developing countries, OSS is believed to resolve some difficulties caused by proprietary software such as Microsoft Windows, which is too expensive to buy for users and developers in low-income developing countries. In this sense, OSS has been considered as only solution for software developing because OSS is able to reduce the cost of software development and to enhance the technological capabilities of developing countries. In addition to the benefit of low cost, we have to shed light on the business model of OSS that is not to sell software licence, but to provide technical support and services. In order to use OSS as much as they can, developing countries have to invest for educating human resources who can develop and implement software system using OSS. These OSS-related policies can lead developing countries to developed countries.

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A Legal Review on Abuse Cases of Virtual Currency and Legal Responses (가상화폐의 악용사례와 법적 대응방안에 관한 고찰)

  • Hwang, Suk-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.2
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    • pp.585-594
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    • 2018
  • Virtual currencies have emerged along with new technologies such as block chain, artificial intelligence (AI), and big data. This study examines the benefits of a security-enhanced block chain resulting from individual trading, decentralized from governments, as well as the problems associated with misuse of virtual currencies. Virtual currencies, due to its anonymity, is vulnerable to financial crimes, such as ransom-ware, fraud, drug trafficking, tax evasion and money laundering. Use of virtual currencies can facilitate criminals avoid detection from investigative agencies. Government regulatory policy continues to address these concerns, and the virtual currency exchange has also announced a self-regulation proposal. However, a fundamental solution remains necessary. The purpose of this paper is to investigate the problems regarding abuse of virtual currency and to identify a practical system for transactions involving virtual currencies. However, in order to promote transactions involving virtual currencies and to institutionalize a governance system, multilateral cooperation is required. Although the restricting the use of virtual currencies regarding minors and foreign trade, as well as the introduction of a real-name system are considered promising prospects, many problems remain. Virtual currency is not a simple digital item but a method of redesigning the function of money. Coordinated efforts are needed globally to be able to further activate the positive aspects concerning the use of virtual currencies.

Study on Main Factors for Imported Brand launching: Focus on Exclusive Importation Fashion Apparel Brand (수입 브랜드 도입을 위한 주요 요인 연구: 독점 수입 패션 의류 브랜드를 중심으로)

  • LYU, Moon-Sang
    • The Journal of Industrial Distribution & Business
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    • v.10 no.8
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    • pp.45-53
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    • 2019
  • Purpose - The purpose of this study was to clarify the factors to make an exclusive importation contract between foreign fashion brands and local retailers for successful business in Korea. Even though imported fashion brand market shows stead increasing in terms of sales amount, the number of store related study was very rare in fact. Meanwhile, as long as this business is glowing a lot of brands are suffering from bad business performance or getting in ruins thus these problems result in foreign currency loss. The local marketers therefore, strongly expect to know the solution for this matter. Research design, data, and methodology - For the qualitative research, 10 experts who are operating foreign brands with an exclusive contract at a department store or at duty free shop now and who had at least over 10 years of related working experience were included. The factors for the exclusive importation contract with foreign brands were drawn up through the one-to-one in-depth interview method from September 3, 2017 to January 15, 2018. The expert group for the validity analysis includes 2 professors and 5 postgraduate students. Results - As a result of qualitative study on the factors for imported fashion brand's launching with the exclusive importation contract, it turned out that there were 5 factors - safety, profitability, reliability, speed and global retailing. Safety, profitability, and reliability have been mentioned in most related surveys but some details are added and speed and global retailing have been newly highlighted and many unknown legal issues that it was not easy to get form common academic research are included. Speed simply means quick lead time and global retailing means stores where located in other countries. Conclusions - The reason that qualitative research should be done before the quantitative research is due to the scant theoretical background for this matter. Because the market of an imported fashion brand is steadily increasing, determining the factors to make exclusive importation contract is very meaningful from the point of academic and business. After this study, many marketers may get basic conditions to apply for real business and I hope the following quantitative research will give more effective results. The next study also will have extended range concerning industry area, product and distribution channel.