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A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

The Character of Bogamni group and trends in the surrounding area seen through the stone chamber (석실로 본 나주 복암리 세력과 주변 지역의 동향)

  • Kim, Nak jung
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.44-67
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    • 2016
  • This article studied the character of Bogamri group and trends in the surrounding area through recently excavated stone chambers. The first type of stone chamber constructed at Bogamni cemetry was Northen Kyushu style stone chamber tomb with corridor. However, According to recent survey Wa style vertical stone lined tomb had constructed earlier than these stone chamber along the southwest cost. It is likely that the background of these Wa style stone tomb was the beginning of formal diplomatic relations between Baekje and Wa. At first, grave goods as well as burial had been Wa style, but gradually local burial element and mortuary practices added. And large tomb had beginning to appear. The representative tombs are Yeongam Okyari Jangdong tomb and Naju Gaheugni Shinhueng tomb. They were built in the middle of the fifth century. It is most likely that the location was selected with regard to the use or securing of inland waterway. But the next step, Yeongsangang river style stone chamber with corridor had constructed at Jeongchon tomb. That tomb is very close to Bogamni tombs and structure and grave goods are very similar also. So these two groups were considered to be the same community. Hereby, It is believed that the inland waterway using power had been turned over to Bogamni group. Bogamni group had constantly constructed stone chamber until seventh century. This represent that Bogamni group had thrived as a leading force in the Yeongsangang river basin. After under the direct control of Baekje, Bogamni group had continued the close relationship with Wa. For this reason, Bogamni group had influenced southwest cost as well as Yeongsangang river basin. It can be estimated by the Bogamni style stone chamber founded at islands of Shinan.

A Study on Interpreting People's Enjoyment under Cherry Blossom in Modern Times (벚꽃을 통해 본 근대 행락문화의 해석)

  • Kim, Hai Gyoung
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.4
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    • pp.124-136
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    • 2011
  • In landscape architecture, plants play an important role in realizing the intention of the architect and user- behavior as well as an ecology and appearance of the space for them. However, it is true that many researches have focused on ecological characteristics of plants, their cultivation environment and symbolic meanings in traditional terms, while relatively few for the analysis of the aspects of each period through plants. For this, cherry trees that we often see around are selected and their introduction, propagation, development and symbolism from the view of chronicle are studied and the results are followings; Firstly, three-year seedlings of 1,500 pieces of cherry tree from Osaka and Tokyo were planted for the first time in Oieseongdae, Namsan Park, Seoul. Since then, they had been widely planted at traditional sites, modern parks, newly-constructed roads for street trees, and for this, the Japanese Government-General of Chosun had actively supported by its direct cultivation and selling of cherry trees. The spread of cherry trees planted raised the question of whether or not Prunus yedoensis is originated from Jeju Island. Secondly, such massive and artificial planting of them had become attractions over the time and mass media at that time also had actively promoted it. And such trend made the day and night picnic under the cherry blossoms one of the most representative cultures of enjoying spring in Seoul. Thirdly, although general people enjoyed cherry blossoms, but they had dual view and attitude for cherry trees, which were well expressed in their use of them: for example, cherry blossoms, aeng and sakura were used altogether for same meaning, but night aeng or night picnic under cherry blossoms were especially used instead of yojakura when mentioning just pleasure, which meant some saw night enjoying cherry blossoms a low culture. Fourth, symbolic space of Chosun had been transformed into the space for enjoyment and consumption. Anyone who paid entrance fee could enjoy performance of revugirl, cinema and entertainment along with enjoying cherry blossoms. The still-existing strict differentiation of enjoyment culture by social status, class and ethnicity was dismantled from that trend and brought about a kind of disorder. From this, we could find that cherry blossoms had made a great contribution to the change of traditional enjoyment culture over the Japanese colonial period and become a popular spring enjoyment.

The Drawing of Linked-arc Designs in Bronze Mirrors and The Technological Genealogy of the Three-Hans Style Bronze Mirror (연호문(連弧文)의 제도와 삼한경(三韓鏡)의 기술 계보)

  • Yi, Yangsu
    • Korean Journal of Heritage: History & Science
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    • v.54 no.1
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    • pp.164-183
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    • 2021
  • This article examines how the production technology of the Chinese bronze mirror affected the Korean Peninsula and Japan. To that end, we looked at how the drawing of linked-arc designs in bronze mirrors was done. The drawing technique is classified into three methods: Type 1 and type 2 were confirmed to have been used in China, but type 3 was used not in China, but on the Korean Peninsula and in Japan. Type 1 and type 2 are basically the same, with an identical restored diameter of the linked-arc design, and type 2 is found elsewhere in the bronze mirror, and type 1 are not. Type 3 features different diameters, and the linked-arc design does not form a complete circle. This shows that the manufacturer of the bronze mirror did not use several bumpy compasses, but rather a single one with a fixed center and protrusion, rather than one that can be easily adjusted, as it is today. That is why, of course, a pair of compasses must have been used several times. In this regard, those who produced bronze mirrors on the Korean Peninsula in the early days understood not only the Chinese techniques of the linked-arc design, but also the meaning contained within them. On the other hand, the makers of bronze mirrors in Japan did not understand the patterns and simply imitated them. From the late Yayoi period, Japan understood and produced works with the principle of drawing the linked-arc design. As a representative example, bronze mirrors excavated from the tomb of Hirabaru can be referenced. Perhaps it can be assumed that, behind these works, there was a direct transfer of technology, such as the migration of the makers of bronze mirror makers like the Do family (陶氏), whose names were found written on bronze mirrors excavated from the Hirabaru tomb.

From the Shintong of the Buddha to the Shini of Eminent Monks (붓다의 신통에서 고승의 신이로)

  • Jung, Chun-koo
    • Journal of the Daesoon Academy of Sciences
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    • v.39
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    • pp.215-247
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    • 2021
  • In Buddhism, there are specific terms related to miracles and miraculous acts such as the Sanskrit term, abhijñā, which was translated as into Chinese characters as shintong (神通). This term implies the six supranormal powers. It originally meant 'direct knowledge,' 'high knowledge,' or 'knowledge beyond the common senses,' which was understood as a superhuman and transcendental ability possessed by Buddhas, Bodhisattvas, and noblemen. However, this took on different meanings and morphed into different terms later in India and China. This article analyzes the subject, object, type, and purpose of these shintong, focusing on the Sutra for the Householder Kaivarti (堅固經, Gyeonggo-gyeong, Kaivarti-sūtra) from the Longer Discourses (長阿含經, Jang-Ahamgyeong, Dīrghâgama) and exemplary Buddhist texts such as the Sanskrit, In Praise of the Acts of the Buddha (佛所行讚, Bulsohaengchan, Buddhacaritam) and the Chinese Records of Eminent Monks (高僧傳, goseungjeon) and Continued Records of Eminent Monks (續高僧傳, Sok-goseungjeon). The historical evolution and changes to the meaning of Shintong in Indian and Chinese contexts can be observed through these texts. In the Sutra for the Householder Kaivarti, the Buddha said that there are three kinds of Shintong: supranormal footedness (神足, shinjok, ṛddhi-pāda), mindreading (觀察他心, gwanchaltashim, anya-mano-jñāna), and education (敎誡, gyogye, anuśāsana). Among them, supranormal footedness (multiplying one's body, teleportation, flying, walking on water, etc.) and mindreading were denied because, at that time, claims of this nature were used to appeal to people's emotions and inspire sincerity, but this was of no use in conveying the Buddha's teaching. On the other hand, education, acquired only with through enlightenment, was sanctioned as a shintong unique to Buddhism. However, in In Praise of the Acts of the Buddha, supranormal footedness and mindreading were described as important ways to lead people to enlightenment, while education pertained to the whole of spiritual work. In China, Buddhism was a foreign religion at first, and it urgently sought to be accepted. After the increase of its religious influence, introspection on discipline and practice was meant to firmly deepen its roots. In line with this, shintong and miracles were transformed and expanded to suit the Chinese cultural context. Such changes in Buddhist history are well illustrated by the shini (神異, miraculous powers) described in Records of Eminent Monks and the gamtong (感通, penetration of sensitivity) detailed in Continued Records of Eminent Monks. In Records of Eminent Monks, the subject of shini was that of eminent monks and its objects were those who did not know of Buddhism or believe in it. In Continued Records of Eminent Monks, however, the monks themselves could be objects of shini. The change of object suggests that the purpose had shifted from edification to awareness and self-reflection. Shini focused on edification, whereas gamtong re-emphasized the importance of the pure discipline and practice of monks during the 6th and 7th centuries when China became predominantly Buddhist.

A study on the introduction of organic waste-to-energy incentive system(I): Precise monitoring of biogasification (유기성폐자원에너지 인센티브제도 도입방안 연구(I): 바이오가스화 정밀모니터링)

  • Kwon, Jun-Hwa;Moon, Hee-Sung;Lee, Won-Seok;Lee, Dong-Jin
    • Journal of the Korea Organic Resources Recycling Association
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    • v.29 no.4
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    • pp.67-76
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    • 2021
  • Biogasification is a technology that produces environmentally friendly fuel using methane gas generated in the process of stably decomposing and processing organic waste. Biogasification is the most used method for energy conversion of organic waste with high moisture content, and is a useful method for organic waste treatment following the prohibition of direct landfill (2005) and marine dumping (2013). Due to African Swine Fever (ASF), which recently occurred in Korea, recycling of wet feed is prohibited, and consumers such as dry feed and compost are negatively recognized, making it difficult to treat food waste. Accordingly, biogasification is attracting more attention for the treatment and recycling of food waste. Korea's energy consumption amounted to 268.41 106toe, ranking 9th in the world. However, it is an energy-poor country that depends on foreign imports for about 95.8% of its energy supply. Therefore, in Korea, the Renewable Energy Portfolio Standard (RPS) is being introduced. The domestic RPS system sets the weight of the new and renewable energy certificate (REC, Renewable energy certificate) of waste energy lower than that of other renewable energy. Therefore, an additional incentive system is required for the activation of waste-to-energy. In this study, the operation of an anaerobic digester that treats food waste, food waste Leachate and various organic wastes was confirmed. It was intended to be used as basic data for preparing the waste-to-energy incentive system through precise monitoring for a certain period of time. Four sites that produce biogas from organic waste and use them for power generation and heavy gas were selected as target facilities, and field surveys and sampling were conducted. Basic properties analysis was performed on the influent sample of organic waste and the effluent sample according to the treatment process. As a result of the analysis of the properties, the total solids of the digester influent was an average of 12.11%, and the volatile solids of the total solids were confirmed to be 85.86%. BOD and CODcr removal rates were 60.8% and 64.8%. The volatile fatty acids in the influent averaged 55,716 mg/L. It can be confirmed that most of the volatile fatty acids were decomposed and removed with an average reduction rate of 92.3% after anaerobic digestion.

A Protocol of Ludox Treatment for Physiological and Molecular Biological Research of Freshwater Cyanobacteria (퇴적층 남조류 휴면세포의 생리적-분자생물학적 연구를 위한 Ludox 처리법)

  • Keonhee Kim;Kyeong-eun Yoo;Hye-in Ho;Chaehong Park;Hyunjin Kim;Soon-Jin Hwang
    • Korean Journal of Ecology and Environment
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    • v.56 no.1
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    • pp.94-103
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    • 2023
  • Cyanobacterial resting cells, such as akinetes, are important seed cells for cyanobacteria's early development and bloom. Due to their importance, various methods have been attempted to isolate resting cells present in the sediment. Ludox is a solution mainly used for cell separation in marine sediments, but finding an accurate method for use in freshwater is difficult. This study compared the two most commonly used Ludox methods (direct sediment treatment and sediment distilled water suspension treatment). Furthermore, we proposed a highly efficient method for isolating cyanobacterial resting cells and eDNA amplification from freshwater sediments. Most of the resting cells found in the sediment were akinete to the Nostocale and were similar to those of Dolichospermum, Cylindrospermum, and Aphanizomenon. Twenty times more akinetes were found in the conical tube column using the sediment that had no treatment than in the sample treated by suspending the sediment in distilled water. Akinete separated through Ludox were mainly spread over the upper and lower layers in the column rather than concentrated at a specific depth in the column layer. The mibC, Geo, and 16S rDNA genes were successfully amplified using the sediment directly in the sample. However, the amplification products of all genes were not found in the sample in which the sediment was suspended in distilled water. Therefore, 5 g to 10 g of sediment is used without pretreatment when isolating cyanobacterial resting cells from freshwater sediment. Cell isolation and gene amplification efficiency are high when four times the volume of Ludox is added. The Ludox treatment method presented in this study isolates cyanobacterial resting cells in freshwater sediment, and the same efficiency may not appear in other biotas. Therefore, to apply Ludox to the separation of other biotas, it is necessary to conduct a pre-experiment to determine the sediment pretreatment method and the water layer where the target organism exists.

A Study on Estimation of Environmental Value of Tentatively Named 'East-West Trail' Using CVM (CVM기법을 이용한 가칭 '동서트레일'의 환경가치 추정)

  • Kee-Rae Kang;Yoon-Ho Choi;Bo-Kwang Chung;Dong-Pil Kim;Hyun-Kyeong Oh;Woo-Sung Lee;Su-Bok Chae
    • Korean Journal of Environment and Ecology
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    • v.36 no.6
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    • pp.676-683
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    • 2022
  • Due to the effects of rapid changes in the living environment since 2000 and the recent unforeseen pandemic, people are refraining from domestic and international traveling and movement, and outdoor activities for health and the public value of forest trails, called Dullegil Trail in Korea, have become more important. This study estimated the environmental value of the tentatively named "East-West Trail," which connects the forest trails crossing Chungcheong and Gyeongsang Provinces using CVM (Contingent Valuation Method). It surveyed visitors to the East-West Trail, and 725 questionnaires were used for analysis. The average characteristics of respondents were those who exercised 2-3 times per week, visited a forest trail not far from their residence with friends or family, and showed a tendency to spend 50 thousand Korean won or more per visit. Visitors to the Dullegil Trail felt that there was a shortage of information boards on the forest trail, and they preferred a shelter in appropriate locations. We used a double-bounded dichotomous choice (BDDC) logit model proposed by Hanemann to measure the conservation value of the East-West Trail. It was estimated that the environmental value that a visitor to the East-West Trail could obtain was 30,087 won per trip. The estimated environmental value of the East-West Trail can be converted to about 94 billion won total visitors annually based on the population belonging to the direct-use zone near the East-West Trail. As there has been no study on the environmental value of forest trails using CVM, the results of this study will be able to suggest the feasibility of the government policies on forest trails.

The Family Caregivers' Stress Pathways by Types of Long Term Care Services for the Elderly (장기요양보호서비스 유형별 가족 부양스트레스 경로)

  • Park, Chang-Je;Lee, Sung-Jin
    • 한국노년학
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    • v.31 no.3
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    • pp.831-848
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    • 2011
  • The purpose of this study is to analyse the family caregivers' stress pathways by types of long term care services for the elderly, and then to discuss the findings of analysis. For this research, primary caregivers that provide care the elderly requiring long term care services sanctioned by National Health Insurance Corporation were drawn and surveyed. Among collected data, data for 258 primary caregivers by type of long term care services were used for this study. The results of this study can be summarized as follows. First, on average, the elders that utilize care service in institutions for the elderly were higher proportion of women, older, higher rate of bereavement, more children than the elders that utilize in-home care service, but some cases were vice-versa. Second, the elders that utilize care service in institutions more ADL dependency, higher proportion of severe dementia or severe stroke, higher care rank by National Health Insurance Corporation than the elders that utilize in-home care service on average. Third, primary caregivers with elders that utilize in-home care service were higher proportion of women, older, lower education level, higher rate of spouse and daughter-in-law in relationship with care recipient, less health, lower income than primary caregivers with elders that utilize care service in institutions. Fourth, subjective indicators representing caregivers' reactions to caregiving for the elderly significantly impact on caregivers' stress(ie, depression), and pathway of caregivers' stress are differentiated by type of long term care services. Fifth, stressors that have direct impacts on depression as caregiving family are differentiated by type of long term care services. Therefore, policies or programs to reduce negative mental health or stress of caregivig families should be designed differently by reflecting pathway of various stressors and stress by use types of long term care services for the elderly.

Biasing Factors in Self-Report Assessment of Bullying/Victimization: Examining Variability in Involvement Rates by Testing Conditions (자기보고식 괴롭힘 경험률 평가의 편향요인 탐색: 평가조건 변인을 중심으로)

  • Lee, Donghyung
    • Korean Journal of School Psychology
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    • v.15 no.3
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    • pp.459-488
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    • 2018
  • The self-report assessment has been most commonly used to estimate bullying/victimization (B/V) rates in most domestic and international prevalence studies. However, the presence of many potential biasing factors in such an assessment method, including specific operationalization/measurement strategies and testing conditions, has become an issue due to a considerable variability in reported involvement rates across studies. This study analyzed self-reported B/V involvement rates on Olweus Bullying Questionnaire (OBQ) among 690 Korean middle school students by gender and two different cut-offs (generous vs. strict cut-offs) and examined if the involvement rates were significantly varied by testing conditions such as presentation vs. omission of a precise definition of B/V, anonymous vs. non-anonymous/confidential administration, and the use of global vs. specific questions. Chi-square analyses revealed that boys displayed higher involvement rates on global measures of B/V and on items related to direct forms of B/V, with no significant gender differences on specific measures of relational B/V rates. It was also found that a global rate of bullying and specific rates of verbal B/V were 111% to 157% higher when no definition was provided. However, anonymous vs. non-anonymous administration had no significant impacts on rates of involvement, except for one item; there were also no significant differences in reported degrees of frankness and perceived confidentiality of their responses across two adminstration conditions. Finally, when involvement rates were assessed by using specific vs. global items, they were 68% to 148% higher with binominal correlations in low to moderate ranges. Findings also indicated that global items had a high specificity but a relatively low sensitivity. Implications of these findings were fully discussed for researchers and practitioners in the field of B/V assessment.