• Title/Summary/Keyword: Environmental Dispute

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Regression Analysis of an Excavator Sound Power Level (굴착기의 음향파워레벨 회귀분석)

  • Gu, Jin-Hoi;Lee, Jae-Won;Seo, Chung-Youl;Jang, Seong-Ki;Choi, Kyung-Hee;Han, Jin-Seok
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.22 no.3
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    • pp.203-207
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    • 2012
  • The noise emitted from an excavator has long been a cause of environmental disputes, while causing displeasure to the nearby residents. So, the ministry of environment adopted the construction machinery noise labeling system to encourage the construction machinery manufacturing companies to develop the low noise construction machinery voluntarily. But, as the quality of life improves, a growing number of people desire the comfortable and quite environment to live in. Under the situation, noise from the construction machinery has been a major cause for stress and complaints. When the noise dispute happened in the construction site, the sound pressure level of the construction machinery like a excavator was measured at the lot boundary of the noise victim's residence to judge how much noise damage occur. But the sound pressure level of the construction machinery is measured differently according to the acoustic environment of construction site and the measuring position, respectively, which makes it difficulty to judge whether the noise damage occur or not. As the sound power level of noise source is not affected by the acoustic environment of construction site and the measuring position, if we use the information of the sound power level, it will be easy to judge whether the noise damage occur and to establish the soundproofing measures. Therefore, we derive the sound power level regression model of the excavator to judge whether the noise emitted from the excavator damages to residents near the construction site. Also, the sound power level regression model of the excavator drawn in this paper will help construction companies to plan the noise reduction program in the construction sites.

A Study on the Improvement Method on Calculating the Damages Caused by the Bid Rigging in the Construction Work (건설공사 입찰담합으로 인한 손해액 산정 개선방안 연구)

  • Min, Byeong-Uk;Park, Hyung-Keun
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.6
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    • pp.1053-1061
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    • 2017
  • The study is concerned with providing the improvement method on making a reasonable and scientific decision on the damages accrued from the bid rigging in the construction work. According to the review on the precedent studies and decision cases on the damages caused by bid rigging, the representative problems include the insufficiency of the classification system on the damage calculation method and the omission of the necessary stage in the damage determination process. First, the improved classification system on calculating the damages caused by bid rigging is presented with the application to the bid rigging in the construction work by adding the ratio factor in addition to the damage calculation parameters such as price and cost. Second, the standard procedures organized with six stages is presented as the process required for determining the damages if the indemnification for bid rigging is claimed. The study becomes the foundation for resolving the problem with the undue burden on a party and for preventing the opportunity loss by resolving a dispute early through the improvement classification system and standard procedures presented in the study.

Case study on the Distributed Multi-stage Blasting using Stemming-Help Plastic Sheet and Programmable Sequential Blasting Machine (전색보호판과 다단발파기를 이용한 다단식분산발파의 현장 적용 사례)

  • Kim, Se-Won;Lim, Ick-Hwan;Kim, Jae-Sung
    • Explosives and Blasting
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    • v.31 no.2
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    • pp.14-24
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    • 2013
  • The most effective way of the rock removing works in the downtown area is to removing rocks by splitting the rock by blasting with small amount of explosives in the hole. However environmental factors not only limit the applications but also increase the forbidden area. As this is a distributed multi-stage blasting method and to reduce vibration by applying the optimized precisioncontrol-blasting method, it is applicable in all situations. The process is to fix the stemming-help plastic sheet to the hole entrance when stemming explosives and insert detonator and explosive primer with same delay time, two or three sets. This method is more efficient in the downtown area where claims and dispute from vibration are expected. This method is easily usable by designing blast pattern even in the area where delay time blasting is difficult after multi-stage explosive stemming due to short length of blast hole (1.2~3.0m) and there is no detonator wire shortage or dead-pressure.

A Study on the Adjustment of Tariff Rates and Construction Fee in Korean District Heating Industry (지역난방사업의 공사비부담금과 열요금 연계조정방안에 관한 연구)

  • Kim, Hyunsook
    • Environmental and Resource Economics Review
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    • v.17 no.3
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    • pp.91-134
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    • 2008
  • Korean district heating companies levy comprehensive construction fee on consumers in the beginning of construction period and the consumers' burden is much higher than those in any other network industries in Korea. It has also many problems such as inappropriate fee calculation method, cross subsidization, property right dispute, etc.. I show that the cut of construction fee by 30% and at the same time, the upward adjustment of tariff rates by 4~6% for 20 years on average will maintain current profitability based on the standard model simulation, I also suggest that fixed charge part of double tariff should be increased to 25% of total tariff and the cut of construction fee should be levied on fixed charge, directly to improve efficiency.

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Health Effects of Apartment Noise (층간소음의 건강영향)

  • Park, Young Min;Kim, Kyoung Min
    • Journal of Environmental Policy
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    • v.14 no.1
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    • pp.113-134
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    • 2015
  • In new housing demand, proportion of occupied multi-housing is 89.9% (statistics from 2013). In this way, with many generations living together, apartment noise disputes between the neighbors are continuously rising. The apartment noise problem in Korea is at a very serious level worldwide (about 88% of the population is experiencing stress due to apartment noise). On the other hand, the government has strengthened the regulations (such as the thickness of the floor and floor impact sound reduction performance, etc.) and promoted a resolution of its own for each multi-housing estates for mediating disputes on apartment noise. However, such physical regulations and passive management policies still presents a limit to the dispute mitigation of apartment noise. Also, in order to improve the quality of life in living spaces, policy on health effects of apartment noise should be provided. Therefore, we investigated a case study of the noise exposure-human body reaction to analyze the effect of noise on health. On the basis of this, the health effects according to the exposure period of apartment noise were considered.

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Development of Coffee Production and Land Mobility in Dak Lak, Vietnam (베트남 닥락지역의 커피재배와 토지유동성)

  • Kim, Doo-Chul;Hoang, Truong Quang
    • Journal of the Economic Geographical Society of Korea
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    • v.16 no.3
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    • pp.359-371
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    • 2013
  • Vietnam is the second-largest coffee exporter in the world. Most of the coffee areas are concentrated in Dak Lak-a province of commercial agricultural production, making up 32.4% of the total coffee area in Vietnam. At present, coffee is the main income source for the province, with coffee accounting for 85% and 40%(2010) of the export value of the province and of the country, respectively. Although the rapid development of Dak Lak's coffee production significantly benefits the province and its coffee planters socioeconomically, emerging urgent problems such as land dispute among ethic groups need to be addressed. This paper aims to examine how coffee-production development in Dak Lak has affected land mobility. In addition, we consider how these changes have affected the livelihoods of the Kinh-the majority ethnic group in Vietnam-as well as the ethnic minorities. As a result, it is pointed out that the coffee development in Dak Lak creates the individual ownership on land. This ownership is more and more fortified when the encroaching land of the Kinh immigrants happens impetuously defying the customary law of the ethnic minorities.

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Threshold Subsoil Bulk Density for Optimal Soil Physical Quality in Upland: Inferred Through Parameter Interactions and Crop Growth Inhibition

  • Cho, Hee-Rae;Han, Kyung-Hwa;Zhang, Yong-Seon;Jung, Kang-Ho;Sonn, Yeon-Kyu;Kim, Myeong-Sook;Choi, Seyeong
    • Korean Journal of Soil Science and Fertilizer
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    • v.49 no.5
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    • pp.548-554
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    • 2016
  • Optimal range of soil physical quality to enhance crop productivity or to improve environmental health is still in dispute for the upland soil. We hypothesized that the optimal range might be established by comparing soil physical parameters and their interactions inhibiting crop growth. The parameter identifying optimal range covered favorable conditions of aeration, permeability and root extension. To establish soil physical standard two experiments were conducted as follows; 1) investigating interactions of bulk density and aeration porosity in the laboratory test and 2) determining effects of soil compaction and deep & conventional tillage on physical properties and crop growth in the field test. The crops were Perilla frutescens, Zea mays L., Solanum tuberosum L. and Secale cereael. The saturated hydraulic conductivity, bulk density from the root depth, root growth and stem length were obtained. Higher bulk density showed lower aeration porosity and hydraulic conductivity, and finer texture had lower threshold bulk density at 10% aeration bulk density. Reduced crop growth by subsoil compaction was higher in silt clay loam compared to other textures. Loam soil had better physical improvement in deep rotary tillage plot. Combined with results of the present studies, the soil physical quality was possibly assessed by bulk density index. Threshold subsoil bulk density as the upper value were $1.55Mg\;m^{-3}$ in sandy loam, $1.50Mg\;m^{-3}$ in loam and $1.45Mg\;m^{-3}$ in silty clay loam for optimal soil physical quality in upland.

Vibration Analysis and Evaluation for the Slab of Housing (공동주택 바닥판의 진동해석 및 평가)

  • Park, Kang-Geun;Kim, Yong-Tae;Choi, Young-Wha;Kim, Han-Choul
    • Proceeding of KASS Symposium
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    • 2006.05a
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    • pp.246-255
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    • 2006
  • In these days the floor vibration is beginning to make its appearance of the environmental dispute in apartment building. Standard floor system are suggested for the settlement of this issue by government. The sound of floor impact sound is needed to secure comfortable quality in housing. Also, it is required an accurate analysis and a proper evaluation for floor vibration. Refine model is necessary for the floor system of housing to analyze accurately the floor vibration. But this refine model is not efficient because it is required so much running time for vibration analysis and it is difficult of modeling of standard floor slab. In this paper, new modeling methods of standard floor slab are proposed for the accurate rigidity evaluation. By using the new modeling method, the accurate vibration response can be obtained and can accurately evaluate the rigidity of standard floor system with resilient materials. Therefore the proposed modeling method is of practical use for vibration analysis of floor system of apartment building.

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Linkage between Trade and SPS Measure through Establishment of Reasonable-Regulator Approach to Judicial Review : Focusing on US-Hormones Suspension Case (합리적 규제자 기준의 확립을 통한 무역과 위생검역조치의 조화 - US-Hormones Suspension 사건을 중심으로 -)

  • Lee, Ju-Young;Lee, Eun-Sup
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.403-431
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    • 2011
  • The environmental issues including domestic measures to protect public life or health are generally easy to bring the tension between the WTO and its member countries. The standard of review, whether de novo review, total deference, or somewhere in between, is largely important in the WTO's adjudicating mechanism because it is closely related to the appropriate balance of power between sovereign nations and the WTO: The multilateral trading regime, through the proper standard of review, could harmoniously operated without interest conflicts among the member countries and at the same time between the WTO and the member countries. Irrespective the important function of the standard of review in the WTO judicial system, applicable standard of review has not been established in the current SPS Agreement. Furthermore, the nature of the SPS Agreement related in scientific factors, such as scientific experiment, data and assessment prevents the WTO's panel from applying consistent standard of review. Considering the judicial demand for the moderate treatment of the case under the SPS Agreement, this paper explores appropriate standard of review applicable the SPS-related environmental measures, particularly, by analysing the recent SPS-related dispute, US-Hormones Suspension.

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Case Study on Treaty-Based Investor-State Arbitration and Environmental Litigations with Specific Reference to Chevron/Ecuador Litigation (환경 소송과 국제투자중재 - 쉐브론 사건을 중심으로)

  • Kang, Pyoung-Keun
    • Journal of Arbitration Studies
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    • v.25 no.4
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    • pp.3-23
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    • 2015
  • The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.