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Outsider Trading Regulation under the Capital Markets Act (자본시장법상 외부자거래의 규제와 개선방안)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.41
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    • pp.367-399
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    • 2011
  • This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.53
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    • pp.419-454
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    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

Recent Progress in Air-Conditioning and Refrigeration Research : A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2015 (설비공학회 분야의 최근 연구 동향 : 2015년 학회지 논문에 대한 종합적 고찰)

  • Lee, Dae-Young;Kim, Sa Ryang;Kim, Hyun-Jung;Kim, Dong-Seon;Park, Jun-Seok;Ihm, Pyeong Chan
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.28 no.6
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    • pp.256-268
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    • 2016
  • This article reviews the papers published in the Korean Journal of Air-Conditioning and Refrigeration Engineering during 2015. It is intended to understand the status of current research in the areas of heating, cooling, ventilation, sanitation, and indoor environments of buildings and plant facilities. Conclusions are as follows. (1) The research works on the thermal and fluid engineering were carried out in the areas of flow, heat and mass transfer, cooling and heating, and air-conditioning, the renewable energy system and the flow inside building rooms. Research issues dealing with air-conditioning machines and fire and exhausting smoke were reduced. CFD seems to be spreading to more research areas. (2) Research works on heat transfer area were carried out in the categories of heat transfer characteristics, pool boiling and condensing heat transfer and industrial heat exchangers. Researches on heat transfer characteristics included the economic analysis of GHG emission, micro channel heat exchanger, effect of rib angle on thermal performance, the airside performance of fin-and-tube heat exchangers, theoretical analysis of a rotary heat exchanger, heat exchanger in a cryogenic environment, the performance of a cross-flow-type, indirect evaporative cooler made of paper/plastic film. In the area of pool boiling and condensing, the bubble jet loop heat pipe was studied. In the area of industrial heat exchangers, researches were performed on fin-tube heat exchanger, KSTAR PFC and vacuum vessel at baking phase, the performance of small-sized dehumidification rotor, design of gas-injection port of an asymmetric scroll compressor, effect of slot discharge-angle change on exhaust efficiency of range hood system with air curtain. (3) In the field of refrigeration, various studies were carried in the categories of refrigeration cycle, alternative refrigeration/energy system, system control. In the refrigeration cycle category, a cold-climate heat pump system, $CO_2$ cascade systems, ejector cycles and a PCM-based continuous heating system were investigated. In the alternative refrigeration/energy system category, a polymer adsorption heat pump, an alcohol absorption heat pump and a desiccant-based hybrid refrigeration system were investigated. In the system control category, turbo-refrigerator capacity controls and an absorption chiller fault diagnostics were investigated. (4) In building mechanical system research fields, eighteen studies were reported for achieving effective design of the mechanical systems, and also for maximizing the energy efficiency of buildings. The topics of the studies included energy performance, HVAC system, ventilation, and renewable energies, piping in the buildings. Proposed designs, performance tests using numerical methods and experiments provide useful information and key data which can improve the energy efficiency of the buildings. (5) The field of architectural environment was mostly focused on indoor environment and building energy. The main researches of indoor environment were related to the user and location awareness technology applied dimming lighting control system, the lighting performance evaluation for light-shelves, the improvement evaluation of air quality through analysis of ventilation efficiency and the evaluation of airtightness of sliding and LS window systems. The subjects of building energy were worked on the energy saving estimation of existing buildings, the developing model to predict heating energy usage in domestic city area and the performance evaluation of cooling applied with economizer control. The studies were also performed related to the experimental measurement of weight variation and thermal conductivity in polyurethane foam, the development of flame spread prevention system for sandwich panels, the utilization of heat from waste-incineration facility in large-scale horticultural facilities.

Data collection strategy for building rainfall-runoff LSTM model predicting daily runoff (강수-일유출량 추정 LSTM 모형의 구축을 위한 자료 수집 방안)

  • Kim, Dongkyun;Kang, Seokkoo
    • Journal of Korea Water Resources Association
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    • v.54 no.10
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    • pp.795-805
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    • 2021
  • In this study, after developing an LSTM-based deep learning model for estimating daily runoff in the Soyang River Dam basin, the accuracy of the model for various combinations of model structure and input data was investigated. A model was built based on the database consisting of average daily precipitation, average daily temperature, average daily wind speed (input up to here), and daily average flow rate (output) during the first 12 years (1997.1.1-2008.12.31). The Nash-Sutcliffe Model Efficiency Coefficient (NSE) and RMSE were examined for validation using the flow discharge data of the later 12 years (2009.1.1-2020.12.31). The combination that showed the highest accuracy was the case in which all possible input data (12 years of daily precipitation, weather temperature, wind speed) were used on the LSTM model structure with 64 hidden units. The NSE and RMSE of the verification period were 0.862 and 76.8 m3/s, respectively. When the number of hidden units of LSTM exceeds 500, the performance degradation of the model due to overfitting begins to appear, and when the number of hidden units exceeds 1000, the overfitting problem becomes prominent. A model with very high performance (NSE=0.8~0.84) could be obtained when only 12 years of daily precipitation was used for model training. A model with reasonably high performance (NSE=0.63-0.85) when only one year of input data was used for model training. In particular, an accurate model (NSE=0.85) could be obtained if the one year of training data contains a wide magnitude of flow events such as extreme flow and droughts as well as normal events. If the training data includes both the normal and extreme flow rates, input data that is longer than 5 years did not significantly improve the model performance.

A Study on Optimization of Nitric Acid Leaching and Roasting Process for Selective Lithium Leaching of Spent Batreries Cell Powder (폐 배터리 셀 분말의 선택적 리튬 침출을 위한 질산염화 공정 최적화 연구)

  • Jung, Yeon Jae;Park, Sung Cheol;Kim, Yong Hwan;Yoo, Bong Young;Lee, Man Seung;Son, Seong Ho
    • Resources Recycling
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    • v.30 no.6
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    • pp.43-52
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    • 2021
  • In this study, the optimal nitration process for selective lithium leaching from powder of a spent battery cell (LiNixCoyMnzO2, LiCoO2) was studied using Taguchi method. The nitration process is a method of selective lithium leaching that involves converting non-lithium nitric compounds into oxides via nitric acid leaching and roasting. The influence of pretreatment temperature, nitric acid concentration, amount of nitric acid, and roasting temperature were evaluated. The signal-to-noise ratio and analysis of variance of the results were determined using L16(44) orthogonal arrays. The findings indicated that the roasting temperature followed by the nitric acid concentration, pretreatment temperature, and amount of nitric acid used had the greatest impact on the lithium leaching ratio. Following detailed experiments, the optimal conditions were found to be 10 h of pretreatment at 700℃ with 2 ml/g of 10 M nitric acid leaching followed by 10 h of roasting at 275℃. Under these conditions, the overall recovery of lithium exceeded 80%. X-ray diffraction (XRD) analysis of the leaching residue in deionized water after roasting of lithium nitrate and other nitrate compounds was performed. This was done to determine the cause of rapid decrease in lithium leaching rate above a roasting temperature of 400℃. The results confirmed that lithium manganese oxide was formed from lithium nitrate and manganese nitrate at these temperatures, and that it did not leach in deionized water. XRD analysis was also used to confirm the recovery of pure LiNO3 from the solution that was leached during the nitration process. This was carried out by evaporating and concentrating the leached solution through solid-liquid separation.

Evaluation of the Usefulness of the Transmittance of Metal Filaments Fabricated by 3D Printers in Radiation Therapy (방사선 치료에서 3D 프린터로 제작된 금속 필라멘트의 투과율에 관한 유용성 평가)

  • Kwon, Kyung-Tae;Jang, Hui-Min;Yoon, Myeong-Seong
    • Journal of the Korean Society of Radiology
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    • v.15 no.7
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    • pp.965-973
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    • 2021
  • Since radiation therapy is irradiated with high-energy X-rays in a variety of at least 20 Gy to 80 Gy, a high dose is administered to the local area where the tumor is located, and various side effects of some normal tissues are expected. Currently, in clinical practice, lead, a representative material, is used as an effort to shield normal tissues, but lead is classified as a heavy metal harmful to the human body, and a large amount of skin contact can cause poisoning. Therefore, this study intends to manufacture a measurement sheet that can compensate for the limitations of lead using the materials Tungsten, Brass, and Copper of the 3D printer of the FDM (Fused Deposition Modeling) method and to investigate the penetration performance. Tungsten mixed filament transmission measurement sheet size was 70 × 70 mm and thickness 1, 2, 4 mm using a 3D printer, and a linear accelerator (TrueBeam STx, S/N: 1187) was measured by irradiating 100 MU at SSD 100 cm and 5 cm in water using a water phantom, an ion chamber (FC-65G), and an elcetrometer (PTW UNIDOSE), and the permeability was evaluated. As a result of increasing the measurement sheet of each material by 1 mm, in the case of Tungsten sheet at 3.8 to 3.9 cm in 6 MV, the thickness of the lead shielding body was thinner than 6.5 cm, and in case of Tungsten sheet at 4.5 to 4.6 cm in 15 MV. The sheet was thinner than the existing lead shielding body thickness of 7 cm, and equivalent performance was confirmed. Through this study, the transmittance measurement sheet produced using Tungsten alloy filaments confirmed the possibility of transmission shielding in the high energy region. It has been confirmed that the usability as a substitute is also excellent. It is thought that it can be provided as basic data for the production of shielding agents with 3D printing technology in the future.

3D Histology Using the Synchrotron Radiation Propagation Phase Contrast Cryo-microCT (방사광 전파위상대조 동결미세단층촬영법을 활용한 3차원 조직학)

  • Kim, Ju-Heon;Han, Sung-Mi;Song, Hyun-Ouk;Seo, Youn-Kyung;Moon, Young-Suk;Kim, Hong-Tae
    • Anatomy & Biological Anthropology
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    • v.31 no.4
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    • pp.133-142
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    • 2018
  • 3D histology is a imaging system for the 3D structural information of cells or tissues. The synchrotron radiation propagation phase contrast micro-CT has been used in 3D imaging methods. However, the simple phase contrast micro-CT did not give sufficient micro-structural information when the specimen contains soft elements, as is the case with many biomedical tissue samples. The purpose of this study is to develop a new technique to enhance the phase contrast effect for soft tissue imaging. Experiments were performed at the imaging beam lines of Pohang Accelerator Laboratory (PAL). The biomedical tissue samples under frozen state was mounted on a computer-controlled precision stage and rotated in $0.18^{\circ}$ increments through $180^{\circ}$. An X-ray shadow of a specimen was converted into a visual image on the surface of a CdWO4 scintillator that was magnified using a microscopic objective lens(X5 or X20) before being captured with a digital CCD camera. 3-dimensional volume images of the specimen were obtained by applying a filtered back-projection algorithm to the projection images using a software package OCTOPUS. Surface reconstruction and volume segmentation and rendering were performed were performed using Amira software. In this study, We found that synchrotron phase contrast imaging of frozen tissue samples has higher contrast power for soft tissue than that of non-frozen samples. In conclusion, synchrotron radiation propagation phase contrast cryo-microCT imaging offers a promising tool for non-destructive high resolution 3D histology.

A musical study on Kangwon Sangkangrye - Focusing on the perfoming style of Chogye Order - ('강원상강례(講院上講禮)'의 음악적 연구 - 조계종을 중심으로 -)

  • Cha, Hyoung-Suk
    • (The) Research of the performance art and culture
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    • no.37
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    • pp.391-435
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    • 2018
  • This is the first study in Musicology that discusses the features of Kangwon Sangkangrye(the pre-lecture ritual in Buddhism). In this thesis, I reviewed and compared the similarity and uniqueness between Kangwon Sangkangrye in "Seokmunuibom" and the one being performed these days. The musical relation between the performance shown in the historical record and the one in contemporary ritual was illustrated here based on the findings derived from the anlaysis on its bell(小鐘) performance. The analysis made upon musical sources recorded on-site shows the characteristics of contemporary Kangwon Sangkangrye. Following is a brief summary of this study. The review and comparison between Kangwon Sangkangrae in "Seokmunuibom" and the one being performed these days showed that the second type, which was significantly different from the first type, was closer to that of the historical record. The performers at Unmunsa Temple and Chungamsa Temple seemed to be following the tradition bell(小鐘) performance style which was found in the text of the historical record. Through the analysis on Kangwon Sangkangrae, I found that it has musical characteristics as follows. The vocal range of type 1 and type 2 was mostly performed within Minor 7th and didn't exceed the perfect 8th. The melodic structure of type 1 starts with do'-la of naedeureum and ended with the melody which downscaled from do' and finalized from mi to la. Usually the mode was in menari-tori but at some lecture halls a few cases found to be upscaled from sol to la which differentiates it from the typical menari-tori of folk songs. Like the typical way of traditional rites, the singing was divided into two parts: the leading call and the following choral response. Most were sung to be one syllable on one or two tones or one syllable lasting for several tones and the musical forms were varied by musical pieces. Meantime, Sangkangrae at Haeinsa Temple was differed from that of the other temples in terms of ritual procedure and vocal style. It added Korean version of and the lead vocal skipped the first phrase of the Sasul. The melodic structure of Type 2 started with do'-la of naedeureum and was finalized as the same way of Type 1. The mode of was not the same as typical menari-tori but the Jeongrye(prostration) and Balweon(a great vow) were identical to the menari-tori of folk songs. The singing was done in two forms, solo and unison, and the lyric-attachment of Gesong was one syllable for one or two tones and that of Jeongrye and Balweon were one syllable for one or two tones + one syllable for several tones. The musical form of Jeongrye is A-B-C and A-C. Balweon didn't display a certain periodicity but still maintained sense of unity and formality through repetition of the finalizing melody.

Changes in prevalence of obesity according to gender in Korea adults: Using a population-based Korea National Health Check-up Database, 2011-2013 (우리나라 성인의 성별에 따른 비만유병률의 변화 : 국민건강보험 건강검진(2011-2013) 자료 이용)

  • Choi, Oh-Jong;Cho, Sung-Il
    • Korean Public Health Research
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    • v.44 no.4
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    • pp.87-97
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    • 2018
  • Background: Recently, the prevalence of obesity (body mass index [BMI] ${\geq}25kg/m^2$) has been increasing rapidly worldwide over a short period. In Korea, the prevalence of obesity has also increased rapidly due to the rapid socio-economic development and lifestyle changes, with differing patterns according to gender. This study aimed to compare the change in obesity prevalence according to gender among the adult population in Korea using representative data, the National Health Check-up Database (NHCD), to follow-up individuals who had undergone checkups during both years in Korea (2011~2013). Methods: To analyze the changes in obesity prevalence in the recent two years, data regarding men and women who had undergone health check-ups in both two years (2011, 2013) were extracted. The final study population comprised 144,934 persons: 83,604 (58%) males and 61,330 (42%) females. Chi-square test within a univariate analysis, and the level of factor difference was verified with t-test, one-way ANOVA and multiple comparison. Results: In 2011, one out of three participants was obese (BMI ${\geq}25kg/m^2$; male, 37.7%; female, 27.3%) and more than half of the subjects were overweight (BMI ${\geq}23kg/m^2$; male, 65.6%; female, 50.4%) requiring obesity management. For the two years, the BMI of the participants significantly increased (p < .0001) and the prevalence of obesity increased among both males and females. The prevalence of obesity was higher among both genders with a longer duration of smoking, more smoking, family history of hypertension, and family history of diabetes. However, residence, income level, drinking status, psychiatric disorder, disability status and severity of disability were the opposite gender. Conclusion: In the analysis of data, the prevalence of obesity among both men and women was increasing. The degree of change in the prevalence of obesity among men and women was different in each variable. Thus, it will need to consider gender in developing health policies for obesity mediation and to provide integrated healthcare and management for those people.

Development of a Classification Method for Forest Vegetation on the Stand Level, Using KOMPSAT-3A Imagery and Land Coverage Map (KOMPSAT-3A 위성영상과 토지피복도를 활용한 산림식생의 임상 분류법 개발)

  • Song, Ji-Yong;Jeong, Jong-Chul;Lee, Peter Sang-Hoon
    • Korean Journal of Environment and Ecology
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    • v.32 no.6
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    • pp.686-697
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    • 2018
  • Due to the advance in remote sensing technology, it has become easier to more frequently obtain high resolution imagery to detect delicate changes in an extensive area, particularly including forest which is not readily sub-classified. Time-series analysis on high resolution images requires to collect extensive amount of ground truth data. In this study, the potential of land coverage mapas ground truth data was tested in classifying high-resolution imagery. The study site was Wonju-si at Gangwon-do, South Korea, having a mix of urban and natural areas. KOMPSAT-3A imagery taken on March 2015 and land coverage map published in 2017 were used as source data. Two pixel-based classification algorithms, Support Vector Machine (SVM) and Random Forest (RF), were selected for the analysis. Forest only classification was compared with that of the whole study area except wetland. Confusion matrixes from the classification presented that overall accuracies for both the targets were higher in RF algorithm than in SVM. While the overall accuracy in the forest only analysis by RF algorithm was higher by 18.3% than SVM, in the case of the whole region analysis, the difference was relatively smaller by 5.5%. For the SVM algorithm, adding the Majority analysis process indicated a marginal improvement of about 1% than the normal SVM analysis. It was found that the RF algorithm was more effective to identify the broad-leaved forest within the forest, but for the other classes the SVM algorithm was more effective. As the two pixel-based classification algorithms were tested here, it is expected that future classification will improve the overall accuracy and the reliability by introducing a time-series analysis and an object-based algorithm. It is considered that this approach will contribute to improving a large-scale land planning by providing an effective land classification method on higher spatial and temporal scales.