• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Proceedings of the KAIS Fall Conference
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• 2012.05a
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• pp.371-374
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• 2012

본 연구는 "사이클론과 관성충돌 및 백필터의 제진원리를 일체화한 고효율 멀티 제진시스템의 최적화 설계를 위한 수치 해석적 연구(I) : 집진기 입구 최적화 설계"에 이은 일련의 연구로서 앞선 연구에서 도출된 사이클론부 하단 벤츄리(Venturi)에서의 강한 하향 기류의 가속에 따른 분진 재비산 가능성에 대한 추가적 검토를 위한 연구이다. 사이클론부를 통과한 기류가 상향 흐름으로 방향을 전환할때 좀 더 가속시켜 빠르게 곡률반경을 형성하여 조대 입자의 분리를 극대화시키기 위한 목적으로 사이클론부 하단을 벤츄리 형상으로 설계하였으나, 유동장 분석 결과 벤츄리를 통과한 처리가스 흐름이 가속되면서 호퍼 하단까지 약 4~5 m/s의 강한 하향 흐름을 형성하고 호퍼 하부의 말단 부근에서 상향 흐름으로 방향 전환을 하고 있는 것으로 예측됨에 따라 설계 의도와는 달리 벤츄리 설치시 호퍼 하단에 포집된 분진의 재비산을 예방하는데는 크게 역할을 하지 못하는 것으로 나타났다.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.237-269
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• 2016

Asia-Pacific Space Cooperation Organization (APSCO) is the only intergovernmental space cooperation organization in Asia. Since its establishment to date, eight countries have signed the convention and become member states. South Korea participated actively in the preparatory phase of creating the organization, and one conference organized by AP-MCSTA which is the predecessor of APSCO was held in South Korea. However, after the APSCO Convention was opened for signature in 2005 to date, South Korea does not ratify the Convention and become a member. The rapid development of space commercialization and privatization, as well as the fastest growing commercial space market in Asia, provides opportunities for Asian countries to cooperate with each other in relevant space fields. And to participate in the existing cooperation framework (e.g., the APSCO) by the Asian space countries (e.g., South Korea) could be a proper choice. Even if the essential cooperation in particular space fields is challenging, joint space programs among different Asian countries for dealing with the common events can be initiated at the first steps. Since APSCO has learned the successful legal arrangements from ESA, the legal measures established by its Convention are believed to be qualified to ensure the achievement of benefits of different member states. For example, the regulation of the "fair return" principle confirms that the return of interests from the relevant programs is in proportion to the member's investment in the programs. Moreover, the distinguish of basic and optional activities intends to authorize the freedom of the members to choose programs to participate. And for the voting procedure, the acceptance of the "consensus" by the Council is in favor of protecting the member's interest when making decisions. However, political factors that are potential to block the participation of South Korea in APSCO are difficult to be ignored. A recent event is an announcement of deploying THAAD by South Korea, which causes tension between South Korea and China. The cooperation between these two states in space activities will be influenced. A long-standing barrier is that China acts as a non-member of the main international export control mechanism, i.e., the MTCR. The U.S takes this fact as the main reason to prevent South Korea to cooperate with China in developing space programs. Although the political factors that will block the participation of South Korea in APSCO are not easy to removed shortly, legal measures can be taken to reduce the political influence. More specifically, APSCO is recommended to ensure the achievement of commercial interests of different cooperation programs by regulating precisely the implementation of the "fair return" principle. Furthermore, APSCO is also suggested to contribute to managing the common regional events by sharing satellite data. And it is anticipated that these measures can effectively response the requirements of the rapid development of space commercialization and the increasing common needs of Asia, thereby to provide a platform for the further cooperation. In addition, in order to directly reduce the political influence, two legal measures are necessary to be taken: Firstly, to clarify the rights and responsibilities of the host state (i.e., China) as providing assistance, coordination and services to the management of the Organization to release the worries of the other member states that the host state will control the Organization's activities. And secondly, to illustrate that the cooperation in APSCO is for the non-military purpose (a narrow sense of "peaceful purpose") to reduce the political concerns. Regional cooperation in Asia regarding space affairs is considered to be a general trend in the future, so if the participation of South Korea in APSCO can be finally proved to be feasible, there will be an opportunity to discuss the creation of a comprehensive institutionalized framework for space cooperation in Asia.

• Journal of Korean Medical classics
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• v.30 no.3
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• pp.95-108
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• 2017

Objectives : The concept of hidden Yin in summer by Zhu Danxi deals with the relationship between summer heat disease and hidden yin inside of human body. This paper attempts to ponder upon the clinical issues around which the discussions regarding the topic unfolded, and upon the texts on which the doctors of the discussions based their opinions. Methods : First, Danxi's argument as discussed in $G{\acute{e}}zh{\grave{i}}y{\acute{u}}l{\grave{u}}n$ is analyzed to find out his understandings of clinical issues and his textual sources on which he based his new perspective. Moreover, the prescriptions that Danxi thought was problematic and the concept of hidden yin as it existed before the time of Danxi are reviewed, and these findings are used understand Zhangjingyue's ground of criticism against Danxi. Lastly, this paper contemplates how these opposing opinions may be helpful to the general principles of medical theories. Results & Conclusions : There was a trend before the time of Danxi of abusing drugs as prescription based on warm-heat, understanding that a human body has yin-cold during summer. However, Danxi brought forth a new concept of yin deficiency in order to correct people's misunderstanding. Despite his effort, Zhangjingyue and other doctors contemporary to Danxi emphasized on one hand that human body is placed on a state of external heat inside the cold, and on the another, criticized Danxi of failing to fully understand the principle of "Abandon the time and follow the symptoms", a principle which asserts that the cold and warm of medicine should be decided by the symptom itself and not by the season. The value of these contradicting assertions seems to hold true even to this day because it helps us understand that the principles of "Counting Season as a Treatment Factor" and "Abandon the time and follow the symptoms" could be applied with balance in conjunction with each other.

• Journal of the Korean Society of Hazard Mitigation
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• v.7 no.1 s.24
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• pp.67-72
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• 2007

A model for predicting potentials of land erosion and deposition over a natural basin was developed based on the mass balance principle. The program was developed based on sediment mass balance principle for each cell in a GIS. Sediment yield from a cell was estimated with RUSLE. The outflow sediment from a cell was calculated by multiplying the sediment yield of the cell by the sediment delivery ratio (SDR) of the cell. The outflow sediment from the upstream cell becomes the incoming sediment of the downstream cell. Therefore the erosion and deposition potential of each cell could be determined from the sediment mass balance i.e., the difference between the incoming and outflow of sediments of each cell. The developed model was validated by comparing the predicted sediment yields for three basins with measured data.

• Journal of Periodontal and Implant Science
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• v.23 no.3
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• pp.359-373
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• 1993

The ultimate objective of periodontal therapy is not only stopping the progression of periodontal disease, but also promoting the regeneration of lost periodontal tissue. Guided Tissue Regeneration, which is based on the principle that the goal of periodontal regeneration can be achieved by preventing apical migration of gingival epithelium and blocking cells originating from connective tissue, has been developed and used as a clinical procedure, and although it has shown excellent results in connective tissue healing, there have not been many studies showing its effect on the regeneration of alveolar bone loss due to periodontal disease. The objectives of this study are to investigate the result of 12 months-long treatment following guided tissue regeneration using expanded polytetrafluoroehylene membrane, and to observe the presence of regenerated alveolar bone. Forty-one teeth from 28 patients with clinical diagnosis of periodontitis has been selected. In fifteen of those interproximal intrabony defects, only flap operation had been carried out, and designated as the control group. Twenty-six intrabony defects received e-PTFE membrane following flap operation, and designated as the experimental group. Eleven teeth whose membrane had been exposed were excluded from the experiment. Various measurements including probing depth, loss of attachment, probing bone level and gingival recession have been recorded at 6th month and 12th month, and the significance of the changes has been analyzed. The results are as follows: 1. Probing depth at 6th and 12th month has shown a significant decrease in both groups (p<0.01), but significantly higher decrease was found in the experimental group compared to the control at the month(p<0.05). 2. Loss of attachment at 6th and 12th month has shown a significant decrease in both groups, but significantly higher decrease was found in the experimental group compared to the control (p<0.05). 3. Probing bone level at 6th and 12th month has shown a insignificant decrease in the control group and significant decrease in the experimental group (p<0.01). Significantly higher decrease in probing bone level was found in the experimental group (p<0.05). 4. Gingival recession at 6th and 12th month has shown a statistically significant increase (p<0.05), and the control group showed higher increase compared to the experimental group although no statistical significance was found. As these results have shown, the use of e-PTFE membrane in intrabony pockets results in marked decrease in the loss of attachment and probing bone level. This seems to indicate that e-PTFE membrane may play a role in alveolar bone regeneration in intrabony defects.

• Advances in pediatric surgery
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• v.12 no.2
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• pp.192-201
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• 2006

There are considerable controversies in the management of congenital diaphragmatic hernia. By 1997, early operation, routine chest tube on the ipsilateral side and maintainingrespiratory alkalosis by hyperventilation were our principles (period I). With a transition period from 1998 to 1999, delayed operation with sufficient resuscitation, without routine chest tube, and permissive hypercapnia were adopted as our practice. High frequency oscillatory ventilation (HFOV) and nitric oxide (NO) were applied, if necessary, since year 2000(period II). Sixty-seven cases of neonatal Bochdalek hernia from 1989 to 2005 were reviewed retrospectively. There were 33 and 34 cases in period I and II, respectively. The neonatal survival rates were 60.6 % and 73.5 %, respectively, but the difference was not significant. In period I, prematurity, low birth weight, prenatal diagnosis, inborn, and associated anomalies were considered as the significant poor prognostic factors, all of which were converted to nonsignificant in period II. In summary, improved survival was not observed in later period. The factors considered to be significant for poor prognosis were converted to be nonsignificant after change of the management principle. Therefore, we recommend delayed operation after sufficient period of stabilization and the avoidance of the routine insertion of chest tube. The validity of NO and HFOV needs further investigation.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• MALSORI
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• no.19_20
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• pp.58-87
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• 1990

According to Government Phonology, at 1 phonological positions save the domain's head must be licensed in order to appear in the syllable structure. A non-nuclear head is licensed by the following nucleus, and the nuclei with phonetic content are licensed through government by the nuclear head of the domain at the level of the nuclear projection. Therefore, in the theory of Government Phonology it is claimed that words always end with a nucleus. With regard to the licensing of empty nuclei, Kaye(1990a) proposes the 'Empty Category Principle' and its sub-theory of 'Projection Government'. Government Phonology claims that a nucleus which dominates a vowel that regularly undergoes elision in certain contexts is underlyingly empty. This underlying empty nucleus is not manifested phonetically when it is properly governed by an unlicensed(i, e, a nucleus filled with a full vowel). It is when proper government fails to apply, that the empty nucleus is phonetically Interpreted. The purpose of this paper is to present a principled account of the process of $[i]{\Leftrightarrow}{\emptyset}$ alternation in Korean. Following Kaye's proposal, we assume that [i] of Korean is underlyingly empty. This position is pronounced as [i] if it is unlicensed, and is not phonetically realized if is licensed. Empty nuclei ape devided into two categories: domain-internal and domain-final. Firstly, we consider the question why Korean has little word ending with [i]. As for this, ECP states that domain-final empty nuclei are not pronounced if the language licenses domain-final empty nuclei. Whether a final empty nucleus may occur in the structure is parametric variation. This property is seen from the fact that words may appear to end in consonants in this language. Since Korean abounds with words ending in a consonant, it licenses domain-final empty nuclei. Therefore, it is quite natural that Korean has little word ending with [i]. Secondly, word-internal empty nuclei of Korean respect proper government and inter-onset government. That is, an empty nucleus in word-internal position will be pronounced with the vowel [i] if either proper government or inter-onset government fail to apply. Inter-onset government refers to the government established between two onsets across an empty nucleus. Thirdly, we consider words ending with [i], which seems to be exceptional to the final licensing. Host of them are. either mono-syllabic verbs(for instance, [s'i-] 'to write') or derived adjectives ending with [p'i] (for instance, [kip'i-] 'be happy'). As for the former, the 'inaccessibility for proper government' is applied because the empty nucleus appears in the first syllable. In latter case, domain-final empty nuclei are pronounced as [i] because of government-licensing. That is, final empty nucleus is pronounced to license the preceding onset dominating negatively charmed segments which empty nucleus of Korean cannot license.

• Bulletin of the Korean Chemical Society
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• v.32 no.6
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• pp.1907-1911
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• 2011

A kinetic study is reported for nucleophilic substitution reactions of 4-pyridyl X-substituted benzoates 7a-e with a series of alicyclic secondary amines in H2O. The Br${\o}$nsted-type plot for the reactions of 4-pyridyl benzoate 7c is linear with ${\beta}_{nuc}$ = 0.71. The corresponding reactions of 2-pyridyl benzoate 6, which is less reactive than 7c, resulted in also a linear Br${\o}$nsted-type plot with ${\beta}_{nuc}$ = 0.77. The fact that the more reactive 7c results in a smaller ${\beta}_{nuc}$ value appears to be in accord with the reactivity-selectivity principle. The aminolysis of 7c has been suggested to proceed through a stepwise mechanism in which breakdown of the intermediate is the rate-determining step (RDS). The Hammett plot for the reactions of 7a-e with piperidine consists of two intersecting straight lines, i.e., ${\rho}_X$ = 1.47 for substrates possessing an electron-donating group (EDG) and ${\rho}_X$ = 0.91 for those possessing an electron-withdrawing group (EWG). In contrast, the corresponding Yukawa-Tsuno plot exhibits excellent linear correlation with ${\rho}_X$ = 0.79 and r = 0.56. Thus, it has been concluded that the nonlinear Hammett plot is not due to a change in the RDS but is caused by stabilization of the ground state of the substrates possessing an EDG through resonance interaction between the EDG and the C=O bond of the substrates.