• Journal of Navigation and Port Research
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• v.33 no.5
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• pp.295-301
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• 2009

Recently, considerable number of bridges crossing over navigable waterways are under construction for the connection of coastal islands with mainland and the optimization of logistic system However, the most planned bridges have been initiated without paying much attention to ships safety aspects but with great emphasis on the economic factors, it has often been confronted with difficult social issues arising from opposing views and conflicts between building bodies and affected port users. The main reason for the conflicts is the lack of standards or specifications on the bridge design The proper location and scale of sea bridges are suggested in this paper considering fairway design criteria of both domestic and foreign countries, status analysis on the designs of existing and planned bridges, investigation findings of bridge-related marine accidents, the views of pilots and navigators collected through questionnaire. Since there is no general domestic or international design rules on bridge's scale, the design standards proposed in this paper may be useful at initial design stage of bridge.

• International Journal of Highway Engineering
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• v.9 no.4
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• pp.83-92
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• 2007

In 2004, the number of traffic crashes and deaths in Korea are 220,755 and 6,563, respectively. Korea Road Traffic Safety Authority reported that the number of traffic accidents occupies over 25% out of total accidents, and found that traffic crash probability is extremely high at intersections since intersections have various traffic conflict points. A Safety study using Traffic Conflict Technique is much more useful than a study using reported traffic accident data. Existing traffic conflict research hardly considered conflict severity occurring at intersections. So, the study developed new criteria considering conflict severity. Analytic methods precisely detecting crashing points using field surveying data, and applied an application of our new criteria. Opposing left-turn conflict criteria was devided by three groups(high severe conflict, middle severe conflict, and less severe conflict) based on conflict boundary by means of a standard vehicle length. After analyzing field surveying data(3hours), we found totally 41 opposing left-turn conflicts. 3 cases are high severe conflict, and another 10 cases are middle severe conflicts, and the other cases are less severe. Studies related in conflict severity are considerably important to evaluate intersection's detailed safety index, and existing studies(purely conflict counting does not consider severity) have a limitation to clearly determine the level of safety of intersections for an application.

• Convergence Security Journal
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• v.20 no.4
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• pp.227-236
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• 2020

Peacekeeping operations (PKO), which were based mainly on military operations in the Cold War era, have become diverse in the post-Cold War era. The history of the PKO of Korean police began in 1994 as two policemen were deployed to Somalia for rebuilding law and order in this country, but the role of Korean police in PKO has been limited so far, compared to that of Korean military. At this point when global conflicts escalate does the UN urge its 193 member states to conduct diverse PKO. In particular, maintaining law and order as the primary duty of police is required strictly for law enforcement while the warring country is being rebuilt. In this regard, some member states such as US, China, and Germany have deployed police force in order to play its role in a direct or indirect manner. On the contrary, the extent of the contribution of Korean police in PKO is too insignificant to measure. To this end, here in the present study were analyzed first the trend of global conflicts and the circumstance of law and order in the conflict regions. Then the PKO of police from countries including Republic of Korea, US, China, and Germany were compared, and so was the chronological change of PKO. Last, a measure to expand the capacity of Korean police and for its active role in PKO was proposed.

• Journal of Korea Trade
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• v.27 no.3
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• pp.21-42
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• 2023

Purpose - This paper investigates the trade effect of the Korea-China Free Trade Agreement (KCFTA) which coincides with political conflicts between the two countries due to the deployment of the Terminal High Altitude Area Defense (THAAD) in Korea. The two events occurred in the same year and both are likely to affect trade between two countries but in opposite directions. Therefore, it is crucial to distinguish between the trade effects from the KCFTA event and those from the THAAD event to evaluate the true FTA effects. However, this would be difficult when using only annual data. Accordingly, ex post studies to examine the trade effects of KCFTA are lacking in trustworthiness while many ex ante studies that conjecture the positive trade effects neglect the THAAD deployment impact. This paper aims to fill that gap. Design/methodology - Given that the KCFTA and THAAD events occurred in the same year but in different months, we use the monthly data from 2000 to 2019 of Korea's exports to bracket this period. We employ the difference-in-difference (DID) method within a gravity equation specification that uses hi-dimensional fixed effects to address various endogeneity issues and seasonal effects. We identify the net impact of KCFTA ratification from these two near-simultaneous events to quantify the effects of trade liberalization between these two countries. Findings - After isolating the THAAD effects on trade, the analysis creates a positive and statistically significant coefficient estimate of the KCFTA impact. In contrast, failing to isolate the THAAD effect produced a negative and statistically significant coefficient estimate of the KCFTA impact. Our results indicate that KCFTA independently increased Korea's exports to China by 10.2%, but that this increase was fully mitigated by the THAAD event. Further, our results verify that unobserved heterogeneity and multilateral resistance are technically difficult to account for in those estimations as that rely solely upon annual data, as this type of data are inadequate to control for the potential for endogeneity. Originality/value - This paper is one of the first studies to carefully evaluate the net trade effects of the KCFTA on Korea's largest trading partner while isolating the impact of simultaneously occurred political events that may influence trade in opposing directions. Our findings indicate that the lack of prior evidence of positive trade effects of the KCFTA when using annual data may be attributed to a failure to identify the impact of each event separately. This analysis supports using the correct modeling specification to avoid misleading conclusions when evaluating any important international trade policy.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.41-64
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• 2003

This paper describes the liability regime of the air carrier under the Montreal Convention of 1999 for the international cargo, comparing to those of the existing Warsaw system. Also this paper deals with main issues of the Montreal Convention which are relevent for the carrier's liability in the carriage of the air cargo. The Warsaw Convention was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975, and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. The air carrier is liable by application of principle of strict liability as stated in the Montreal Convention : The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air, and the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. However, the Montreal Convention has some outstanding issues with respect to the liability of the air carrier : potential conflicts between the Montreal Convention and the Warsaw Convention, the amounts of limits of the carrier's liability, the duration of the carrier's liability, the exessive litigation, and the aviation insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

• International Commerce and Information Review
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• v.19 no.4
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• pp.53-74
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• 2017

There have been growing concerns that Korea's products keep losing their international competitiveness. It is necessary to restore strong muscles of manufacturing sectors. Together, efforts must be made to strengthen the competitiveness of service sector. While wide consensus has been reached on the necessity that Korea's service sector needs overhaul for stronger global competitiveness, it is rather difficult to witness any remarkable improvements. Insufficient performances might result from the protection of the captive markets by the interested parties. The research starts from the proposition that the introduction of MDP will bring down the barriers between the segmented services and promote competition. We provide theoretical analyses and report better performances of major countries which introduced MDP in their soils. Considering the reality, we propose that in the foreseeable future, a MDP in the areas of tax, law and accounting be introduced in Korea because these areas seem to create least conflicts of disciplinary duties due to public purposes. Broader MDPs in other areas may take some more time. There exist, however, some limitations. As MDP has not been officially introduced in Korea, it is almost impossible to directly compare the performances between the pre- and post-MDP in Korea. Data scarcity of business performances of companies also limits the study.

• Journal of National Security and Military Science
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• s.8
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• pp.239-270
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• 2010

This thesis is to make an appropriate national defense policy of Republic of Korea through studying the Hegemony Strategy of United States. I searched the theory of hegemony. The hegemony was differently defined by the point of time and region. The strong power nations with the hegemony have been making efforts to maintain their hegemony everytime. I have conclusion that the presence of hegemony once emerged, it brought regional stability in place whether it is coercive or beneficial. The stability and instability of international order IS not exclusively dependent on hegemony. Even if the safety of hegemony cannot guarantee absolute stability of international order, there IS on doubt that the hegemony has enormous impact on that. According to the hegemonic theory, the history of mankind equals to the history of rising and falling hegemony. The international order was changed as the hegemony changes. The United States has been making efforts to maintain her global hegemony during the post cold-war era as well. Taking all these into consideration, relevant military strategy direction able to pursue national interest is that to make up for the relative weakness in the strategic environment. South Korea have to prepare security policy response as following. First, South Korea should build the military force equipped with advanced weapons in military technology sector and solidify military diplomatic relation able to form cooperative relation in wartime. Second, South Korea should make solid Alliance of Korea and U.S. Third, develop and maintain multilateral security cooperation of East Asia. Forth, we could realize that there are means that can neutralize opponent's strong point by seeking one or two and more asymmetry in the aspect of strategy, tactics, and means through asymmetric strategy. Than the military force of South Korea should develop into a force that is able to overcome to the traditional North Korea's threat and new type of conflicts. And the force should have sufficient strength and be deployed to effectively defend the Korean Peninsula. So, we need to establish a denial and defense system against any hostile neighboring country. Therefore, ROK military forces preparing for the future should try to construct a future military power to gradually establish enough strength for self-defense to prepare for a uncertain security environment and when the Korean Peninsula is unified in a future.

• Strategy21
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• s.44
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• pp.323-351
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• 2018

Adopted in Western Pacific Naval Symposium(WPNS) 2014, Code for Unplanned Encounters at Sea(CUES) has been the most valuable output of WPNS history. Written and suggested by Australian Navy in 1999, the goal of CUES is to decrease the possibility of the naval conflict by establishing the code among international navies in the Western Pacific region. Facing many oppositions and requirement of People's Liberation Army Navy(PLAN) in WPNS 2012 and 2013, but it finally adopted in WPNS 2014, with many changes in detailed provisions. From then, navies in the Western Pacific region have followed CUES to prevent maritime conflicts in the region, CUES, however, sometimes does not work correctly. Contents of CUES is the mixture of the parts of Multinational Maritime Tactical Signal and Maneuvering Book(MTP) and International Regulations for Preventing Collision at Sea 1972(CORLEGs). There are means of radio communications such as frequency and signals, instructions for maneuvering and so on. Thus, it is not a new document for the U.S. Navy and its allies, but it requires training to implicate at sea for navies other than U.S. allies, like PLAN. Lots of provisions in CUES were changed because of the opposition of PLAN, and CUES has many shortcomings and practical limitations. First, since CUES is non-legally binding, and there are no methods to force the naval assets on the sea to follow. Second, CUES is only applied to naval assets; naval ships - warships, naval auxiliaries, and submarines - and naval aircraft. Third, the geographical scope in CUES is not clear. Fourth, there is no provision for submerged submarines. Finally, CUES has no time-based framework or roadmap for training. In this regard, there would be six recommendations for improvement. First, CUES should be reviewed by WPNS or other international institutions, while keeping non-binding status so that WPNS could send signals to the navies which do not answer CUES on the sea. Second, the participation of Maritime Law Enforcements(MLEs) such as coast guard is inevitable. Third, navies would use full text of MTP rather than current CUES, which extracts some parts of MTP. Fourth, CUES needs provisions with respect to submerged submarines, which recognizes as offensive weapons themselves. Fifth, the geographic scope of CUES should be clear. Since there are some countries in which claim that a rock with a concrete structure is their territory, CUES should be applied on every sea including EEZ and territorial seas. Finally, the detailed training plan is required to implicate CUES at sea. Rim of the Pacific (RIMPAC) is a good exercise to train CUES, because almost all WPNS member countries except six countries are participating in RIMPAC. CUES is a meaningful document not only for navies but also for nation-states in the region. To prevent escalation of conflict in the region, potentially caused by an unplanned collision at sea, CUES should be applied more strictly. CUES will continue to be in subsequent WPNS and therefore continue to improve in the effectiveness as both an operational and diplomatic agreement.