• Journal of Arbitration Studies
• /
• v.22 no.3
• /
• pp.187-213
• /
• 2012

The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

• Journal of Korean Academy of Fundamentals of Nursing
• /
• v.8 no.3
• /
• pp.346-356
• /
• 2001

This paper describes a Q-methodological study on the Perception of comfort in hospital in-patients. The participants completed a 37-item Q sort made up of statements which could be ranked in terms of their relevance to the subjective meaning of comfort. Three interpretable types of comfort were identified through this Q study : Type I, positive medical action style, feel secure and satisfied when medical staff show a positive attitude towards them as patients. They put a high value on prompt responses from medical staff and physical aspects of care like non-invasive procedures or comfortable position. Type II, social relation style, experience a state of comfort when they perceive support or concern from medical staff, relatives or other patients suffering from similar diseases. They feel safe and secure when medical staff are kind and have a good reputation or when the size of the hospital is big enough, Type III, emotional wellbeing style, feel that hope for a healthy life or maintaining self-care activities are highly valuable. They feel safe and comfortable when their privacy is protected. They put worth on independent thinking, strong will, and emotional or psychological comfort. The results of this study can be used as a basis to develop nursing measures for comfort. Further studies on factors which influence perception of comfort and intervention strategies according to the above types of comfort need to be done.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.35 no.6
• /
• pp.21-28
• /
• 2008

This study deals with the participatory design process of renovating a children's park. The process should proceed with two major elements. Firstly, the children's park should be designed from the perspective of children. Secondly, it should be designed in consideration of the context of the community. This study is divided into two parts. First is the review of theory concerning the meaning and roles of the children's park as a community space, the importance of children's participation in the design and the participatory method of the children. The second is the case study. The site for the case study is Ssial Park in Nowon-Gu, Seoul. The entire process of the case study is with community participation, from identifying the park's problems to the actual construction. At every step, through the participatory programs, the community participates in the decision making. In addition, mutual understanding among participants is pursued through diverse means of communication. The following results of the case study were found. Firstly, diverse participatory programs and the active trial to enable the community to communicate contribute to the sense of ownership and responsibility concerning the park Secondly, the community can negotiate the differences in opinions without needing the help of experts. Of course, there are limits in the case study, such as the fact that the community organization, which is the core of communication and maintenance concerning the park, is not organized through the process of a case study. Another is that more diverse methods, which inform all community members of the participatory process, should have been used.

• Korean Journal of Cognitive Science
• /
• v.8 no.4
• /
• pp.19-33
• /
• 1997

Icon is a small graphic which represents a particular function in computer interface. Comprehension and learning of icons are needed for using them because they represent some meanings. This study was conducted to examine which were more important factors in using icons. First, representational characteristics of icons were examined. Second, using a eyetracker, the way of coding of redundant display was examined which removed obscurity of display and gave more meaning to a user. Icons using attribute of object and direct discription of action were more efficient than icons of other representational form in comprehension. Redundant display was proved to have some advantages, especially when the icons had low familarity. Visual information processing of icons were discussed according to familarity and learning.

• The Journal of the Korea Contents Association
• /
• v.10 no.4
• /
• pp.317-326
• /
• 2010

The respect for human dignity and worth is to purpose both the ideological premise and the guarantee of all the fundamental rights at the same time. Both freedom and rights which are necessary for obtaining those purposes should be guaranteed. "A human has dignity and worth as a human being" is that a nation exists for an individual between an individual and a nation. It declares democratic ideology. It becomes a ultimate standard to solve a problem of the interpretation of an article of a law and the effect of a law. The right to pursue one's happiness is necessary to persue one's happiness. The rights comprehensively covers even the freedom and the right without in an article of a law. It shows a positive rights like a social fundamental rights in a minimum level of a law. According to the precedent of the Constitutional Court, as the right to pursue one's happiness is in area of a common action, the free manifestation of the authoritative individuality, and self-determination in category, this study is to emphasize the importance of the right to pursue one's happiness throughout its meaning and the precedent of history legislation.

• Proceedings of the Korea Society for Industrial Systems Conference
• /
• 2007.02a
• /
• pp.87-96
• /
• 2007

Ubiquitous is a Latin-derived word meaning "to exist at any time and place" like water or air. In computing, the word "ubiquitous" indicates an environment in which users have access to networks without any limitation regarding computer networks or places. Important issues in building Ubiquitous Korea (U-Korea) are the social problems appearing with a rapid increase in the old age population. Nowadays, with the rise of the nuclear family, the increase in the number of elderly people living alone, and the change in the status of women, both wives and husbands are employed outside the home, and the relatives who would be responsible for supporting the elderly sometimes are on long or short business trips, and it happens that old people can't be looked after. Therefore the government developed a wireless paging system for the sick, disabled, old and weak so that when an emergency happens, by just simply dialing 119, an emergency aid center could take prompt action. However, the present wireless paging systems composing the under-layer of the emergency aid information system have some problems, such as, a lack of reliability, problems among terminals, mobile transmitters and receiving terminals, the users' refusal to admit the need for the system and poor operational skills, administrators' perfunctory management and checks, etc. On account of these problems, the system efficiency has degraded and therefore a system upgrade is necessary. In this paper, we attempt to evaluate the newly implemented SAFE119 system, a new wireless paging system seeking to correct the problems of the current system.

• Proceedings of the Korea Water Resources Association Conference
• /
• 2004.05b
• /
• pp.516-520
• /
• 2004

Stream Naturalness means the index of natural state in stream's ecosystem. The evaluation of stream naturalness can evaluate relatively the effect of environmental damages by human and to show how significantly current stream has been apart from its natural state. And it could be show what is the meaning of importance in stream's ecosystem by such distinctions and it Is done by showing the need how a large scale of action for restoration to be restored to natural state of stream system. In this study, a set of index for Stream Naturalness evaluation is proposed, which is referred to and modified problems with domestic and foreign study cases. This methodology is supposed to show well the characteristics of stream in Korea. A case study of Hong-Chun River shows how this methodology is applied to the Stream Naturalness evaluation. For improving the function of river which are water use and flood control and for preserving the function of inhabitation, the proposed methodology is expected to be used a index of direction for a environmental project related stream improvement by evaluation of ecologically sound function in streams.

• Korean Journal of Social Welfare
• /
• v.64 no.4
• /
• pp.89-111
• /
• 2012

Since the U.S. government officially accepted North Korean(NK) as refugees starting in 2006, about 120 North Koreans have come to and been living in the United States. However, little is known in regard to what the North Korean refugees need for a qualify life. This study aims to explore the essential experiences of North Korean defectors who have settled in the United States after escaping North Korea. Research inquiries are why North Korean refugees have chosen the United States for their settlement, and how they are living in the United States. Data were collected from in-depth interviews with eight NK refugees. For data analysis, grounded theory approach by Strauss and Corbin(1998) was employed. The data analysis identified the central phenomenon, protective and risk factors, and core actions and consequences of NK refugees' adjustment in the U.S. The central phenomenon was "voluntary choose to come to the U.S." The core action and consequences in the process of their adjustment were 'searching for the meaning of life,' and 'achieving acculturation.' The findings may provide deeper understanding on the situation of North Korean refugees in the U.S. and implications for how to help them adjust well in the society.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.40 no.4
• /
• pp.171-182
• /
• 2017

Most people seek a happy life and happiness positively affects sentiment, satisfaction with life, creativity, human relationship, business productivity, and even health and life extension. However, according to a survey in 2013, subjective happiness of adolescents (including university students) was very low compared to other age groups in Korea. Therefore this paper examined the effects of job-seeking stress, appearance recognition, financial situation, trust in government, and locus of control on university students' happiness using SEM (structural equation modeling). 207 university students in Seoul, Korea have been surveyed. At first, an initial experimental SEM model among these variables has been set up and reliability analysis has been conducted. Then multiple regression analyses on job-seeking stress and happiness as well as SEM analysis have been conducted. As a result of these analyses, the SEM model has been revised two times. The final SEM model passed the goodness-of-fit test (using RMR, GFI, NFI, CFI, and IFI indices). The final SEM model showed the followings. First, Higher job-seeking stress (especially sentimental part, rather than environment or action related parts) negatively affects happiness. Second, Trust in government also affects happiness both directly and indirectly. Third, Locus of control is affected both by trust in government and financial situation. Fourth, appearance recognition heavily affects job-seeking stress. In addition, appearance importance is higher than appearance interest, meaning that students who are not very interested in appearance usually recognize the importance of appearance. Finally, happiness is affected neither financial situation nor appearance recognition. Therefore, even either they are in a poor financial situation or not happy with their appearance, they can be happy if they have firm locus of control.

• Journal of Digital Convergence
• /
• v.12 no.3
• /
• pp.377-382
• /
• 2014

Culture of Latin cultura culture derived from a translation of the original meaning of words was farming and cultivation, culture, art and later became the will of. British anthropologist E. B. Tyler book "primitive cultures, Primitive Culture" (1871) Culture in the "knowledge. Beliefs Arts. Morality. Law. Practices, including as a member of human society acquired the totality of skills or habits," he gave the definition. Culture can be seen in the human reason, of the form of action, not genetic thing by playing by learning to learn from the community and received the whole thing says. Thus, the prevalence of active cultural power of vigorous training is possible can. In this sense, our ceramic culture also reaffirming the importance of education and the reorganization is needed. Culture and what it takes to become a force larger than the act of teaching. Who supply the consumer with the culture and the sharing of feelings that can be read properly considering the skater to the consumer unless the formation of culture is impossible. In this regard, this study realized the importance of education and culture, as the current situation in our country and the activation of ceramic craft education is to provide.