• 한국중재학회지:중재연구
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• 제22권2호
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• pp.103-124
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• 2012

Because the Korea-U.S. Free Trade Agreement (Korea-U.S. FTA) and the North American Free Trade Agreement (NAFTA) have an overlapping contracting party, the United States, their provisions have much in common. The investment chapters of these agreements, especially, show many similarities, and thanks to these similarities, it is likely that the Korea-U.S. FTA arbitration tribunal for investor-state disputes regarding the environment will put great weight on the NAFTA tribunals' interpretations of those similar provisions. Since the NAFTA tribunals have already handled many environment-related arbitration cases, their interpretations will help heighten the predictability of environment-related Korea-U.S. FTA arbitration cases. This paper analyzes the environment-related NAFTA cases in which the tribunal has issued an award, which are the Metalclad case, S.D. Myers case, Waste Management case, Methanex case, Glamis Gold case, and Chemtura case. According to this analysis, the most controversial NAFTA provisions have been Article 1102 (national treatment), Article 1105 (minimum treatment standard, fair and equitable treatment), and Article 1110 (expropriation). The NAFTA tribunals applied the requirement of these articles in a strict manner, reducing the possibility of finding a violation. After the aforementioned analysis, this paper proceeds to compare the national treatment, minimum treatment standard (fair and equitable treatment), and expropriation provisions of the Korea-U.S. FTA and NAFTA and to predict the impact that the environment-related awards under NAFTA can have on environment-related Korea-U.S. FTA cases. It is expected that the NAFTA interpretations of the national treatment and minimum treatment provisions are likely be used as they are, but not the interpretations of expropriation, because of the differences in the expropriation provisions of the two agreements.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.187-213
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• 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.

• 무역상무연구
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• 제57권
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• pp.61-78
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• 2013

The purpose of this study is to clarify the standard of fair and equitable treatment. Although most international investment treaties prescribe fair and equitable treatment that is the obligation to provide fair and equitable treatment to foreign investor, there is no clear definition and specific elements of fair and equitable treatment. Through the arbitral award cases we can find that tribunals have interpreted to include six principles; Due process & Protection from denial of justice, Good faith, Reasonableness & Nondiscrimination, Compliance with contractual obligation, Full protection and security, Transparency & Protection of the investor's legitimate expectations. This study suggest that host countries and investors focus on international trends concerning investment disputes in order to avoid future disputes. So future disputes can be prevented and prepared in advance.

• 의료법학
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• 제14권1호
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• pp.209-236
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• 2013

The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

• 지능정보연구
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• 제20권4호
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• pp.141-154
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• 2014

최근 재무제표분석을 통하여서 기업을 진단하려고 하는 다양한 학문적인 연구와 실질적인 적용이 실행되고 있다. 특히, 최근 새롭게 변경된 회계기준인 한국채택 국제회계기준(K-IFRS: Korea - International Financial Reporting Standards)에 따라서 제무제표분석에도 변화가 발생하고, 그에 따라서 기업 진단도 새롭게 변화되어야 하는 상황이 되었다. 이에 현재, 금융권에서도 관심을 갖고 있는 매출채권 처리의 변화에 따라서 발생하는 재무제표상의 진단 및 분석을 반영하여서 처리하는 새로운 진단모형의 필요성이 대두되었다. 특히, 최근 모뉴엘이라는 기업의 매출채권을 이용한 금융스캔들의 영향으로 이러한 연구가 더욱 활발하게 진행되고 있다. 매출채권은 일반적 상거래에서 발생하는 신용채권 으로서, 기업이 만기까지 보유하거나 만기 전에 양도가 가능한 금융 상품이다. 기업이 매출 채권을 할인하여 양도할 경우에 매출채권 할인을 매각거래로 처리하고, 할인료에 해당하는 금액을 매출채권처분 손실로 처리하며, 해당 거래를 우발 채무로 공시하였다. 그러나, K-IFRS 하에서는 모든 위험과 보상이 이전되지 않는 한 매출채권 할인을 차입거래로 인식한다. 이는 기업 부채의 증가로 기업가치에 영향을 미치게 된다, 이 논문에서는 매출채권 할인이 실질적으로 기업가치에 부정적인 영향을 미치는지 추정하는 지능형진단시스템을 제안한다. 본 논문에서는 매출채권 할인이 주가에 미치는 영향을 인공지능기법인 사례기반추론(case based reasoning)과 자기조직화지도 (self-organizing maps)기법을 통하여 진단 모형을 구축하였다.

• 한국물환경학회지
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• 제22권5호
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• pp.905-912
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• 2006

In this paper, simulation methods of the system dynamics model developed by Das et al. (1997) for activated-sludge wastewater treatment plants are illustrated in an attempt to determine the operating rules and the policies related to capacity expansion of an activated-sludge wastewater treatment plant. For existing conditions, the analyses were performed by varying activated-sludge return rate to observe changes in effluent water quality and treatment efficiency. The effluent water quality is also analyzed for various average daily inflow conditions and activated-sludge return rates. As a result, without expanding the aeration tank, maximum average daily inflow that can satisfy the effluent water quality standard of BOD $0.02kg/m^3$ was determined as $2,840m^3/hr$, subject to 100% of activated-sludge return rate while other factors remain constant. When the activated-sludge return rate is less than 100%, expansion of the aeration tank is necessary and minimum sizes of the aeration tank to satisfy the effluent water quality standard were determined for various activated-sludge return rates. In addition, the total operating and maintenance as well as unit treatment cost regression equations for activated-sludge wastewater treatment plants are suggested by using the cost data that are obtained from Water and Wastewater Division, Ministry of Environment. The regression analyses showed that the economies of scale phenomena exist in the operating and maintenance costs of activated-sludge wastewater treatment plants.

• 한국환경과학회지
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• 제30권12호
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• pp.983-991
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• 2021

The role of the distribution basin role is to apportion incoming raw water to the primary sedimentation basin as part of the water treatment process. The purpose of this study was to calculate the amount of water in the distribution basin using computational fluid dynamics (CFD) analysis and to find a way to improve any non-uniformity. We used the Taguchi method and the minitab tool as optimization methods. The results of the CFD calculation showed that the distribution flow had a deviation of 5% at the minimum inflow, 10% at the average inflow, and 22% at the maximum inflow. At maximum flow, the appropriate heights of the 7 weirs(C, D, A, B, E, F, G) were 40 mm, 20 mm, 20 mm, 0, 0, 0, and 20 mm, respectively, according to the Taguchi optimization tool. Here, the maximum deviation of the distribution amount was 9% and the standard deviation was 23.7. The appropriate heights of the 7 weirs, according to the Minitab tool, were 40 mm, 20 mm, 20 mm, 0, 0, 0, and 20 mm, respectively, for weirs C, D, A, B, E, F, and G. Therefore, the maximum deviation of the distribution amount was 8% and the standard deviation was 17.1, which was slightly improved compared to the Taguchi method.

• 물과 미래
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• 제29권4호
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• pp.131-138
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• 1996

본 연구에서는 설계기준 및 수질기준에 합당한 제약조건을 고려하여 하수처리장의 최소비용 운영을 위해 비선형계획법을 적용하였으며, 수질변화는 QUAL2E 모형을 이용하여 모델링을 하였다. 한강수계에 위치한 4개의 수도권 하수처리장에 적용한 결과, BOD 수질기준에 따른 하수처리장의 적절한 운영율을 계산할 수 있었으며, 각 하수처리장에서 유입유량에 따라 하수를 처리하는 것보다 한강의 정해진 수질조건을 유지하는 한도내에서 적정하수량을 처리하는 것이 경제적임을 알 수 있었다. 또한, 이 모델을 이용하여 주어진 하수처리장 운영하에서의 한강수질도 예측가능하다.

• 무역상무연구
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• 제71권
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• pp.195-216
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• 2016

In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

• Journal of Veterinary Science
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• 제23권4호
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• pp.53.1-53.9
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• 2022

Background: Problems associated with using inhalational anaesthesia are numerous in veterinary anaesthesia practice. Decreasing the amount of used inhalational anaesthetic agents and minimising of cardiorespiratory disorders are the standard goals of anaesthetists. Objective: This experimental study was carried out to investigate the sparing effect of intravenous tramadol, lidocaine, dexmedetomidine and their combinations on the minimum alveolar concentration (MAC) of sevoflurane in healthy Beagle dogs. Methods: This study was conducted on six beagle dogs. Sevoflurane MAC was determined by the tail clamp method on five separate occasions. The dogs received no treatment (control; CONT), tramadol (TRM: 1.5 mg kg^-1 intravenously followed by 1.3 mg kg^-1 h^-1), lidocaine (LID: 2 mg kg^-1 intravenously followed by 3 mg kg^-1 h^-1), dexmedetomidine (DEX: 2 ㎍ kg^-1 intravenously followed by 2 ㎍ kg^-1 h^-1), and their combination (COMB), respectively. Cardiorespiratory variables were recorded every five minutes and immediately before the application of a noxious stimulus. Results: The COMB treatment had the greatest sevoflurane MAC-sparing effect (67.4 ± 13.9%) compared with the other treatments (5.1 ± 25.3, 12.7 ± 14.3, and 40.3 ± 15.1% for TRM, LID, and DEX treatment, respectively). The cardiopulmonary variables remained within the clinically acceptable range following COMB treatment, although the mean arterial pressure was higher and accompanied by bradycardia. Conclusions: Tramadol-lidocaine-dexmedetomidine co-infusion produced a remarkable sevoflurane MAC-sparing effect in clinically healthy beagle dogs and could result in the alleviation of cardiorespiratory depression caused by sevoflurane. Cardiorespiratory variables should be monitored carefully to avoid undesirable side effects induced by dexmedetomidine.