• Journal of Arbitration Studies
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• v.22 no.2
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• pp.53-77
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• 2012

Competence-competence refers to an arbitratorpower to determine whether he or she has jurisdiction to decide a controversy. Although arbitrators power to rule on their own jurisdiction is generally recognized throughout the world, in the United States, neither the courts nor legislative bodies have recognized its significance or the reasoning behind its widespread adoption. Section 3 of the Federal Arbitration Act (FAA) is notorious among arbitration statues for its failure to incorporate competence-competence. When courts rule on an issue of competence-competence, it is referred to as a question of who decides the arbitrability of the case. In the United States, the use of competence-competence as a term of art is still limited to scholarly writings. The answer to the competence-competence inquiry is found in an interpretation of section 3 of the FAA which empowers the courts to decide arbitrability issues. The cases of the Supreme Court and most commentators interpreted sections 2 and 3 of the FAA as conferring issues of arbitrability on the federal courts, including the ability to rule on the validity and scope of the arbitral agreement. Traditionally, United States courts have denied the competence-competence to arbitral tribunal. Recently, however, they have confounded the rules by placing primary importance on the arbitration agreement between the parties. The Supreme Court, in a series of cases, has underscored the necessity of giving full effect to the intentions of the parties as expressed in their agreement to arbitrate. The result of the Supreme Court's emphasis on contractualism in determining the issue of arbitrability is most evident in the Courtdecision in the First Options case. Under First Options, courts are to decide arbitrability issues unless there is a clear and unmistakable contractual assignment of these issues to the tribunal itself. The Court is appraised that it has attempted to compromise between contractual freedom in the arbitration setting and the rule of law that is necessary in a society that depends on the concept of ordered liberty. In the decision in Howsam, the Court clarified the definition of arbitrability by attempting to draw a clear line between questions of arbitrability that are to be decided by courts and those matters that bear on the allocation of decisions between courts and arbitrators but are not questions of arbitrability.

• Journal of the military operations research society of Korea
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• v.34 no.2
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• pp.163-174
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• 2008

The military is an organization where reliability and availability take much more importance than in any other organization. And, in line with a recent trend of putting emphasis on 'system readiness', not only functions but also availability of a weapon system has become one of achievement targets. In this regard, the military keeps spares for important facility and equipment, which is called as Maintenance Float (M/F), in order to enhance reliability and availability in case of an unforeseen event. The military has calculated yearly M/F requirements based on the number of equipment and utilization rate. However, this method of calculation has failed to meet the intended targets of reliability and availability due to lack of consideration on the characteristics of equipment malfunctions and maintenance unit's capability. In this research, we present an analysis model that can be used to determine an optimal M/F inventory level based on queuing and absorbed Markov chain theories. And, we applied the new analysis model to come out with an optimal volume of K-1 tank M/F for the OO division, which serves as counterattack military unit. In our view, this research is valuable because, while using more tractable methodology compared to previous research, we present a new analysis model that can describe decision making process on M/F level more satisfactorily.

• Strategy21
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• s.33
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• pp.5-36
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• 2014

This article aims to analyze the diplomatic challenges currently facing China as well as the foreign policy the Xi Jinping administration is adopting to address them. With these purposes in mind, it will look into three areas: first, diplomatic tasks confronting the Xi leadership; second, foreign policy that the Xi administration has implemented since the 18th Party Congress in 2012; and third, the prospects for China's foreign policy under the Xi leadership. As the Xi Jinping administration entered into office, it has encountered two major diplomatic challenges. One is the searching for a new foreign policy, and the other the restructuring of the existing foreign affairs and national security systems. The Xi administration, during its first year in office, has responded actively to tackle these issues. To begin with, it has attempted to make some adjustments on foreign policy while maintaining the Deng Xiaoping line of foreign policy. One of these modifications is placing emphasis on national "core interest," as illustrated by changes in guideline for maritime conflicts, pushing for building maritime power, and proclamation of Air Defense Identification Zone in the East China Sea. Second is the decision on the new guideline for peripheral diplomacy. That is, the administration regarded creating peaceful and stable environments to realize "Chinese Dream" as an important goal of foreign policy, and proposed such new guiding ideology as "familiarity, integrity, benefit, and accommodation." In additoin, the Xi administration restructured the existing foreign affairs and national security systems. Establishing the Central State Security Committee and the Internet Leading Small Group (LSG) are cases in point. As comprehensive organizations for policy coordination that encompass party, government, and military, the two LSGs are in charge of enacting related policies and fine-tuning policy implementation, based upon leadership consisting of chiefs of each relevant organs. Moreover, since Xi himself became the chief of these two newly-found organs, the conditions under which these LSGs could demonstrate unified leadership and adjusting role in its implementation of military, diplomatic, and security policies were developed. The future Chinese diplomacy will be characterized with three main trends. First, peripheral diplomacy will be reinforced. The peripheral diplomacy has become far more important since the Work Conference on Peripheral Diplomacy in October 2013. Second, economic diplomacy will be strengthened with an eye on reducing the "China Threat Theory," which still exists in Asia. Third, the policies to isolate the Philippines and Japan will continue in regard to maritime disputes. All in all, Chinese diplomacy in the Xi Jinping era is likely to feature practical diplomacy which combines both hard and soft approaches to best realize Chinese national interest.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.37 no.3
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• pp.629-636
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• 2017

Urban railway are the most widely used means of transportation in the metropolitan area. It is difficult to draw out problems through the quantitative analysis technique because most of the research results show that most of the guide signs are installed with many or few guide signs. In this study, we propose a method to evaluate the information load and proper installation location at the main decision point in the transfer passageway for Suseo Station by applying Positive Guidance. As a result of analyzing the information load using this technique, it is suggested that the necessary information should be provided centered on the copper node because it provides confusion of the users by providing the same information in the transfer line. It is necessary to obtain guidance on how to remove the sign (advertising, high ceilings, etc). The study will be regarded as a key for the basis and placement of the guidelines for determining the appropriateness of the in the future urban railway station sign guide.

• Journal of Korean Neurosurgical Society
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• v.30 no.3
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• pp.295-306
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• 2001

Objectives : The management of massive brain swelling remains an unsolved problem in neurosurgical field. Despite newly developed medical and pharmacological therapy, the mortality and morbidity due to massive brain swelling remains high. According to many recent reports, surgical decompression with dura expansion is superior to medical management in patients with massive brain swelling. We performed surgical treatment on the first line of treatment, and followed medical management in case with refractory increased intracranial pressure(ICP). To show the quantitative effect of decompressive surgery on the intracranial pressure, we performed ventricular puncture and checked the ventricular ICP continuously during the decompressive surgery and postoperative period. Materials and Methods : Fifty-one patients with massive brain swelling, undergoing bilateral decompressive craniectomy with dura expansion, were studied in this study. In all patients, ventricular puncture was performed at Kocher's point on the opposite side of massive brain swelling. The ventricular pressure was monitored continuously, during the bilateral decompression procedures and postoperative period. Results : The initial ventricular ICP were varied from 13mmHg to 112mmHg. Immediately after the bilateral craniectomy, mean ventricular ICP decreased to $53.1{\pm}15.8%$ of the initial ICP(ranges from 5mmHg to 87mmHg). Dura opening decreased mean ICP by additional 36.7% and made the ventricular pressure $16.4{\pm}10.5%$ of the initial pressure (ranges from 0mmHg to 28mmHg). Postoperatively, ventricular pressure was lowered to $20.2{\pm}22.6%$(ranged from 0mmHg to 62.3mmHg) of the initial ICP. The ventricular ICP value during the first 24 hours after decompressive surgery was found to be an important prognostic factor. If ICP was over 35mmHg, the mortality was 100% instead of additional medical(barbiturate coma therapy and hypothermia) treatments. Conclusion : Bilateral decompression with dura expansion is considered an effective therapeutic modality in ICP control. To obtain favorable clinical outcome in patients with massive brain swelling, early decision making on surgical management and proper patient selection are mandatory.

• Korean journal of communication and information
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• v.77
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• pp.255-288
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• 2016

Korean mass media has represented foreigners in their documentaries, entertainment shows, situational comedies, and dramas for long time, while the representations created plenty of controversies. Alleged West-oriented racism found from various televison programs may be one of them. Recently, however, more Korean television shows began to incorporate the ideas of multi-culturalism. This paper is an attempt to explore how television audiences interpret multi-culturalism reflected in the media. More specifically, this is a case study of JTBC's , a show featuring foreigners debating on various topics regarding Korean culture. Particularly, it focuses on disputes over the producers' decision to play 'Kimigayo' (the national anthem of Japan, which is also considered as a symbol of Japanese militaristic past) when introduced a new Japanese panel. Critical discourse analysis was adoped as the main research method, and researchers found that audiences draw certain guidelines in accepting multi-cultural aspects. If and when these aspects overstep the line, they tend to abandon it without hesitance. In the case of 'Kimigayo,' it was ethno-centrism and/or anti-Japanes sentiments which made multi-culturalsim much weaker. It does not mean that multi-culturalism was replaced-or defeated-by nationalism, but show the 'vulnerability' of multi-culturalsim. Multi-culturalism is not as concretely rooted in Korean society as many people have claimed or hoped. The research has its own limitations as a case study, but it is hoped to stimulate other researchers to keep their eyes on media and multi-culturalsim in Korea.

• Journal of Embryo Transfer
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• v.19 no.3
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• pp.291-299
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• 2004

Characterization of quantitative trait loci (QTL) was investigated in the experimental cross population between Berkshire and Yorkshire breed. A total of 512 F$_2$ offspring from 65 matting of F$_1$ parents were phenotyped the carcass traits included average daily gain (ADG), average backfat thickness (ABF), tenth rip backfat thickness (TRF), loin eye area (LEA), and last rip backfat thickness (LRF). All animals were genotyped for 125 markers across the genome. Marker linkage maps were derived and used in QTL analysis based on line cross least squares regression interval mapping. A decision tree to identify QTL with imprinting effects was developed based on tests against the Mendelian mode of QTL expression. To set the evidence of QTL presence, empirical significance thresholds were derived at chromosome-wise and genome-wise levels using specialized permutation strategies. Significance thresholds derived by the permutation test were validated in the data set based on simulation of a pedigree and data structure similar to the Berkshire-Yorkshire population. Genome scan revealed significant evidences for 13 imprinted QTLs affecting growth and body compositions of which nine were identified to be QTL with paternally expressed inheritance mode. Four of QTLs in the loin eye area (LEA), and tenth rip backfat thickness (TRF), a maternally expressed QTL were found on chromosome 10 and 12. These results support the useful statistical models to analyse the imprinting far the QTLs related carcass trait.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.sup3
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• pp.167-174
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• 2016

One of the major causes of morbidity and mortality in breast cancer patients is delay in seeking help. Leventhal's self-regulation model provides an appropriate framework to assess delay in seeking help. The aim of this study was to investigate the relationship between "illness perception" and "help seeking delay" in breast cancer patients based on Leventhal's self-regulation model. In this correlational descriptive study with convenience sampling conducted in 2013, participants were 120 women with breast cancer who were diagnosed in the last year and referred to chemotherapy and radiotherapy centers in Rasht, Iran. Data collection scales included demographic data, Revised Illness Perception Questionnaire (IPQ-R)and a researcher made questionnaire to measure the delay in seeking help. Pre-hospital delay (help seeking delay) was evaluated in 3 phases (assessment, disease, behavior). The data were analyzed using SPSS-19. The mean (SD) age calculated for the patients was $47.3{\pm}10.2$. Some 43% of the patients had a high school or higher education level and 82% were married. The "pre-hospital delay" was reported ${\geq}3months$. Logistic regression analysis showed that none of the illness perception components were correlated with appraisal and behavioral delay phases. In the illness delay phase, "time line" (p-value =0.04) and "risk factors"(p-value=0.03) had significant effects on reducing and "psychological attributions" had significant effects on increasing the delay (p-value =0.01). "Illness coherence" was correlated with decreased pre-hospital patient delay (p-value<0.01). Women's perceptions of breast cancer influences delay in seeking help. In addition to verifying the validity of Leventhal's self-regulation model in explaining delay in seeking help, the results signify the importance of the "illness delay phase" (decision to seek help) and educational interventions-counseling for women in the community.

• The Journal of the Korea Contents Association
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• v.16 no.7
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• pp.50-62
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• 2016

The aim of this study was to develop scale of test taker to affect on process of selection of college. The study procedures were performed as follow : establish of study model, item generation, verification of content validity, 1st and 2nd pilot test and verification of construct validity and reliability. In order to verification of validity and reliability, 230 freshman were surveyed and the data were analyzed by mean, standard deviation, skewness. kurtosis, Pearson correlation, Verimax factor analysis and Cronbach's ${\alpha}$. As result of factor analysis, the 15 factors(61 items) that explain 68.37% of the total variance were extracted and each factors were classified by attribution as follow : Information collection-mass media(4items), college activity (3items), support and environment(4items), education(5items), Influential person on decision making(3items), education quality(4items), education service(5items), reputation(3items), accessibility(2items), personal circumstances(2items), college's mass media(5items), promotion (4items), on-line(4items), person's PR (3items), College image(10items). Cronbach's ${\alpha}$ of total items was 0.916 and Cronbach's ${\alpha}$ of each factors were showed range between 0.694~0.878. Measurement scale of this study may be utilized to collect basic data be required to establish policy strategy of local college be faced with difficulty of admission recruitment.

• Journal of the Korea institute for structural maintenance and inspection
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• v.14 no.6
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• pp.171-178
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• 2010

Pipeline structure is one of core underground infrastructure which transports primary sources. Since the almost pipeline structures are placed underground and connected each other complexly, it is difficult to monitor their structural health condition continuously. In order to overcome this limitation of recent monitoring technique, recently, a Ubiquitous Sensor Network (USN) system based on on-line and real-time monitoring system is being developed by the authors' research group. In this study, real-time pipeline health monitoring (PHM) methodology is presented based on electromechanical impedance methods using USN. Two types of damages including loosened bolts and notches are artificially inflicted on the pipeline structures, PZT and MFC sensors that have piezoelectric characteristics are employed to detect these damages. For objective evaluation of pipeline conditions, Damage metric such as Root Mean Square Deviation (RMSD) value was computed from the impedance signals to quantify the level of the damage. Optimal threshold levels for decision making are estimated by generalized extreme value(GEV) based statistical method. Throughout a series of experimental studies, it was reviewed the effectiveness and robustness of proposed PHM system.