• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.31 no.4
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• pp.113-122
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• 2013

In this study, the traditional structure of the impact on the stability analysis. Korean traditional landscape architecture column space of stonework stable composition as the foundation of the fence for a long time been known to fall down and not maintained. The destination of research Ohgokmun Damyang Soswaewon fence which is in harmony with nature is one of the traditional structures that affect its shape without being kept so far came true. This includes our ancestral wisdom and that wisdom can guess guesswork. But I let the traditional reproduction incidence structures frequently. This deviation from the traditional method of construction application of shorthand stand. Thus, the subject of this study, the factors that do not fall down fences Ohgokmun solution is to indirectly gain the weak. In addition, epidemiological studies and the methods of calculation of the inferred physical examination, the results of the analysis were derived through the following. First, the internal factors of the fence Ohgokmun constituting the structural member and the coupling of the scheme. 1) based on stable ground. Greater role in the country rock The fact that the settlement will have no symptoms. 2) to minimize the friction caused by hydrological water to remove the two-pronged process through stone work building form and menu sustaining power in hydrology and flooding made against the bypass channel. 3) due to the load bearing capacity and durability to withstand the strength of the material and the construction of structures in the form of a dispersion of power between each individual to maximize the process of getting traction was applied. Second, external factors Ohgokmun fence the results obtained through the calculation of the dynamics of repair, is greatly affected by the wind and the water gate of the fence, but the action of the structural stability of the lack of power that hurt enough conclusion. In this study, the results of the structure of internal and external influence as well through the structure can be viewed as composed consisting. However, over the next follow-up in terms of climate and environmental factors due to the fact that the fall might.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• Journal of Bio-Environment Control
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• v.25 no.4
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• pp.225-231
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• 2016

Glasshouse heating package technologies to improve energy usage efficiency in winter were developed. Heating package was composed of the ground water source heat pump with heating capacity of 105kW, the aluminum multi-layer thermal curtain with six layers of different materials and the root zone local heater with XL pipes of ${\phi}20mm$. Venlo type glasshouse($461m^2$) with the heating package was compared with the same type and area control glasshouse with the light oil boiler, the usual non-woven fabric thermal curtain with respect to the glasshouse inside temperature, relative humidity, crop growth, and heating energy consumption. The results of test in paprika cultivation glasshouses showed that the air temperature inside glasshouse with aluminum multi-layer thermal curtain was maintained $2.2^{\circ}C$ higher than that of control glasshouse in un-heating night time and the temperature in bed with root zone local heating was $4.7^{\circ}C$ higher than that in bed without local heating. Average heating coefficient of performance(COP) of the ground water source heat pump used in paprika cultivation was 3.7 and the glasshouse inside temperature was maintained at $21^{\circ}C$ of heating set up temperature. The heating energy consumptions per 10a were measured at 14,071L of light oil and 364kWh of electric power for the control glasshouse and 35,082kWh for the glasshouse applied heating package. As results, the heating cost of the glasshouse applied heating package was 87 percent lower than that of control glasshouse. The growths of paprika in glasshouses of control and applied heating package did not show any significant difference.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.10 no.1
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• pp.115-123
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• 1990

The purpose of this study was to examine the uses of coal ash as a type of construction material. The methods of examination were chemical anlysis, soil laboratory test and the soil vibration test. Materials used were coal ash obtained as a by-product from 5 thermal power plants in Yongdong, Yongwol, Sochon(anthracite coal) and in Samchonpo and Honam (bituminous coal). Over 70% of the coal ash consisted of silica and alumina. The fly ash grain size showed a uniform distribution from fine-sand to silt, and that of the bottom ash showed from sand to gravel. The specific gravity and density of the coal ash were low. The long term strength increased gradually due to the self-setting property resulting from pozzolanic activity. The shear strength was higher than that of general soil. Cohesion and optimum moisture content of anthracite coal ash were higher than bituminous coal ash, whereas the maximum dry density was higher in bituminous coal ash. The coal ash dynamic Young's modulous curve range was similar to that of general soil. Of the results from the soil vibration test by car-running, the size relative acceleration level in the ash pond was higher than that of natural ground, but the damping ratio was lower than that of natural ground near the ash pond. The coal ash has more advantageous engineering properties than general soil with particles of the same size. For example, the California Bearing Ratio of the bottom ash at both Yongdong and Yongwol was 77~137%. Therefore we expect that if further study is done, coal ash can be used as a construction material when reclaiming seashore, construction embankments, road construction, making right-weight aggregate, or as a general construction material.

• Geophysics and Geophysical Exploration
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• v.8 no.2
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• pp.145-155
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• 2005

A two-dimensional (2-D) interpretation of MT data has been performed for the purpose of fracture detection for geothermal development. Remote stations have been operated in Kyushu, Japan (480 km apart) as well as in Korea (60 km and 165 km apart in 2002 and 2003 data set, respectively). Apparent resistivity and phase curves calculated by remote processing with the Japan remote data showed enough quality for 2-D inversion for the whole frequency range. Remote reference processing with Korea remote reference data also showed quite good continuity in apparent resistivity and phase curves except some noisy frequency bands; around the power frequency, 60 Hz, and around the dead band $10^{-1}Hz\;Hz\;\~1\;Hz$, where the natural EM signal is known to be very weak. Even though the subsurface showed severe three-dimensional (3-D) characteristics in the survey area so that 2-D inversion by itself could not give enough information for deep geological structures, the 2-D inversion for the 5 survey lines showed several common features. The conductive semi-consolidate mudstone layer is dipping from north to south (about 500 m depth on the south and 200 m on the north most part of the survey area). The boundary between the low (L-2) and high (H-2) resistivity anomalies can be thought as a major fault with strike $N15^{\circ}E$, passing through the sites 206, 112 and 414. The shallow (< 1 km) conductive anomalies (L-4) seem to be fracture zones having strike E-W (at site 105) and $N60^{\circ}W$ (at site 434). And there exists a conductive layer in the western and west-southern part of the survey area in the depth below $2\~3\;km$, for which further investigation is to be needed.

• Journal of Korean Medical classics
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• v.13 no.1
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• pp.269-303
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• 2000

The xin(心) has various meanings in ${\ll}$Huangdineijing(黃帝內經)${\gg}$ but they sometimes contradict each other. This thesis divided the xin into the meaning and the Zang-xiang(藏象), and then analyzed the xin's notion in detail. The concept of the xin in ${\ll}$Huangdineijing(黃帝內經)${\gg}$ is sorted out into : the notion of space, yin-yang five elements(陰陽五行) and shen(神) The xin is the upper part of body and it possesses the character of yang(陽). So the concept of the breast has originated from this character and it rightly belonged to the top. The xin is assigned to fire among five elements, 'chang(長)', which has the energy of moving forward, noon at a day when yang-qi(陽氣) is properous and shows 'gu(鉤)' & 'keo(矩)' in pulse condition. The xin possesses the character, 'Taiyang of the yang(陽中之太陽)' along with the notion of space combined with five elements. That is, the notion of upper space means 'of the yang(陽中)', and, fire in five elements means 'yang'. This is similar to '=(Taiyang)' of Sasang(四象) at ${\ll}$the Book of Changes(周易)${\gg}$ Since the xin puts shen(神) in order, actions of spirit have effect on the xin. And it depends whether the sense of vitality is broad or narrow. The xin related with broad sense of spirit is 'monarch of the organs(君主之官)'. Therefore it has control over the human body. As it also directly effects the life or death, Pericardium(心句) substitutes the xin and protects the external invasion. In Shi-er-won(十二原) and Bonsu(本輸), instead of the Xin Channel the Pericardium Channel was used in healing patients. The xin can be interpretable as the mind, because the xin includes spirit. The mind can be distinguished into 'desire' and 'state of profound reason'. In ${\ll}$Huangdineijing(黃帝內徑)${\gg}$, the disease of the xin caused by emotion was mentioned many times. This emotion is 'desire' which resorted to the sentiment. The reason one mind has both character is; man preserves given principle (reason) and emotion reveals via the reason exercised. The above is about the xin related with the broad sense of vitality. Concerning the narrow sense of vitality, one of the five vitalities is stored with the others away in the five solid organs. Then it takes part in the operation of five body constituents and it is linked with the personified description of five solid organs. The xin, spleen, stomach and kidney are 'the ground of life'. Spleen and stomach are the origin of making qi and blood, which 'means the ground after birth'. Kidney keeps the essence of life, and manages the growing and generative function of human body. The xin keeps 'Shin-myung(神明)', in other words, it has control over and supervise whole activity of body. Therefore xin's role is needed for the appropriate working of spleen, stomach and kidney. And 'Shin-myung' is its motive power. In ${\ll}$Huangdineijing(黃帝內經)${\gg}$, the reason why xin was assigned to September and October is that yang-qi of the human body goes to the inner part, with xin at the same time. This explains that yang-qi of the human body is adapted to change of season and goes into xin-fire(心火) in order to get away from the cold. In this case, heart means more inner part than liver, spleen and lung. Mengzi(孟子), philosopher of the China's turbulent ages emphasized the thinking function of xin. Sunzi(荀子) asserted that xin is 'heaven monarch(天君)' and the other organs are 'heaven rninisters(天官)'. This conception is similar to 'monarch of the organs' of ${\ll}$Huangdineijing(黃帝內經)${\gg}$. After the Ming Dynasty, commentators of Huangdineijing(黃帝內經) explained the heart, as 'monarch of the organs', or 'the master of body(一身之主)'. This was due to the influence of Sung Confucianism.

• Journal of Korean Philosophical Society
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• v.131
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• pp.77-103
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• 2014

It is well known that Nietzsche insists on the affirmation of life, and the subject of 'affirmation of life' is a familiar one in Nietzsche literature. We want to throw an unfamiliar light on this familiar subject, connecting the theme of affirmation with that of redemption, and insisting on the centrality of the theme of redemption in Zarathustra's teaching of ${\ddot{U}}bermensch$. For Nietzsche, the redemption of human life means that its life is endowed with some meaning and its existence is positively justified. With this redemption, an active affirmation of life is possible, which means that we not only endure this life once but also request it for indefinite times. According to Nietzsche, for this kind of redemption and active affirmation we need an ultimate ground of meaning and only the excellence of life, that is, of 'will to power' can serve as this ultimate ground. Accepting the Greek way of identifying virtue with excellence, Nietzsche thought that life can justify itself at the ultimate form of life in ${\ddot{U}}bermensch$. Then, through ${\ddot{U}}bermensch$ the way is opened for man to endow meanings on and justify its life. That is, ${\ddot{U}}bermensch$ is not only the one who affirms its life, but also the very condition in which humanity can justify its life in general. With the goal and ideal of ${\ddot{U}}bermensch$ accepted, the affirmation and redemption of an individual life depends on how it manages to create its own life in relation to this goal and ideal. According to Nietzsche, though we cannot go back to the past, we still can recreate it and change its meanings through working on the future. Only those who try to create a meaningful future and thus recreate the past could redeem and affirm their own lives. That is, for Nietzsche, to affirm and redeem one's life means not just to change one's attitude to life but to create and recreate it with the eye for ${\ddot{U}}bermensch$.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.29 no.1
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• pp.105-120
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• 2011

A moat is a pond or waterway paved on the outside of a fortress that is one of the facilities to prevent enemy from approaching the fortress wall or classify it as the boundary space, moats had existed in Europe, Asia and the America from ancient times to medieval times. however it is has been disappeared in modem society. In addition, a moat is a great value in historical and cultural sense such as offering a variety of cultural activities and habitats for animals, but unfortunately there is little consideration of its restoration plan. This research is aimed to investigate historical and cultural meaning and significance of moats which had been existing from ancient times to medieval times in the Eastern and Western. For this purpose, this research analyzed concepts and functions in consideration with times and ideological backgrounds of moats in Korea, China, and Japan. Results were as follows: 1. Moats in Korea existed not only in the castle towns of Goguryeo but also in ancient castle towns of Baekje and Silla. Natural moats and artificial moats existed around castles that were built to prevent and disconnect accessibility of enemies In Goryeo Dynasty and Chosun Dynasty, moats were also used as a defensive function. 2. A moat was generally installed by digging in the ground deep and wide at regular intervals from the ramparts, A moat was installed not only around a castle but also in its interiors. Moats outside castles played an important role in stomping the ground hard besides enhancing its defensive power. In addition, water bodies around a facility often discouraged people's access and walls or fences segregated space physically, but a moat with its open space had an alert and defensive means while pertaining its visual characteristics. 3. The moat found at Nagan Eupseong rumor has it that a village officials' strength was extremely tough due to strong energy of the blue dragon[Dongcheon] in Pungsujiri aspects, so such worries could be eliminated by letting the stream of the blue dragon flow in the form of 'S'. 4. The rampart of the Forbidden City of China is 7.9 meters high, and 3,428 meters long in circumference. It was built with 15 layers of bricks which were tamped down after being mixed with glutinous rice and earth, so it is really solid. The moat of the Forbidden City is 52 meters in width and 6 meters in depth, which surrounds the rampart of the Forbidden City, possibly blocking off enemies' approach. 5. Japan moats functioned as waterways due to their location in cities, further, with the arrangement of leisure facilities nearby, such as boating, fishing from boats, and restaurants, it helped relieve city dwellers' stress and functions as a lively city space. 6. Korean moats are smaller in scale than those of the Forbidden City of China, and Edo, and Osaka castles in Japan, Moats were mostly installed to protect royal palaces or castles in the Eastern Asia whereas moats were installed to protect kings, lords, or properties of wealthy people in the west.

• Korean Journal of Remote Sensing
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• v.39 no.5_1
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• pp.563-576
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• 2023

In this study nitrogen dioxide (NO₂), formaldehyde (HCHO) from the Ozone Monitoring Instrument (OMI) and TROPOspheric Monitoring Instrument (TROPOMI), OMI/ Microwave Limb Sounder (MLS) tropospheric column ozone (TCO), and Airkorea ground-based O₃ data were analyzed to examine the photochemical reaction relationship between tropospheric ozone and its precursors nitrogen oxides (NOx) and volatile organic compounds (VOCs). As a result of analyzing the trend of long-term changes from 2006 to 2020 using OMI satellite data, TCO showed an increasing trend, NO₂ steadily decreased, and HCHO continued to increase in Northeast Asia. In addition, formaldehyde nitrogen dioxide ratio (FNR; HCHO/NO₂ ratio), an indicator of ozone sensitivity, is gradually increasing, which means that the VOC-limited regime is decreasing. This study conducted a sensitivity analysis of ozone generation using TROPOMI FNR and ground-based ozone (O₃) over the recent years (2019~2022) to identify the possible cause for the continuous increase of ozone in Korea. Similar to the previous studies, VOC-limited and transitional regimes appeared in megacities, and VOC-limited regimes also appeared in areas where major power plants were located. In VOC-limited regimes, in other words, areas where NOx is excessively saturated, the reduction in NOx emissions may have weakened the ozone titration and thus led to the increase of ozone. Therefore, VOC emissions should be reduced in the short term rather than NOx emissions to reduce ozone concentrations under the VOC-limited regime.