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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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A Clinical Analysis on 8 cases of Pulmonary Sclerosing Hemangioma (폐 경화성혈관종 8예에 대한 임상적 고찰)

  • Chang, Jung-Hyun;Kim, Se-Kyu;Kim, Hyung-Jung;Kwon, Seon-Ok;Chung, Kyung-Young;Shin, Dong-Hwan;Lee, Doo-Yun;Ahn, Chul-Min;Kim, Sung-Kyu;Lee, Won-Young
    • Tuberculosis and Respiratory Diseases
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    • v.40 no.4
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    • pp.384-389
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    • 1993
  • Background: Pulmonary sclerosing hemangioma is rare, but still the second most common benign lung tumor, occurring most1y in middle-aged women. Methods: From January 1985 through April 1993, we experienced eight cases of solitary pulmonary sclerosing hemangioma. Results: Subjects studied were 7 female and 1 male patients. They ranged from 14 to 63 years of age(mean age, 43.8 years) at the time of operation. The patients were frequently asymptomatic and the tumor was often shown to be a large lobulated mass on radiographic examination. The tumor can usually be diagnosed on operation because of its subtle clinical and radiographic presentation. All eight cases were diagnosed intraoperatively. The mean interval between initial radiographic detection and operation was 7.9 months. Out of 8 cases, preoperative impression of benign tumor was made in 4 cases, whereas malignant tumor was suspected in the remaining 4 cases. Enucleation, wedge resection or lobectomy was performed which appropriate in each patient. Conclusion: Surgical removal of the tumor preserving as much lung parenchyma as possible is indicated for proper diagnosis and treatment of this condition.

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Efficacy of deferoxamine on paraquat poisoning (파라쿼트 중독 환자에서 deferoxamine의 치료 효과)

  • Huh, Jin Won;Jegal, Yangjin;Hong, Sang-Bum;Oh, Yeon Mok;Shim, Tae Sun;Lim, Chae-Man;Lee, Sang Do;Kim, Woo Sung;Kim, Dong Soon;Kim, Won Dong;Koh, Younsuck
    • Tuberculosis and Respiratory Diseases
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    • v.62 no.2
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    • pp.113-118
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    • 2007
  • Background: Paraquat is known to induce oxidant injury that results in multiorgan failure and lung fibrosis. Iron has been considered to play a key role in paraquat-induced oxidant lung injury. This study examined the effect of deferoxamine, an iron-chelating agent, in the treatment of paraquat poisoning. Methods: From September, 2001 to April, 2005, 28 patients with paraquat poisoning who were admitted at a medical intensive care unit of a University-affiliated hospital, were enrolled in this study. Sixteen patients were treated according to the paraquat poisoning treatment guidelines and 12 received an intravenous infusion of deferoxamine in addition to the treatment guidelines. Results: There were no differences between the two groups in terms of age, gender, severity of paraquat poisoning, and the time elapsed from ingestion to presentation at hospital. There was no difference in overall mortality between the two groups but the incidence of respiratory failure in the deferoxamine group was higher than in the conventional group(4/7 versus 0/9, p=0.019). Conclusion: Deferoxamine seems to have no clinical benefit compared with the conventional treatment.

Analysis of Acquisition Parameters That Caused Artifacts in Four-dimensional (4D) CT Images of Targets Undergoing Regular Motion (표적이 규칙적으로 움직일 때 생기는 4DCT 영상의 모션 아티팩트(Motion Artifact) 관련된 원인분석)

  • Sheen, Heesoon;Han, Youngyih;Shin, Eunhyuk
    • Progress in Medical Physics
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    • v.24 no.4
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    • pp.243-252
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    • 2013
  • The aim of this study was to clarify the impacts of acquisition parameters on artifacts in four-dimensional computed tomography (4D CT) images, such as the partial volume effect (PVE), partial projection effect (PPE), and mis-matching of initial motion phases between adjacent beds (MMimph) in cine mode scanning. A thoracic phantom and two cylindrical phantoms (2 cm diameter and heights of 0.5 cm for No.1 and 10 cm for No.2) were scanned using 4D CT. For the thoracic phantom, acquisition was started automatically in the first scan with 5 sec and 8 sec of gantry rotation, thereby allowing a different phase at the initial projection of each bed. In the second scan, the initial projection at each bed was manually synchronized with the inhalation phase to minimize the MMimph. The third scan was intentionally un-synchronized with the inhalation phase. In the cylindrical phantom scan, one bed (2 cm) and three beds (6 cm) were used for 2 and 6 sec motion periods. Measured target volume to true volume ratios (MsTrueV) were computed. The relationships among MMimph, MsTrueV, and velocity were investigated. In the thoracic phantom, shorter gantry rotation provided more precise volume and was highly correlated with velocity when MMimph was minimal. MMimph reduced the correlation. For moving cylinder No. 1, MsTrueV was correlated with velocity, but the larger MMimph for 2 sec of motion removed the correlation. The volume of No. 2 was similar to the static volume due to the small PVE, PPE, and MMimph. Smaller target velocity and faster gantry rotation resulted in a more accurate volume description. The MMimph was the main parameter weakening the correlation between MsTrueV and velocity. Without reducing the MMimph, controlling target velocity and gantry rotation will not guarantee accurate image presentation given current 4D CT technology.

Analysis to the Essential Factors of Humor Emerging in Chinese Cartoon Around Year of 2000 (2000년을 전후로 하여 중국 애니메이션에 나타난 유머요인 분석)

  • Dong, Peng;Oh, Jin-Hee
    • Cartoon and Animation Studies
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    • s.36
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    • pp.189-215
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    • 2014
  • Since the launching of in 1963, a large amount of outstanding cartoons had been produced in China by the year 1980. During this period of time, international reputation was achieved with the extremely full expression and characteristic stories originated from Chinese culture. Decades of cartoons were produced ever year benefiting from support of the government in the last years. However, the quality and in fluence power dropped down comparing with the increasing productivity. The outward followed by examples of successful international box office most of the animation made in China. These cartoons did not obtain admitting internationally, or disclose any traditional speciality of China, although the domestic box office is considered to be fairly successful. The key factors to the successful cases should be analysed and researched rather than simply estimating, in order to achieve both artistic and commercial success. Factor of humor, as a key element of a successful cartoon is proposed in this thesis. Prior to the discussion, a general definition of humor factor is described through Henri Bergson's comedy concept, based on which the key factors of humor will be analysed. A classification system would be derived and introduced as a tool for the analysis of humor factors. According to Henri Bergson, Humor is determined by circumstance, language and character factors. Humor factors are divided into visual, scene and acoustic factors in this research taking the Speciality of cartoon media into consideration. It is the speciality that, in addition to the visual and language factors, multiple acoustic elements are also introduced in such a presentation pattern. This classification system would be considerably applicable to the analysis of humor factors in Chinese cartoons. In this study, around the year 2000 to share the Chinese animation masterpiece were analyzed by selecting and , and . This discussion about key factors of humor is likely to be beneficial to the development of Chinese Cartoons in the future.

An Analysis of the Cognition of Professionals Regarding the Validity of Planting Design Change that Occurred in the Landscape Construction of a Major Private Company (민간기업 조경공사에서 나타나는 식재설계 변경 타당성에 대한 전문가 인식 분석)

  • Park, Jae-Young;Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.42 no.6
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    • pp.101-110
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    • 2014
  • This study analyzes the validity of the type classification of the type and design changes of apartment landscaping planting construction design changes that were completed in the private sector, efficiently manages the design changes that are displayed over landscaping planting work in general in the future, and performs research by placing the object underlying the presentation. The results are as follows. First, the percentage that occurred in the planting construction of design changes that have occurred in the apartment landscaping construction was carried out in the private sector and accounted for 61.8%. This indicates that part of the planting is a major design change. Second, as the cause of such a design change to be those associated with the field conditions such as lack of main construction period. In particular, due to a change in oral, appeared 7-48 times design changes of one review design change approval is complex, design changes of planting construction had shown a feature that occurs in multiple simultaneous. Third, the 7 types of Design Changes in planting design were delineated as 'design changes for consideration of the user', 'design changes for image improvement', 'design changes for ease of maintenance', 'design changes due to the mismatch of design statement', 'design changes due to the relationship with the engineering species of other', 'design changes due to lack of field study', and 'design changes due to the consideration of feasibility.' Fourth, 'design changes for consideration of the user' and 'design changes for image improvement' were found in more than half of the frequency of the overall changes. This differed from the results shown in public corporations. Fifth, if planting construction design change process, private companies, it was found that is showing the approval of the practice after the previous construction of the construction cost savings due to construction time. However, in the case of a public corporation, these exhibited a different aspect from the private sector and show a design change procedure that reflects the changes after the design change events in the field have occurred. The above results, the type of landscaping works in planting design change of public enterprises, regardless of the private sector, is the same in the seven types, the main reason of and procedures for design changes, indicating that there are other respects. In design change, it may be desirable to apply becomes liquidity rationality and efficiency of the dimension, depending on the nature of the landscape construction.

Salvage with Reverse Total Shoulder Arthroplasty after the Failure of Proximal Humeral Tumor Treatment (근위 상완골 종양 치료 실패 후 역 견관절 전치환물을 이용한 구제술)

  • Jeon, Dae-Geun;Cho, Wan Hyeong;Kim, Bum Suk;Park, Hwanseong
    • Journal of the Korean Orthopaedic Association
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    • v.53 no.6
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    • pp.505-512
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    • 2018
  • Purpose: Many reconstruction methods have been attempted after an en-bloc resection of the proximal humerus. In particular, the introduction of reverse shoulder arthroplasty (RSA) has made a breakthrough in the functional recovery of the shoulder. Nevertheless, RSA has limitations when the humeral bone stock loss is significant. In addition, it is unclear if RSA is effective in patients showing failure with non-operative treatment of a proximal humeral tumor. Materials and Methods: A reconstruction was performed using an overlapping allograft-RSA composite for 11 patients with a failed proximal humeral construct. Delayed RSA was performed on 6 patients with failed non-operative treatment. The pre- and postoperative Musculoskeletal Tumor Society (MSTS) score and the complications were addressed. Results: Overlapping allograft-RSA composite afforded a stable construct in 11 failed proximal humeral reconstructions and the patient's chief complaints were resolved. The mean time to the union of overlapped allograft-host junction was 5.5 months. Average preoperative MSTS score of 20.3 point increased to 25.7 point, postoperatively. Four of the six patients who had RSA within 4 years from the index operation showed arm elevation of more than $90^{\circ}$ whereas the remaining 5 patients showed some disability. The complications include one case each of dislocation and aseptic infection, which were resolved by changing the polyethylene liner and scar revision, respectively. None of the 6 patients who underwent delayed RSA after the failure of non-operative treatment showed arm elevation more than $90^{\circ}$. Conclusion: An overlapping allograft-RSA composite is a simple and reliable reconstructive modality in patients with massive bone loss. In patients with metastatic cancer necessitating a surgical resection at presentation, early conversion to RSA is recommended to secure functional recovery.

Basic Study on the Building Principles of Structure in Mireuksaji Stone Pagoda (미륵사지서탑 축조의 구조 원리에 관한 기초 연구 6~7세기 전반 목탑과의 비교분석을 중심으로)

  • Cho, Eun Kyung
    • Korean Journal of Heritage: History & Science
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    • v.42 no.2
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    • pp.86-109
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    • 2009
  • Mireuksa Temple was founded during the reign of King Mu of Baekje(AD 600-641). The circumstance of the construction of this temple is documented in "Memorabilia of the Three Kingdoms (Samgukyusa)". The pagoda named stone pagoda at Mireuksaji temple stands outside the main sanctuary of the western area. The south and west sides of the stone pagoda have completely collapsed, leaving only the eastern facade of six of its levels intact. Through the recent discovery of sarira reliquary we can see that the erection of this pagoda was in 639. So owing to accumulation of excavation results about Baekje temple site and vigorous academic exchange, it is possible that architecture of western pagoda at Mireuksaji temple can be understood in connection with the architectural development of wooden pagoda from 6th to early 7th century in East Asia. So this study is on the consideration of building of this pagoda putting first structure of upper part and cross-shaped space in 1st floor. It was considered that the material characteristics as stone could be applied to the temple pagoda architecture of large scale. The results are as follows. First, it had been built in recognition that the outer and inner part of pagoda should be separated. As it is the expression of structural system in temple pagoda architecture of large scale at that time. In pagoda there was a self-erected structure and the members of outer part of it were constructed additionally. Second, in Mireuksaji stone pagoda there is central column with stones. With inner part of pagoda it can be regarded as mixed structural system that constitutes central contral column and inner structural part. And it could be a kind of middle step to more developed structure of whole as wooden pagodas in Japan. Third, as the sarira reliquary was in central column on the first floor, the cross-shaped space could be made. The formation of this space was so on the natural meaning of sarira that the concept as memorial service of graves could be apllied to the pagoda. The style of tomb in Baekje was expressed to the space of 1st floor in pagoda where Sarira had been mstalled. That was not only effective presentation of symbolic space but also easier method in the use of same material.

Formative Characteristics of Water Space and Scenic Spot of Baegun-dong Wonlim in Gangjin Aaun Village (강진 안운마을 백운동원림의 승경과 수공간의 조영 특성)

  • Park, Yool-Jin;Kim, Hong-Gyun;Rho, Jae-Hyun;Kim, Hwa-Ok;Goh, Yea-Bin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.2
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    • pp.99-107
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    • 2011
  • This study is aiming to acquire data for enhancing genuineness of restoration through reviewing external and internal scenery of Baegun-dong Wonlim such as Baegun-dong 8 Objects of Scenery(pines, bamboos, chrysanthemum, orchid, maehwa blossom, magnolia, fiddle and crane) and 12 Scenic Spots and reviewing internal and external scenery of Baegun-dong Wonlim such as views and scenery for plantation. For Baegun-dong 8 Young which sang songs about scenic spots of Baegun-dong Wonlim it seemed that its head words were formed through borrowing rhyming words from caption of Baegun-dong Yuseogi(白雲洞幽棲記). Accordingly it seemed these scenery secured its status of Wonlim from the beginning. Particularly the words of fiddle and crane in 琴棋書畵(Geumgisuhha) implied that playing Komungo and brushwriting were firmly rooted as romantic pursuits of classical scholars of that time. In consideration of distance upto Okpanbong which is one of 12 scenic spots of Baegun-dong radius of outer circumference is estimated to be around 1.6km. From Okgpanbong, the epicenter, Sandagyeong, Baegokmae, Hongokpok and Pungdan etc. correspond to transitional space. And inner scenery was formed with hub of thatched cottages and bowers surrounded with chrysanthemums, poenies, rhododendron, Phyllostachys bambusoides, pines and upper and lower water paths. Thus it seemed there was scenic structure of centrifugal nature as well as of multiplicity. Forms of majority of water paths with residual structure found in the country have streamlined forms on the other hand Baegun-dong water paths have straight line which almost dominate inner gardens in terms of scale and forms thus revealing its extraordinary idea and design. In order to promote genuine restoration of Baegun-dong Wonlim it will be necessary to have consideration from standpoint of managing perspective to assure presentation of gradual scenery with elements of scenic objects for outer view among 12 Scenic Spots.

North Korean folk Operas and Musical Politics of Selection - Focused on National Operas Prior to Revolutionary Operas (북한 초기 고전 각색 가극과 선별의 음악 정치 - 혁명가극 이전 민족 가극을 중심으로)

  • Chung, Myung-Mun
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.69-96
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    • 2019
  • North Korea has conserved operas in a selective manner. The subject matters of operas recorded in the history of North Korea can be divided into classical tales, translated foreign works, Korean War and war against Japan. Operas that adapted folk classics of the 1950s are considered valuable materials to verify the changes of genres posterior to division of regime between North and South Korea. The officially confirmed works include "Kumgangsan Palseonnyeo (Gyeonwoo Jiknyeo)," "Chunhyangjeon." "Kongjwi Patjwi (Kotsin)," "Ondal," and "Geumnaneui Dal." These works had gone through recreation in terms of realistic situation setting, abolition of class difference, adjustment of social rank and punishment of evil while the base lies in the original folk classics. People emphasized in adapted folk operas are described as those who are hard-working souls without giving importance of difference of social rank, content with the currently living space, devoted to their parents and full of patriotic spirit, and members of community who participate in organized fights against unfair exploitation. This was the fruit of encouragement of work creation supporting union between labor and individual life, destruction of old things and fight promoting this destruction. Folk operas of South and North Korea posterior to Korean War have similarities in that both deal with a love story transcending social ranks and the concomitant conflicts and they focus on the audience who enjoy the operas. Nonetheless, they are different in that this love in North Korea became a tool of educating people wished by the regime, while it became an object of securing the audience by adding the tragic element to love in South Korea. North Korean operas of the initial stage are characterized by playwriting method emphasizing difficult life and compensation of common people, realistic stage expression, accentuation of melody and agreement between notes and lyrics. This was efforts designed to continuously lead senses concentrated from the theater to everyday life of people. In effect, this is in line with the playwriting method of revolutionary operas. Adapted folk operas were subject matters ideal for easily approaching the audience and leaving them good memories at the same time. To realize socialist realism, they went through an experiment of reviewing "people" through the classic folk operas. The possibility of continuation of a work was determined by thorough evaluation after carrying out an experiment in terms of subject matters, theme, music and operation plans from the moment of which the work was on the stage. The sign consisted in the possibility of visit of "Kim Il-sung" to appreciate the work and presentation of directionality. By proposing the clear directionality of which hard-working people who deny social status system can be duly compensated, it encouraged the audience who saw the opera to voluntarily put this in practice. Thus, operas established the directionality through selective processes for creating public communion even before revolutionary operas.