• Journal of Arbitration Studies
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• v.26 no.4
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Journal of the Korea Society of Computer and Information
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• v.4 no.1
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• pp.28-37
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• 1999

In this paper. we developed a delay test architecture and test procedure for clocked 5-bit asynchronous counter circuit based on boundary scan architecture. To develope, we analyze the problems of conventional method on delay test for clocked sequential circuit in boundary scan architecture. This paper discusses several problems of delay test on boundary scan architecture for clocked sequential circuit. Conventional test method has some problems of improper capture timing, of same pattern insertion, of increase of test time. We suggest a delay test architecture and test procedure, is based on a clock count-generation technique to generate continuous clocks for clocked input of CUT. The simulation results or 5-bit counter shows the accurate operation and effectiveness of the proposed delay test architecture and procedure.

• Analytical Science and Technology
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• v.17 no.5
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• pp.438-442
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• 2004

To determine the contents of $^{99}Tc$ in the spent PWR (pressurized water reactor) nuclear fuels by ICP-MS (inductively coupled plasma-mass spectrometry), a technetium separation method using an extraction chromatographic resin (TEVA Spec resin) has been established. $^{99}Tc$ was separated from a spent PWR nuclear fuel solution by this separation procedure and its concentration was determined by ICP-MS. The result agrees well with the value calculated by the program ORIGEN 2 and also the value measured by AG MP-1 resin/ICP-MS method described in our previous paper. It can be concluded that the present separation procedure is superior to the AG MP-1 resin procedure with respect to the time required for technetium separation as well as the efficiency of decontamination from other radioactive nuclides.

• Transactions of the Korean Society for Noise and Vibration Engineering
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• v.15 no.1 s.94
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• pp.29-38
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• 2005

The track pull-in behavior analysis in an optical disk drive (ODD) using plane phase and the evaluations for effecting parameters of it are discussed. Track pull-in, track capture procedure to do track following control, is a key factor to increase data transfer rate. First, the relative velocity between the beam spot of an optical pick-up and the target track of an optical disk is analyzed during the track pull-in procedure. In this process, it is showed that the track error signal has nonlinear characteristics which are depending on the time. Second, Runge-Kutta method to solve the nonlinear equation is applied to find the track pull-in behavior, and some optimal parameters to get stable and fast pull-in condition are obtained. Then, the phase plane analysis for track pull-in procedure is presented. Finally, some comments for the simulated results are discussed briefly.

• Transactions of the Korean Society of Mechanical Engineers
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• v.17 no.8
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• pp.1883-1897
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• 1993

Interactive computer-aided analysis of mechanical systems has recently been undergoing an evolution due to highly efficient computer graphics. The industrial implementation of state-of-the-art analytical developments in mechanisms has been facilitated by computer-aided design packages because these rigid-body mechanism analysis programs dramatically reduce the time required for linkage design. This paper proposes a component modular approach to computeraided kinematic motion analysis for general planar multiloop mechanisms. Most multiloop mechanisms can be decomposed into serveral components. The kinematic properties (position, velocity, and acceleration) of every node can then be determined from the kinematic analysis of the corresponding component modules by a closed-form solution procedure. In this paper, 8 types of modules are defined and formulations for kinematic analysis of the component modules are derived. Then a computer-aided kinematic analysis program is developed using the proposed approach and the solution procedure of an example shows the effectiveness and accuracy on the approach.

• Transactions of the Korean Society for Noise and Vibration Engineering
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• v.16 no.12 s.117
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• pp.1192-1200
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• 2006

Viscoelastic damping materials are widely used to reduce noise and vibration because of its low cost and easy implementation, for examples, on the body structure of passenger cars, air planes, electric appliances and ships. To design the damped structures, the material property such as elastic modulus and loss factor is essential information. The four-parameter fractional derivative model well describes the dynamic characteristics of the viscoelastic damping materials with respect to both frequency and temperature. However, the identification procedure of the four-parameter is very time-consuming one. In this study a new identification procedure of the four-parameters is proposed by using an FE model and a gradient-based numerical search algorithm. The identification procedure goes two sequential steps to make measured frequency response functions(FRF) coincident with simulated FRFs: the first one is a peak alignment step and the second one is an amplitude adjustment step. A numerical example shows that the proposed method is useful in identifying the viscoelastic material parameters of fractional derivative model.

• Asian-Australasian Journal of Animal Sciences
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• v.8 no.2
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• pp.145-149
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• 1995

Validity of use of a Y-maze for determining a foraging strategy of cattle was investigated with the object of establishing a procedure of testing foraging strategies of large herbivores. Cattle were placed in a start box of a Y-maze, forced into either goal arm and allowed to consume half of the feed at the end of the arm. Then, cattle were returned to the start box and allowed to choose either arm in the second half of a trial. This time animals were allowed to deplete the feed in the goal arm they chose. A return to the previous arm was recorded a "stay" Choice of the other arm was recorded as a "shift". Shift strategy was not observed. Rather, their behavior appeared either random or stay. However, it might have been caused by inappropriateness of the application of the apparatus and/or the procedure used in the study of foraging behavior of rats. Although the existence of lateral preference was suggested, further study with an elaborated procedure will be necessary to investigate foraging strategies of cattle.

• Journal of ILASS-Korea
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• v.18 no.3
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• pp.155-160
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• 2013

Worldwide harmonized light-duty vehicle test procedure (WLTP) for emission certification has been developed in WP.29 forum in UN ECE since 2007. The test procedure is expected to be applied to Korean light-duty diesel vehicles at the same time of adoption in Europe. The air pollutant emissions from light-duty vehicles have been regulated with weight per distance travelled which means the driving cycles can affect the results. The six Euro-5 light-duty diesel vehicles including sedan, SUV and truck have been tested with WLTP, NEDC which is used for emission certification for light-duty diesel vehicles, and CVS-75 to estimate how much particle number emission can be affected by different driving cycles. The averaged particle number emissions have not shown statistically meaningful difference. The maximum particle number emission have been found in Low speed phase of WLTP which is mainly caused by cooled engine conditions. The amount of particle number emission in cooled engine condition is much different as test vehicles. It means different technical solution is required in this aspect to cope with WLTP driving cycle.

• Journal of the Earthquake Engineering Society of Korea
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• v.6 no.3
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• pp.87-93
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• 2002

A procedure for figuring out proper amount of additional viscous damping required to keep the inelastic deformation of a plan-wise asymmetric structure within a given target performance point was developed. To this end the behavior of an asymmetric nonlinear structure after yielding is investigated. Then a formula for the required amount of equivalent damping was derived based on the ductility demand of the structure. The procedure was applied to a five-story asymmetric structure subjected to an earthquake load. According to the comparison with the results from the dynamic time-history analysis, the structure with viscous dampers installed in accordance with the proposed procedure showed satisfactory seismic performance in both the stiff and the flexible edges.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.33 no.3
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• pp.199-207
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• 2010

In this paper considered is the provisioning quantity determination problem of consumable concurrent spare parts (CSP) of a new equipment system to minimize the procurement cost under the operational availability constraint. When a part fails, repair of the failed part is impossible and the part is replaced and cannibalization is allowed. The failure of a part is assumed to follow a Poisson process and the operational availability in CSP is defined. The solution procedure consists of two parts. Firstly, a heuristic algorithm is developed under the assumption that the failure rate is constant during the CSP period. Secondly, proposed is a simulation search procedure which improves the heuristic solution to the near optimal solution in a reasonable amount of time. An illustrative example is shown to explain the solution procedure.