• Title/Summary/Keyword: Scope Definition

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The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act (북한의 외국인투자법과 대외경제중재법의 적용범위)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.91-120
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    • 2020
  • The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

The definition and the nature of voluntary agreement for the arbitration which third party confirms factual bases of relationship of rights and duties, determines and supplements or modifies contents of the contract (중재감정계약의 의의 및 법적 성질)

  • 강수미
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.55-88
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    • 2002
  • Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

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Study on Legal Issues and Scope of Medical Technologist's Practice (임상병리사 업무 범위와 법률적 고찰)

  • Shim, Moon-Jung;Koo, Bon-Kyeong;Park, Chang-Eun
    • Korean Journal of Clinical Laboratory Science
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    • v.49 no.2
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    • pp.55-68
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    • 2017
  • In recent years, medical practice has seen a drastic change due to the rapid, exponential expansion of scientific and medical technologies. Specially, the role of medical technologists (also known as medical laboratory scientists and/or clinical laboratory scientists) are increasing in the development of science of medical technology. As such, their responsibility has also been increasing. Therefore, given their highly specialized knowledge and skills, they are not regarded solely as doctor's assistants. Their independence and deeper specialization have been increasing, as they perform medial practices under the guidance of doctors or dentists pursuant to the "Act on Medical Service Technologists." From a legal point of view, medical guidance and scope of work were examined. As a conclusion, the definition of doctor's superintendency on the "Act on Medical Service Technologists" is required, and the qualification for the Korean license examination and their roles should be stated clearly. Moreover, communications among health professions regarding the roles of medical technologists are necessary to further facilitate clarification of their role. There is a need for independent legislation to expand the field of medical technologists and to strengthen their professionalism.

Design Development of Fashion Cultural Goods to which Korea Image is applied - mainly centering around the goods of scarf and necktie - (한국적 이미지를 응용한 패션문화상품디자인 개발연구 - 스카프, 넥타이 상품을 중심으로 -)

  • Nam Jae-Kyung
    • Journal of Science of Art and Design
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    • v.6
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    • pp.249-266
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    • 2004
  • Nowadays more than 200 countries are living on the earth in international relation. Having their own culture and history, these countries constitute international society, creating their national image with their own identity based on the culture and history. Though each country has cultural goods in which it combines its culture and history to economic area, the global and cultural goods representing a country is not made in short term, but completed by the combination of its long tradition, cultural consciousness of the nation and artistic level. That is to say, the image developed by the country is naturally embodied in the goods and the world recognizes the image and confirms the goods. To embody such Korean and global goods, it is essential to put priority on the research of history and culture of our society. Needless to say, it is very important to find the value of our own differentiated beauty and apply it to each area of design industry. Recognizing the differentiated value of our own cultural originality, this research performs the design of scarf and necktie to exhibit Korean image in modern and fashionable ways for commercialization by developing design of fashion and cultural goods to which Korean image is applied. Through literature and various informations, the theme of design that can best convey Korean image is determined to be the national flag of Korea, Taegeukki and five cardinal colors and the researching method is as follows. First, though the area of developing designs of cultural goods is very wide and various including commerce, industry, products , fashion, handicraft and traditional handicraft, etc., this research sets the scope of developing design, focusing on the fashion accessories utilizing the textile design such as costume, scarf, necktie and so on. Second, the definition and scope of cultural goods and the present situation of domestic cultural goods will be examined. Third, the modelling property and symbolic meaning of the national flag of Korea (Taegeultki) and five cardinal colors, the theme of design will be studied. Fourth, on the basis of above research, scarf and necktie will be designed by modern and fashionable design to which Korean image is applied. Fifth, this is textured in textile printing and gradation for commercialization.

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A study on unmanned watch system using ubiquitous sensor network technology (유비쿼터스 센서 네트워크 기술을 활용한 무인감시체계 연구)

  • Wee, Kyoum-Bok
    • Journal of National Security and Military Science
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    • s.7
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    • pp.271-303
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    • 2009
  • "Ubiquitous sensor network" definition is this-Someone attaches electro-magnetic tag everything which needs communication between man to man, man to material and material to material(Ubiquitous). By using attached every electro-magnetic tag, someone detects it's native information as well as environmental information such as temperature, humidity, pollution and infiltration information(Sensor). someone connects it realtime network and manage generated information(Network). 21st century's war is joint combined operation connecting with ground, sea and air smoothly in digitalized war field, and is systematic war provided realtime information from sensor to shooter. So, it needs dramatic development on watch reconnaissance, command and control, pinpoint strike etc. Ubiquitous computing and network technologies are essential in national defense to operate 21st century style war. It is possible to use many parts such as USN combined smart dust and sensor network to protect friend unit as well as to watch enemy's deep area by unmanned reconnaissance, wearable computer upgrading soldier's operational ability and combat power dramatically, RFID which can be used material management as well as on time support. Especially, unmanned watch system using USN is core part to transit network centric military service and to get national defense efficiency which overcome the dilemma of national defense person resource reducing, and upgrade guard quality level, and improve combat power by normalizing guardian's bio rhythm. According to the test result of sensor network unmanned watch system, it needs more effort and time to stabilize because of low USN technology maturity and using maturity. In the future, USN unmanned watch system project must be decided the application scope such as application area and starting point by evaluating technology maturity and using maturity. And when you decide application scope, you must consider not only short period goal as cost reduction, soldier decrease and guard power upgrade but also long period goal as advanced defense ability strength. You must build basic infra in advance such as light cable network, frequency allocation and power facility etc. First of all, it must get budget guarantee and driving force for USN unmanned watch system project related to defense policy. You must forwarded the USN project assuming posses of operation skill as procedure, system, standard, training in advance. Operational skill posses is come from step by step application strategy such as test phase, introduction phase, spread phase, stabilization phase and also repeated test application taking example project.

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A Study on the Peirce's Semiotics and Understanding of Symbol Marks (퍼어스 기호론과 심볼마크의 이해)

  • Hwang, Hyun-Taik
    • Archives of design research
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    • v.18 no.1 s.59
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    • pp.5-16
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    • 2005
  • As for the public, it is hard to understand semiotics because of the scope of an enormous semiotics education. This study is making semiotics of Charles Sanders Peirce the subject. I thought that utilization can hold his semiotics study in a visual design field. First of all, this study considered design related papers related to the existing semiotics again and study found an error of the existing semiotics study and understanding did category concept with re-definition about semiotics of Peirce. Explained a symbol mark through understanding of semiotics of Peirce. This study was able to get the following conclusion through these results. 1) A symbol mark means one product, sonics, company oneself with a custom. Therefore, it is a rule symbol in the Representation side. 2) A symbol mark symbolizes an object with one symbol, so a symbol mark is a symbol in an object. 3) Because a symbol mark exists through a social rule, in semiotics definition of Peirce, this must become understanding with a Argument symbol. 4) A symbol mark is what a company or an organization field used from the past, and the public are recognizing this how. Therefore, it works as fact a company attaches a symbol mark to own product, and to show the public a symbol mark. A symbol mark is Dicent Sign in Interpretant. A rule and understanding about a lot of types which have various mutual relation, Peirce classification and understanding of a symbol mark tells to demand is holding that understanding a type of semiotics with the concept that is not an image to us.

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Generating Intermediate Representation of IDL Using the CFE (CFE를 사용한 IDL 중간 표현 생성)

  • Park, Chan-Mo;Song, Gi-Beom;Hong, Seong-Pyo;Lee, Hyok;Lee, Jeong-Ki;Lee, Joon
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 1999.05a
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    • pp.192-197
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    • 1999
  • Programmers who write distributed programs are faced with a dilemma when writing the systems communication code. If the code is written by hand or partly by hand, then the speed of the application may be maximized, but the human effort required to implement and maintain the system is greatly increased. On the other hand, if the code is generated using a CORBA IDL compiler then the programmer effort will be reduced, but the performance of the application may be poor. So we need the optimizing the code generated by CORBA IDL compiler. We introduce the techniques which have been used by typical programming languages into compilation of IDL. We separate the phase of compilation into three phase. The first phase parses interface definition in IDL, manages nested scope and generates AST(Abstract Syntax Tree). The second phase implements the optimization. The third phase generates the code in target language. In this paper, we focus on the first phase. We separate interface definition into interface and message representation from AST. This supports the separate optimization of code in second phase.

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A Study of Information Systems Development for Marketing Strategy (효율적(效率的)인 마아케팅 정보(情報) 시스템 구축(構築) 방안(方案)에 관한 연구(硏究))

  • Won, Doo-Hi
    • Korean Business Review
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    • v.4
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    • pp.355-383
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    • 1991
  • 1. The Purpose of This study research: The focus of marketing until recently has simply been on sales which means the transfer of goods from the producer to the consumer and on profits therefrom. However, the excess supply of goods due to the expansion of the economy and the resulting fierce competition between companies have changed the nature of marketing. Maximizing consumers' satisfaction and establishing marketing mix strategies for market subdivision and penetration into the target market are now significant roles of the marketing manager. In addition, with regard to company management, information within the company which had been collected, managed and processed sporadically indegrated manner. The purpose of this research on marketing information systems in connection with the above will be to seek ways enabling us to create an efficient and integrated information system for an entire company. 2. The Method and Scop of This Stdudy: Marketing information systems, as a part of management information systems, shall be examined based on relevant theoretical literature. The research process shall be generally developed as follows: 1) The basic structure of the marketing information systems, including its fundamental purpose and necessity, shall be examined. 2) The method for a specific plan shall be presented through fundamental marketing strategy concepts and marketing decision-making. 3) A general model shall be presented based on examinations of various mod els used for marketing information systems and on research of the models' relationship with management information systems. 4) The direction of development shall be presented as the basis for gradual development following examination of the scope, pertinent issues, and means of improvement of the marketing information systems. 3. Summary and Conclusion: As the competition among the enterprises has become keen and thus the management of the contemporary enterprises shows the tendencies of uncertainty as well as complexity, all the managers must make the correct and prompt decision of their mind. Otherwise, the danger which will lead to and failure in the failure in the business may befall to the enterprise. Though computer system and information related techniques have the endless potentiality for the improvement of the enterprise, those are granted only to the enterprise which will be able to manage the computer system and information related techniques. In the contemporary industrial society, the need to a managerial information system has been increasing because all the complicated information can be stored, disposed and managed by the efficient method. And the marketing information system is also the integrated system which has been formed and developed through the efficient mixture of all the constituent elements including the definition of marketing research as the definition of the information system has been enlarged due to the reason shown above. The common point of the two systems is the man machine system functioning to help the efficient decision of the mind by introducing the computer system on the basis of user manager centered thought in order to provide informations to be useful in operation and management of the organization and the function of the mind decision. The purpose for the marketing information system lies in making the utmost use of marketing information available in the course of the mind decision. The reason why the contemporary enterprises necessitate the marketing information system are as follows: 1) The stages of the business operation are expanded wide to the world. 2) As the living standards of the consumers have been on the rise, the enter prise has to satisfy the consumer's "wants" than simple "needs".

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Study on the Standardization of Korean Distribution Terminology through its Usage Survey (유통분야 전문용어 사용실태 조사를 통한 용어 표준화 연구)

  • Han, Kyu-Chul;Lee, Sang-Youn
    • Journal of Distribution Science
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    • v.13 no.4
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    • pp.77-87
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    • 2015
  • Purpose - This study aims to investigate the current state of distribution terminology usage by retailers and consumers nationwide, and to suggest a practical improvement plan for its standardization. The Korean distribution industry is closely related to consumers' daily lives. However, in reality, there exists a gap among producers, distributors, and consumers in terms of the definition, understanding, and perception of the terminology. Therefore, standardizing this terminology is essential for more smooth communication. This paper suggests the necessity of committing overall research and survey activities to the actual conditions of using Korean distribution terminology by organizations and their respective management situations, and further, the necessity of probing the problem and its measures in line with the objective and mission of the "Fundamental Law of the Korean Language." Research design, data, and methodology - This study's scope is limited to wholesale and retail including some information systems. First, the study covers most written material including lexicons and glossary of distribution terminology, university textbooks and teaching material for national certificate of qualification, and related laws and ordinances. Second, the survey covers retailers' management situations by store format. The retailers used as the sample for the survey include department stores, discount stores, SSM, and convenience stores. Altogether, 20 specialists were interviewed in their respective sectors or retail formats. Finally, the project team surveyed a sample of 1,300 consumers nationwide on 50 distribution terms mainly used by consumers, including those about awareness, understanding, usage, and attitude. Results - In total, 1,249 terms are drawn through literature research including distribution terminology used in the related literature, glossary and lexicons, distribution terminology in textbooks, and legal terminology. A classified table comprises four large categories including general distribution, distribution marketing, distribution information, and merchandise. The results of the three-step research including literature survey, field survey of retailers, and consumer survey were advised to be screened by academia (retail associations, faculty etc.), retailers (major retail management by store format), retail specialists and consultants, consumers, and Korean linguists. In total, 1,300 questionnaires for 50 terms of the distribution terminology closely associated with consumers were distributed to subjects nationwide. Conclusions - The desired and expected results from this study are summarized from three perspectives as follows: First, from retailers' perspective, a new concept, or coinage of new terms of the distribution industry stems from advanced countries such as America and Europe. However, the original meaning and definition are diluted and distorted with changes in the language users' situations and context. This study provides basic guidelines for standardization of distribution terms used among various retail formats in most daily life situations that consumers encounter. Second, from the nation's perspective, this study suggests optimal choices of distribution terminology in the context of laws and ordinances regarding concerned Ministries. Last, from the consumers' perspective, this paper enables consumers to understand and use distribution terms properly in their daily life.

A Study on the Development of Topographical Variables and Algorithm for Mountain Classification (산지 경계 추출을 위한 지형학적 변수 선정과 알고리즘 개발)

  • Choi, Jungsun;Jang, Hyo Jin;Shim, Woo Jin;An, Yoosoon;Shin, Hyeshop;Lee, Seung-Jin;Park, Soo Jin
    • Journal of The Geomorphological Association of Korea
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    • v.25 no.3
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    • pp.1-18
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    • 2018
  • In Korea, 64% of the land is known as mountain area, but the definition and classification standard of mountain are not clear. Demand for utilization and development of mountain area is increasing. In this situation, the unclear definition and scope of the mountain area can lead to the destruction of the mountain and the increase of disasters due to indiscreet permission of forestland use conversion. Therefore, this study analyzed the variables and criteria that can extract the mountain boundaries through the questionnaire survey and the terrain analysis. We developed a mountain boundary extraction algorithm that can classify topographic mountain by using selected variables. As a result, 72.1% of the total land was analyzed as mountain area. For the three catchment areas with different mountain area ratio, we compared the results with the existing data such as forestland map and cadastral map. We confirmed the differences in boundary and distribution of mountain. In a catchment area with predominantly mountainous area, the algorithmbased mountain classification results were judged to be wider than the mountain or forest of the two maps. On the other hand, in the basin where the non-mountainous region predominated, algorithm-based results yielded a lower mountain area ratio than the other two maps. In the two maps, we was able to confirm the distribution of fragmented mountains. However, these areas were classified as non-mountain areas in algorithm-based results. We concluded that this result occurred because of the algorithm, so it is necessary to refine and elaborate the algorithm afterward. Nevertheless, this algorithm can analyze the topographic variables and the optimal value by watershed that can distinguish the mountain area. The results of this study are significant in that the mountain boundaries were extracted considering the characteristics of different mountain topography by region. This study will help establish policies for stable mountain management.