• Journal of Arbitration Studies
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• v.31 no.2
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• Journal of Ocean Engineering and Technology
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• v.5 no.1
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• pp.35-44
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• 1991

This study was carried out for the purpose of pre-estimating long-term settlement under condition of actual field soil's property, in case of building up industrial sites on the marine deposit silty clay located at West Coast in Korea. This study analyzed Hyperbolic Method, Square Root Time Method and Exponential Function Method with utilization of measured survey values of settlement in In-Cheon Namdong Industrial Sites. In the future, for the continuos utilization, it seemed to be needed that further the survey values of fields should be accurartely measured for the analysis of more accurate pre-estimate about long-term settlement. Among the prediction methods of settlement Hyperbolic Method seemed to be the best fitting method for measured data. The settlement equations were derived from above three methods, for long-term settlements.

• Proceedings of the KSR Conference
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• 2010.06a
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• pp.249-255
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• 2010

Ballasted track is under the circumstance of repetition of deterioration and recovery. Track deterioration is presented as track irregularity or settlement, and dynamic force subjected to track is one of major cause of the deterioration. The dynamic force is determined from the dynamic interaction between track and vehicle. Rail-pad stiffness is one of the factor affects track dynamic property. In this study, the relationship between rail-pad stiffness and track settlement was investigated. Dynamic forces according to various rail-pad stiffness was obtained from the dynamic vehicle-track interaction analysis using DARTS-NL. Track settlement was calculated by substitution the dynamic forces into various formulas for track settlement. From the result of analysis, it was known that the track settlement is increased about 6% when the rail-pad stiffness rise about twice. And this result leads that there is only a little relationship between rail-pad stiffness and track settlement.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.547-584
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• 2004

Information technology(IT) is changing rapidly based on growth of internet and computer businesses. Therefore, computer programs and softwares are distributed to computer users promptly for their productivity increase and efficient work. So, in the distribution, the softwares will be copied or released through network or other methods which are not authorized by the program owners. In that case, copyright dispute is incurred and various issues are come out due to infringement of the software copyright. Thus, the purpose of this study is to research infringement cases of the software copyright and how to settle the dispute which is related with software programs. To achieve the purpose of this study, this research consisted of 5 chapters. At chapter 1 introduction, it mentioned necessity of this study, purpose and how to research this study, and at chapter 2 dispute factors indicated and summarized for technical resolution. At chapter 3, infringement cases of software copyright analyzed and studied upon intellectual property(IP) related laws. And methods of dispute settlement discussed and suggested to chapter 4 for copyright and intellectual property protection. Also, it emphasized importance of arbitration to resolve the issues timely and avoid time and economical consumption. Of course, arbitration law has to be matched with the trend of technology development for effective settlement. At chapter 5 conclusion, it summarized this research and suggested further research for empirical test of economic value of the software copyright upon the aspect of business, law, and engineering. In this study, the results are 1) IP related laws have to be enacted or revised to meet technical changes for the protection of software copyright on time. The enactment or the revision of law takes a long time, therefore, to deal the dispute effectively, 2) arbitration law has to be utilized efficiently in order to resolve issues and settle the dispute promptly. It is suggested the dispute settlement through arbitration to save time and economic matters for legislation, and to harmony with the technology trends. 3) Recognition of software copyright is to be improved by users and enterprises for development of software related industries and intellectual property protection. In conclusion, the protection of software copyright is important than any other things in the field of IT because of the development of industry and intellectual property related laws. The development is for areas of business, law and engineering, so research and practices are to be combined with the areas so that it could resolve the dispute settlement and IP protection effectively.

• Journal of the Korean Geosynthetics Society
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• v.9 no.2
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• pp.1-9
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• 2010

At present, the sand mat method is actively used for improvement of soft ground. But, there are some problems related with sand mat which has been used as a way to accelerate consolidation settlement. First of all, insufficiency of sand due to imbalances in market supply and demand is the one of the biggest problems, which makes price high of sand and delays a term of total construction work. Moreover, it is necessary to preserve integrity of environment from natural disruption caused by indiscreet quarrying and dredging operation to supply sand for soil improvement construction site. This paper presents the feasibility study to use of Precious Slag Ball instead of sand mat as the replacing material through the basic soil property tests, the medium of discharge capacity test and analysis of settlement property. It is also evaluates the performance of Precious Slag Ball as a sand mat in terms of discharge capacity, ground settlement by the K-Embank program based on field experimental work.

• Journal of Industrial Technology
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• v.27 no.B
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• pp.201-208
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• 2007

This paper is research results of investigating the elastic settlement behavior of the coastal caisson structure built on the sandy deposit by comparing results of centrifuge model experiments and those of existing methods of estimating elastic settlement. Basic soil property tests such as specific gravity test, grain size distribution test and organic content test with disturbed soil sampled from the site were carried out. The centrifuge experiment of model satisfying the required design criteria was performed under 50 of artificial accelerated gravitational force condition. The Centrifuge model experimental results were compared and analyzed with the current methods of estimating settlement based on the elastic modulus obtained from the results of odeometer tests and empirical methods from literature reviews.

• Journal of Korean Society of Environmental Engineers
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• v.27 no.5
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• pp.486-490
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• 2005

Fine recycled-concrete aggregates(RCAs) instead of natural sand were tested for a foundation material under sewage conduit system, which was evaluated based on foundation settlement at various conditions. To obtain this applicability of RCAs, the settlement behavior was simulated with FLAC program based on the difference of material properties, and immediate settlement behaviors and the change of material properties under the simulated drainage conditions also tested at the various loading conditions in the laboratory. Finally, large-scale settlement test in the field was conducted to prove the above feasibilities. Subsequently, the amount of settlement from the FLAC simulation was calculated under $5.0{\times}10^{-6}\;m$ and the extent of settlement and property changes (porosity, permeability and waster absorption) was not noticeable from the laboratory experiments. Also, settlement monitoring from the field experiment showed the consistent results with laboratory experiments except for the consolidation settlement(=5 mm) of the round below the foundation. In summary, adopting fine RCAs as a foundation material for sewage conduit system was resonable based of geotechnical point of view.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.125-167
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• 2003

ADR program is designed to solve the problem such as the increase of suits and decision delayed. ADR program has the several significances, decreasing inappropriate cost as time and burden of courts, providing an approachable measure of relief and more efficient tool for settlement of dispute. Particularly ADR program satisfies the needs Intellectual property disputes need specialists that are versed in the subjected problem and, need to be souled quickly in confidence. And parties concerned are not good at the strict judicial procedure in courts, At this point, ADR program holds some advantages over court proceeding for intellectual property disputes. Specialists can be selected as arbitrators or mediator; Cofidentiality may be preserved; Flexibility allows settlement based on mutual commercial interests; Single solution is possible for multiple disputes involving parties from different countries. However, ADR program has not been properly used in. Korea, which is due to not only the lack of understanding the ADR program, but the poor number of filings and settlements. Intermediaries are not professional and also they do not take active hands in disputes. Sometimes, their fairness is asked as peacemakers. Eventually, it is said that this program is not enough to settle international disputes. To activate the ADR program, we can propose the ADR program annexed to court for example. And we can introduce the conciliation and arbitration to disputes in intellectual property. Traditionally arbitration has been a crucial issue in intellectual property disputes. In that intellectual property rights are granted by the local sovereign power, many legal systems in the past maintained the position that the existence, extent, meaning and application of such rights could only be definitively decided by the granting authority or the courts of that country. There is wide recognition that the arbitration of intellectual property is desirable. The law in most of the major countries has been changed in recent years in favor of arbitrability of intellectual property rights. We can also propose ADR on-line.

• Proceedings of the KSR Conference
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• 2011.10a
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• pp.3201-3207
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• 2011

This paper reviewed wave propagation of train vibration based on the study of high speed railway soft ground section with pile slab construction. In a filed of railway, concrete track has been adapted in a railway construction. And in order to maintain its track, soil improving method was required to control residual settlement. Within many soft ground settlement prevention techniques, pile slab method has an effect of minimizing residual settlement of soft ground. This is possible using support embankment load method by construct pile slab or cap the upper soft ground. This paper reviewed vibration wave characteristic of soft ground section with pile slab using numerical analysis application through finite element analysis. Pile slab method is established between high stiffened soft ground and embankment this creates a possibility of vibration block or slab amplification. Thus analyzed of wave propagation was done with roadbed and structure property to confirm application performance of pile slab method of high speed railway structure.

• Journal of the Korean GEO-environmental Society
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• v.10 no.4
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• pp.33-40
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• 2009

In earthwork projects, the designer considers cut and fill balance for minimizing earthwork which may significantly decrease construction costs. Despite carrying out considerable earthwork design, the decrease in volume of earth occurs in construction sites because of embankment settlement under self-weight, consolidation settlement of soft ground, cavity filling and soil loss due to rainfall-runoff. To reflect the decrease in volume of earth, the specifications for road construction just give shrinkage factors in embankment for soils without consideration of embankment settlement under self-weight. In this study, the computational method is used to estimate the amount of embankment settlement under self-weight developed by Iseda (1972) and Ishii (1976). This research shows that the total compression settlements are between 3 to 10 percent of embankment height according to the property of embankment material and embankment height. As a result, the designer should consider the compression settlement on embankment material under selt-weight.