• Title/Summary/Keyword: The Measures of agreement

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A Case Study of FTA Utilization on the Violation of Determining the Country of Origin (FTA 원산지결정기준 위반의 유형별 사례분석 및 대응방안)

  • Yun, Jun Ung;Lee, Chun Su
    • International Commerce and Information Review
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    • v.17 no.2
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    • pp.201-223
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    • 2015
  • Concerning post-verification which is after the application of FTA preferential tariffs, in cases such as Korea-EFTA and Korea-ASEAN, the growing trend of post-verifications was restricted and there was no active research concerning this; whereas with Korea-EU FTA which adopted indirect verification for post-verification, the demand for post-verification has been rising constantly each year; and for Korea-US FTA which has adopted direct verification, a new approach to post-verification research is needed as it began genuine post-verification regarding many national enterprises only after a year and a half since the agreement. This study will consider the counter measures that can be taken for post-verification, through case of studies on the factors influencing violation of determining the country of origin for export company regarding verification of FTA. Result of this case study regarding the determining a violation of origin, The main cause of the violation factors on the essential & general principles(goods wholly obtained, value added criteria) are lack of understanding agreement & manpower. but Violation of the parties to a transaction & the origin certification are lack of advanced preparation and effected violation of principle of good faith. Finally, In this study help countermeasures of export company through the Detailed analysis of the type & implications deriving from verification of origin.

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Analysis of Patent Trends on the CCUS Technologies (특허 정보 분석을 통한 CCUS 연구개발 동향 분석)

  • Kim, Jung-min;Kim, Seong-Yong;Bae, Junhee;Shinn, Young-Jae;Ahn, Eunyoung;Lee, Jae-Wook
    • Economic and Environmental Geology
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    • v.53 no.4
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    • pp.491-504
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    • 2020
  • Given the continued climate change and global warming, various technologies for greenhouse gas reduction were discussed worldwide as all 195 countries participated in the Paris Agreement on the reduction of greenhouse gases. The agreement was adopted at the 21st Conference of Parties to the UNFCCC (COP21), which was held in Paris, France, in December 2015, and it revealed that reducing CO2 is the most efficient method of greenhouse gas reduction. Accordingly, carbon capture/utilization/storage (CCUS) technology has been noted as a means of making practical contributions to CO2 reduction, and research and development (R&D) activities in many countries are active in the field of CCUS technology. Therefore, this study aims to provide a basis for CCUS R&D and strategic support measures by analyzing patent trends in technologies related to CCUS. The patent analysis collected a total of 10,137 patents in the United States, Korea, Japan, Europe, and China; the number of patents in the United States was the highest according to patent analysis by country. According to an analysis by technology, capture-related technology was high at 60%, but given the recent increase in technology related to utilization, technology demonstration, R&D, and policy support should be continued.

Some Developments at the Thirty-Fourth Session of the UNCITRAL Working Group II(Arbitration and Conciliation) (UNCITRAL 제2 실무작업반의 제34차 회의 동향)

  • 강병근
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.181-215
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    • 2001
  • The thirty-fourth session of UNCITRAL Working Group on Arbitration was held in New York. Among the topics discussed at the session, many delegations agreed to reform the article 7 of the UNCITRAL Model Law on International Commercial Arbitration in light of the development of electronic commerce. As for the article 2(2) of the New York Convention, it was agreed to reflect the changes of the article 7 not in the form of a treaty amendment but in the form of an interpretative statement. The topic as to provisional measures has been found so difficult to reach an agreement that most of its texts submitted by the secretariat were left untouched for the lack of time. However, most provisions of the legislative texts on conciliation were dealt with by delegations. The next session is to be held in Vienna. While the Korean Arbitration Act of 1966 was fully amended in 1999, it seems interesting to look at the development in which the arbitration community of the world has already begun discussing the new dimension of the law and practice of international commercial arbitration. It may be considered early to start a new project of reforming the Korean Arbitration Act at this time when only three years passed after it was fully amended. It is, however, worthwhile to remember that some progressive efforts were aborted in amending the Arbitration Act of 1966. One of them is about the same issue on the insertion of some provisions on the enforcement of interim measures of protection to which the priority is given by the Working Group. It seems fair to say that it would not be dangerous to follow the developments and to adapt ourselves to such trends shown in the session. In Korea, the words “arbitration” and “conciliation” are misleadingly interchanged although these two words should be differentiated from each other in the sense of third-party binding decision. It is self-evident from the Korean Arbitration Act and judicial decisions that arbitral awards bind the disputing parties and are to be treated as final judgements by the competent courts. It is, however, not uncommon to find that the word “arbitration” is misinterpreted as having the same meaning of the word “conciliation”. One of the reasons for the confusion is that many legislations in Korea provide for conciliation as having the meaning of arbitration and vice versa. It may be probable that the proposed legislative texts on conciliation could be a kind of useful method to prevent such confusion from being uncontrollable. It is, therefore, necessary that the legislative texts should be introduced into Korea as a legislation on conciliation.

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Stakeholder Awareness of Rural Spatial Planning Data Utilization Based on Survey (농촌공간계획 데이터 수급에 대한 이해당사자 인식조사)

  • Zaewoong Rhee;Sang-Hyun Lee;Sungyun Lee;Jinsung Kim;Rui Qu;Seung-Jong Bae;Soo-Jin Kim;Sangbum Kim
    • Journal of Korean Society of Rural Planning
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    • v.29 no.3
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    • pp.25-37
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    • 2023
  • According to the 「Rural Spatial Reconstruction and Regeneration Support Act」, enacted on March 29, 2024, all local governments are required to establish a 'Rural Spatial Reconstruction and Regeneration Plan' (hereinafter referred to as the 'Rural Spatial Plan'). In order for the 'Rural Spatial Plan' to be appropriately established, this study analyzed the supply and demand of spatial data from the perspective of user stakeholders and derived implications for improving rural spatial planning data utilization. In conclusion, three key recommendations come from this result. Firstly, it is necessary to establish an integrated DB for rural spatial planning data. This can solve the problem of low awareness of scattered data-providing websites, reduce the processing time of non-GIS data, and reduce the time required to acquire data by securing the availability of data search and download. In particular, research should be conducted on the establishment of a spatial analysis simulation system to support stakeholders' decision-making, considering that many stakeholders have difficulty in spatial analysis because spatial analysis techniques were not actively used in rural projects before the implementation of the rural agreement system in 2020. Secondly, research on how to improve data acquisition should be conducted in each data sector. The data sector group with the lowest ease of receiving are 'Local Community Domain', 'Changes in Domestic and International Conditions', and 'Provision and Utilization of Daily Life Services'. Lastly, in-depth research is needed on how to raise each rural spatial planning data supply stakeholder to the position of player. Stakeholders of 'University Institutions' and 'Public Enterprises and Research Institutes' should give those who participate in the formulation of rural spatial plans access to the raw data collected for public work. Stakeholders of 'Private company' need to come up with realistic measures to build a data pool centered on consultative bodies between existing private companies and then prepare a step-by-step strategy to fully open it by participating various stakeholders. In order to induce 'Village Residents and Associations' stakeholders to play a leading role as owners and producers of data, personnel should be trained to collect and record data related to the village. In addition, support measures should be prepared to continue these activities.

A Study on the Integration process of School structure in East Germany after German Unification (독일통일 후 구동독 학제통합 과정 연구)

  • Kang, Gu Sup
    • Korean Journal of Comparative Education
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    • v.27 no.1
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    • pp.51-76
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    • 2017
  • This study aims to examine the integration process of educational system and school structure of the former East Germany into the Federal Republic of Germany following German unification. More specifically, the study focuses on drawing some policy suggestions and implications for achieving integration of South and North Korean educational system in a unified Korea. In fact, the school structure in the former East Germany had been integrated into West German educational system and school structure before and after official German unification by way of so called transitional process. The results of the study indicate that the integration process of school structure in the former East Germany into West German educational system was quite successful with stable management by means of various transitional measures and reaching an agreement between East and West Germany. Additionally, the study presents that local characteristics regarding school structure in the former East Germany were recognized and introduced in the integration process and they managed to handle the social change situation after German unification flexibly. However, it shows some shortcomings because it had been carried out in too short a period of time and the positive factors of school structure in the former East Germany had not been enough taken account into the integration process, along with the lack of inner comprehensive relevant infrastructure. Furthermore, the study points out that German case of school structure and its integration process after German unification has implications for specific ways Korea should pursue to achieve integration of South and North Korean educational system in a unified Korea. To be more specific, it suggests how we come up with plans and measures to establish integration of South and North Korean school structure in a stable way especially in terms of dealing with North Korean school structure and building an inner infrastructure.

A Study on the legal system in Korea satellite industry (한국 위성산업관련 법제도 고찰)

  • Jung, Sung-Min;Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.123-156
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    • 2012
  • This study focuses on the satellite licenses and the requirements for satellite spectrum management (i.e. frequency allocation) in Korean satellite industry via comparative analyses against those cases in other developed countries, in order to provide complementary measures to the domestic satellite policies. The satellite industry is one of the main pursuits of a nation's efforts, and it shows distinct characteristics depending on various factors such as national defense and security. In addition, the industry is determined by the nation's market size as well as its international relationship. Consequently, the present study considers examples from various organizations and nations - including U.S.A, Japan, and ITU - and provides a hybrid policy that is well customized for the domestic market. This study looks at similarities between policies of other countries, and finds any supplements for domestic polices by specifying similar cases in others and analyzing their results. The main purpose of this study, therefore, is to find the best agreement for domestic policy with internal interpretation, rather accepting others. While the licensing method for domestic satellites need not be distinct from that of other nations, the case of using non-Korean licensed satellites must be complemented by the conditions in the domestic market. Furthermore, the spectrum management is essential to the nation's satellite industry since the spectrum is a scarce resource. As such, spectrum management that is carefully designed to incorporate the rapidly changing international market demand is crucial to provide a sufficient supply for domestic space industry. In the present study, we find that auction-like market based approaches together with measures to avoid exclusive uses of the scarce resource (e.g. share, leas and reallocation) would provide an excellent method for the domestic satellite industry.

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Analysis of a damaged industrial hall subjected to the effects of fire

  • Kmet, Stanislav;Tomko, Michal;Demjan, Ivo;Pesek, Ladislav;Priganc, Sergej
    • Structural Engineering and Mechanics
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    • v.58 no.5
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    • pp.757-781
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    • 2016
  • The results of diagnostics and analysis of an industrial hall located on the premises of a thermal power plant severely damaged by fire are presented in the paper. The comprehensive failure-related diagnostics, non-destructive and destructive tests of steel and concrete materials, geodetic surveying of selected structural members, numerical modelling, static analysis and reliability assessment were focused on two basic goals: The determination of the current technical condition of the load bearing structure and the assessment of its post fire resistance as well as assessing the degree of damage and subsequent design of reconstruction measures and arrangements which would enable the safe and reliable use of the building. The current mechanical properties of the steel material obtained from the tests and measured geometric characteristics of the structural members with imperfections were employed in finite element models to study the post-fire behaviour of the structure. In order to compare the behaviour of the numerically modelled steel roof truss, subjected to the effects of fire, with the real post-fire response of the damaged structure theoretically obtained resistance, critical temperature and the time at which the structure no longer meets the required reliability criteria under its given loading are compared with real values. A very good agreement between the simulated results and real characteristics of the structure after the fire was observed.

Mechanical behaviour between adjacent cracks in CFRP plate reinforced RC slabs

  • Yuan, Xin;Bai, Hongyu;Sun, Chen;Li, Qinqing;Song, Yanfeng
    • Structural Engineering and Mechanics
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    • v.84 no.3
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    • pp.375-391
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    • 2022
  • This paper discussed and analyzed the interfacial stress distribution characteristic of adjacent cracks in Carbon Fiber Reinforced Polymer (CFRP) plate strengthened concrete slabs. One un-strengthened concrete test beam and four CFRP plate-strengthened concrete test beams were designed to carry out four-point flexural tests. The test data shows that the interfacial shear stress between the interface of CFRP plate and concrete can effectively reduce the crack shrinkage of the tensile concrete and reduces the width of crack. The maximum main crack flexural height in pure bending section of the strengthened specimen is smaller than that of the un-strengthened specimen, the CFRP plate improves the rigidity of specimens without brittle failure. The average ultimate bearing capacity of the CFRP-strengthened specimens was increased by 64.3% compared to that without CFRP-strengthen. This indicites that CFRP enhancement measures can effectively improve the ultimate bearing capacity and delay the occurrence of debonding damage. Based on the derivation of mechanical analysis model, the calculation formula of interfacial shear stress between adjacent cracks is proposed. The distributions characteristics of interfacial shear stress between certain crack widths were given. In the intermediate cracking region of pure bending sections, the length of the interfacial softening near the mid-span cracking position gradually increases as the load increases. The CFRP-concrete interface debonding capacity with the larger adjacent crack spacing is lower than that with the smaller adjacent crack spacing. The theoretical calculation results of interfacial bonding shear stress between adjacent cracks have good agreement with the experimental results. The interfacial debonding failure between adjacent cracks in the intermediate cracking region was mainly caused by the root of the main crack. The larger the spacing between adjacent cracks exists, the easier the interfacial debonding failure occurs.

The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area (심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구)

  • Kim, Jung-Eun;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.37 no.1
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

A Study on the Application of International Law through Disputes Settlement in Northeast Asia Fishing Ground (동북아 어장에서의 어업분쟁 해결 사례를 통한 국제법 적용 방안)

  • Lee, Woo-Do;Kim, Nam-Soo;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.15-32
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    • 2017
  • This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.