• Title/Summary/Keyword: court

Search Result 1,499, Processing Time 0.024 seconds

Evaluating MRV Potentials based on Satellite Image in UN-REDD Opportunity Cost Estimation: A Case Study for Mt. Geum-gang of North Korea (UN-REDD 기회비용 산정에서 위성영상 기반의 MRV 여건평가: 금강산을 사례로)

  • Joo, Seung-Min;Um, Jung-Sup
    • Spatial Information Research
    • /
    • v.22 no.3
    • /
    • pp.47-58
    • /
    • 2014
  • The credible measurement, reporting and verification (MRV) is among the most critical elements in UN-REDD (United Nations programme on Reducing Emissions from Deforestation and forest Degradation in Developing Countries). This study is intended to explore MRV potential in terms of UN-REDD opportunity cost estimation using satellite image for Mt. Geum-gang of North Korea. A visual interpretation were conducted to evaluate MRV conditions by sub-dividing or decomposing the images with different pixel size into a three types of hierarchical tree structure that helps dealing with spatial variability within each subarea. The permanent record of standard satellite remote sensing system demonstrated its capability of presenting area-wide visual evidences of MRV conditions in Mt. Geum-gang (such as the identification of forested area, degradation trends for forest space, three types of hierarchical land-cover and land use tree structure, carbon density in the landscape). Satellite data could be accepted as legally binding proof when it comes to REDD opportunity cost estimation since several cases exist where remote sensing has been used as legal evidence in ICJ (International Court of Justice) and UN resolution. It doesn't seem very difficult to comply with MRV requirements for UN-REDD opportunity cost calculation due to the probative value of satellite data. It is anticipated that this research output could be used as a valuable reference for Korea-based enterprises exploring REDD project sites and the carbon traders to ensure MRV potentials using satellite image in UN-REDD Opportunity Cost estimation.

The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
    • /
    • v.16 no.3
    • /
    • pp.53-89
    • /
    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

  • PDF

A study on the duties of an issuing bank and a negotiating bank and proper law issues with the documentary credit (신용장거래에서 개설은행과 매입은행의 주의의무와 준거법 -대법원 2011. 1. 27. 선고 2009다10249 판결의 평석을 중심으로-)

  • Lee, Jung-Won
    • Journal of Arbitration Studies
    • /
    • v.22 no.1
    • /
    • pp.65-88
    • /
    • 2012
  • Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

  • PDF

Technological Governance Regarding Life-Sustaining Technologies: The Limitations of RRI and Bioethics ("한국의 연명의료정책과 기술 거버넌스: 사회에 책임지는 기술혁신(RRI)의 적용 한계와 생명윤리")

  • Lee, June-Seok
    • 한국과학기술학회:학술대회논문집
    • /
    • 2015.12a
    • /
    • pp.247-278
    • /
    • 2015
  • Recently, as DNR prevails more and more in Korea, discussions regarding meaningless medical life-sustaining-treatment (LST) intensified. Some of the Supreme Court decisions are even discussed in mass media, causing public debates. These cases tell us that, as life-sustaining medical technologies are highly developed, more sociological and policy-related analyses are needed on them. Firstly, this study will review 40 previous studies that analyze recent discussions in Korea about LST. Secondly, this study also shows that in bioethical and policy-related perspectives, governance about LST calls for a new implications regarding thanatoethics and thanatopolitics. In this new theoretical framework, death with dignity (DwD) can be understood as a process of giving back the thanatopower to the subject who chooses his way of ending based on his sound and free will. Thirdly, some of the new LST or resuscitation technologies such as automated external defibrillators (AED) are developed in RRI framework. However, if subjects themselves choose not to apply those technologies on them, as in the case of DNR (do not resuscitate) vows, meaning of developing such technologies are to be questioned. But currently such questions regarding the limitations of RRI are seldom asked. I argue that in order to properly apply RRI framework on existing technology, we also need to consider these points.

  • PDF

The Nondestructive Analysis of the Pigments on the Korean 12-fold scheen, Haehakbando-do (해학반도도 채색안료에 대한 비파괴 특성 분석)

  • Kim, Gyu-ho;Song, Yuo-na;Lim, Duck-su;Song, Jeong-ju
    • 보존과학연구
    • /
    • s.28
    • /
    • pp.121-147
    • /
    • 2007
  • A large variety of mineral pigments has been used for Korean paintings and it has known that organic pigments have been used together on the Buddhist painting and the portrait. Haehakbando-do, which is from Honolulu Academy Museum in the United States, 12-fold screen was commissioned by Court of the late Joseon Dynasty in order to pray for the King's longevity. Therefore, it seems that all material used including pigments were selected very carefully and a great deal of technical effort was gone into its process. The purposes of this research were to estimate the pigments and the contributory elements of each color used on Haehakbando-do, in accordance with the conservation treatment carried out by Gochang Conservation Institute throughout last year. Without extracting sample, property of pigment was measured by nondestructive method, X-ray spectral analysis, and by comparing with the data about ancient pigments. In spite of the limited range of pigment analysis by nondestructive method, it should be noted that this method would not cause damage to the cultural properites. White pigment was found in all colored parts except the background, so it can be suggested that white color was used as a grounding of other color pigments. This would be flake white[$2PbCO_3{\cdot}Pb(OH)_2$] as Pb was found. Pb was the only element could be found in yellow, however, it can be organic pigment like Gamboge as same as background. Red would be Cinnabar (HgS) as hydrargyrum (Hg) was detected. For the light purple in cloud, organic pigments were probably used since any element is not detected except for Pb, which is used for background. It is possible that green color is the mixture of Malachite[$CuCO_3{\cdot}Cu(OH)_2$] and Azurite [$2CuCO_3{\cdot}Cu(OH)_2$], which share Cu as their main element. Azurite[$2CuCO_3{\cdot}Cu(OH)_2$] was used for bluish pigments. Black is carbon compound. For gold, solid gold (Au) was detected. It shows that gold was gilded on the flake white background. Red painted on the frame of screen was identified as Cinnabar (HgS) and the gold pattern was solid gold (Au). The supporting leg of folding screen was made of brass because both copper and zinc were detected. In conclusion, white pigment was used as grounding of all colors of Haehakbando-do, and specific pigments were used for each color. Additionally, result from the analysis of several pigments shows that mineral pigment and organic pigment, or different mineral pigments were mixed to make various colors.

  • PDF

Study of the Prior Review System about Medical Advertising on the Existing Laws

  • Kim, Woon-Shin;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
    • /
    • v.21 no.6
    • /
    • pp.97-106
    • /
    • 2016
  • This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

Utilizing an Office Building of Public Institution for Activating the Communities of Innovation City - Focused on the Facility Type and Scale (혁신도시 지역커뮤니티 활성화를 위한 공공기관 사옥 활용방안 - 도입시설 유형 및 규모산정을 중심으로)

  • Jeong, Yeun-Woo;Lee, Sang-Jun
    • Land and Housing Review
    • /
    • v.1 no.1
    • /
    • pp.91-102
    • /
    • 2010
  • The purpose of this study is to prepare the introduction of the community facilities in public corporation buildings as the effort to community activation in the innovation city. The type and development condition of community facilities, and the cases of the private and public corporation buildings are studied. Moreover, the type and scale of facilities which can be established in the public corporation building that will move to the innovation city. The result can be summarized as follows; First, the community facilities can be classified into leisure, public administration, culture, athletics, and welfare, and the facilities are suggested at each hierarchy of living area. Secondly, the result of the case study shows that the public corporation establishes and operates various facilities include welfare, culture, and athletic facilities while the private part usually installs the cultural one. Thirdly, cultural(library, museum, performing place), athletic(soccer field, tennis court, swimming pool), welfare(day nursery, children's library) facilities are selected as the applicable ones to the public corporation building which is going to move to the innovation city. And finally, the basic unit of each facility is derived based on the investigation of legal standard, present condition, and literature reviews, etc., and applied to estimate the scale of the community facility in the public corporation building.

The Characteristics of the Color tones on Korean Traditional Color Blue and Red (한국전통색 청$\cdot$홍의 색조 특성)

  • 이경희
    • Archives of design research
    • /
    • v.12 no.4
    • /
    • pp.317-326
    • /
    • 1999
  • The Korean traditional color passed down over countless generations has surpassed both surpassed both time and space and continue today to breathe life into its people's everyday. In order to clarify the characteristics of Korean traditional color blue and red, we investigate the names of them and measured the color tones of textile remains in Chosun era. The characteristics of Korean traditional color blue and red have been surveyed by means of the examination of color names in many famous literatures in Chosun era. Korean terms for color tones were characterized by enormous variety of epithes crowned on them. The color names mentioned contain many unaccountable epithes which were characterized also deep colors and light colors were dominant in it. As a means of enhancing possibilities within limited colors, the commoners increased the names for varying tones of blue color group(32kinds) and red color group(40kinds). These "blue(indigo dyeing)' and 'red(safflower dyeing)' in Chosun era were shown very high frequency in use and the costume colors in Royal Court. With combination of these various blue and red colors they represented a thought of color based on Yinyang Theory and created a polished aesthetic taste. The color samples of textile remains in museum were measured and designated by Munsell color system and the ISCC-NBS color designation system. THe appeared rates were derived on Chosun era and features of colors using on the period were discussed. We aim to present specific recipes in indigo dyeing and safflower dyeing for using our apparel product and folk art.

  • PDF

A Study on the Characteristics of Korean Townscape in Perspective of the Oriental World View (동양적 세계관의 관점에서 본 한국도시경관의 특성)

  • 김한배;이규목
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.21 no.4
    • /
    • pp.55-68
    • /
    • 1994
  • It has been generally agreed that the city form especially in the preindustrial age resembled their own world view, either in the western or the eastern cultural sphere. So, we aimed to redefine the characteristics of oriental world views compared with the western one, in order to find the relative nature of the Korean townscapes. It is said that the both world views(of western and oriental) are composed of the contrastive binary concepts in common, but there seems to have been nearly contrary differences in these two world views. Wheareas the former was based on the passively segregational and oppositional dualism, the latter, on the dynamically harmonious and complementary dualism, called generally as 'Yin(陰) and Yang(陽)'. Thus, the oriental world view can be thought as the 'philosophy of the relationship', which aim to unify the dualism ultimately with the help of this relationship. So, we can assume a certain third and intermediate concept between these dual concepts of the world view, which can unify these two into the one holistic whole. And the focuses of the most traditional oriental philosophies were concentrated on this, so called, 'the third concept', namely Taoistic 'Tochu(道樞)', Buddhistic 'Kong(空)' or Confucian 'Chung(中)'. And this triple concept, including the third one, of the oriental world view revealed a more concrete form of the cosmological relationship, as the triple structure; 'Heaven(天), Earth(地), and Man(人)', in which the 'Man' is thought as the middle or the center of the world. In this manner, we could found this oriental 'triple world view' was revealed in the real topology of most places in the Korean traditional city and the whole townscape itself. So, in the scale of houses and the roads around them, we can construe the 'Maru(a central board-floored room)' and the 'Madang(a inner court)' as the 'third and intermediate space(中)' between the interior space(陰) and exterior space(陽) in the former, and between the private house(陰) and the public residential road(陽) in the former case, and between the dual parts(陰,陽) of the city representing the contrary social classes and the contrastive visual landscapes. So, we insist that this 'triple world view' represented in the townscape can be one of the most important characteristics of Korean traditional townscape. And this third intermediate spaces, which generate the active social contact and the harmonious relationship among the people, can be the most important cues, as the central places, in the interpretation of the Korean townscapes even in contemporary circumstance, which inherits its spatial and social frame more or less from the preceding one.

  • PDF

A Study on the Meaning of Modern Quality Management from the Etymological Perspective of the word PumJil (品質) (품(品)과 질(質)의 연원(淵源)을 통해 살펴본 현대품질경영의 의미)

  • SIRH, Jin-Young;Sung, Si-Hun;Yoo, Han-Joo;Song, Oh-Hyun
    • Journal of Korean Society for Quality Management
    • /
    • v.44 no.1
    • /
    • pp.61-76
    • /
    • 2016
  • Purpose: In order to use a word as academic terminology, we must first take a look at the meaning of that word as it is commonly used and then consider whether or not the connotation of that word is suitable to be used as academic terminology. Presently, the word Pumjil(品質) is being used as academic terminology occupying an important position in the field of business administration in Korea and is usually translated into English as 'quality'. The same is true in Japan. However, as is the case with many Korean words, the meaning that the word implies has a tendency to change gradually over time. This tendency can account for the changes or additions to the meaning a word connotes. Methods: This dissertation aims to escape from such biased ideas and study the meaning of 'Pum-Jil品質' from the view of humanities and exegetics. Then the natural definition of the word as far as business administration is concerned can be considered. Results: 'Pum-Jil品質' has been used amid changes in modern times(historic texts in both Korea and China. In Korea particularly, the word was used in the royal court until comparatively modern times.), and now it is also widely used in the field of business administration. In this process of change, a notable point is that 'Pum-Jil品質', which was originally used to mean 'nature or character of a man', took on a new meaning, 'a certain quality of a thing or a good'. Conclusion: 'Pum-Jil品質' should require basic functional 'quality' of goods or services as a prerequisite. And the functional quality should meet consumers' needs, as the pledge (trust; 信賴) for quality is between suppliers and consumers. Without consumer's trust for goods, the relationship between suppliers and consumers cannot be maintained. So goods must exchange with trust, not expenses. In conclusion, we believe it is reasonable to understand 'Pum-Jil品質' based on the meaning of 'evidence or similar rating for pledge (trust)' from the view of humanities and exegetics. In conclusion, we believe it is reasonable to understand 'Pum-Jil品質' based on the meaning of 'evidence or similar rating for pledge (trust)' from the view of humanities and exegetics.