• Title/Summary/Keyword: discriminatory measures

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A Critical Analysis of the SPS Dispute over the Import Ban on Japanese Radioactive Seafood (방사능 관련 일본산 수산물 수입 분쟁에 관한 SPS 협정 분석)

  • Yoon, Jung-Hyun;Lim, Song Soo
    • Korea Trade Review
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    • v.44 no.4
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    • pp.19-34
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    • 2019
  • This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

Study on the Case of the Asymmetric War (비대칭전 주요사례 연구)

  • Kim, Sung Woo
    • Convergence Security Journal
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    • v.16 no.6_1
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    • pp.25-32
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    • 2016
  • We can not respond asymmetric warfare effectively. The asymmetric operation is performed in asymmetric methods and means with different characteristics and functions to their enemy. And the character of the asymmetric operation have 'heterogeneity' and 'superiority' in principle. The type of asymmetric strategy is complex and diverse. Since we can classify the type of the asymmetric strategy in many different way and we must study in many ways and aspects. When we study asymmetric war previous cases from modern to ancient era, we can find that the key factors of the victory have superiority of the asymmetric strategy and discriminatory measures. The asymmetry is created when one party has to adapt to the strategic environment. If we want to secure a strategic advantage, we must take a number of case studies and countermeasures for asymmetric warfare.

Review of Potential Import Restrictions by Japan on Korean Fishery Products - A Focus on Radionuclides Dispute between Korea and Japan - (일본의 한국산 수산물 수입규제 가능성 검토 - 한·일 방사능 분쟁을 중심으로 -)

  • Lim, Byeong-Ho;Hong, Suk-Gu;Yoo, Jin-Hee
    • Korea Trade Review
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    • v.44 no.6
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    • pp.119-134
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    • 2019
  • This study focuses on a recent WTO SPS dispute related to Korea Import Bans and Testing and Certification Requirements for Radionuclides (DS495) in order to learn from the case and take proactive measures to prevent potential import restrictions by Japan on Korean seafood. Korean-Radionuclides (Japan) emphasizes the importance of sufficient scientific evidence, especially scientific information from relevant international organizations, in an effort to take preventive measures towards Japan's restrictions on Korean seafood imports. Japan claims that a novel parasite, Kudoa septempuctata, in Korean flatfish causes food poisoning. As food poisoning is a serious concern, there is a low possibility that Japan's enhanced monitoring measures would be more trade restrictive than required as prescribed in Article 5.6 of the WTO SPS Agreement. In addition, Korea is the biggest exporter of olive flounder to Japan. Hence, the possibility that similar conditions could be established is low in relation to non-discriminatory principles under the WTO SPS Agreement. Accordingly, we should collect relevant scientific evidence, improve domestic sanitary management of fishery products, and seek export diversification so that we prepare for potential import restrictions by Japan and minimize implications.

Locational Characteristics of Highly Pathogenic Avian Influenza(HPAI) Outbreak Farm (고병원성 조류인플루엔자(HPAI) 발생농가 입지특성)

  • KIM, Dong-Hyeon;BAE, Sun-Hak
    • Journal of the Korean Association of Geographic Information Studies
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    • v.23 no.4
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    • pp.140-155
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    • 2020
  • This study was conducted to identify the location characteristics of infected farms in the areas where livestock diseases were clustered(southern Gyeonggi-do and Chungcheong-do), analyze the probability of disease occurrence in poultry farms, find out the areas corresponding to the conditions, and use them as the basis for prevention of livestock diseases, selection of discriminatory prevention zones, and establishment of prevention strategies and as the basic data for complementary measures. The increase of one poultry farm within a radius of 3-kilometers increases the risk of HPAI infection by 10.9% compared to the previous situation. The increase of 1m in distance from major roads with two lanes or more reduces the probability of HPAI infection by 0.001% compared to the previous situation. If the distance of the poultry farm located with 15 kilometers from a major migratory bird habitat increases by 15 to 30 kilometers, the chance of infection with HPAI is reduced by 46.0%. And if the distance of the same poultry farm increase by more than 30 kilometers, the chances of HPAI infection are reduced by 88.5%. Based on the results of logistic regression, the predicted probability was generated and the actual area of the location condition with 'more than 15 poultry farms within 3km a radius of, within 1km distance from major roads, and within 30km distance from major migratory birds habitat was determined and the infection rate was measured. It is expected that the results of this study will be used as basic data for preparing the data and supplementary measures when the quarantine authorities establish discriminatory quarantine areas and prevention strategies, such as preventive measures for the target areas and farms, or control of vehicles, by identifying the areas where livestock diseases are likely to occur in the region.

A Study on the SCC Arbitration Case - Quasar de Valores SICAV SA and others v. The Russian Federation - (국제투자중재에서 과세와 관련된 사례의 검토 - 러시아 유코스사(社) 사건을 중심으로 -)

  • Kim, Hee-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.45-58
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    • 2014
  • It is a well recognised rule in international law that the property of aliens cannot be taken. The question of whether indirect expropriation and government regulatory measures require compensation is an important issue in international investment law. Bilateral investment treaties and other investment agreements contain brief and general indirect expropriation provisions. These focus on the effect of government action and do not address the distinction between compensable and non-compensable regulatory actions. It is generally accepted that a state is not responsible for loss of property or for other economic disadvantages resulting from bona fide general taxation accepted as within the police power of states, provided it is not discriminatory. Yukos Oil Company is a Russian oil and gas company engaged in exploration, refining, and marketing activities. It is one of the largest oil and gas companies in the world. Yukos Oil Company has its production operations in Russia and markets its products in Europe. An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company on July 26, 2012. This has been the subject of several judicial proceedings and academic publications. This paper explores which circumstances do not lead to taxation amounting to expropriation. The author suggests that under the following circumstances, taxation would not amount to expropriation. First, taxation should be non-discriminatory. Also a lawful exercise of the taxation powers of governments would not amount to expropriation.

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Research on Sustainable Financial Inclusion and Social Impact : Analyzing Credit Thin Filer Data from U.S. Online Loan Platform (지속가능한 금융포용성과 소셜임팩트 증진 제언 연구: 미국 온라인 대출 플랫폼 내 중저신용자 데이터를 중심으로)

  • Geonuk Nam;Jiho Kim;Gaeun Son;Hanjin Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.3
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    • pp.467-474
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    • 2024
  • This study analyses customer data from a US online lending platform to empirically document the discriminatory treatment that low- and middle-income borrowers face in financial markets. Researchers are using financial data from nearly 2.93 million loans between 2007~2020 of the Lending Club on the open-source Kaggle platform. We find that thin-filers borrowers, especially those with lower credit scores, receive loans at higher interest rates. This discriminatory treatment undermines financial inclusion and has the potential to increase social inequality. The significance of this research is that it sheds substantial light on the problem of inequality in financial markets and, based on the findings, suggests concrete measures to ensure equitable access to finance for all customers and enhance sustainable financial inclusion. In doing so, we propose a shift towards enhancing the social responsibility of institutions.

Neural Network-based Modeling of Industrial Safety System in Korea (신경회로망 기반 우리나라 산업안전시스템의 모델링)

  • Gi Heung Choi
    • Journal of the Korean Society of Safety
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    • v.38 no.1
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    • pp.1-8
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    • 2023
  • It is extremely important to design safety-guaranteed industrial processes because such process determine the ultimate outcomes of industrial activities, including worker safety. Application of artificial intelligence (AI) in industrial safety involves modeling industrial safety systems by using vast amounts of safety-related data, accident prediction, and accident prevention based on predictions. As a preliminary step toward realizing AI-based industrial safety in Korea, this study discusses neural network-based modeling of industrial safety systems. The input variables that are the most discriminatory relative to the output variables of industrial safety processes are selected using two information-theoretic measures, namely entropy and cross entropy. Normalized frequency and severity of industrial accidents are selected as the output variables. Our simulation results confirm the effectiveness of the proposed neural network model and, therefore, the feasibility of extending the model to include more input and output variables.

Discriminatory Financial Measures on Non-Cooperative Jurisdictions and their Compatibility with the WTO GATS: Focus on the Appellate Body Report on Argentina-Financial Services (조세투명성에 협력하지 않는 국가에 대한 차별적 금융조치의 WTO GATS 합치성 - Argentina-Financial Services 상소기구보고서에 대한 분석을 중심으로 -)

  • Yoo, Hee Jin
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.95-124
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    • 2017
  • The dispute analysed in this article concern eight measures taken by Argentina regarding finance, taxation, foreign exchange, and registration. The dispute centered on whether these measures were in violation of the Member's obligations under the General Agreement on Trade in Services (GATS), namely most-favored national treatment, national treatment and market access, and whether they are justified by Article XIV and Article 2(a) of the Annex on Financial Services. Important arguments raised in the dispute include whether the services and the service providers of cooperative and non-cooperative countries and/or Argentina subjected to the measures are like for the purposes of Article II and Article XVII of the GATS, whether the regulatory aspects of the measures are to be considered in determining the inconsistency with Article II and Article XVII of the GATS, and whether the measures are justified in that they were taken in accordance with the national laws and regulations aimed at implementing the Global Forum on Transparency and Exchange of Information for Tax Purposes and the Financial Action Task Force. The essence of this dispute lies in the balance of each Member's right to regulate commercial and/or financial activities and its obligations under the GATS. The Appellate Body tried to strike such a balance in its assessment of: (i) likeness of services and service suppliers, (ii) no less favorable treatment under Articles II and XVII, and (iii) the scope of measures under Article 2(a) of the Annex on Financial Services. This article aims to provide an analysis of the Appellate Body's findings, giving light to the relevant jurisprudence and scholars' writings.

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Application of Receiver Operating Characteristic (ROC) Curve for Evaluation of Diagnostic Test Performance (진단검사의 특성 평가를 위한 Receiver Operating Characteristic (ROC) 곡선의 활용)

  • Pak, Son-Il;Oh, Tae-Ho
    • Journal of Veterinary Clinics
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    • v.33 no.2
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    • pp.97-101
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    • 2016
  • In the field of clinical medicine, diagnostic accuracy studies refer to the degree of agreement between the index test and the reference standard for the discriminatory ability to identify a target disorder of interest in a patient. The receiver operating characteristic (ROC) curve offers a graphical display the trade-off between sensitivity and specificity at each cutoff for a diagnostic test and is useful in assigning the best cutoff for clinical use. In this end, the ROC curve analysis is a useful tool for estimating and comparing the accuracy of competing diagnostic tests. This paper reviews briefly the measures of diagnostic accuracy such as sensitivity, specificity, and area under the ROC curve (AUC) that is a summary measure for diagnostic accuracy across the spectrum of test results. In addition, the methods of creating an ROC curve in single diagnostic test with five-category discrete scale for disease classification from healthy individuals, meaningful interpretation of the AUC, and the applications of ROC methodology in clinical medicine to determine the optimal cutoff values have been discussed using a hypothetical example as an illustration.

A Study on the Effect of Travel Time and Cost by Means on the Mode and Destination Choice of a Commuter by the Household Income Class - Based on the Utility-Based Accessibility Approach - (통행수단별 소요시간과 비용이 가구소득계층별 통근통행자의 수단 및 목적지 선택에 미치는 영향 분석 - 효용기반 접근도 개념에 근거하여 -)

  • Jang, Seongman
    • Journal of Korea Planning Association
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    • v.54 no.1
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    • pp.52-66
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    • 2019
  • Travel is a factor that stimulates the vitality of the urban and is widely used as an indicator of sustainable growth of the region. In Korea, however, no studies has been made to predict changes in traffic and calculate the accessibility of the region by comprehensively considering the socio-economic conditions of the travelers. The purpose of this study is to classify commuters according to the household income and to analyse the traffic characteristics of each class. The analysis results are aggregated into two. First, the analysis of study found different transport characteristics for different income classes. This is the result that underpins the argument of a previous study that suggested that a discriminatory approach is necessary for each income in determining the accessibility of the region. Second, this study calculated utility values differently for each income class based on the transit time and cost required between each zone. Through these measures, transport characteristics were analyzed by income class using indicators that considered transportation infrastructure, and socio-economic conditions of the travelers. This study is meaningful in that it provided the basis for calculating the accessibility that could take into account the activities of the housing consumers in establishing domestic housing policies.