• Korean Journal of Construction Engineering and Management
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• v.8 no.1 s.35
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• pp.78-86
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• 2007

Top priority to manage construction projects is given to the planning and scheduling in order to keep the project duration, which is one of the most important factors in construction management. However, recently most of public construction projects especially for civil projects are delays and preventive research, many efforts were made concerning construction delays and preventive management methods. But analysis of delay causation, which is a main key to solve the problems is not done, yet. Therefore, in this research causation delays are analyzed by characteristics of construction projects, which are type of projects, type of contracts, project participants, and general condition. As a result of the analysis, delay causation are proved to be different by characteristics of the projects. The research results will be used for prevention of time extension and dispute resolution.

• Explosives and Blasting
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• v.31 no.2
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• pp.14-24
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• 2013

The most effective way of the rock removing works in the downtown area is to removing rocks by splitting the rock by blasting with small amount of explosives in the hole. However environmental factors not only limit the applications but also increase the forbidden area. As this is a distributed multi-stage blasting method and to reduce vibration by applying the optimized precisioncontrol-blasting method, it is applicable in all situations. The process is to fix the stemming-help plastic sheet to the hole entrance when stemming explosives and insert detonator and explosive primer with same delay time, two or three sets. This method is more efficient in the downtown area where claims and dispute from vibration are expected. This method is easily usable by designing blast pattern even in the area where delay time blasting is difficult after multi-stage explosive stemming due to short length of blast hole (1.2~3.0m) and there is no detonator wire shortage or dead-pressure.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.533-536
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• 2003

Tn improve the quality in apartment houses, it has regarded one of the most important steps as systematic maintenance. Also, repair and long-term maintenance have played an important role in maintenance of the rental apartment. Moreover, the historical data which come from these works have functioned as preventive maintenance in inspection and references in repair and long-term maintenance. To sum up, it would be necessary to get rid of the factors of dispute from sharing a variety of data among occupants, superintendents, and proprietors. Futhermore, it would be possible to show the management methods of repair and long-term maintenance historical data.

• Ocean and Polar Research
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• v.26 no.4
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• pp.669-678
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• 2004

Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

• Journal of Korean Academy of Nursing Administration
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• v.5 no.1
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• pp.77-86
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• 1999

The purpose of this study is to look into nurse's legal duty and to analyze influencing factors, by reading through precedents in nursing-related malpractice cases. 157 clinic nurses and 40 head nurses who were working in 3 university hospitals in the area of Seoul and KyongKi province were surveyed with pre-set questionnaires which were based on 20 cases and to compare precedents with nurses' attitudes. Independent variables were demographic characteristics, job characteristics, experience and education, and personal characteristics. Dependent variables were the extents of understanding in their duty. To analyze the extent of duty understanding t-text. ANOVA, and multiple regression were performed according to the characteristics of each study subject. Main findings are as follows; 1. $X^2$ test was performed for each hospitals and job category. The existence of religion and job-related advisers were significantly different according to hospitals and job categories. The existences of the orientation for nursing, education, and meeting were significantly different according to hospitals. 2. The extent of duty understanding according to the subject characteristics was assessed by means of median. Each case was given the median. 12 cases(46%)out of 26 cases demonstrated the median of more than 6 showing high extent of understanding. 3. When $X^2$ test was performed. the extent of duty understanding was significantly different in the areas of marriage status. the existence of meetings. and the experience of having dispute. When multiple regression(stepwise method) was performed, above variables were not statistically significant. 4.As result of comparative analysis on precedents and nurse's attitudes. it is 4 cases that nurse's attitudes is more active than precedents and it is 9 cases that nurse's attitudes is more passive than precedents and it is 4 cases that nurse's attitudes is parallel with precedents. This study does not present statistical model which can integrate all the cases. The significance of this study is in that it generalized and assessed the nurses' understanding of duty based on nursing -care which was legally disputed and compared nurse's attitude with precedents.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.27-44
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• 2016

The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.95-107
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• 2017

Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.39-61
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• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• International Area Studies Review
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• v.20 no.1
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• pp.277-295
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• 2016

It is undoubtedly true that national security in Korean peninsula is on the road to destabilization. The main factors are known to be North Korea's development and experiment on nuclear arms, especially the forth nuclear experiment on January 6th, ICBM launch February 7th, and encroachment upon the territory the NLL on the 8th along with the shutdown on Gaeseong Industrial Complex. Also, China's trouble with other nations over sovereignty over islands in the South China Sea and the fact that Japan's government is veering to the right side and having territorial dispute are making the case worse. Nations in Northeast Asia are striving to obtain the interest for the sake of their own country. In order to do so, they're walking the path to achieve national security. Until then, they are not so willing to participate foreign matters or economical race. Even in our perspective, these issues are many of the main problems which our country is currently facing. However, it is important for them to avoid making policies which may take away the citizen's happiness. The number one priority for the nation or any form of a group is to act in the best interest for the national security and the citizen's happiness. They are the main factors why a nation could exist. They are the symbols of a nation's sovereign authority. Countries outside are proving it by increasing their national defense budget even in this unprecedented economical crisis. If we are willing to stay the same as ever, the disparity in the military force will not be the same in the future. In conclusion, the study examines the problem which changes in Northeast Asia's defense environment could bring and the appropriate amount of national defense budget in order to support the nation's integration of its abilities to move toward South and North Korea's unification.