• Journal of the Korea Academia-Industrial cooperation Society
• /
• v.20 no.9
• /
• pp.240-246
• /
• 2019

The noise generated by construction machinery operating at construction sites is a major cause of environmental disputes with nearby residents. To reduce construction site noise, low noise construction machinery and low noise methods are recommended to be used first. In addition, the possible noise should be predicted and preventive measures suitable for the noise source should be taken. This study analyzed the sound power level of an excavator, which is used most frequently at construction sites. The sound power level of 297 excavators sold in Korea after 2008 were analyzed and the sound power level was classified according to the type, output (kW), and production site of the excavator engine based on the measured data. As a result, the sound power level decreased by 1 dBA depending on the change in engine type and the sound power level increased by approximately 3 dB (A) when the engine output was doubled. In addition, the sound power level was low in small-sized products of less than 55 kW for overseas products and medium and small-sized products of 55 to 104 kW for domestic products.

• Transactions of the Korean Society for Noise and Vibration Engineering
• /
• v.22 no.3
• /
• pp.203-207
• /
• 2012

The noise emitted from an excavator has long been a cause of environmental disputes, while causing displeasure to the nearby residents. So, the ministry of environment adopted the construction machinery noise labeling system to encourage the construction machinery manufacturing companies to develop the low noise construction machinery voluntarily. But, as the quality of life improves, a growing number of people desire the comfortable and quite environment to live in. Under the situation, noise from the construction machinery has been a major cause for stress and complaints. When the noise dispute happened in the construction site, the sound pressure level of the construction machinery like a excavator was measured at the lot boundary of the noise victim's residence to judge how much noise damage occur. But the sound pressure level of the construction machinery is measured differently according to the acoustic environment of construction site and the measuring position, respectively, which makes it difficulty to judge whether the noise damage occur or not. As the sound power level of noise source is not affected by the acoustic environment of construction site and the measuring position, if we use the information of the sound power level, it will be easy to judge whether the noise damage occur and to establish the soundproofing measures. Therefore, we derive the sound power level regression model of the excavator to judge whether the noise emitted from the excavator damages to residents near the construction site. Also, the sound power level regression model of the excavator drawn in this paper will help construction companies to plan the noise reduction program in the construction sites.

• Atmosphere
• /
• v.24 no.2
• /
• pp.265-281
• /
• 2014

Currently, Korea is developing a Cheollian follow-on satellite program, named as Geostationary Korea Multipurpose Satellite 2 (GK-2), which consists of two satellites. One satellite (GK-2A) is dedicated to the meterological mission, while the second one (GK-2B) hosts two main payloads for the ocean and environmental application. As GK-2A is dedicated to the meteorological mission unlike Cheollian, there have been discussions on the possibility of transferring the responsibilities of the GK-2A program to the Korea Meteorological Administration. To help resolve any consumptive disputes or to find an efficient way for the GK-2A program, the events happened after the successful launch of the first meteorological satellite TIROS-1 in the U.S. in April 1960 are investigated. With the successful demonstration of usefulness of TIROS-1 for the meteorological applications, organizations such as the Weather Bureau and the Department of Defense, responsible for the real time application of the TIROS 1 data, strongly requested for an operational meteorological satellite program which resulted in the plan for the National Operational Meteorological Satellite System (NOMSS). The plan was strongly supported by Kennedy Adminstration and was put forwarded for the new program under the responsibility of Weather Bureau to the Congress. However, the responsible Committee on Science and Aeronautics sided with NASA and requested major revision of the responsibility. Due to many unfavorable conditions, Weather Bureau accepted the requests and signed with NASA on the agreement for the operational meteorological satellite. However, with the delay of Nimbus satellite which is planned to be used for the prototype of the operational satellite and changes of the unfavorable situations, the Weather Bureau could draw a second agreement with NASA. The new agreement reflected most propositions requested by the Weather Bureau for the NOMSS plan. Until now the second agreement is regarded as the basic principles for the operational meteorological satellite program in the U.S. This study investigates the backgrounds and processes of the second agreement and its implications for the GK-2 program.

• Journal of Korea Society of Industrial Information Systems
• /
• v.15 no.2
• /
• pp.99-113
• /
• 2010

Beyond the rapid normalization process of patents in software industry, complex legal evolution and rigorous economic arguments underlie the crucial environmental transformation of the industry. In this article, we trace the evolutionary history for the theory and practice of patents in software industry from both legal and economic perspectives. First, we study the legal disputes and cases in light with the underpinnings of patent policy transformation, and then delve into the economic backrounds of the pros and cons for software patents, with special focus on the generic economic peculiarities of software industry. The fact that historical and practical policy and law in Korea have been largely affected from those of USA, and relative deficiency in the law, economics and management literature are the main motivation of the study, and we hope this study to contribute to the decision making of policymakers as well as law and business practitioners.

• Journal of Arbitration Studies
• /
• v.25 no.4
• /
• pp.3-23
• /
• 2015

The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

• Korea Trade Review
• /
• v.43 no.4
• /
• pp.111-130
• /
• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• International Commerce and Information Review
• /
• v.15 no.4
• /
• pp.457-479
• /
• 2013

Through a Chinese rise, Chinese dream is actualizing as the world's great power. According to outlook of World Bank and IMF, Around 2030 China will be a great power bigger than America's economic power. The rise of China will give a huge impact to the whole world. China expands her influence through a global manufacturing base and a global market. To actualize 'Peaceful Rise' Strategy, China has many constraints. Chinese society is facing many difficult social problem due to side effects of a rapid development. Such as the spread of corruption, the severity of wealth gap, environmental degradation and energy shortage. Internationally there are containment from hegemon so-called 'China threat' dispute, Taiwan issue and territorial disputes. Western countries are hostile to China for two reasons. Based on expectations, one is China's socialist system and the other is the rising China which will compete for supremacy with Europe and America. Recent emergence of Chinese nationalism and the containment of the neighboring countries are also serious limiting factors. Domestically they have the rampant corruption in the bureaucracy, weakened capacity of Communist rule, wealth disparity due to the discriminatory economic development strategy, seriousness of rural problem, social instability, lack of social security systems and the development gap between the eastern coastal areas and western inland areas, ethnic minorities problems, the constraint of sustainable development issues due to lack of resources, environmental pollution and energy constraints. Like the former Soviet Union, China may face a dismantlement. After the rise, China may encounter possibilities of a war between great powers or a collapse of Chinese society caused by deepening internal conflict. Serious economic polarization would make peasants and urban workers, who are social vulnerable people, to turn their back to communist party and threaten the justification and the appropriateness of the ruling communist party. Chinese government will think internal system security threat is more formidable risk factor than a system security threat from the hegemon. The decline of great country comes from internal reasons rather than external reasons. To achieve peaceful rise, unification with Taiwan is an essential prerequisite. Taiwan issues are complex problems which equipped with international and domestic factors. Lack of energy resources, environmental pollution in China will bring economic crisis to Korean enterprises. Important influence to Korean economy will be a changeover of the method in economic development. It will turn the balance of investment and consumption, GDP-centered growth to consumption and environment-centered growth. Services industries including finance, environment, culture, education, health care and social welfare will grow. Change in China's growth model will give a great challenge upon the intermediate goods industry in Korea. Korea should reduce the portion of machinery, automotive, semiconductor, steel and chemical-centered export industry to China, and should increase the proportion of the service industry.

• KSCE Journal of Civil and Environmental Engineering Research
• /
• v.38 no.5
• /
• pp.741-749
• /
• 2018

The purpose of this study is to propose a rational and scientific damage calculation model in relation to damages caused by bid rigging in construction projects. Previous studies and precedents in relation to calculating damages from bid rigging suggest that the main issue was the lack of consideration in standards for deciding successful bids, selection of inadequate standard comparative markets, insufficiency in analyzing the appropriateness of competitive bid price influence factors, and absence of calculation model verification. In order to improve on these issues, a damage calculation method on alternative tenders for construction projects was proposed. For this calculation model, first, a standard market adequate to the successful bid selection standards was determined, second, an appropriate factor was selected by analyzing the correlation between competitive bid price influence factors, and third, a regression analysis was conducted on the selected factor. Lastly, this was demonstrated through verification of appropriateness, significance & normality of the proposed model and application of actual bid rigging cases. Through the proposed calculation model, this study seeks to serve as a base to prevent opportunity damages for parties involved in related court cases by early resolution of disputes and relief from issues of unfair damage burdens on a particular party.

• Journal of International Area Studies (JIAS)
• /
• v.15 no.1
• /
• pp.83-108
• /
• 2011

South America has vast energy resources with the renewable and non-renewable sources. However, many countries in the region are unable to guarantee adequate energy security both of energy supply and demand. Currently the possibility of energy security is high through regional energy integration based on the potential economic benefits. The difference of regulation system with the individual countries in the region impose strong barriers to integration process. Security of energy supply and its demand as well is fundamental issues in this region and regional energy cooperation is essential for getting rid of the insecurity of energy supplies. Despite of this problem, currently Latin American countries made a great effort to make multilateral energy security regime through projecting great energy infrastructure network(e.g. IIRSA) or mechanism especially in South America, which can give countries access to the region's reserve supplies by providing regulations and pricing mechanism with a shared energy market in this region. Brazil's active leading in the formulation of such movement toward energy security integration and participation of energy infrastructure network is good initiative to enforce this great energy security change. Politically and economically, Brazil's geographical position and the level of market size and oil and natural gas resources, in addition the leadership in renewable energy sources make it a sound candidate to take over the coordination of the secure integration of region's energy market. However, on the conditions of existing many obstacles such as, control of the output of the region's power plant, energy flows, the environmental matter within local community must be overcome to make more advance process and steps. Finally, to secure more institutional approach, this region must settle regional disputes resolution regime urgently.

• Korean Journal of Agricultural and Forest Meteorology
• /
• v.12 no.4
• /
• pp.307-316
• /
• 2010

Complex terrain refers to irregular surface properties of the earth that influence gradients in climate, lateral transfer of materials, landscape distribution in soils properties, habitat selection of organisms, and via human preferences, the patterning in development of land use. Complex terrain of mountainous areas represents ca. 20% of the Earth's terrestrial surface; and such regions provide fresh water to at least half of humankind. Most major river systems originate in such terrain, and their resources are often associated with socio-economic competition and political disputes. The goals of the TERRECO-IRTG focus on building a bridge between ecosystem understanding in complex terrain and spatial assessments of ecosystem performance with respect to derived ecosystem services. More specifically, a coordinated assessment framework will be developed from landscape to regional scale applications to quantify trade-offs and will be applied to determine how shifts in climate and land use in complex terrain influence naturally derived ecosystem services. Within the scope of TERRECO, the abiotic and biotic studies of water yield and quality, production and biodiversity, soil processing of materials and trace gas emissions in complex terrain are merged. There is a need to quantitatively understand 1) the ecosystem services derived in regions of complex terrain, 2) the process regulation occurred to maintain those services, and 3) the sensitivities defining thresholds critical in stability of these systems. The TERRECO-IRTG is dedicated to joint study of ecosystems in complex terrain from landscape to regional scales. Our objectives are to reveal the spatial patterns in driving variables of essential ecosystem processes involved in ecosystem services of complex terrain region and hence, to evaluate the resulting ecosystem services, and further to provide new tools for understanding and managing such areas.