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Legal Transformation of Advisory Procedure of the ITLOS into an Alternative Dispute Settlement Mechanism - From the Evaluation of Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (Case No. 21), ITLOS (분쟁해결을 위한 대체적 수단으로서 ITLOS 권고적 의견 절차 활용 - SRFC 권고적 의견 사건(사건번호 21)을 중심으로 -)

  • Choi, Jee-hyun
    • Ocean and Polar Research
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    • v.44 no.2
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    • pp.147-160
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    • 2022
  • SRFC (Sub-Regional Fisheries Commission) requested to the ITLOS (International Tribunal for the Law of the Sea) an advisory opinion relating to the IUU (Illegl, Unreported, and Unregulated) fishing (Case No-21 of the ITLOS). Since, in the UNCLOS, there is no article authorizing the jurisdiction of the ITLOS full court's Advisory opinion, so various scholarly opinion wad divided. But ITLOS delivered its Advisory opinion confirming its jurisdictional competence over the Advisory proceedings with its legal opinion about the IUU issues. It opens new possibility of the alternative dispute settlement mechanism of the ITLOS through the advisory procedures. In reality, there has been a view that ICJ (International Court of Justice) could take the part of a kind of dispute settlement through its Advisory procedures. But the advisory procedures of the ITLOS, with no definite clause in UNCLOS about the advisory procedures, which provides more allowances for the function of advisory opinion as the alternative dispute settlement mechanism. ITLOS accepted the requests of the advisory opinion by the State parties through international organization or themselves directly. And the advisory opinion of the ITLOS aims the interpretation and application into the special issues-specially IUU fishing in Case No. 21 of the ITLOS-. Those factors could enable more enhanced role of the ITLOS as an alternative dispute settlement mechanism. But those possibility has contain risk of excessive and unlimited advisory role of the ITLOS. So it is important to focus on the restriction on the role of the State parties in the request of the advisory opinion to the ITLOS. In this regard it is meaningful that the ITLOS has suggested a kind of legal standing in the advisory procedures in that only coastal States could request the Advisory opinion about the IUU in their EEZ. Furthermore the discretionary power of the ITLOS in the Article 138 of the Rules of the Tribunal could curtail the abuse of the Advisory opinion initiated by the States parties of the UNCLOS. Under this framework, Advisory opinion could broaden more alternative option to the disputes between State parties of the UNCLOS in that after being delivered detailed interpretation of the UNCLOS about the specific issues, States parties could devote themselves to searching for flexible solution for the disputes between State parties. It could obtain legal explanation about the dispute under the Article 297 and Article 298 by detouring the jurisdiction limits through advisory procedures.

Evaluation of the Bending Properties of Glulam with Different Cross-Section (집성재 단면구성에 따른 휨성능 평가)

  • Lee, Jun-Jae;Kim, Kwang-Mo;Han, Jae-Su;Kim, Jae-Keon
    • Journal of the Korean Wood Science and Technology
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    • v.31 no.5
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    • pp.65-71
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    • 2003
  • In this paper, bending capacities of glulams with different configurations of cross-section were evaluated. These configurations included horizontal(BH), vertical(BVN), vertical with vertical plywood (BVV) and vertical combination of lamination with horizontal plywood(BVH). Full-scale bending tests were performed to investigate the effect of different section configurations on bending strength(MOR) and stiffness(MOE) of glulam. Compared with type BH, MOR of glulam with type BVN configuration was improved about 23%, which was considered to be caused by defect dispersion effect, while MOE of glulams with these two types of configurations were similar. Because MOE of plywood is generally smaller than that of solid wood laminar, MOE of type BVH glulam decreased about 15%, but in the case of type BVV glulam, MOR was improved without any reduction of MOE. The reason of this result could be undersood in the view of shear-reinforcement effect, which was verified from analysis of fracture mode. From the results of this study, it was concluded that bending capacity of glulam could be improved by proper section design, such as laminar arrangement and shear reinforcement.

A Study on the Landscape Structure and Meaning of Eight Scenic Views of Yeongsa-jeong Pavilion through the Painting and Poem (<영사정팔경도(永思亭八景圖)>와 팔영시로 본 영사정팔경의 경관구조와 의미)

  • Rho, Jae-Hyun;Son, Hee-Kyung;Kim, Hong-Kyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.35 no.2
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    • pp.58-68
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    • 2017
  • The conclusion of this research after analyzing and interpreting the landscape structure and meaning of Yeongsajeongpalkyung (永思亭八景) that appears in Yeongsajeongpalyeongsi(永思亭八詠詩) of Cheonggye(靑溪) Yang, Dae-bak(梁大樸, 1544~1592) and through document studies, poetry and painting analysis and interpretation, and site investigation, is as follows. Yeongsajeong and its nearby lands are the area of "Yeongsa", where the builder, Ahn, Jeon(安?, 1518~1571) worshipped towards the grave of ancestors, and Yeongsajeongpalkyung oversees a family burial ground in Namwon, centering around Yeongsajeong such as Yocheon, Geumseokgyo and Cheonggyedong, and Sunjagang River and Mountain Jiri, which are the foot hold and key points of advantageous scenic views in Namwon. Yeongsajeongpalkyung, unlike general Jeongjapalkyung, shows a panoramic bird's-eye structure overseeing the landscape and scenery of the Yocheon area and Sunjagang River, in addition to Yeongsajeong, while show in a transition of location, a multi-view structure and time. The trace of visual unity with Sosangpalkyung of China can be seen in many places in Yeongsajeongpalkyung, which seems to be a transitional feature of composing poems regarding Palgyeong during the mid-Joseon dynasty, which pursues harmony with the local landscape of the Namwon area. The 'Changsongchwijuk(蒼松翠竹)' appearing in each of the first and second scenic views of Palgyeong and Yeongsajeongpalyeong can be understood as an incarnation of Yang, Dae-bak, the author of Palyeongsi or Ahn, Jeon, the builder of Yeongsajeong. On the other hand, as a result of interpreting the yin-yang features of poetic diction and picture elements appearing in the subtitle of Yeongsajeongpalyeong, Palyeongsi seems mostly full of yin-like elements and Palgyeongdo. Moreover, as a result of comparing and analyzing the acts expressed in and acts described in Yeongsajeongpalyeong, based on the fact that the reis almost no common ground between the two media except for Soongangmowoo, the third scenic view, the formal similarity between the two media can be acknowledged, however, it is difficult to discover any substantive 'integrity of poetry and painting'.

A Study on the Visual Characteristics of the Landscape of Darangyi-paddy in Garchon, Namhae (남해 가천마을 다랑이논 경관의 시각적 특성에 관한 연구)

  • Youn, Kyung-Sook;Lee, Chang-Hun;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.4
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    • pp.76-84
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    • 2010
  • Darangyi paddy in Namhae Gachon village provides natural beauty with its distinct location. Darangyi is a traditional Korean landscape, shaping a circular form to serve continuous cultivation. Despite the paddy's landscape, it is difficult to preserve its natural scenery due to many factors such as inadequate visual analysis. Under the belief that there is a necessity to preserve Darangyi paddy, the research in visual features of the paddy began to illustrate the relevance between its viewpoint and landscape objects. First, we researched typical view structures. When considering the visual features, Darangyi paddy landscape objects has a viewpoint from the horizontality to its below, which its center area is about $-5^{\circ}{\sim}-30^{\circ}$. From the analyzed data, the scenary of Darangyi paddy, which most people agree its decency, is formed in a visually decent location. The above type of measure of visual structure in Darangyi paddy is expected to be applied in maintenance of foothold of views in the future. Second, the surrounding elements play important parts to form the whole landscape of Gachon Darangyi paddy. Although Darangyi paddy is the principal part of the scenary, the landscape analysis showed a high relevance with the paddy's identity, forest around the paddy, sky, ocean, settlements, and the roads in terms of visual perception. It was affirmed that those elements around the paddy play important parts in structuring and providing the beauty of the whole landscape. Various viewy objects are seen obvious especially in a long distance, and the splendid scenary proved that those viewy objects are in indispensable location. In order to preserve the paddy, it seems necessary to consider the surrounding envrionment of Darangyi paddy, not just the paddy's sole landscape form. Third, Darangyi paddy has a distinct seasonal characteristics. According to the survey analysis, the full heading time in spring and time when people can take a picture against the sun light proved magnificence of Darangyi paddy. Thus, it would be ideal to maintain Darangyi paddy by securing the sunlight condition with decent landscape view and the views from its surrounding environments or researching the ways to principally maintain the surrounding environments.

Kant on 'the Highest Good of a Possible World' (칸트에서 '가능한 세계의 최고선')

  • PAEK, CHONG-HYON
    • Journal of Korean Philosophical Society
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    • no.96
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    • pp.39-70
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    • 2012
  • In order to locate Kant's concept of the highest good within ethics and the theory of moral religion, it needs to be approached with some qualifications: there are two rough ways to be suggested. The first way is to focus on the concept of the highest good that is explained in terms of the happiness in proportion to a rational being's virtue or to his/her worthiness to be happy. But the happiness determined in the sense outlined above would be (increasingly or decreasingly) changeable according to each one's individual morality-this is what is meant by each one's 'worthiness' here-, and would not be seen as the perfect one. It might even be said that this kind of happiness is possible in a sensible world generally taken, if the existence of God thought of as harmonizing natural phenomena and the moral order is successfully presupposed. The other way is to understand the concept of the highest good literally: in this view, the highest good shows that a rational being's character is completely appropriate to the moral law and for him/her, its corresponding idea, i.e., the perfect happiness, is considered with full justification. But the highest good in the sense sketched above-along with the existence of God and the immortality of the soul-is expected to be realized only in an intelligible world generally taken. This means that it should be appraised as an ideal of the highest good that includes the so-called 'physical happiness' specified in terms of the first way as its element. In this regard, it is seen to be somewhat restricted. Between the two concepts of the highest good already touched upon, the highest good of the possible world would be the one established in terms of the first way. In other words, it is not the highest good in an intelligible world, but the highest good in this world. Of course, it is true that we cannot help but assume the existence of God-a being as higher, as moral, as most holy, and as omnipotent-in order to explain the highest good in this world (namely, in order to establish the possibility of the combination of the happiness and the worthiness). For as long as both morally good acts and the happiness are considered to happen in a natural world, the cause of the nature (i.e., the existence of its creator), that is, God, must be able to be presupposed. In this vein, Kant interprets that most people view that the key of the Bible is to show that the best world which is characterized by an intelligible or heavenly kingdom is also actually feasible in this world. The wish of the people who have the morally good character is that God's kingdom comes and his will is properly achieved in this world. But we cannot know what God really does in order to realize his world in this world. Nonetheless, we are fully aware of what we should do in order to make ourselves a member of his world. It is specified like this: we should do our ethical duties and further proceed to establish an ethical community. Viewed this manner, it is concluded that an ethical community is not a merely ideal thing like the kingdom of the ends, but a human apparatus or institution that exists in this world.

Kinematic Analysis of Airborne Movement of Dismount from High Bar(I) (철봉 내리기 공중 동작의 운동학적 분석(I))

  • Choi, Ji-Young;Kim, Youg-Ee;Jin, Young-Wan
    • Korean Journal of Applied Biomechanics
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    • v.12 no.2
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    • pp.159-177
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    • 2002
  • The purpose of this study was to investigate the relations between the segments of the body, the three dimensional anatomical angle and the angular velocity of the air born phase and understand the control mechanism of the high-bar movement, the somersault, the double somersault, the double somersault with full twist. For this study seven well trained university gymnastic volunteered, Zatsiorky and Seluyanov(1983, 1985)'s sixteen segment system anatomical model was used for this study. For the movement analysis three dimensional cinematographical method(Arial Performance Analysis System : APAS) was used and for the calculation of the kinematic variables a self developed program was used with the LabVIEW 5.1 graphical profromming(Johnson, 1999) program. By using Eular's equations the three dimensional anatomical Cardan angles of the joint and angular velocity were defined. As a result of this study 1. As the rotation of the body increased in the air born phase the projection angle of the CM of the total increased, this resulted the increased of the max hight of the CM. 2. In three dimensional angular velocity the Z axis(vertical direction) projection angular velocity increased as the rotation of the body increased in the airborn phase, but the Y axis and the X axis projection angular velocity did not show significant differences. 3. As the rotation of the body increased in the air born phase the angular movement of the shoulder and the hip showed significant change. These movement act as the starter in the preparation phase. 4. The somersault angle, the twist angle, the tilt angle of the upper body related to the global reference frame in the releas phase the average somersault angle of the three types of high-bar movement was $57.7^{\circ}$, $38.8^{\circ}$, $39.7^{\circ}$, the average tilt angle was $-1.5^{\circ}$, $-5.4^{\circ}$, $-8.4^{\circ}$, the average twist angle was $13.4^{\circ}$, $10.6^{\circ}$, $23.3^{\circ}$. This result showed that the somersault with full twist had the largest movement.

Geographic Variation of Seed Characteristics and 1-year-old Seedling Growth of Zelkova serrata (느티나무 종자특성의 지리적 변이와 1년생 유묘의 생장)

  • Kim, In Sik;Lee, Joo Hwan
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.15 no.4
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    • pp.234-244
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    • 2013
  • This study was conducted to determine the factors affecting to seed characteristics and seedling growth of Zelkova serrata. The seeds were collected from sixteen populations of Z. serrata and the seed characteristics (i.e., seed length, width, weight and full seed rate) were measured. We also measured the 1-year-old seedling growth of each population at nursery. All seed characteristics showed significant differences in population level. Seed length and seed width were positively correlated with latitude, longitude, altitude and distance from coast line of sampling site. Seed length and seed width also negatively correlated with annual mean temperature, mean temperature of growing season (Mar.~Oct.). The ratio of seed length/seed width showed inverse trend in case of seed length and seed width. Seed weight/1,000 grains had no correlation with geographic factors but showed negative correlation with annual mean dryness index. Seed weight/L showed negative correlation with latitude and longitude and positive correlation with mean temperature of growing season of sampling site. Full seed rate showed negative correlation with latitude, longitude and annual mean dryness index of sampling site. There were significant differences among populations, among family within population and among individuals within family in seedling growth. Height and diameter of root collar of seedling showed negative correlation with longitude and mean humidity of growing season of sampling site. Height growth of seedlings was not correlated with any seed characteristics but, diameter at root collar showed low negative correlation with seed weight/1,000 grains and seed weight/L. We discussed the implications of the results in view of tree improvement of Z. serrata.

A Study on Analysis of Investment Effects of Farm Mechanization, Korea -Mainly on the Case Study of Saemaeul Farm Mechanization Groups in Nonsan Area, Chungnam Province- (농업기계화(農業機械化)의 투자효과분석(投資效果分析)에 관(關)한 연구(硏究) -충남논산지역(忠南論山地域) 새마을 기계화영농단(機械化營農團)을 중심(中心)으로-)

  • Lim, Jae Hwan;Han, Gwan Soon
    • Korean Journal of Agricultural Science
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    • v.14 no.1
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    • pp.164-185
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    • 1987
  • The Korean economy has been developed rapidly in the course of implementing the five year economic development plans since 1962. Accordingly the industrial and employment structure have been changed from the traditional agriculture to modem industrial economy. In the course of implementing export oriented industrialization policies, rural farm economy has been encountered labour shortage owing to rural farm population drain to urban areas, rural wage hike and pressure on farm operation costs, and possibility of farm productivity decrease. To cope with the above problems the Korean government has supplied farm machinery such as power tillers, tractors, transplanters, binders, combines, dryers and etc. by means of the favorable credit support and subsidies. The main objectives of this study are to identify the investment effects of farm mechanization such as B/C and Internal Rate of Return by machinery and operation patterns, changes of labour requirement per 10a for rice culture since 1965, partial farm budget of rice with and without mechanization, and estimation labour input with full mechanization. To achieve the objectives Saemaeul farm mechanization groups, common ownership and operation, and farms with private ownership and operation were surveyed mainly in Nonsan granary area, Chungnam province. The results of this study are as follows 1. The national average of labor input per 10a of paddy has decreased from 150.1Hr in 1965 to 87.2Hr in 1985 which showes 42% decrease of labour inputs. On the other hand the hours of labour input in Nonsan area have also decreased from 150.1Hr to 92.8Hr, 38% of that in 1965, during the same periods. 2. The possible labor saving hours per 10a of Paddy was estimated at 60 hours by substituting machine power for labor forces in the works of plowing, puddling, transplanting, harvesting and threshing, transporting and drying The labor savings were derived from 92.8 hours in 1986 deducting 30 hours of labor input with full mechanization in Nonsan area. 3. Social benefits of farm mechanization were estimated at 124,734won/10a including increment of rice (10%): 34,064won,labour saving: 65,800won,savings of conventional farm implements: 18,000 won and savings of animal power: 6,870won. 4. Rental charges by works prevailing in the area were 12,000won for land preparation, 15,000won for transplanting with seedlings, 19,500won for combine works and 6,000won for drying paddy. 5. Farm income per 10a of paddy with and without mechanization were amounted to 247,278won and 224,768won respectively. 6. Social rate of return of the machinery were estimated at more than 50% in all operation patterns. On the other hand internal rate of return of the machinery except tractors were also more than 50% but IRR of tractors by operation patterns were equivalent to 0 to 9%. From the view point of farmers financial status, private owner-operation of tractors is considered uneconomical. Tractor operation by Saemaeul mechanization groups would be economical considering the government subsidy, 40% of tractor price. 7. Farmers recommendations for the government that gained through field operation of farm machinery are to train maintenance technology for rural youth, to standardize the necessary parts of machinery, to implement price tag system, to intercede spare parts and provide marketing information to farmers by rural institutions as RDA,NACF,GUN office and FLIA.

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Correlation Between Degree of Torn Rotator Cuff in MRI and Degenerative Change of Acromion and Greater Tuberosity in Simple Radiography (단순 방사선 사진에서 견봉 및 상완골 대결절의 퇴행성 변화와 MRI상 회전근 개 파열 정도와의 연관성)

  • Choi, Jung-Yun;Yum, Jae-Kwang;Song, Min-Cheol
    • Clinics in Shoulder and Elbow
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    • v.16 no.1
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    • pp.1-9
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    • 2013
  • Purpose: The purpose of this study is to analyze the correlation between the degree of torn rotator cuff as recorded by MRI and degenerative change of acromion and greater tuberosity of humerus determined by simple radiographs. Materials and Methods: Of the 518 cases included in this study, a group of 234 cases had a chronic rotator cuff tear and a control group of 284 cases had an intact rotator cuff in shoulder MRI. The degree of degenerative changes was classified according to the length of spur and morphological change of acromion and greater tuberosity through the true anteroposterior simple radiograph in supraspinatus outlet view. The degree of tear (partial-thickness or full-thickness tear) and the size of complete rotator cuff tear were analyzed according to the MRI findings of shoulder. The authors also evaluated the correlation between the degree and size of torn rotator cuff and the degenerative change of acromion and greater tuberosity. Results: There were significant differences in the size and extent of torn rotator cuff according to the age, sex and degenerative change of acromion and greater tuberosity of humerus (p<0.001). More degenerative changes of acromion and greater tuberosity in simple shoulder radiographs showed the increased degree and size of torn rotator cuff (p<0.001). In addition, the higher degree and larger size of torn rotator cuff were noted in older age subjects (p<0.001) and in the female group (p<0.001). Conclusion: More degenerative changes of acromion and greater tuberosity in simple shoulder radiographs showed the increased degree and size of torn rotator cuff. Therefore, if a high degree of degenerative change of the acromion and greater tuberosity on simple radiograph is noted, the possibility of degenerative rotator cuff tear should be considered. In addition, the age and sex could be associative factors for larger size of torn rotator cuff.

Comparative Study on Dietary Life and Nutrient Intakes of Elderly Persons at Nursing Home or Their Home in Chungnam (충남지역 일부 시설노인과 재가노인의 식생활 및 영양섭취상태 비교)

  • Song, Eun-Sook;Kim, Eun-Jin;Kim, Myung-Hee;Choi, Mi-Kyeong
    • Journal of the East Asian Society of Dietary Life
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    • v.21 no.5
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    • pp.649-660
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    • 2011
  • The purpose of this study was to compare the dietary life and nutrient intakes among elderly persons residing at nursing homes and their homes in order to provide fundamental data for improved foodservice and dietary management. We recruited 150 subjects at a nursing home stay and 150 home stay elderly persons for a survey. The results were as follows. There was no significant difference in frequency of napping between the two groups. The frequency of going out was higher in the home stay subjects, but regular exercise was higher in nursing home stay subjects. Subjects possessed the following diseases: dementia and digestive disorders for nursing home stay elderly men, blood vessel disorder and diabetes for home stay elderly men, digestive and blood vessel disorders for nursing home stay elderly women, and blood vessel and heart disease for home stay elderly women. In a health-related assessment, smoking, drinking, and teeth condition of nursing home stay subjects were not higher than those of home stay subjects. The ratio of subjects who ate meals everyday was higher in nursing home stay elderly women than in home stay women. While most nursing home subjects ate adequate amount of meals, home stay subjects ate until they were full. The daily energy intakes of men and women were 2,229.9 kcal and 2,302.1 kcal for nursing home subjects and 1,894.0 kcal and 1,885.9 kcal for home subjects, respectively. Nutrient intake was also higher in nursing home than home stay subjects. In summary, the dietary life of elderly persons residing in a nursing home was higher than that of elderly persons residing at their home from the view point of meal frequency, meal intake, and nutrient intakes. Therefore, systematic assessment and management of nutrition for elderly staying at a nursing home or at home alone should be conducted continually.