• Title/Summary/Keyword: investment procedure

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The International Arbitration System for the Settlement of Investor-State Disputes in the FTA (FTA(자유무역협정)에서 투자자 대 국가간 분쟁해결을 위한 국제중재제도)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.181-226
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    • 2008
  • The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

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The Study of Reflecting Regional Characteristics in Car Insurance for Reduction of Traffic Accidents (교통사고감소를 위한 자동차보험의 지역요인 반영에 관한 연구)

  • KIM, Dong Kuk
    • Journal of Korean Society of Transportation
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    • v.33 no.3
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    • pp.223-236
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    • 2015
  • This study dealt with regional characteristics in car insurance for reduction of traffic accidents. The objective was to establish scientifically the verification procedure in the application of regional auto insurance rate. To specify the objective, this study conducts the correlation analysis between factors which are various in each local traffic environment and the loss ratio in automobile insurance. Also, this provides a correlation and a modal in loss ratio, classifying human factors in locality in major cause result from traffic accident. Based on the results, this brings up the problems with applying a uniform criterion for automobile insurance rate although various factors have effect on traffic accidents in locality. Therefore, what stands out most from this study is that a policy on automobile insurance applied to regional factor should be introduced.

Advanced performance evaluation system for existing concrete bridges

  • Miyamoto, Ayaho;Emoto, Hisao;Asano, Hiroyoshi
    • Computers and Concrete
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    • v.14 no.6
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    • pp.727-743
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    • 2014
  • The management of existing concrete bridges has become a major social concern in many developed countries due to the large number of bridges exhibiting signs of significant deterioration. This problem has increased the demand for effective maintenance and renewal planning. In order to implement an appropriate management procedure for a structure, a wide array of corrective strategies must be evaluated with respect to not only the condition state of each defect but also safety, economy and sustainability. This paper describes a new performance evaluation system for existing concrete bridges. The system evaluates performance based on load carrying capability and durability from the results of a visual inspection and specification data, and describes the necessity of maintenance. It categorizes all girders and slabs as either unsafe, severe deterioration, moderate deterioration, mild deterioration, or safe. The technique employs an expert system with an appropriate knowledge base in the evaluation. A characteristic feature of the system is the use of neural networks to evaluate the performance and facilitate refinement of the knowledge base. The neural network proposed in the present study has the capability to prevent an inference process and knowledge base from becoming a black box. It is very important that the system is capable of detailing how the performance is calculated since the road network represents a huge investment. The effectiveness of the neural network and machine learning method is verified by comparing diagnostic results by bridge experts.

A Study on Laser Scan Path Generation for Improving the Precision of Stereolithographic Parts (광조형물의 정밀도 향상을 위한 Laser주사경로 생성에 관한 연구)

  • Park, H.T.;Lee, S.H.
    • Journal of the Korean Society for Precision Engineering
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    • v.13 no.12
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    • pp.142-150
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    • 1996
  • Nowadays, as the development paeiod of new products becomes even shorter, the importance of Rapid Prototyping Technology(RPT) has been rapidly increased. The major application of RPT is an early verification of product designs and quick production of prototypes for testing. Moreover, RPT is applied not only as a second tooling process such as mold making and investment casting but also as a creating some physical structure in medical field. Despite the remarkable progress of RPT, it is required to improve various problems resulting from application such as production time, accuracy and materials. This paper presents a laser scan path generation for accuracy of stereolithographicparts The methodology of laser scan path generation is discussed based on the stereolithography, The procedure of this research is as follows : 1) Input laser scanning conditions such as a laser beam diameter and a laser scanning interval, 2) Reconstruct original contours without self intersecting offset, 3) Calculate offset about reconstructed contours, 4) Calculate intersection points between horizontal or vertical lines and offset contours for internal hatch, 5) Decide laser shutter on/off points. The algorithm developed and programmed by C language is verified as an efficient method after testing a number of STL files of mechanical parts.

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A Study on the Technical Development for the Exterior Wall System of Container House (컨테이너 하우스 외벽 구성 시스템 기술개발연구)

  • 김환식;백기영
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.2 no.2
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    • pp.57-63
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    • 2001
  • This paper aims at searching the attentiveness and method in planning. design and construction procedure of the container house system where container is used as core framework. For this. we try to produce researching fundamental materials for the construction performance and design standards of steel house, and finish the sample exterior wall system of the container house. By applying this sample system to the two case study of container housing construction we find out that there are considerable efnciency of the cost saving and catch up schedule compared with existing brick housing construction system. This study is significant in that it shows future direction of technical development and investment on the prefabricate housing market through development of the prefabricated container housing system.

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A Manufacturing Cell Formantion Algorithm Using Neural Networks (신경망을 이용한 제조셀 형성 알고리듬)

  • 이준한;김양렬
    • Korean Management Science Review
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    • v.16 no.1
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    • pp.157-171
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    • 1999
  • In a increasingly competitive marketplace, the manufacturing companies have no choice but looking for ways to improve productivity to sustain their competitiveness and survive in the industry. Recently cellular manufacturing has been under discussion as an option to be easily implemented without burdensome capital investment. The objective of cellular manufacturing is to realize many aspects of efficiencies associated with mass production in the less repetitive job-shop production systems. The very first step for cellular manufacturing is to group the sets of parts having similar processing requirements into part families, and the equipment needed to process a particular part family into machine cells. The underlying problem to determine the part and machine assignments to each manufacturing cell is called the cell formation. The purpose of this study is to develop a clustering algorithm based on the neural network approach which overcomes the drawbacks of ART1 algorithm for cell formation problems. In this paper, a generalized learning vector quantization(GLVQ) algorithm was devised in order to transform a 0/1 part-machine assignment matrix into the matrix with diagonal blocks in such a way to increase clustering performance. Furthermore, an assignment problem model and a rearrangement procedure has been embedded to increase efficiency. The performance of the proposed algorithm has been evaluated using data sets adopted by prior studies on cell formation. The proposed algorithm dominates almost all the cell formation reported so far, based on the grouping index($\alpha$ = 0.2). Among 27 cell formation problems investigated, the result by the proposed algorithm was superior in 11, equal 15, and inferior only in 1.

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A Study on the Analysis of SE Process Implementation for the Light Rail Transit Project (경량전철사업의 시스템엔지니어링 적용 실태분석 연구)

  • Kim, Chul Whan;Han, Myeung-Duk;Lee, Jae Hong
    • Journal of the Korean Society of Systems Engineering
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    • v.8 no.2
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    • pp.1-10
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    • 2012
  • This paper aims to analyze the result of SE Process Implementation on Light Rail Transit(LRT) Project. Currently the Light Rail Transit Project of Korea applies SE to the intermediate phase, that is, E&M phase which is a manufacturing and designing procedure. More seriously, the application effect of SE is not remarkable because it applies to some specific engineering fields like RAMS and it depends on superficial consulting of foreign companies with low SE support capability and investment capital. This study points out that the "Requirement Analysis" and "System Alternative Review" has not been conducted from the initial phase (basic plan and basic design) of the LRT projects. Several projects indicate that the amount of investments for SE activities through the Korea LRT project is relatively very small in comparison with the global capital which is about 10% of total project budget. Furthermore, Korea LRT projects have very few SE professionals and weak SE organization with no government directions and guide book for the efficient implementation of SE for the LRT projects.

A Study on the Readjustment Plans for Solution of Conflict in Gaeseong Complex - Centering around the Inter-Korean Commercial Arbitration System (개성공단 분쟁해결 제도 정비방안 - 남북상사중재제도를 중심으로)

  • Hwangbo, Hyun
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.3-31
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    • 2019
  • In order to achieve full-scale economic cooperation between North Korea and South Korea, the Gaesong Industrial Complex should reopen first. In this case, the Inter-Korean commercial arbitration system should be clearly established to effectively resolve the disputes arising in the special economic zones of the Gaesong Industrial Complex. Even though the Inter-Korean Investment Security Agreement, the Agreement on the Resolution of Commercial Disputes between North Korea and South Korea, the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee, and the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee in the Gaesong Industrial District are in place, specific arbitration procedure is not concretely agreed upon and realized between the two Koreas. Therefore, the realization of commercial arbitration between them led by the Ministry of Unification or the government should be accomplished. In addition, it is necessary to consider the administrative trial or administrative litigation system in order to deal with administrative disputes that are not subject to commercial arbitration. Lastly, discussions on legal integration between the two Koreas should continue, focusing on the special economic zone of the Gaesong Industrial Complex, in order to prevent integration from being hindered by a different culture for a long time.

A Case Study on the Technology Tree Methodology of Energy R&D (에너지연구개발(R&D)위한 기술계통도(Technology Tree) 기획방법론 활용 사례 - 에너지저장 기술 중심으로)

  • Kang, Geun Young;Yun, Ga-Hye;Kim, Donghwan
    • New & Renewable Energy
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    • v.9 no.2
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    • pp.40-50
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    • 2013
  • Government spending on research and development increased continuously is much more important to decision-making methodology for rational investment. Rely on a group of minority experts in the application of a general methodology, a tipping effect occur in specific technology field or difficult balanced procedure and objective control to maintain. This paper presents a qualitative-quantitative methodology to avoid such risks by utilizing Technology-Tree pertaining to energy R&D planning of the government Energy Technology Development program. Especially Energy Technology Development program "energy storage system" is applied to the analysis of Technology-Tree, mapping and analysis of existing government-supported projects during the recent 5 years, is derived essential missing elements of the technology value chain. This study suggests that significant evidence is utilized for improving efficiency of government R&D budget considering the importance of technology, domestic research-based and so forth, could be used to implement the R&D project planning.

Risk-Based Inspection(RBI) Technology for Safety Management of the Pressurized Facilities (압력설비의 안전관리를 위한 위험기반검사(RBI) 기술)

  • Lee, Hern-Chang;Han, Seong-Hwan;Cho, Ji-Hoon;Kim, Tae-Ok
    • Journal of the Korean Institute of Gas
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    • v.15 no.4
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    • pp.1-6
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    • 2011
  • Risk-based inspection (RBI) is a inspection technique suggesting inspection plan, such as inspection interval and inspection method, of the pressurized facilities based on its risk in the petrochemical, refinery and gas industries. Therefore, we can intensively and cost-effectively maintain, repair and manage the high-risk facilities through RBI technology. This paper reviews RBI technology, such as principle and implemental procedure of RBI, management of risks and facilities and return of investment through RBI, RBI technology at present and its application in domestic industries. In addition, some improvement directions of RBI are also proposed.