• The Journal of Fisheries Business Administration
• /
• v.21 no.1
• /
• pp.21-34
• /
• 1990

The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

• Journal of Korean Society of Rural Planning
• /
• v.16 no.1
• /
• pp.73-80
• /
• 2010

This study aims at providing necessary resources in developing the sustainable project of the exchanges between cities and rural areas in Korea. And so I investigated and analyzed the model of the Setagaya Ward and the Gawaba Village in Japan, which has successively continued the exchanges between city and rural areas for thirty years, with the documentation, field work, interviews and field investigation. The two local autonomous entities have promoted the project of the exchanges between cities and rural areas by keeping in touch with a making the second home and linking agriculture with sightseeing. They passed an agreement of mutual help and established regulations to push forward the agreement in order to carry out the agreement. And they have operated a section which will do nothing but focus on this, established a management company which takes charge of the stronghold facilities of the exchange between city and rural areas, operated a caucus to examine the project steadily and to develop new programs, and made a publicity work continually for thirty years. In conclusion, I think we should promote the joint capital stronghold facilities of the exchange between city and rural areas which is based upon the agreements. And we should promote the infrastructure like a management company which takes charge of the facilities and build the proper foundation which can develop the various programs for the exchange between city and rural areas and operate them.

• Journal of the Korean Society of Physical Medicine
• /
• v.16 no.1
• /
• pp.1-7
• /
• 2021

PURPOSE: The purpose of this study is to conduct inter-rater and intra-rater reliability tests in patients with low back pain (LBP) using the prone instability test (PIT) and side-lying instability test (SIT). We have analyzed the Korean version Oswestry disability index (K-ODI) correlations and radiograph finding (RF) for validity. METHODS: Individuals (n = 51) (mean age of 40.27 ± 13.28) with LBP for at least over a week were recruited, together with two participating physical therapist examiners. The measurement consisted of PIT, PST, K-ODI, and RF. Sensitivity (Sn), specificity (Sp), positive predictive value, negative predictive value, prevalence index, agreement %, Cohen's kappa, and prevalence-adjusted bias-adjusted kappa (PABAK) were calculated. The PIT and SIT were compared with RF for validity analysis, while PIT, SIT, K-ODI, and RF were calculated for the correlation analysis. RESULTS: The intra-rater reliability test measured for the PIT (kappa = .79, PABAK = .88) and SIT (kappa = .73, PABAK = .84), and inter-rater reliability test measured for the SIT (kappa = .80, PABAK = .88) showed good agreements. The PIT (Sn = .65, Sp = .63) and SIT validities (Sn = .68, Sp = .70) were compared with RF, showing a significant correlation in PIT and RF (r = .69), SIT and RF (r = .73), and PIT and K-ODI (r = .53). CONCLUSION: The SIT is a more comfortable position test than the PIT in patients. Both PIT and SIT have acceptable reliability and validity.

• Journal of Arbitration Studies
• /
• v.12 no.1
• /
• pp.271-321
• /
• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• 한국무역상무학회:학술대회논문집
• /
• 2006.06a
• /
• pp.45-72
• /
• 2006

The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.

• Journal of Arbitration Studies
• /
• v.15 no.2
• /
• pp.61-91
• /
• 2005

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, ADR(Alternative Dispute Resolution) including arbitration and mediation, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, efforts for settlement of trade and investment disputes by ADR have been made between Korea and China through trade and investment agreements and arbitration agreement. Judging from the importance of economic exchange between Korea and Qingdao including Shandong Province, The Korean Commercial Arbitration Board(KCAB) and The Qingdao Arbitration Commission(QAC) should strengthen mutual cooperation to develop efficient methods of resolving commercial disputes arising between the two countries and to assist parties in solving those disputes through conclusion of arbitral agreement. Recently, efforts for conclusion of a Korea-China-Japan Free Trade Agreement(FTA) received strong support at Korea-Japan and Korea-China Summit Meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. Under the circumstances, the key arbitral institutions including KCAB and QAC should consider to take the initiative in setting up tentatively called ${\ulcorner}$Joint Arbitration Center for Northeast Asia${\lrcorner}$ for which the CAMCA of NAFTA will be the good example.

• Journal of Arbitration Studies
• /
• v.20 no.2
• /
• pp.27-47
• /
• 2010

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

• Journal of the Korean Society of Propulsion Engineers
• /
• v.10 no.3
• /
• pp.18-25
• /
• 2006

In order to perform system requirements quickly and accurately, an automatic design program of solid rocket motors(SRM) structure designated as the 'ProDes software' has been developed and verified. from given system design criteria and constraints, it has the capabilities to design, analysis, simulation and drawing process to greatly reduce the over 'design cycle time' and manpower of a project. The conception of the program is modular, and calculations are performed step by step allowing parametric design studies and providing final selected design goal. Each configurations of SRM components and joint types composed of various master models is obtained from the data base module of the library. Between the design results of the ProDes software and those of the previous detail design of the established motor showed good agreements.

• The Journal of Fisheries Business Administration
• /
• v.33 no.1
• /
• pp.69-85
• /
• 2002

Reduction of fishing grounds, which was caused by the recent fisheries agreements between Korea, Japan, and China, Is Increasing the important of coastal fisheries. Korea's coastal fisheries, however, need special management measures owing to the following problems. First, there are too many fishing fleets even though fisheries resources are continuously decreasing. Despite the fact that some of the fishing vessels have been scrapped, there still remain too many vessels and especially approximately 27,000 vessels increased during 1997-1998. Second, as the condition of fisheries resources changed radically, many fishermen are fishing by methods which they were not permitted to. These fishing methods cannot be legally supported and so there is a huge gap between the system and the reality, Third, two or three licenses are given to each coastal fishing vessel because a single license cannot give sufficient income, but some of these are formally acquired. So under such circumstances, efficient management of fisheries is impossible. Fourth, absence of demarcation among regions and industries is causing frequent conflicts and there are concerns about the decreasing fisheries resources due to competitive fishing practices. Therefore, considering the above mentioned problems Korea's coastal fisheries management should be developed as the following: First, new licenses should be limited while expanding the buy-back program. The government is currently planning to limit new licenses by introducing the fixed license number system in coastal fisheries but is somewhat passive about the buy-back program. Second, fisheries management which is based on self-regulation should be established. In order to increase the effect of fisheries management, the fishermen should decide by themselves the fish and fishing methods they would be exploiting and directly regulate them. Third, it is necessary to integrate the licenses of coastal fisheries. Since coastal fisheries management through the license system has distinct limitations, it is preferable to unify risking licenses and let the fishermen decide specific matters on their own. Finally, it is necessary to establish boundaries among the regions and industries. Joint fishing areas among regions(cities and provinces) should be established and fishing in other areas should be permitted on condition of paying the required fees. On the other hand, it is also necessary to permit coastal fishing only within certain distances.

• Convergence Security Journal
• /
• v.15 no.5
• /
• pp.61-70
• /
• 2015

North Korea invaded South Korea on June 25, 1950 and the armistice agreement was reached on July 27, 1953. After that, there have been about 5,000 provocations large and small. In particular, North Korea attacked a naval vessel called "Cheonanham" on March 26, 2010. After the attack, Korean government announced the sanctions against North Korea, so called "May 24 sanctions". North Korea bombarded Yeonpyeong provocation on November 23, 2010 and they planted wood box mines in the DMZ on August 4, 2015. The explosion of them resulted in injuring two Korean soldiers. In response to this accident, Korean government resumed loudspeaker broadcasting against North Korea in 11 years which had developed as the psychological warfare. After this, North Korea declared "being a state of war" and intensified tension. Suddenly North Korea suggested talks and two countries reached an agreement through inter-Korean high-level contacts. But we should review whether the agreement was reached with ease and in haste. This paper focuses on the North Korea's negotiating tactics and suggests our corresponding directions for the future.