• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• The Journal of the Korea Contents Association
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• v.18 no.7
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• pp.388-400
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• 2018

Small houses are continuously supplied after the alleviated housing act enacted in 2009. This study aimed to conduct a survey among an expert group associated with small house construction, propose problems by discovering difficulties and vulnerable points small and medium-sized construction companies experience while launching construction works as well as factors that impede the safety and housing environment of small houses. Furthermore, it ultimately intends to propose improvements. First, low-priced order is a major cause of unreasonable contract. Most companies were found to have low-priced orders in order to manage order performance. Low bidding and low-priced order are implemented to maintain construction businesses, ultimately threatening the safety environment of buildings. In addition, it is assumed that moderate bid periods and construction periods should be guaranteed. Second, work standardization for small and medium-sized companies is needed due to numerous cases that failed to meet order process. Additionally, regular instruction is required as many employees are not fully aware of relevant contents. Third, the most urgent policy direction turned out avoidance of low-priced bidding and removing insolvent enterprises from the market. Small and medium-sized construction companies that primarily build small houses undergo poor work condition. Therefore, the safety environment of small houses should be enhanced through work standardization and avoiding low-priced order.

• Korean Security Journal
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• no.49
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• pp.67-93
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• 2016

This study aims to analyze protocol & security systems of international conferences such as 2010 Seoul G20 Summit, 2012 Seoul Nuclear Security Summit and to propose Improvement strategies. The results derived from this study are as follows. First, it is necessary to support the establishment of international conference laws. We should select a major agency for 'International Conference Industry Promotion Act', coordinate of the system of international conference laws, resolve potential conflicts, maintain consistent on support organization of international conferences. Second, it is necessary to coordination among different ministries that control security relevant laws. We should solve clashes possibility between a few laws on security system which is closely related to protocol & security of international conference. Third, it is necessary to produce a joint protocol handbook of government for establishing protocol & security system of international conferences. We should try to confirm protocol & security system of international conferences through publishing a joint protocol handbook of government from their own protocol handbook of the executive, the legislature, etc. Forth, it is necessary to build and strengthen expertise of PCOs(professional convention organizers). We should find and assist several PCOs for achieving government policy that develop industrial foundation on international convention and train human resources on international convention expected next generation of promising industries.

• Korean Security Journal
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• no.59
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• pp.217-242
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• 2019

Nowadays, Terrorism has become bloodier. Unlike the past, the recent terrorism has been indiscriminate in the purpose of mass- killing. Given this aspect, the threat of a CBRN attack is the biggest one to modern society. Notably, the possibility of terrorist attacks in Korea by international terrorist groups such as ISIL is higher than ever in consideration of its allusion; crusades and the devil's allied forces. To overcome these circumstances, various measures have been taken for counter terrorism at the state level including anti-terrorist legislation. Under the anti-terrorist act, police have to lead relevant inter agencies when it comes to the CBRN terror. At first glance, current countermeasures would work well. However, in order to respond quickly, the standing cooperations system of related departments need to be set up. In this sense, this article proposed a coagulatory body that could not only consider institutional-oriented organizational restructuring and response but also integrate and operate functions of various specialized institutions. It also stressed that the council should move toward a consultative body of information gathering, distribution and working- level consultation. With this cooperation system, counter-terrorism agencies can respond rapidly, stop wasting their effort and assets by about 30%. Also, they could design the atypical aspect of terrorism into standardized.

• Informatization Policy
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• v.22 no.3
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• pp.47-60
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• 2015

This study observes the fact that there exist restrictions due to the election-law-based regulations on web campaigns in Korea although web campaigns are widely spreading around the globe, and aims to analyze this aspect from the political context. As a result of the research, first, this study found out that Article 93, Clause 1 of the makes it possible to do permanent web campaigns on the strength of the Constitutional Court's decision of limited unconstitutionality, whereas Article 59 and 254 of the same Law(Election Campaign Offence) differ from the above Article 93, Clause 1; thus, it is necessary to revise the relevant law. Second, as for the request for taking measures for the depletion of ISP, etc., it is necessary to reform the provisions of the and together. These provisions are excessive regulations of the on ISP, also having the possibility of dual punishment. Third, there is also the need to amend Clause 6 of Article 82 (Real Name Confirmation of the Message Board, and chat room of Internet Media) of the from a long term perspective. It is because this Clause also has much room for restrictions of the freedom of expression in the long term despite the Constitutional Court's decision of its constitutionality in July, 2015. Lastly, this study is to reinterpret why it is difficult to revise the from the two sorts of political contexts and to propose the ' Reform Multiple Governance' as the revision method for web campaign revitalization.

• Journal of Digital Convergence
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• v.11 no.4
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• pp.77-90
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• 2013

This study is to seek measures for streamlining the evaluation system by analyzing the examples of advanced countries. This study was conducted, based on the relevant government policy documents and previous research papers, in the manner of comparing and analyzing the issues and cases regarding the government evaluation system of public-funded R&D programs in selected countries. In Korea, a national R&D performance evaluation system was introduced by law in 2006. In United States, Obama government has enhanced government performance management by signed into law the GPRA Modernezation Act of 2010. The Japanese Government issued a newly revised Guideline on National R&D Evaluation in late 2012. European Union has also been constantly updating its evaluation system for Framework Programmes(FPs) begun since 1984. This study gets some insights from the recent development of R&D evaluation in the other countries. It is important for the government R&D evaluation system to be in line with national S&T policy and agency's mission. In micro views, specific evaluation approaches and methods by types of various R&D programs should be more illustratively developed. Additionally it is suggested to monitor recent trends and techniques on R&D evaluation by participating in activities to communicate and share their knowledge and experiences in international evaluation research networks.

• Journal of the Korean Society of Food Science and Nutrition
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• v.40 no.7
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• pp.1053-1062
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• 2011

Reactive oxygen species (ROS), including singlet oxygen (${O_2}^1$), superoxide anion radical ($O_2{\cdot}^-$), hydroxyl radical ($HO{\cdot}$), peroxyl radical ($ROO{\cdot}$), hydrogen peroxide ($H_2O_2$), and hypochlorous (HOCl), are generated as byproducts of normal cellular metabolism. ROS induce damage to many biological molecules, such as lipids, proteins, carbohydrates, and DNA. It is widely believed that some degenerative diseases caused by ROS can be prevented by the high intake of fruits and vegetables due to their antioxidant activities. Recently, research on natural antioxidants has become increasingly active in various fields. Several assays have been developed to measure the total antioxidant capacity of antioxidants in fruits and vegetables in vitro. These assays include those for DPPH radical scavenging activity, SOD-like activity, total polyphenol content, oxygen radical absorbance capacity, reducing power, trolox equivalent antioxidant capacity (ABTS assay), single-cell gel electrophoresis (comet assay), and a cellular antioxidant activity assay. Because different antioxidant compounds may act through different mechanisms in vitro, no single assay can fully evaluate the total antioxidant capacity of foods. Due to the complexity of the composition of foods, it is important to be able to measure antioxidant activity using biologically relevant assays. In this review, recently used assays were selected for extended discussion, including a comparison of the advantages and disadvantages of each assay and their application to fruits and vegetables.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.20 no.1
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• pp.1-9
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• 2010

Objectives : The purposes of this study were to evaluate exhaust ventilation systems(EVSs) and to suggest problems and improvements. Methods : For 50 small and medium-sized enterprises, we carried out evaluation of EVSs. We evaluated hoods with smoke tester and measurement of capture velocity. In addition, we used several indicators for performance evaluation designed in this study. Results : 1. Based on the smoke flow pattern and the criteria of occupational health and safety act, 67.8% of hoods were rated 'good' level at smoke test whereas 26.3% were rated 'good' level at measurement of capture velocity. 2. 29.3% of hoods, of which ratio of measured actual air flow at hood(Qah) to required ideal exhaust air flow at hood(Qih) was 1 or more, were rated 'good' level. 3. The % of EVS, of which ratio of measured actual air flow at stack(Qast) to total required ideal exhaust air flow at hood(Qith) was 1 or more, was 29.0%. 4. For the ratio of measured Qast to existing air flow at fan(Qfan), only 5% of EVSs were 1 or more and 26.0% were 0.8 or more but less than 1.0. 5. For the ratio of measured Qast to total measured actual exhaust air flow at hood(Qath), 74.0% were 0.8 or more but less than 1.0. 6. The percentage of EVS, of which ratio of total measured Qath to existing Qfan was 0.8 or more, was 19.0%. 7. The percentage of EVS, of which ratio of total measured Qath to total required ideal exhaust Qith was 1 or more, was 26.0%. 8. For the comprehensive evaluation indicators designed in this study, 29.0% were 0.8 or more. Conclusions : We found that few exhaust local ventilations at small and medium-sized enterprises were rated 'good' level and that most exhaust local ventilations had 'poor' design and installation. Therefore, relevant professional manpower and enterprises have to construct exhaust local ventilation where it is needed, and technical guidance and economic support are needed to improve 'poor' exhaust local ventilation after self-evaluation.

• Journal of Contemporary Eastern Asia
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• v.15 no.1
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• pp.41-63
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• 2016

Energy policy is known to have higher path dependency among policy fields (Kuper and van Soest, 2003; OECD, 2012; Kikkawa, 2013) and is a critical component of the infrastructure development undertaken in the early stages of nation building. Actor roles, such as those played by interest groups, are firmly formed, making it unlikely that institutional change can be implemented. In resource-challenged Japan, energy policy is an especially critical policy area for the Japanese government. In comparing energy policy making in Japan and Germany, Japan’s policy community is relatively firm (Hartwig et al., 2015), and it is improbable that institutional change can occur. The Japanese government’s approach to energy policy has shifted incrementally in the past half century, with the most recent being the 2012 implementation of the “Feed-In Tariff Law” (Act on Special Measures Concerning Procurement of Renewable Electric Energy by Operators of Electric Utilities), which encourages new investment in renewable electricity generation and promotes the use of renewable energy. Yet, who were the actors involved and the factors that influenced the establishment of this new law? This study attempts to assess the factors associated with implementing the law as well as the roles of the relevant major actors. In answering this question, we focus on identifying the policy networks among government, political parties, and interest groups, which suggests that success in persuading key economic groups could be a factor in promoting the law. Our data is based on the “Global Environmental Policy Network Survey 2012-2013 (GEPON2)” which was conducted immediately after the March 11, 2011 Great East Japan Earthquake with respondents including political parties, the government, interest groups, and civil society organizations. Our results suggest that the Feed in Tariff (FIT) Law’s network structure is similar to the information network and support network, and that the actors at the center of the network support the FIT Law. The strength of our research lays in our focus on political networks and their contributing mechanism to the law’s implementation through analysis of the political process. From an academic perspective, identifying the key actors and factors may be significant in explaining institutional change in policy areas with high path dependency. Close examination of this issue also has implications for a society that can promote renewable and sustainable energy resources.

• Korean Journal of Environmental Biology
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• v.21 no.2
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• pp.87-100
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• 2003

It is important to understand the potential human health implications of exposure to environmental chemicals that may act as hormonally active agents. It is necessary to have an understanding of how pharmaceutical and personal care products and other chemicals affect the ecosystem of our planet as well as human health. Endocrine disruption is defined as the ability of a chemical contaminating the workplace or the environment to interfere with homeostasis, development, reproduction, and/or behavior in a living organism or it's offspring. Certain classes of environmentally persistent chemicals such as polychlorinated biphenyls (PCBs), dioxins, furans, and some pesticides can adversely effect the endocrine systems of aquatic life and terrestrial wildlife. Research continues to support the theory of endocrine disruption. However, endocrine disruption researches have been applied to proteomics poorly. Proteomics can be defined as the systematic analysis of proteins for their identity, quantity and function. It could increase the predictability of early drug development and identify non-invasive biomarkers of tonicity or efficacy. Proteome analysis is most commonly accomplished by the combination of two-dimensional gel electrophoresis (2D/E) and MALDI-TOF mass spectrometry (MS) sr protein chip array and SELDI-TOF MS. Proteomics have an opportunity to play an important role in resolving the question of what role endocrine disruptors play in initiating human disease. Proteomics can also play an imfortant role in the evaluation of the risk assessment and use of risk management and risk communication tools required to address public health concerns related to notions of endocrine disruptors. Understanding the need for the proteomics and possessing knowledge of the developing biomakers used to abbess endocrine activity potential will he essential components relevant to the topic of endocrine disruptors.