• International Commerce and Information Review
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• v.14 no.4
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• pp.409-431
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• 2012

This article deals with the nature of ISDS along with the admissibility thereof, for the settlement of investment disputes between states and nationals of other states. ICSID as an organization of World Bank Group, has been established in 1966 and as of May in 2011, 157 nations ratified its convention. As for the Republic of Korea(ROK) it has been involved in the problematic situation with regard to ISDS of the KORUS FTA in negotiation with the United States. The ruling Grand National Party is pushing the FTA for ratification including ISDS. However, the opposition party, the Unified Democratic Party rejected the ISDS with a view to a toxin infringing on its judiciary sovereignty. The ROK has invested in the US 3.5 times more than the US did in Korea up to now. As a result, it seems that the ROK is more concerned about ISDS than the US is, considering that exhausting local remedy through the US local courts, applying even a municipal ordinance in their decisions which will be unsatisfactory toward the ROK side. The ROK is now struggling with the ISDS as a political issue between the ruling party and the opposition party mostly based on sovereignty with a reference on AUSFTA which excluded the ISDS. Australian model about ISDS has been impacted by the experience from the NAFTA which allowes direct claims against each other(the US against Canada and Canada against the US). It seems not to be much sympathy for developed countries because it has long been held to standards for pressing on developing countries. Australia is also struggling with ISDS from the political point of view likewise the ROK. And the ISDS is destined to the political situations established within the domestic countries among the political parties in relation with the acceptance or rejection of thereof.

• Korean Journal of Agricultural Science
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• v.41 no.3
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• pp.193-203
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• 2014

Natural Monument is a designated cultural property as part of the country. According to Article 2 of the Cultural Properties Protection Act, a national, ethnic and global heritage artificially or naturally formed, with a great historical, artistic, scientific and landscape significance is defined as a cultural heritage. Animals, plants, topography, geology, minerals, caves, biological products and special natural phenomena, having a great of historic, scenic and scientific value, are defined as the monument. According to Article 3 of Cultural Properties Protection Act, the conservation, management and utilization of National Heritage should be kept intact in its original form. So, Natural monuments are managing as retained its original form under the Basic Principles of current law. The highest population of coniferous tree in natural monument plant is ginkgo tree including 22 objects, followed by pines, junipers that order. And in case of broadleaf tree, there are zelkova trees, retusa fringe trees, pagoda trees, cork oaks, silver magnolias and etc. There are many of reported efficacy in available natural monument plants. The efficacy of plant species on pharmaceutical like anti-cancer, anti-diabetic, anti-obesity, antioxidant activity, neuroprotective, improves cholesterol, anti-inflammatory, liver protection and anti-bacterial efficacy, on cosmetics and beauty like the inhibiting formation of skin wrinkles, whitening effect, variety of materials and the efficacy of the proposed utilization of its various papers and etc have been widely reported. Before the Nagoya Protocol enters into force, the future role of the National Research Institute for Cultural Properties Administration of Cultural Heritage should be obtain a legal right to manage the social, cultural and national natural monument with emotional value to the plant genetic resource as a natural monument efficient ways to study and preserve traditional knowledge biological resources by securing a claim to the sovereignty of the material will be ready.

• Strategy21
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• s.37
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• pp.5-31
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• 2015

The Republic of Korean Navy (ROKN) started from scratch. However, ROKN demonstrated its Blue Navy capabilities successfully to the entire world by conducting "Operation Early Dawn" at the Aden Bay, Yemen in Jan 2011. On the event of the 70th anniversary of the ROKN, I would like to retrospect past gleaning from voyages and challenges we had in the past. At the very inception of the ROKN, Korean government as well as senior military leaders recognized that it had no time to spare to clean up military those were insinuated deeply by communist agents. It was the top priority of the government. The Mongumpo Operation which was not well known, conducted by ROKN was one of the clean-up drive. The Korean War sometimes called as "a fire from land put-off at the sea". The world famous "Incheon Landing" which reversed war situation from the Nakdong Perimeter also done by Sea Power. ROKN conducted various maritime operations including not only Incheon Landing, but amphibious operation at Hungnam, mine sweeping, sea convoy, Wonsan Withdrawal. On the same day of the Korean War started, 25th June 1950, unless the victory of the ROKNS Baekdusan (PC 701) at the Korean Strait, the waning lamp light of Korea could not be rekindled by the participation of the U.N. The ROKN rescued the 17th regiment of Korean Army from the isolation at the Ongjin Peninsular and transported gold and silver bars stored at the Bank of Korea to the Navy supply deposit in Jinhae safely. ROKN special intelligence unit conducted critical HUMINT which led Incheon Landing success. One of important mission ROKN conducted successfully was not only transporting war fighting materials but also U.S. provided grains to starving Koreans. ROKN participated Vietnam campaign from 1960s and conducted numerous maritime transportation operations supplying materials to Vietnam military forces along the long coastal lines. Experienced Naval Officers and enlisted men who discharged and acquired as merchant marine certificate supported most of the U.S. sea lift operations throughout the Vietnam campaign. ROK-US Combined Forces which had been honed and improved its war fighting capabilities through the Korean War and out of Vietnam jungle playing key deterrent against threat from north Korea. However, those threat level will be completely different when north Korea finish its nuclear weapon ambition. In order to stand firm against north Korean nuclear threat, I would like to expect strong political leadership supporting nuclear submarine for ROKN.

• Parasites, Hosts and Diseases
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• v.59 no.1
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• pp.35-45
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• 2021

Adult echinostomes having 37 collar spines collected from the intestine of Pitalah ducks in Aceh Province, Indonesia in 2018 were morphologically and molecularly determined to be Echinostoma miyagawai Ishii, 1932 (Digenea: Echinostomatidae). Among 20 ducks examined, 7 (35.0%) were found to be infected with this echinostome, and the number of flukes collected was 48 in total with average 6.9 (1-17) worms per duck. The adult flukes were 7.2 (6.1-8.5) mm in length and 1.2 (1.0-1.4) mm in width (pre-ovarian or testicular level) and characterized by having a head collar armed with 37 collar spines (dorsal spines arranged in 2 alternating rows), including 5 end group spines, and variable morphology of the testes, irregularly or deeply lobed (3-5 lobes) at times with horizontal extension. The eggs within the worm uterus were 93 (79-105) ㎛ long and 62 (56-70) ㎛ wide. These morphological features were consistent with both E. miyagawai and Echinostoma robustum, for which synonymy to each other has been raised. Sequencing of 2 mitochondrial genes, cox1 and nad1, revealed high homology with E. miyagawai (98.6-100% for cox1 and 99.0-99.8% for nad1) and also with E. robustum (99.3-99.8% for nad1) deposited in GenBank. We accepted the synonymy between the 2 species and diagnosed our flukes as E. miyagawai (syn. E. robustum) with redescription of its morphology. Further studies are required to determine the biological characteristics of E. miyagawai in Aceh Province, Indonesia, including the intermediate host and larval stage information.

• Proceedings of the Korea Water Resources Association Conference
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• 2023.05a
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• pp.31-31
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• 2023

During December 2022, the northeast monsoon, which dominates the south and the Gulf of Thailand, had significant rainfall that impacted the lower southern region, causing flash floods, landslides, blustery winds, and the river exceeding its bank. The Golok River, located in Narathiwat, divides the border between Thailand and Malaysia was also affected by rainfall. In flood management, instruments for measuring precipitation and water level have become important for assessing and forecasting the trend of situations and areas of risk. However, such regions are international borders, so the installed measuring telemetry system cannot measure the rainfall and water level of the entire area. This study aims to predict 72 hours of water level and evaluate the situation as information to support the government in making water management decisions, publicizing them to relevant agencies, and warning citizens during crisis events. This research is applied to machine learning (ML) for water level prediction of the Golok River, Lan Tu Bridge area, Sungai Golok Subdistrict, Su-ngai Golok District, Narathiwat Province, which is one of the major monitored rivers. The eXtreme Gradient Boosting (XGBoost) algorithm, a tree-based ensemble machine learning algorithm, was exploited to predict hourly water levels through the R programming language. Model training and testing were carried out utilizing observed hourly rainfall from the STH010 station and hourly water level data from the X.119A station between 2020 and 2022 as main prediction inputs. Furthermore, this model applies hourly spatial rainfall forecasting data from Weather Research and Forecasting and Regional Ocean Model System models (WRF-ROMs) provided by Hydro-Informatics Institute (HII) as input, allowing the model to predict the hourly water level in the Golok River. The evaluation of the predicted performances using the statistical performance metrics, delivering an R-square of 0.96 can validate the results as robust forecasting outcomes. The result shows that the predicted water level at the X.119A telemetry station (Golok River) is in a steady decline, which relates to the input data of predicted 72-hour rainfall from WRF-ROMs having decreased. In short, the relationship between input and result can be used to evaluate flood situations. Here, the data is contributed to the Operational support to the Special Water Resources Management Operation Center in Southern Thailand for flood preparedness and response to make intelligent decisions on water management during crisis occurrences, as well as to be prepared and prevent loss and harm to citizens.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.91-120
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• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• Asia Marketing Journal
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• v.12 no.2
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• pp.111-133
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• 2010

Marketing financial services used to be easier. Today, the competition in financial services is fierce. Not only has the competition become more intense, financial services have also changed structurally. In an environment with various customer needs and severe competitions, the marketing in financial services industry is getting more difficult and more important than before. However, there are still not enough studies on financial services marketing in Korea whereas lots of research papers have been published frequently in some international journals. The purpose of this paper is (1)to review the literature on financial services marketing, (2)to investigate current marketing activities based on in-depth interview with financial marketing managers in Korea, and (3)to suggest some implications for future research on the financial services marketing. Financial products are not consumer products. In fact, they are not products at all in the way product marketing is usually described. Nor are they altogether like services. The financial industry operates in a unique way, and its marketing tasks are correspondingly complex. However, the literature review shows that there has been a lack of basic studies which dealt with inherent characteristics of financial services marketing compared to the research on marketing in other industries. Many studies in domestic marketing journals have so far focused only on the general customer behaviors and the special issues in some financial industries. However, for more effective financial services marketing, we have to answer following questions. Is there any difference between financial service marketing and consumer packaged goods marketing? What are the differences between the financial services marketing and other services marketing such as education and health services? Are there different ways of marketing among banks, securities firms, insurance firms, and credit card companies? In other words, we need more detailed research as well as basic studies about the financial services marketing. For example, we need concrete definitions of financial services marketing, bank marketing, securities firm marketing, and etc. It is also required to compare the characteristics of each marketing within the financial services industry. The products sold in each market have different characteristics such as duration and degree of risk-taking. It means that there are sub-categories in financial services marketing. We have to consider them in the future research on the financial services marketing. It is also necessary to study customer decision making process in the financial markets. There have been little research on how customers search and process information, compare alternatives, make final decision, and repeat their choices. Because financial services have some unique characteristics, we need different understandings in the customer behaviors compared to the behaviors in other service markets. And also considering the rapid growth in financial markets and upcoming severe competition between domestic and global financial companies, it is time to start more systematic and detailed research on financial services marketing in Korea. In the second part of this paper, I analyzed the results of in-depth interview with 20 marketing managers of financial services companies in Korea. As a result, I found that the role of marketing departments in Korean financial companies are mainly focused on the short-term activities such as sales support, promotion, and CRM data analysis although the size and history of marketing departments to some extent show a sign of maturity. Most companies established official marketing departments before 2001. Average number of employees in a marketing department is about 58. However, marketing managers in eight companies(40% of the sample) still think that the purpose of marketing is only to support and manage general sales activities. It shows that some companies have sales-oriented concept rather than marketing-oriented concept. I also found three key words which marketing managers think importantly in financial services markets. They are (1)Trust in customer relationship, (2)Brand differentiation, and (3)Rapid response to customer needs. 50% of the sample support that "Trust" is the most important key word in the financial services marketing. It is interesting that 80% of banks and securities companies think that "Trust" is the most important thing, whereas managers in credit card companies consider "Rapid response to customer needs" as the most important key word in their market. In addition, there are different problems recognition of marketing managers depending on the types of financial industries they belong to. For example, in the case of banks and insurance companies, marketing managers consider "a lack of communication with other departments" as the most serious problem. On the other hand, in the case of securities firms, "a lack of utilization of customer data" is the most serious problem. These results imply that there are different important factors for the customer satisfaction depending on the types of financial industries, and managers have to consider them when marketing financial products in more effective ways. For example, It will be necessary for marketing managers to study different important factors which affect customer satisfaction, repeat purchase, degree of risk-taking, and possibility of cross-selling according to the types of financial industries. I also suggested six hypothetical propositions for the future research.