• Title/Summary/Keyword: system of reforms

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Practical Suggestions for Improving Consistency of ICSID Arbitral Awards (ICSID 중재판정의 일관성 제고를 위한 실무적 제언)

  • Kim, Yong Il;Hwang, Ji Hyeon
    • Journal of Arbitration Studies
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    • v.34 no.2
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    • pp.27-44
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    • 2024
  • The lack of consistency and predictability of arbitral awards in the Investor-State Dispute Settlement ("ISDS") mechanism has long been a subject of criticism. In international investment disputes, arbitral tribunals have frequently come up with different interpretations and results on similar investment agreement provisions. The arbitral tribunal's inconsistent decisions raised concerns not only among the parties to the investment dispute but also amongthe arbitral tribunals in other cases, which ultimately led to legal inconsistencies in international investment law. Arbitration awards may have some degree of disagreement in interpretation. However, the systemic inconsistencies that pervade ISDS risk undermining the purpose of the investment agreement system, which is to provide a predictable and stable framework to protect andpromote foreign investment while maintaining a balance with host state regulations. Therefore, this study proposes a plan to resolve this discrepancy and review standards for practical application. Reform of the ISDS mechanism could be a viable option to reduce, to some extent, the inconsistencies in interpretation, if not completely eliminate them. Reforms such as establishingguidelines, promoting cooperation between arbitral tribunals, and codifying the norms of the agreement can provide a means of reducing interpretive inconsistencies and strengthening the legitimacy of the ISDS mechanism. Reforming the ISDS mechanism will require all stakeholders to carefully consider the issues and the scope, nature, and feasibility of eachpotential reform.

The Development Object by the Establishment of New Index of Marine and Fisheries Education in 21st Century (21 세기 수·해양교육의 새로운 지표(指標) 설정에 의한 발전방향)

  • Lee, Kil-Rae
    • Journal of Fisheries and Marine Sciences Education
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    • v.12 no.2
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    • pp.123-141
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    • 2000
  • Facing to millenium, The new development of maritime and Fisheries education schemes will be cultivated in order to challenge global maritime nations as the new target of marine education which was established new index and problems of maritime education in place. First, The index of Marine and Fisheries education of 21st century was aimed at the spirits of expansion of territories of the era of ambassador of Jang Bo Go Sylla dynasty where marine trade had been prevailed between sylla and china leading to the spirits of marine pioneer in the northeastern Asian regions. and we must maintain the great desire and frontier spirities toward the marine industry also, adjust to the development and frontier spirits. Secondly, In order to cultivate the prominent man power for the marine industry, the government shall be specialized for the agency of marine education system, expand the educational installation, reforms the content of curriculum, to be adjust the global education system, also, enlarge the scholarship for the student, exemption tuition fees, installed the dormitory for the student, professors and teachers engaging in this parts have to lead the students with the pride and confidence and must provided the chance of job after he had completed for their on boarding life. Thirdly, for the secure responsible officer, the authorities has a schedules for enlarging the chance of studying and training also have to accumulate the practical experience and should enforce the retraining to the prof's and teachers also improve the leaders quality, on the other hand. The position of prof's and teachers will be elevated with the gaining of education philosophy and special treatment by the authorities. Fourth, to receive the positively marine industry educational system. First of all, have to provide the cooperation of industries and academy and they satisfy their job and change the their way of thinking and should notify the importance of government strategical industry by the mass-media system. Against the new marine era, we must participate the marine industry positively, have to elevate the culture of mankind and also, have provide the basement of prominent man-power for the marine industry in future.

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Corporate Governance and Capital Structure Decisions: Evidence from Chinese Listed Companies

  • VIJAYAKUMARAN, Sunitha;VIJAYAKUMARAN, Ratnam
    • The Journal of Asian Finance, Economics and Business
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    • v.6 no.3
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    • pp.67-79
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    • 2019
  • This study examines the impact of corporate governance on capital structure decisions based on a large panel of Chinese listed firms. Using the system Generalized Method of Moments (GMM) estimator to control for unobserved heterogeneity, endogeneity, and persistency in capital structure decisions, we document that the ownership structure plays a significant role in determining leverage ratios. More specially, we find that managerial ownership has a positive and significant impact on firms' leverage, consistent with the incentive alignment hypothesis. We also find that managerial ownership only affects the leverage decisions of private firms in the post-2005 split share reform period. State ownership negatively influence leverage decisions implying that SOEs may face fewer restrictions in equity issuance and may receive favourable treatments when applying for seasoned equity ¿nancing, thus use less debt. Furthermore, our results show that while foreign ownership negatively influences leverage decisions, legal person shareholding positively influences firms' leverage decisions only for state controlled firms. We also find that the board structure variables (board size and the proportion of independent directors) do not influence firms' capital structure decisions. Our findings suggest that recent ownership reforms have been successful in terms of providing incentive to managers through managerial shareholdings to take risky financial choices.

Design and Analysis of a Modular Unit for Reconfiguration of the Structure (구조물의 가변성을 위한 모듈형 유닛의 설계 및 해석)

  • Yu, In-Whan;Lee, Bo-Hee;Song, Hyun-Son
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.25 no.8
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    • pp.122-131
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    • 2011
  • In this paper, the design and analysis of a reconfigurable modular structure, which reforms itself according to the change of the environment and realize appropriate forms and motions, are dealt with. This modular is a free structure from the restrictions with constraints about fixed environment and has various forms and motions by combining units. The form of this unit has a shape of a square with 7 centimeters side each, and has a structure which can be combined in a chain-shape or a lattice-shape. Additionally, The structure has a mobility by being equipped with wheels so that it can be combined for itself. In this paper, all the wireless controllers, sensor system, and communicating method between modules according to module structures were suggested and transformation method to be transformed to shape of snakes, caterpillars were presented. Moreover, simulations for each method were performed to show the validity of the motions including motor torque analysis. All the motions suggested were realized and experimented, whereby the availability of the designed mechanism and algorithm was verified with the result of experiments.

A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
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    • no.6
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    • pp.1-46
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    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

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Policy Elites' Perception of Health Policy Governance: Findings from In-depth Interviews of Korean New Diagnosis Related Group Payment (정책 전문가의 인식을 통해 본 한국 보건의료정책 거버넌스: 신포괄수가제 사례에 관한 심층면접 결과)

  • Shon, Changwoo;Kwon, Soonman;You, Myoungsoon
    • Health Policy and Management
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    • v.23 no.4
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    • pp.326-342
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    • 2013
  • Background: Engaging and Involving stakeholders who have different interests in changing health care policies are difficult task. As the literature on the governance in Korean health care field is rare, this study aims to provide empirical evidence of 'governing health policy'-the ways health care policy is made, implemented, and evaluated from a political perspective. Methods: The authors of this study conducted interviews with elites in policy and clinical areas, which was considered to be the most effective approach to gather in-depth information about the background of changing payment policy as well as the barriers or contributors for making the policy sustainable. A total of 14 experts (3 government officials, 2 representatives from medical profession, 3 professors form academic field, and 6 healthcare providers from New DRG pilot program hospitals) participated in 2 hour long interviews. Results: There was a perception gap of the feasibility and substantiality of new payment system among elites. The score was higher in government officers than those in scholars or clinical experts. Next, the interviewees indicated that Korean New DRG might not sustain without significant efforts to improving democratic aspects of the governance. It is also notable that all interviewees except healthcare providers provided negative expectation of the contribution of new payment system to increase administration efficiency. For clinical efficiency, every stakeholders perceived there was no increased efficiency after introduction of New DRG payment. Like general perception, there was a wide gap between the perception of stakeholders in quality change after implementing the new payment system. Finally, interview participants negatively assumed about the likelihood of New DRG to remain a case of successful reforms. Conclusion: This study implied the importance of social consensus and the governance of health policy.

ICT-based Cooperative Model for Transparent and Sustainable Scholarly Publishing Ecosystem

  • Jung, Youngim;Seo, Tae-Sul
    • Journal of Contemporary Eastern Asia
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    • v.21 no.1
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    • pp.53-71
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    • 2022
  • The overall purposes of this study are to identify actions taken to counter predatory publishing practices as well as to propose an ICT-based model to detect such practices. The need to raise quantitative performance metrics to support career goals has created immense pressure on researchers to publish in the literature as frequently as possible. This "publish or perish" syndrome appears to be fueling a rise in scholarly journals and conferences that provide quicker and easier routes to publication. However, such avenues sometimes involve questionable academic practices with important ethical ramifications. One notable example is the proliferation of predatory publishing, including predatory journals and fake conferences. The widening impact of such activities is beginning to prompt academic societies, publishers, and institutions to take measures. This paper discusses the issues on predatory publishing practices, and some of the actions taken by various stakeholders to address these practices. In order to build a transparent and sustainable scholarly publishing ecosystem, this study highlights multi-dimensional and specific solutions, including reforms to research ethics codes, research management rules, and legal protection from exploitative practices. This paper proposes an ICT-based cooperative model for monitoring of predatory publishers as a potential solution to create a sustainable and transparent infrastructure for a scholarly publication system guarding against misconduct in publishing practices.

Utilizing Future Female Personnel in the South Korean Military

  • Myung-Sook Hong;Sang-Keun Cho;Eui-Chul Shin;In-Chan Kim;Jong-Hoon Kim;Sung-Hu Kang;Sang-Hyuk Park
    • International Journal of Advanced Culture Technology
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    • v.11 no.1
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    • pp.147-152
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    • 2023
  • The South Korean military has undergone four changes in operating methods since its inception with 31 nursing officers in August 1948. While it initially began as a special unit for nursing and other specialized services, it later expanded to include various fields including technology, administration, and special forces. However, analysis shows that there have been few significant changes in how it operates and remains largely centered around technology, administration, and special forces. With the development of advanced science and technology and a decrease in military resources, there is a need for the South Korean military to proactively expand its use of female personnel, as has been done by the US military, Canadian military, Israeli military with female conscription, and Norwegian military. In order to achieve this, there needs to be a cultural shift towards co-ed military units, improvements in facilities and equipment, adequate pay and benefits, and resolution of childcare issues through institutional reforms.

Speed Control of Induction Motor Using Self-Learning Fuzzy Controller (자기학습형 퍼지제어기를 이용한 유도전동기의 속도제어)

  • 박영민;김덕헌;김연충;김재문;원충연
    • The Transactions of the Korean Institute of Power Electronics
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    • v.3 no.3
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    • pp.173-183
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    • 1998
  • In this paper, an auto-tuning method for fuzzy controller's membership functions based on the neural network is presented. The neural network emulator offers the path which reforms the fuzzy controller's membership functions and fuzzy rule, and the reformed fuzzy controller uses for speed control of induction motor. Thus, in the case of motor parameter variation, the proposed method is superior to a conventional method in the respect of operation time and system performance. 32bit micro-processor DSP(TMS320C31) is used to achieve the high speed calculation of the space voltage vector PWM and to build the self-learning fuzzy control algorithm. Through computer simulation and experimental results, it is confirmed that the proposed method can provide more improved control performance than that PI controller and conventional fuzzy controller.

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The Economic Cooperation Potential of East Asia's RCEP Agreement

  • Armstrong, Shiro;Drysdale, Peter
    • East Asian Economic Review
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    • v.26 no.1
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    • pp.3-25
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    • 2022
  • East Asia's Regional Comprehensive Economic Partnership (RCEP) came into force in 2022 as the world's largest free trade agreement. RCEP was concluded, signed and brought into force in the face of major international uncertainty and is a significant boost to the global trading system. RCEP brings Australia, China, Japan, South Korea and New Zealand into the same agreement with the ten member ASEAN group at its centre. It keeps markets open and updates trade and investment rules in East Asia, a major centre of global economic activity, at a time of rising protectionism when the WTO itself is under threat. The agreement builds on ASEAN's free trade agreements and strengthens ASEAN centrality. One of the pillars of RCEP is an economic cooperation agenda which has its antecedents in ASEAN's approach to bringing along its least developed members and builds on the experience of capacity building in APEC and technical cooperation under the ASEAN Australia-New Zealand Free Trade Agreement. There is an opportunity to create a framework that facilitates deeper economic cooperation that involves experience-sharing, extending RCEP's rules and membership at the same time as strengthening political cooperation. The paper suggests some areas that might be best suited to cooperation - that is confidence and trust building instead of or before negotiation - and discusses how non-members may be engaged and the membership expanded. Options such as multilateralising provisions and becoming a platform for policy convergence and coordinating unilateral reforms are canvassed.