• KSCE Journal of Civil and Environmental Engineering Research
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• v.30 no.2D
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• pp.127-134
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• 2010

Tunnel sections on the highway are different from rest of sections on the highway in terms of velocity, the number of passing cars, and vehicle density which, in particular, affect drivers' behavior before and after drivers pass through the tunnel. However, literature review reveals that former studies are too focused on quantitative indicator to consider qualitative aspects. Therefore, this paper conducts survey questionnaire and IPA (Importance Performance Analysis) to find out qualitative improvements on velocity drop on the tunnel sections. The results show as follows: First, drivers require improvements of tunnel form (length and curved form inside tunnel) which is derived from long distance tunnel. Second, experts primarily ask for amendment of geometric characteristics. With comparison of requirements of both drivers and experts, there are many differences in length of tunnel and form of curved tunnel. This also presents that drivers don't satisfy with both length of tunnel and form of curved tunnel that are provided as a part of highway design factors.

• Korean Journal of Soil Science and Fertilizer
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• v.44 no.6
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• pp.1063-1070
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• 2011

In this study, total of 5 different chemical amendments were evaluated for determining kinetic parameters and stabilization efficiency of heavy metals in aqueous phase. Standard solution of Cd and Pb ($100mg\;L^{-1}$) was mixed with various ratio of amendments (1, 3, 5, 10%) and heavy metal stabilization efficiency was monitored for 24hrs. All examined amendments showed over 90% of removal efficiency for both Cd and Pb except zerovalent iron (ZVI) for Cd (43-63%). Based on result of heavy metal stabilization efficiency, it was ordered as $CaCO_3$ > Dolomite > Zeolite > Steel slag > ZVI for both Cd and Pb in aqueous phase. For kinetic study, first order kinetic model was adapted to calculate kinetic parameters. In terms of reaction rate constants (k), zeolite showed the fastest reaction rate (k value from 0.4882 for 1% to 2.0105 for 10%) for Cd and ZVI (k value from 0.2304 for 1% to 0.5575 for 10%) for Pb. Considering reaction rate constant and half life for heavy metal stabilization, it was ordered as Zeolite > $CaCO_3$ > Dolomite > Steel slag > ZVI for Cd and $CaCO_3$ > Dolomite > Steel slag > Zeolite > ZVI for Pb. Overall result in this study can be interpreted that lime containing materials are more beneficial to remove heavy metals with high efficiency and less time consuming than absorbent materials.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.3-30
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• 2007

The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") done in New York on June 10, 1958 has been adhered to by more than 140 States at the time of this writing, including almost all important trading nations from the Capitalist and Socialist World as well as many developing countries. The Convention can be considered as the most important Convention in the field of arbitration and as the cornerstone of current international commercial arbitration. Korea has acceded to the New York Convention since 1973. When acceding to the Convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provisions relating to the enforcement of arbitral awards falling under the New York Convention begin at Article III. The Article III contains the general obligation for the Contracting States to recognize Convention awards as binding and to enforce them in accordance with their rules of procedure. The Convention requires a minimum of conditions to be fulfilled by the party seeking enforcement. According to Article IV(1), that party has only to supply (1) the duly authenticated original award or a duly certified copy thereof, and (2) the original arbitration agreement or a duly certified copy thereof. In fulfilling these conditions, the party seeking enforcement produces prima facie evidence entitling it to obtain enforcement of the award. It is then up to the other party to prove that enforcement should not be granted on the basis of the grounds for refusal of enforcement enumerated in the subsequent Article V(1). Grounds for refusal of enforcement are stipulated in Article V is divided into two parts. Firstly, listed in the first Para. of Article V are the grounds for refusal of enforcement which are to be asserted and proven by the respondent. Secondly, listed in Para. 2 of Article V, are the grounds on which a court may refuse enforcement on its own motion. These grounds are non-arbitrability of the subject matter and violation of the public policy of the enforcement country. The three main features of the grounds for refusal of enforcement of an award under Article V, which are almost unanimously affirmed by the courts, are the following. Firstly, The grounds for refusal of enforcement mentioned in Article V are exhaustive. No other grounds can be invoked. Secondly, and this feature follows from the first one, the court before which enforcement of the award is sought may not review the merits of the award because a mistake in fact or law by the arbitrators is not included in the list of grounds for refusal of enforcement set forth in Article V. Thirdly, the party against whom enforcement is sought has the burden of proving the existence of one or more of the grounds for refusal of enforcement. The grounds for refusal of enforcement by a court on its own motion, listed in the second Para. of Article V, are non-arbitrability of the subject matter and public policy of the enforcement country. From the court decisions reported so far at home and abroad, it appears that courts accept a violation of public policy in extreme cases only, and frequently justify their decision by distinguishing between domestic and international public policy. The Dec. 31, 1999 amendment to the Arbitration Act of Korea admits the basis for enforcement of foreign arbitral awards rendered under the New York Convention. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of the award.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.37-80
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• 2022

By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.5
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• pp.119-126
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• 2011

The standard unit manpower and material in landscape architectural construction was consist of a standard and universal work classification. However, these constructional methods have created a number of problems in utilizing and responding on a variety of recently-developed working methods such as new constructional skills and technologies. This research decided that presenting the amendments of work classification of a standard unit manpower and material in landscape architectural construction was very important, and investigated those work classifications which required these new amendments. First of all, assessment items were selected through the literature reviews and a preliminary survey. Then, these assessment items were surveyed to the total of 60 professional landscape architecture field. The results of this study were as follows; First, the utilization level of the a standard unit manpower and material in landscape architectural construction was highest in the area of work classification of planting unit manpower and material. Second, the work classifications that needed to be added were recognized as leveling the ground construction, landscape structure construction, paving construction, water facilities construction, and outdoor facilities construction. Third, in the field of the a standard unit manpower and material in landscape architectural construction, 66.7% of the respondents replied that some amendments were necessary, and those amendments needed work classifications were identified as work classification of planting unit manpower and material was gigantic plant, topiary tree, temporary planting, exchange dead tree, etc. In the area of digging out was gigantic plant and plastic tree were recognized. The survey respondents also answered that, in keeping and management work classifications some amendments in pruning waste were necessary, and in the fields of rubble masonry work classifications some improvements were required in rubble aperture planting unit manpower and material and sodding and herbaceous sowing was a realistic lawn size unit manpower and material was needed. Based on the results explained above, this study suggests that amendments for a standard unit manpower and material in landscape architectural construction are necessary, especially in the areas of planting size and quality of work classifications unit manpower and material and in the unit manpower and material that affects the quality of lands caping constructions.

• International Commerce and Information Review
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• v.16 no.4
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• pp.191-225
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• 2014

Most of all, this paper analyzes the current situation of EU(European Union) and ascertain EU's economic condition in terms of tariff lines and non-tariff barriers. and the purpose of this article is to find out the problems of EU's tariff lines and non-tariff barriers. Next, We suggest some future direction of export promotion from Korea to EU more largely for our companies. First, this paper describes the characteristics and outline of EU. The EU is a politico-economic union of 28 member states that are primarily located in Europe. The EU traces its origins from the European Coal and Steel Community(ECSC) and the European Economic Community(EEC), formed by the Inner Six countries in 1951 and 1958, respectively. After that, The Maastricht Treaty established the European Union under its current name in 1993. The latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. There are a combined population of over 500 million inhabitants and generated a nominal gross domestic product(GDP) of 16.692 trillion US dollars in EU. The results are as follows ; First of all, In terms of tariff lines and customs duties, Our companies have to know precisely EU's real tariff lines and other customs duties, and such as value added tax and exercise tax, corporate tax regulated by EU commission and EU's 28 members. second, our companies have to confirm EU's non-tariff barriers. such as RoHS, WEEE, REACH. These non-tariff barriers could be hindrances or obstacles to trade with foreign companies in other countries. We perceive all companies exporting to EU are related with these Technical Barriers to Trade irrespective of their nationality. So, Our companies fulfill the requirements of EU Commission concerning safety, health, environment etc. Also, Our companies choose market-driven strategy to export more largely than before in the field of marketing and logistics.

• Korean Journal of Environmental Agriculture
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• v.16 no.4
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• pp.295-303
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• 1997

To investigate the transformation characteristics of nitrogen and carbon from cow manure compost amended in soil under different moisture conditions, dynamics of nitrogen and carbon were determined periodically for 15 weeks of aerobic incubation at room temperature during July${\sim}$November, 1996. Cow manure compost matured with mixing saw dust was amended with the 4 ratios (0, 2, 4, 6%(wt/wt)) in Ap horizon soil, which collected from green house in Yesan, Chungnam. Moisture was controlled with 0.2, 0.3, 0.4, and 0.5 of mass water conte nt (${\theta}$m) to air dried soil, and water loss was compensated at every sampling. During incubation, soil pH was decreased continuously, that was caused by hydrogen generated from nitrification of ammonium nitrogen. And pH became higher with inclining cow manure compost amendment and water treatment, that meaned the increase of mineralization of organic-N to $NH_4\;^+-N$. Total nitrogen was reduced with increasing water content, but total carbon showed the contrast tendency with that of nitrogen. Therefore, C/N ratio slightly decreased in the low water condition (${\theta}$m 0.2) during incubation, but increased continuously in high water condition over ${\theta}$m 0.4. As a result, it was assumed that soil fertility is able to be reduced in the high water content over available water content. Nitrate transformation rate increased lasting in the low water content less than ${\theta}$m 0.3. Itdropped significantly in the first $2{\sim}3$ weeks of incubation over ${\theta}$m 0.4. In particular, nitrate was not detected in ${\theta}$m 0.5 of water content after the first $2{\sim}3$ weeks. In contrast, ammonium transformation was inclined with increasing water treatment. Nitrogen mineralization rate, which calculated with percentage ratio of (the sum of ex.$NH_4\;^+-N$ and $NO_3\;^--N$)/total nitrogen, was continuously increased in the low water content of ${\theta}$m 0.2 and 0.3. But it saw the different patterns in high water content over ${\theta}$m 0.4 that was drastically declined in the initial stage and then gradually inclined . From the above results, nitrogen transformation patterns differentiated decisively in water content between ${\theta}$m 0.3 and 0.4 in soil. Thus, it is very important for the maintain of suitable soil water content to enhance fertility of soil amended with manure compost. However, excess treatment of manure compost might enhance the possibility of contamination of small watershed and ground water around agricultural area.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.167-184
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• 2008

The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.