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姜秉根 건국대학교 1989 學術誌 Vol.33 No.2
This study is concerned with the practical application of modular coordination (MC) for buildings in order to supply low-cost and high quality buildings on a massive scale by improving the quality of materials and reducing construction cost and to rationalize building industry by modernizing design, production, construction and management. Specifically, this study analyses the effect expected with the application of MC, suggests a5-stage project for the practical application of MC on the basis of the analysis of existing problems in the application of MC, and proposes the establishment of a new organization for research and coordination for MC.
강병근 한국중재학회 2017 중재연구 Vol.27 No.2
On 9 March 2017, a Tribunal constituted under the ICSID Convention issued its ruling in the case of Ansung Housing v. People's Republic of China, dismissing with prejudice all claims made by the Claimant, Ansung Housing Co., Ltd., in its Request for Arbitration, pursuant to ICSID Arbitration Rule 41(5). Ansung Housing v. PRC has drawn attention since it is the first case where an investor with Korean nationality initiated an ICSID arbitration on the basis of the Korea-China Bilateral Investment Treaty (BIT) as amended in 2007 between the Republic of Korea and the People's Republic of China. The Tribunal finds that its ruling is about a lack of jurisdiction of the ICSID and of its own competence as well as regarding manifest lack of legal merit due to a lack of temporal jurisdiction, since a Respondent’s Rule 41(5) objection is concerned with the three-year limitation period in Article 9(7) of the Korea-China BIT. The Tribunal held that, under Article 9(7) of the Korea-China BIT, the limitation period begins with an investor’s first knowledge of the fact that it has incurred loss or damage, not with the date on which it gains knowledge of the quantum of that loss or damage. Finally, the Tribunal held that Ansung submitted its dispute to ICSID and made its claim for purposes of Article 9(3) and (7) of the BIT after more than three years had elapsed from the date on which Ansung first acquired knowledge of loss or damage and that the claim is time-barred and, as such, is manifestly without legal merit. It remains to be seen whether the aggrieved Claimant initiates annulment proceedings before an ad hoc committee under the ICSID Convention. It is quite interesting to see whether the decisions by the Tribunal should be reversed on the basis of the Claimant’s arguments as to the start date as well as the end date of the limitation period under the Korea-China BIT. 안성주택과 중국의 ICSID 중재사건에서 2017년 3월 9일 내려진 중재판정은 2007년 개정된 한중 투자보장협정을 근거로 한 첫 번째 ICSID 중재판정이다. 이 사건에서 중재판정부는 신청인의 중재청구가 한중 투자보장협정 제9조 제7항에 의하여 3년의 제척기간을 경과했기에 본안사항에 대하여 판단할 권한이 없다고 판정하였다. ICSID 협약에 따른 중재판정 취소절차가 개시된다면 제척기간의 시기와 종기에 대한 중재판정부의 판단에 대해서 다툼이 있을 것이다.