홍수터 여과 모형을 이용한 하천수중의 유기물과 질소 제거

하현수,김상태,김승현,정병룡,이영득,엄진섭,지승환,정종배,Ha, Hyun-Soo,Kim, Sang-Tae,Kim, Seung-Hyun,Jeong, Byeong-Ryong,Lee, Young-Deuk,Eum, Jin-Sup,Ji, Seung-Hwan,Chung, Jong-Bae 한국응용생명화학회 2002 한국농화학회지 Vol.45 No.2

유기물과 질소 함량이 높은 하천수가 대하천에 유입되기전 소하천의 잡초가 자라는 홍수터에 살포하여 사질 토층을 수직 이동하는 동안 잡초의 근권에서 유기물의 분해와 함께 탈질에 의해 질소가 제거되도록 하는 홍수터 여과공법을 개발하였다. 직경 15cm, 길이 150cm의 PVC pipe에 실제 홍수터에서 채취한 사질의 토양을 충진하여 제작된 홍수터 모형에 하천수를 27.2, 40.8, $68.0\;ml/day/m_2$의 유량으로 연속적으로 살포하고 정상상태에 이른 후 토양 깊이별로 토양 용액을 채취하여 유기물과 $NO_3-N$을 비롯한 무기질소의 이동과 제거 현상을 조사하였고 토양 기체를 채취하여 $N_2$와 $N_20$의 발생 현상을 측정하였다. 포화상태에 가까운 수준으로 유량을 조절할 경우 하천수에 포함된 유기물만을 이용하더라도 매우 효과적인 탈질 환경이 5cm깊이 부근의 표층 토양에서부터 형성되었으며 유기물의 제거와 함께 질소도 효과적으로 제거할 수 있는 것으로 나타났다. 90cm깊이의 홍수터 토양을 통과하는 동안 평균적으로 COD는 18.7에서 5mg/l로 무기질소함량은 2.7에서 0.4mg/l로 정화되었다. 탈질 기체는 대부분 $N_2$ 형태로 발생되었으며 온실효과와 오존층 파괴를 유발하는 $N_2O$ 발생량은 매우 적었다. 표층 토양에 잡초의 근권이 형성되어 있는 실제 홍수터에 이와 같은 기법을 적용할 경우 모형 실험에서 나타난 결과보다 더욱 활발한 탈질 현상이 유발될 수 있을 것으로 판단된다. 이러한 홍수터 여과는 부지가 따로 필요하지 않으므로 시설 및 운영비가 경쟁기술에 비해 싸고, 화학약품 처리나 슬러지 발생이 없는 환경친화적인 하천수 처리방법이 될 것으로 기대되며, 하천수 외에도 도시하수나 산업폐수의 3차 처리에도 응용되어 하폐수의 재활용을 통한 수자원의 절약과 하천수량의 증대에도 기여할 수 있을 것이다. If contaminated river water is sprayed over the floodplain, organic matter and nitrogen would be removed by microbial processes in the rhizosphere of vegetation during the filtration through soil. In this study we tested the organic matter and nitrogen removal from contaminated river water by the floodplain filtration. Model system of floodplain was constructed using a PVC pipe (15 cm i.d. ${\times}$ 150 cm L) which was packed with a loamy sand soil collected from a floodplain in Nakdong river. The model system was instrumented with soil solution samplers and gas samplers. A river water collected from Omogcheon in Kyongsan was sprayed from top of the model system at three different rates. The concentration of organic matter, DO, $NO_3^-$, $NO_2^-$, $NH_4^+$, $N_2$ and $N_2O$, and redox potential were measured as a function of soil depth for 24 days after the system reached a steady state. When river water was sprayed at the rates of 40.8 and 68.0 $l/m^2/day$, a significant reductive condition for denitrification was developed at below 5-cm depth of the soil. When the water reached at 90-cm depth of the soil, COD and concentration of inorganic nitrogen were lowered, on an average, from 18.7 to 5 mg/l and from 2.7 to 0.4 mg/l, respectively. $N_2$ comprised most of the N gas evolved from denitrification and $N_2O$ concentrations emitted at the surface of soil were less than 1 {\mu}l/l. The effective removal of organic matter and nitrogen by the filtration in the model system of floodplain demonstrates that the native floodplains, which include rhizosphere of vegetation at the top soil, could be more effective in the treatment of contaminated river waters and other industrial waste waters containing high concentration of organic matter and nitrogen.

중국의 중재판정 국적결정기준에 관한 연구

하현수(Hyun-Soo Ha) 한국무역연구원 2014 무역연구 Vol.10 No.4

Most of countries including Korea adopt a principal criterion for determination of nationality in arbitral awards as a criterion for a place of arbitration. However, China regulates a determination criterion of nationality for arbitral awards in the Civil Procedure Act that the determination criterion of arbitral awards is based on the nationality of the arbitral institution not a place of arbitration. This study attempted to consider the necessity of nationality for the arbitral award and then contemplated the determination criteria of nationality which is generally acknowledged by each country and international agreement. Moreover, the study indicated how countries regulate the Chinese determination criteria of arbitral award by strategically classifying countries into Taiwan·Hongkong·Macao, for example. Cases in relation to nationality in arbitral award of Chinese court were analyzed and problems of the determination criteria of nationality for the arbitral award in China were identified. Suggestions were provided and precautions related to the determination criteria of nationality for Chinese arbitral award to companies were disclosed.

중국과 특별행정구 간 중재판정 상호 집행을 위한 협정에 관한 연구

하현수(Hyun-Soo Ha) 한국무역연구원 2015 무역연구 Vol.11 No.5

The Chinese government requires Hong Kong and Macao to maintain a different legal systems from China, such that judicial barriers are established among these regions in spite of the fact that there is just one country. Thus, the arbitral award by arbitral institutions in China, Hong Kong and Macao is not able to secure mandatory execution in the other region of the country. In order to settle problems related to the approval and execution of arbitral awards issued in the other region, China, Hong Kong and Macao concluded an agreement called ‘Arrangement’ which contains similar contents like the contents in other agreements between other countries. Under the Arrangement among China, Hong Kong and Macao, the legal system of each region can be enforced independently and the approval and execution of arbitral awards in the other region progresses more rapidly. The expansion of trade and investment of Korean companies into China, Hong Kong and Macao increases usages for the approval and execution of arbitral awards applying the Arrangement in these regions. However, there are some differences in several contents even though the Arrangement among China, Hong Kong and Macao has plenty of similar parts to other arbitral agreements concluded between countries. Therefore, the study attempts to consider the contents of the Arrangement and also analyze the differences from the agreement related to the arbitration among China, Hong Kong and Macao. Moreover, the study suggests some precautions to Korean companies for using the arbitral system in these regions.

중국의 국영무역제도 운영에 관한 연구

하현수(Hyun-Soo Ha),윤충원(Chung-Weon Yoon),유찬확(Zhuan-Kuo Liu) 한국관세학회 2007 관세학회지 Vol.8 No.3

When China entered WTO, China had made commitments to keep WTO rules related to State Trading System. These commitments are specifically stated in China's Protocol of Accession and Report of the Working Party on the Accession of China. And also, China specifically submitted the list of state trading commodities, state trading enterprises and the allocation of commodities, portion, methods, period which are related to non-state trading enterprises. As we mentioned in this paper, when China entered WTO, China allowed most commodities to be freely traded except some commodities which have possibilities to affect badly to Chinese domestic economy. As a result of free market, China has experienced economic growth over 10 percent every year. However, China still prevents non-state trading enterprises from importing some state trading commodities through direct and indirect protective policies. Oil and agricultural products are the example of the state trading. Chinese government controls directly one or two enterprises as the state trading enterprises in the cause of national economic efficiency. Moreover, allocations of these commodities to non-state trading enterprises are also prevented by several policies and exclusive rights of state trading enterprises. Nevertheless, these systems are an illegal behavior which is contrary to WTO rules.

신용장 거래에 있어서 중국의 사기예외 적용규정에 관한 연구

하현수(Hyun-Soo Ha) 한국관세학회 2008 관세학회지 Vol.9 No.1

In this paper, I found out the attitude of fraud of letter of credit(L/C) in Chinese court through analyzing the judicial interpretation related to fraud of L/C in Supreme People's Court(SPC) in China. Moreover, I would like to give some helps to understand more deeply about the provision related to fraud of L/C in China through more thoroughly analyzing the standard of fraud, the limit of application of fraud exception, the responsibility immune and so forth in the judicial interpretation in China. There are some problems and implications related to the judicial interpretation in fraud of L/C in China observed in this paper as follow. First of all, the judicial interpretation in fraud of L/C in China is nothing more than a leading suggestion of SPC. Therefore, there are some problems that the judicial interpretation cannot be applied strictly and also has low efficiency in law. Secondly, Chinese judges have lack of understanding about L/C. The lack of knowledge in L/C of judges led to overissue the ruling of stopping of payment. Especially, the situations of overissuing the order of suspension are found out in judgement of district court which doesn't have opportunities to handle the fraud of Lie. Thirdly, the types of fraud of L/C in 'conflict provision about L/C, 2006' are provided too general and also too abstractive. Thus, the article 8(4) in the provision provided that 'in case of processing the situations of other frauds of L/C' can be authorized as fraud of L/C. Even though the provision also provides for dealing with fraud types except for the fraud types which are provided in the article 8 because of complex and diversity in fraud of L/C, the provision can be easily used by the parties who don't want to pay the amount of L/C or want to delay. Furthermore, because courts can apply different standards in the same provision, predictability, which is the basis of law, can be depreciated a lot. Fourthly, the situation that China formulated the specific provision related to fraud of L/C is worth to pay attention comparing to the situation that most of countries in the world are not only formulating the special provision about fraud of L/C but also applying general law related to fraud.

양안사지(兩岸四地) 중재판정의 상호 집행에 관한 연구

하현수(Hyun-Soo Ha) 한국관세학회 2014 관세학회지 Vol.15 No.2

As the trade volume among Mainland China, Hong Kong, Macao and Taiwan(hereinafter referred to as “Pan China”) is increasing and the trade forms are complicated, if commercial disputes are occurred once, it is kind of complicate to solve and also it is possible to extend over a long period of time for settlement. Moreover, our trading companies made an agreement for commercial dispute as a way of solution for dispute in the trade among Pan China and also often agreed a place of arbitration as Korea or trade partner’s country. Recently, however, the trade forms among Pan China and principal agents are more complicated, so it is increased not only to choose a place of arbitration and an arbitration institution between Korea and trade partner’s country but also to choose a place of arbitration and an arbitration institution among other countries of Pan China except trade partner’s country. Furthermore, because China has a different regulation of Chinese arbitration law, the civil proceedings act, other related regulations for enforcement of the arbitral awards according to nationality of the arbitral awards, it is possible to cause different results of arbitral award based on application of regulations. Therefore, this paper attempted to figure out whether arbitral award is admitted as judgement of Pan China in case of the use of mutual arbitral system among Pan China. Also, in case it is admitted as an arbitral award of Pan China, what kind of related agreements and domestic regulation is applied. And how different are these regulations and the related regulations of domestic and foreign arbitral award. Finally, this study also considers a few things that our domestic companies should be aware of in case of using arbitration system of Pan China.

중국 내륙과 홍콩간 중재판정의 상호집행에 관한 연구

하현수(Hyun-Soo Ha),윤충원(Chung-Weon Yoon),구양준(Jun OuYang) 한국무역학회 2008 貿易學會誌 Vol.33 No.5

외국중재기관이 중국을 중재지로 하여 내린 중재판정에 대한 중국 법원의 국적 결정기준에 관한 연구

하현수(Hyun-Soo Ha) 한국중재학회 2023 중재연구 Vol.33 No.2

Chinese law does not directly stipulate the criteria for determining the nationality of arbitral awards, and the Civil Procedure Law stipulates that arbitral awards are divided into domestic arbitral awards and foreign arbitral awards based on the location of the arbitration institution managing the arbitration cases. This indirectly classifies the nationality of the arbitral award based on the location of the arbitral institution. However, with regard to the nationality of eight arbitral awards in this paper made in China by the foreign arbitration institutions, the Chinese courts determined the nationality by arbitrarily selecting the criteria for the location of the arbitration institution and the criteria for the place of arbitration, except for arbitral awards made in Hong Kong. China’s unclear attitude toward the criteria for determining the nationality of arbitral award has resulted not only obscures the country that can exercise the right to revoke arbitral award, but also obscures the laws and regulations applied to the approval and execution of arbitral awards. In other words, since the right to revoke the arbitral awards resides with the country of nationality of the awards, such an ambiguous attitude in China prevents the parties from responding to the cancellation lawsuit by predicting the nationality of the arbitral awards in advance. Furthermore, since China made a declaration of reciprocity reservations while joining the New York Convention, in cases where the criteria for location of the arbitral institution is applied, if the arbitration institution belongs to a contracting state, the it must apply the New York Convention to approve and execute arbitration decisions, but if it is not a contracting state, it must be approved and executed by mutual arbitration agreements or reciprocity principles. These results can lead to different results in approval and execution of the same arbitral awards depending on how the nationality is determined.

양안사지(兩岸四地) 상호간 투자분쟁 해결제도에 관한 연구

하현수(Hyun-Soo Ha) 한국관세학회 2015 관세학회지 Vol.16 No.1

The investment of Korean companies into Mainland China, Hong Kong, Macao and Taiwan(hereinafter referred to as “quadruple countries”) keeps increasing and the methods of investment are also becoming complicate. Thus, the re-investment is expanded in order to take benefits which are applied into quadruple countries exclusively. For example, our companies first enter one of the quadruple countries. After this company is accepted as a company of inside of quadruple countries, and then reinvests to one of quadruple countries except the country the company is located. However, if the dispute related to investment is occurred under the capital is accepted as investment into quadruple countries, it cannot settle the dispute based on BIT signed between Korean and quadruple countries or other related agreement. In other words, because it is accepted as the investment among quadruple countries, the company should settle the dispute based on the agreement signed by contract parties or domestic law. Therefore, in order to deal with investment dispute effectively, it is necessary to understand exactly the agreement related to investment dispute resolution signed among quadruple countries, and the law legislated in each region in order for application. This study attempted to consider what kind of agreement and domestic law related to investment dispute resolution among quadruple countries are set and also indicated the differences and characteristics of investment dispute resolution between quadruple countries and other countries. Moreover, precautions for using investment dispute resolution mechanism to companies were disclosed.

중국의 상사중재서비스 개방에 관한 연구 : 외국중재기관의 중국 내 상업적 주재를 통한 중재서비스 제공을 중심으로

하현수(Hyun-Soo Ha) 한국중재학회 2020 중재연구 Vol.30 No.4

중국 정부는 자국의 중재기관이 외국의 당사자들로부터 외면 받는 문제를 개선하기 위하여 2015년 이후 유수한 외국중재기관이 중국에 대표부를 설치하고 이를 통해 중재서비스를 중국 내에서 제공할 수 있도록 제도를 제정하였다. 중국 정부는 외국중재기관이 중국에 진출하여 중국 중재기관들과 경쟁을 하게 되면, 중국의 중재기관들도 이들과 경쟁을 통해 발전할 수 있는 기회를 가지게 될 것으로 기대한 것으로 보인다. 또한 외국을 중재지로 하고 외국중재기관을 이용하여 분쟁을 해결하기 보다는 비록 중국에 진출한 외국중재기관이기는 하지만 이를 통해 중국을 중재지로 하여 중재를 하는 것이 보다 유리할 수 있다는 중국 당사자들의 기대도 반영되었을 것으로 보인다. 중국 정부는 외국중재기관에 중국의 상사중재 서비스시장을 점진적으로 개방하는 전략을 채택하였다. 즉, 중국은 중재서비스 범위와 관련하여 2015년에 비영리 활동으로 한정하여 외국중재기관에 중재서비스 시장을 개방한 이후 2019년에는 영리 활동도 개방하였다. 그리고 외국중재기관의 중재서비스 제공 대상을 상하이자유무역시험구에 등록된 외국인 투자기업과 이들 기업의 분쟁 상대방인 중국 내 당사자로 한정하고 있다. 중국 정부가 향후 외국중재기관을 이용할 수 있는 당사자를 얼마만큼 확대할 것인지는 조금 더 시간을 가지고 지켜봐야할 것으로 보인다. The leading foreign arbitration agencies have established a representative office in China since 2015 to improve their arbitration agencies problem being neglected by foreign parties. The Chinese government has enacted a system in which mediation services can be provided in China. The Chinese government seems to expect that if foreign arbitration agencies enter China and compete with Chinese arbitration agencies, Chinese arbitration agencies will also have an opportunity to develop through competition. In addition, it seems to reflect the expectation of Chinese parties that rather than using a foreign arbitration agency under foreign countries as the arbitration site to settle disputes, it would be more advantageous to arbitrate in China as the arbitration site with a foreign arbitration agency. The Chinese government has adopted a strategy to gradually open China s commercial arbitration service market to foreign arbitration agencies. Regarding the scope of arbitration services, China opened an arbitration service market limited to non-profit activities and foreign arbitration agencies in 2015 and then opened it to commercial activities in 2019. Also, the provision of arbitration services by foreign arbitration agencies is limited to foreign-invested companies registered in the Shanghai Pilot Trade Zone and parties in China, which are the counterparties of disputes between them. It will take a little more time to see how much the Chinese government will expand the number of parties that can use foreign arbitration agencies in the future.