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.

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.

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.

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.

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.

중국의 가공무역관련 주요 정책 변화에 관한 연구

하현수(Hyun-Soo Ha) 한국관세학회 2011 관세학회지 Vol.12 No.1

China achieved economic growth such as attraction of foreign investment, expansion of technology transfer, creation of employment through the policy for processing trade expansion. However, since 2000, side effects such as renminbi appreciation, environmental pollution, energy overspending have been appeared. Therefore, Chinese government enforces expanding the restriction policies in processing trade such as to expand the prohibited/restricted items in processing trade, to reduce/abolish the refund rate of export VAT in order to enforce right effects and also minimize adverse effects occurred by growth of processing trade. Moreover, Chinese government judged that the effects of restriction actions in processing trade to the economy are limited, so announced to continuously enforce restriction policies in processing trade for enhancing industry, protecting environment, reducing surplus of trade balance. The purpose of this study is to suggest counterplan after analyzing how changes of major policies related to Chinese processing trade affect our trade toward China. First of all, I examined Chinese processing trade status, system related to processing trade and its changes. Also, I examined the rate of import increase of China toward worldwide and Korea for I year period about new assigned 809 prohibited items in processing trade in 2007-2008. This study suggests proper ways how our companies and government deal with policy changes in Chinese processing trade based on empirical study.

중국 법원의 Hybrid 중재판정에 대한 태도

하현수(Hyun-Soo Ha) 한국관세학회 2015 관세학회지 Vol.16 No.3

The law to regulate the procedure of arbitration is called the law of procedure in arbitration. The parties designate the law of procedure in arbitration according to principle of parties autonomy like designating arbitral institute, place of arbitration and arbitral substantive law. Thus, parties are able to choose law of procedure for the procedure of arbitration freely by their agreement. If parties don’t violate a compulsive law of nation of party, the effectiveness of arbitration agreement is admitted without any troublesome. However, it is necessary to confirm the enforceability of arbitral agreement more closely. Thus, the arbitration rules enacted by individual arbitral institutes are for proceeding arbitration requested to these individual arbitral institutes. So, several regulations of these arbitration rules can contain the contents that the arbitration rule can be executed in the only individual arbitral institute which enacts the arbitration rule. If so, it is possible that the procedure of arbitration cannot be gone along according to the agreement by parties. Moreover, it might even be possible that the parties cannot settle a dispute by arbitration differently from arbitration agreement by parties. This study attempted to verify some problems to come up in case of that the parties arraign the arbitral procedure based on the arbitration rules of other arbitral institutes not to apply the own arbitration rules of a specific arbitral institute by agreement of the parties. Furthermore, regarding to the arbitral awards by tribunal of Singapore International Arbitration Centre in 2009, the problems of hybrid arbitration are drawn through following analysis; in 2013 Chinese court reject to execute the arbitral awards under the reason that the parties don’t follow the arbitral procedure as previously agreed. Finally, some precautions are also suggested in case our companies agreed to go to hybrid arbitral agreement with Chinese enterprises.

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.

중국과 대만 간 투자보장협정에 관한 연구

하현수(Hyun-Soo Ha) 한국관세학회 2013 관세학회지 Vol.14 No.4

China and Taiwan had established the system in order to protect the investment and investors of each country through applying each countrys domestic law not a bilateral agreement between countries. To protect investors, to promote bilateral investment, to build the environment for right investment and to establish the contrast settlement system related to investment based on domestic law of China and Taiwan have a limitation. China and Taiwan made an agreement such as ECFA(Economic Cooperation Framework Agreement) in 2010 in order to improve the economy prosperity, and then concluded Cross-strait Investment Protection and Promotion Agreement as a follow-up agreement in August 2012. This agreement is expected to perform a positive role for expanding the economic exchange between China and Taiwan through providing a stable investment environment and institutionalized protection to Chinese and Taiwanese investors. However, the researches related to Cross-strait Investment Protection and Promotion Agreement are limited in Korea because it is recently arranged. Therefore, in this study I tried not only to define the definition and major contents of Cross-strait Investment Protection and Promotion Agreement but also to consider the domestic law of China and Taiwan for applying this agreement. Moreover, I figured out the problems of Cross-strait Investment Protection and Promotion Agreement through critical analysis and also suggested the solutions. In addition, I also mentioned some points to be considered in FTA investment agreement between China and Korea.