만화애니메이션의 융합 전략 및 맞춤형 인력양성 정책 연구

한창완(Han Changwan) 한국정보법학회 2012 한국정보법학회 정기세미나 발표자료 Vol.- No.15

투자협정과 정부의 네 가지 역할에 대한 소고

한창완(Changwan HAN) 산업통상자원부 2023 통상법무정책 Vol.- No.6

Governments have a variety of roles in relation to investment treaties. They are not only parties to investment treaties, but also respondent states in investment dispute proceedings, home states of investors who initiate investment disputes, and subjects of responsibility to their citizens. It is therefore important to avoid emphasizing only one-sided roles of states or governments in relation to investment treaties or investment dispute proceedings. Investment treaties began to be concluded actively in the late 20th century, and their contents have been changing as they have faced various criticisms and doubts in the early 21st century. In light of this, it is difficult to predict the fate of investment treaties, let alone achieving the purpose of investment treaties, which is economic development through investment promotion and protection. In order to effectively utilize investment treaties for the purpose of economic development, it is necessary to make an effort to understand the various roles of governments and adjust them appropriately. It is not desirable to unconditionally criticize or praise investment treaties and investment disputes by emphasizing one role in a narrow-minded way.

SCM440강으로 제작된 센터링크 체인의 표면거칠기가 피로수명에 미치는 영향

한창완(Changwan Han),김한종(Hanjong Kim),허민혁(Minhyuk Heo),박성훈(Seonghun Park) 대한기계학회 2017 대한기계학회 춘추학술대회 Vol.2017 No.11

The purpose of the present study is to analyze the effect of surface roughness on fatigue life of center-link chain made by SCM440 steel. Two groups of specimens were made from SCM440 steel with and without surface polished after forging process and resulted in different values of surface roughness. The difference of the surface roughness between two groups was clearly distinguished even to the naked eye. The surface roughness of both groups of the specimens was quantitatively measured by a roughness measuring device, Talysurf series2 (Taylor-Hobson Co., USA). Average roughness (R<SUB>a</SUB>) values were obtained by scanning 45 mm with a speed of 0.25 mm/s. Fatigue tests were conducted using a three-point bending method with a cyclic sinusoidal profile of 5 Hz, stress ratio of R = 0.1 and reference life for fatigue limit of 1 × 10<SUP>6</SUP> cycles. Ra without surface machining was 10.5 ± 1.7 μm, respectively while those values with surface machining were 0.9 ± 0.5 μm. It was found that the average roughness decreased approximately 12 times compared to the testing specimens without surface machining. The results of the fatigue test using the specimen with reduced surface roughness (from Ra = 10.5 to 0.9 μm) by surface machining demonstrated reduced scattering and increased fatigue limit (from 746.7 to 920.3 MPa). The results showed that an increase in surface roughness values led to a decrease in fatigue lives.

국제투자중재 판정의 취소 - 영국과 싱가포르 사례를 중심으로 -

한창완(Changwan Han) 법무부 국제법무정책과 2022 통상법률 Vol.- No.156

국제투자분쟁에서 조세조치의 실제 적용에 관한 소고

한창완(Changwan Han) 국제법평론회 2024 국제법평론 Vol.- No.67

This thesis examines the intricate relationship between taxation measures and investment agreements, highlighting the jurisdictional issues arising from clauses that exempt taxation measures from these agreements. These exclusion clauses are designed to delineate the jurisdictional boundaries of arbitral tribunals, specifying that disputes arising from taxation measures falling within these exclusions may be beyond their jurisdiction. This becomes particularly relevant when assessing whether taxation measures, excluded from the scope of investment agreements, are bona fide taxes. If they are not, the exclusion may not apply, potentially bringing the dispute within the tribunal’s purview. Conversely, taxation measures enacted under a state’s sovereign authority, even in the absence of specific exclusion clauses, are generally unlikely to be deemed violations of investor protection obligations, such as against expropriation or breaches of fair and equitable treatment standards. The critical questions is whether the contested taxation measures are genuinely aimed at raising public revenue in a fair and equitable manner, or if they serve to discriminate against or penalize foreign investor unfairly in the guise of taxes. This distinction is important for two reasons. First, bona fide taxation measures supported by exclusion clauses do not give rise to jurisdictional authority for an arbitral tribunal. Second, the absence of such clauses does not necessarily imply a breach of the host country’s obligations, provided the taxation measures are legitimate exercises of its sovereign power. The thesis argues that the mere presence of exclusion clauses should not automatically legitimize all taxation actions by the host state, nor should the absence of such clauses deter the state from implementing necessary tax policies aimed at public purposes. In international investment disputes concerning taxation, the core issue is whether the taxation measures were unfairly aimed at discriminating or penalizing foreign investments, rather than achieving a legitimate public purpose or deviating from the measures promised at the time of investment attraction. Overreliance on exclusion clauses to apply clearly unreasonable measures in the guise of taxation measureless could grant jurisdiction to the arbitral tribunal. However, in the absence of such conditions, and regardless of the presence of exclusion clauses in the investment agreement, host countries should confidently implement necessary tax policies for public objectives.

차량용 스테빌라이져 링크의 유격과 이상소음 발생의 상관관계

한창완(Changwan Han),김한종(Hanjong Kim),유영재(Young-Jae Yoo),박성훈(Seonghun Park) 한국자동차공학회 2017 한국 자동차공학회논문집 Vol.25 No.1

The vehicle stabilizer link is one of the suspension components that reduces the bumping and rolling during vehicle driving. However, this stabilizer link could be a source of the abnormal noises when its free gaps have higher than normal values. Therefore, the current study aims at investigating the quantitative relationships between the abnormal noises and free gaps of the vehicle stabilizer links, as well as the length of time that the vehicle stabilizer links could be used without generating abnormal noises. In this study, the abnormal noises were measured based on the magnitude of the stabilizer link vibration, while the free gaps were quantified through the force-displacement curves of the stabilizer links. Harsh durability tests were also conducted in order to quantify the operating cycles of the stabilizer links before generating the abnormal noises, along with the concomitant measurements of the free gaps. The current results showed that the abnormal noises of the stabilizer links were detected when its free gaps were larger than 0.12 mm. However, the free gaps of the stabilizer links, which are bigger than 0.1 mm, produced the abnormal noises at 1.5 million cycles under harsh durability test conditions. A parametric study in the future that would reflect the different shapes and sizes of the stabilizer links for diverse vehicles could determine more generalized relationships between the abnormal noises and free gaps of the vehicle stabilizer links.

주제별 논단 : 연구논문 ; 재보험계약상 사고처리협조조항

한창완 ( Changwan Han ) 한국금융법학회 2015 金融法硏究 Vol.12 No.1

Traditionally, a reinsurance contract was considered to be an honorable agreement based on mutual trust and confidence between a reinsured company and a reinsurer. However, as the number of reinsurers and reinsured companies has dramatically increased, and the number of claims has significantly risen, the nature and structure of the reinsurance relationship has changed and disputes between reinsurance-contract parties have multiplied accordingly. Reinsurers often insist that they are not obligated to indemnify the cedent companies because these companies have breached their duties, as derived from claims clauses the reinsurance contracts. There have been few reinsurance cases between reinsurers and reinsured companies before Korean courts so far, but, in light of the changing nature of the relationship between reinsurance parties, many relevant future disputes may be resolved by courts instead of by mutual consent. Therefore, it is now useful to examine what claims clauses of reinsurance contract mean; how they interact with other reinsurance clauses or principles, such as follow-the-settlement or follow-the-fortune clauses; and how the breach of claims clauses affects reinsurers’liabilities. Because the legal principles of reinsurance have been developed by English and American scholars and courts, we should carefully examine those countries’reinsurance customs and principles and apply those findings to a reinsurance contract that would be governed by the law of Korea, if possible.

선박으로부터의 오염방지를 위한 국제협약상 의무준수 - 미국의 사례를 중심으로 -

한창완 ( Han Changwan ) 한국환경법학회 2016 環境法 硏究 Vol.38 No.2

국제사회는 해양생태계를 파괴하고 해양 및 수산 관련 산업에 심각한 손상을 야기하는 유류와 기타 오염물질이 해상에 무차별적으로 유출되는 것을 방지하기위하여 선박이 준수하여야 할 구조적ㆍ기술적 조건과 배출기준을 강화하여 왔다. 그 노력의 결실 중 하나가 해양오염방지협약의 체결이다. 다른 다자간 국제협약과 마찬가지로 해양오염방지협약 역시 그 효율적인 이행과 준수를 보장하기 위한 방법들을 정하고 있다. 나아가 미국은 자국의 해양환경 오염을 방지하기 위하여 해양오염방지협약의 실효성을 높이기 위한 적극적인 행정조치들, 예컨대 관할권이 없는공해에서의 오염물질 배출행위를 사실상 규제하기 위하여 선박에 비치되어 있는 유류기록부 등 각종 기록부의 허위기재를 문제삼아 해당 선박 또는 그 선주를 제재하는 등의 조치를 취하여 왔다. 우리나라 역시 적극적으로 항만국 통제 조치를취하기 위하여 노력하고 있으나, 이에 그치지 않고 해양환경 보호를 위하여 미국이취하는 바와 같은 적극적인 권한 행사를 고려하고 이를 위하여 필요한 자원(인력,재정 등)을 보강하고, 선박의 협약 위반행위를 신고하는 내부자 등에 대한 경제적보상제도의 적극적 활용을 고려하여 볼 수도 있겠다. The International community has constantly tried to improve the structural and technological requirements of seagoing vessels and prevent the discharge standard of oil and other waste into the ocean so as to preclude the degradation of the ocean environment and the substantial negative impact it can have on relevant industries. Such efforts have led to the creation of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78). Like other multilateral environmental agreements, MARPOL 73/8 has its own compliance mechanism to ensure its effective implementation and compliance. The United States has introduced unique compliance measures of MARPOL 73/78 for the purpose of preventing the pollution of its ocean environment by ships. For instance, the U.S. has consistently inspected the oil record books of vessels to find evidence of illegal oil discharge, and it has punished those vessels falsifying their record books. Although South Korea has increasingly used the port state control measures, inspecting foreign vessels to verify their compliance with international agreements such as MARPOL 73/78, I believe that the country needs to consider the introduction of more affirmative actions such as those that have been adopted by the United States. In this regard, South Korea may need to reinforce financial and personnel resources for that purpose.

춘천 애니메이션박물관의 기획전시 및 연구조사 기능 활성화를 위한 전략연구

한창완(Han Changwan) 한국예술경영학회 2004 예술경영연구 Vol.5 No.-

The Animation Museum is responsible for serving domestic animation culture and industries through the effective management and maximization of its specialized functions. Moreover, it should play a role of central engines to be an advanced model for the future. This study, by analysing the conditions of current situations of the Animation Museum, examines the key functions and strategies of the Animation Museum. The research questions are as follows: 1. How should the specialized functions of the Animation Museum be developed and realized to revitalize the domestic animation industry? 2. What are the effective strategies to realize the proposed functions considering the characteristics of Chunchon city? To solve these questions, established research results and the related data are analyzied in the first place. Then, some alternatives to cope with new industrial environments of animation are proposed. Based on the understanding the specific concepts and industrial trends of animation, new strategies to realize the specialized functions are suggested. In conclusion, five principal functions were proposed including the areas of ‘exhibition’, ‘curatorial research’, ‘policy research’, ‘publication’ and ‘forum’. Exhibition is the most essential one since it can lead the social discourse by setting the agenda. ‘Curatorial research’ function should have an important role to promote arts culture and arts industry, making the best use of ‘policy research’. The academic performance of curatorial function could serve as the foundation to accomplish policy research. The outcomes of ‘curatorial research’ and ‘policy research’ should be published. Also the function as a ‘forum’ should be expanded to keep ‘publication’ up. This study presented the goals and necessities of Animation Museum based on the characteristics of animation and industry. Then, it proposed historical forms and specialized major functions of animation museum. Finally the concrete alternatives to operate and reinforce those functions are suggested.

SM 50A 강으로 제작된 T-형 용접형상의 용접후처리 방법이 피로수명 증가에 작용하는 역할

한창완(Changwan Han),이재훈(Jae-Hoon Lee),송준혁(Junhyouk Song),이현우(Hyunwoo Lee),박성훈(Seonghun Park) Korean Society for Precision Engineering 2012 한국정밀공학회지 Vol.29 No.3

This study aims to investigate the effect of the post weld treatments on the fatigue life of T-type welded structure made by a SM50A steel material, generally used for excavators, because changes in the geometry, material and surface properties of welded regions affect the fatigue life of welded structures. T-type test specimens were prepared by the CO2 welding of rolled steel plates (SM50A steel) with a thickness of 10 mm at a welding speed of 30 cm/min and these T-type welded specimens were further treated by UIT (Ultrasonic Impact Treatment) and/or toe-grinding post welding treatment methods. In order to investigate improvements on the fatigue life of the samples. 3-point bending fatigue tests were conducted with a stress ratio of R=0.1 under a cyclic loading environment at a frequency of 5 Hz, via a hydraulic fatigue testing machine (±100 kN, MTS 809). The tests were performed at room temperature. The fatigue life of UIT specimens was approximately 25 times longer than that of as-welded specimens at a stress amplitude of 281 MPa, while toe-grinding specimens exhibited 4.15 times longer fatigue life. The current results could provide important guidelines to determine the proper post weld treatment methodologies of T-type welded parts for excavators with a satisfactory fatigue life although under severe operating conditions.