• Korea Trade Review
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• v.42 no.5
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• pp.19-42
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• 2017

Nowaday typically international commercial transaction, buyer and seller communicate with each other using standard forms. So called "the battle of forms" results from the exchanges of these forms. There are several problems that have to be solved in the battle of the forms. For example, Do the exchanges of the different terms form a contract? What are the contract terms? Which party's terms could apply? etc. Around the world, two basic types of rules are applied to solve the problem as to the battle of forms : last-shot rule and knock-out rule. In 2015, Hague Conference in Private International Law finally approved Hague Principles. The principles deal with the battle of the forms. Also in 2013, CISG Advisory Council adopted the "Black letter rules" to provide an effective way of resolving regarding the inclusion of standard terms under the CISG. This study would try to comprehensively review the battle of forms concerning Hague Principles and CISG. The aim of this study is to propose the most appropriate way to resolve the problem of the battle of forms both parties.

• Proceedings of the Korean Society of Fisheries Technology Conference
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• 2003.05a
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• pp.42-42
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• 2003

연어는 북태평양 연안의 냉수역에 서식하는 소하성 어류이다. 한국을 비롯한 북태평양 연안국들은 연어 치어를 생산하여 방류한다. 각 나라에서 방류된 연어의 회유경로가 서로 겹치고 인접국의 배타적 경제수역을 지나게 되는 경우가 많아 연어를 방류하는 나라들 간에 자원분쟁의 가능성이 높다. 이러한 분쟁을 조정하고, 연어자원에 대한 합리적인 관리를 위해 연어 계군에 대한 명확한 구분이 필요하다. (중략)

• Journal of Korea Port Economic Association
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• v.27 no.1
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• pp.55-73
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• 2011

The purpose of this study aims to analyse the effect of class arbitration under voyage charter with Asbatankvoy form. This study analyses the Stolt-Nielsen case as a data. In this case, One Class Rule requires an arbitrator to determine whether an arbitration clause permits class arbitration. The parties selected an arbitration panel, designated New York City as the arbitration site, and stipulated that their arbitration clause was silent on the class arbitration issue. The panel determined that the arbitration clause allowed for class arbitration, but the District Court vacated the award. But the Second Circuit reversed, holding that because petitioners had cited no authority applying a maritime rule of customs and usage against class arbitration, the arbitrators' decision was not in manifest disregard of maritime law; and that the arbitrators had not manifestly disregarded New York law, which had not established a rule against class arbitration. However, the Supreme Court held, imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• Journal of Navigation and Port Research
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• v.38 no.1
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• pp.81-87
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• 2014

Today, it is a trend that the demand of offshore plants is constantly growing, along with the advances in technology which are thoroughly needed to the rise of international oil price as well as offshore energy development. In addition, The main sectors of ship building, sale & purchase and chartering market regarding various kind of offshore supporting vessels that supports the business of offshore energy development is now maintaining its steady growth. However, in domestic case, the contract of time charter occasions regarding the offshore support vessel are almost non-existing situation. Thus, the relevant practical study regarding to implementation of various kinds of legal disputes and applicable laws that can be properly applied in time charter and the field of sale & purchase needs to be conducted actively. Therefore, the concept of this study has included the wide comparisons of other special provisions with the existing time-charter by making its base on "Supply Time 2005" which is the worldwide standard form of time charter in offshore support vessel market and its investigation, aiming to provide practical guidance and procedure for implementation of arbitration and applicable law issues which can be applied in legal disputes between parties.

• Fire Science and Engineering
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• v.19 no.4 s.60
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• pp.47-56
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• 2005

The regulation on organization and operation of rescue and aid party was amended. This Regulation is designed to provide legal formality in order to protect not only the patients' right but also 119 rescuers from liability, which is due to treatment refusal by patient and the discretionary refusal of transfer by 119 rescuers on the non-emergency situation. This study looked over the constitute of violation of emergency medical service act related to the discretionary refusal of 119 rescuers, the criminal liability owing to omission and the possibility of national indemnities on the damage of patients. This study also analyzed the courts' decision and attitude by exploring overseas judicial precedents and examined what should be considered on the execution of the newly enacted law. Finally, this study put emphasis on the importance of medical director's control, documentation of every procedure, 119 rescuer's authorization on the refusal of transfer by securing patient's informed consent.

• The Transactions of the Korea Information Processing Society
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• v.4 no.3
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• pp.754-766
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• 1997

In this paper,we implement the Audit Trail Service Sydtem for the EDI Security.It has solved a law dispute between enterprises by informations that have generated by the EDI serice systrm.The audit trail service sys-tem implemented for EDI security satisfied the requirements of audit and the protocol of the security serive of X.435 and X.400.The EDI Security Audit System consists of the event discrimiator,the audit recirder,the audit archiver,and the provider of audit services .The event discriminator classified the reansmitted data from the EDI network ot audit sercices.The audit recorder constructs an index that has combined time information wiht audit unformations which are classified by the event discriminator.ZThe audit archiver performas the vacumming of added audit imformations by passing time by passing time.The audit provider is a module that carries out the audit trail servies by using stored audit informations. The audit provider suports audit servies,which are non-requdiation,proof and probe,controller of security,and accesing infrimation.The audit trail service system for EDI security constructs audit information by using index that is combining time imfromation,so it supports especially fast accesing audit information.