• 한국중재학회지:중재연구
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• 제16권3호
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• pp.91-125
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• 2006

The arbitration rule of CIETAC was vastly revised and was put in force on May 1, 2005. By its revision, China has improved its arbitration system. Chinese arbitration law had many problems when it was enacted in 1995, but the problems could not be avoided because of the poor surroundings for arbitration in China. As China has not had much experience in operating its legal system effectively, and also has little in the way of studies on legal theory that would allow it to deal with its laws in a flexible manner, authorities usually wait to revise a law until enough relevant experience has been accumulated. Therefore, during the 10 years since its enactment, China has resolved the problems within its arbitration law through revision of arbitration rule rather than by revision of the law itself. As this law is a basic one in ruling the arbitration system in China, there are some limitations as to how far the system can be developed through revision of arbitration rule alone. In spite of the limitations, the revision in 2005 contributed a great deal to resolving the existing problems within Chinese arbitration law. The biggest problem in the arbitration law is the Chinese arbitration law that restricts party autonomy. With the revision of the arbitration rule, many problems concerning party autonomy were circumvented. This occurred because the arbitration rule now provides parties the opportunity to choose arbitration rule other than the CIETAC arbitration rule, and even allows parties to agree to amend articles in the CIETAC arbitration rule -- a very important revision indeed. In addition to party autonomy, there are other improvements for example, there is an enhancement of the independent character of the CIETAC, clearing of jurisdiction, easing in the formation of arbitration agreement, improvement in the way arbitrators are chosen, and enhancement in the cultural neutrality of the arbiter. Problems still remain that can only be solved by revision of the arbitration law itself. These problems relate to the governing law of the arbitration agreement, the collection of evidence, custody of property, selection of chief arbiter, interlocutory awards, etc. In addition, some non-legal problems must also be resolved, like the actual judicial review of arbitration awards or difficulties of executing arbitration awards.

• 통상정보연구
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• 제11권2호
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• 통상정보연구
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• 제11권1호
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• pp.45-66
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• 2009

Licensing of information is the standard of the computer information business today. The huge bulk of vendors license their computer information products. The Uniform Computer Information Transactions Act(UCITA), therefore, does not originate licensing contracts. UCITA was developed to provide basic, recognizable default rules for the existing licensing activity that goes on and expands as commerce in computer information expands. UCITA's rules govern licensing of contracts for computer information from formation through performance, including remedies if there is a breach of contract. Included in UCITA are rules for warranties, both implied and express, and rules pertaining to risk of loss in a computer information transaction. Most of the rules in UCITA are the traditional and familiar rules of contract from the law of sales and from the common law, but adapted to the special nature of computer information licensing contracts. Freedom of contract is a dominating underlying policy for UCITA, exactly as that principle is the foundation for the law of commercial transactions, generally, and exactly as that law has served all commercial transactions in the United States and has contributed to the economic growth and health of the United States.

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.3-37
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• 2020

The Korean Arbitration Act (KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration. Korea is trying to be an international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. KAA was revised in 2016 again in order to reflect the criticisms against the previous KAA, changes in the arbitration environment, and the 2006 amendment to the UNCITRAL Model Law. The basic direction of the revision was to maintain the UNCITRAL Model Law system and to deal with the national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitral tribunals, recognition/enforcement of arbitral awards, and their annulment. This paper aims to introduce the important issues of the 2016 revision of KAA, to offer important information discussed in the process of revision, and thus to help those concerned in the interpretation and implementation of KAA. The 2016 revision of KAA is expected to help greatly in promoting not only the national arbitration, but also the international arbitration in Korea.

• 한국지열·수열에너지학회논문집
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• 제10권2호
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• pp.1-6
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• 2014

As Korea's economy is entering a period of gradual growth, rate of growth on the construction market is becoming slow like that in developed countries. Remodeling construction market will be gradually expanded due to change in the social environment and diversification of individual demand. This study aims to promote the status of building equipment field with corresponding strategies based on the current situation that the importance of building equipment field is emphasized. Although it is desirable that building equipment construction companies lead remodeling construction, the building equipment part of general construction companies take the important role may be a advisable way, because the technology of building equipment construction companies is a little insufficient. Though building equipment field has become more important, the number of credits and professor of the field is still small than other fields of architectural engineering. More practical curriculums are necessary to meet the expectation of companies. Mechanical part of building equipment construction does not have independent law otherwise the other parts of building equipment construction. Establishing the independent law is urgent to promote the remodeling construction technology.

• STI Policy Review
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• 제4권1호
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• pp.135-161
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• 2013

This paper examines Japan's Science and Technology (S&T) Basic Plans in accordance with its S&T Basic Law. The Basic Plans promote two major innovation (Green Innovation and Life Innovation) towards the creation of new markets and jobs, specifically under the Fourth S&T Basic Plan enacted on August 2011. Successful smart community demonstration projects at four urban localities were launched under plans to promote Green Innovation research and development of renewable energy technologies. However, the expectation that renewable energy such as solar or wind power can replace nuclear power is not backed by sufficient evidence. Furthermore, the electricity produced by these sources is expensive and unstable owing to its reliance on weather conditions. The Fukushima nuclear power plant accident on March 2011 has also seriously affected Japan's future energy plans. According to a government estimate, electricity charges would double if nuclear power generation were abandoned, imposing a heavy burden on the Japanese economy. Japan is in need of energy policies designed on the basis of more far-sighted initiatives.

• Journal of the Korean Statistical Society
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• 제34권4호
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• pp.263-272
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• 2005

Let {$X_n,\;n{\ge}1$} be a sequence of negatively associated random variables which are dominated randomly by another random variable. We discuss the limit properties of weighted sums ${\Sigma}^n_{i=1}a_{ni}X_i$ under some appropriate conditions, where {$a_{ni},\;1{\le}\;i\;{\le}\;n,\;n\;{\ge}\;1$} is an array of constants. As corollary, the results of Bai and Cheng (2000) and Sung (2001) are extended from the i.i.d. case to not necessarily identically distributed negatively associated setting. The corresponding results of Chow and Lai (1973) also are extended.

• 수산해양교육연구
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• 제29권3호
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• pp.857-868
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• 2017

The basic safety training for fisheries is being conducted to cope with an emergency situation and prevent the maritime accidents. A new joined person must be educated the safety training and a refresher must be completed the refresher training course every 5 year in according to the STCW-F and seafarers' Act. In order to achieve the objectives of marine safety training, it is necessary to distinguish the trainees by ship's type and the courses should be implemented in consideration of safety equipment of fishing vessels. However, since the classification criteria of seafarers' Act are unclear, the officer of fishing vessels which is over G/T 25 tons has been trained through the same course and curriculum for merchant ship's seafarers. About 80 % of domestically registered fishing vessels are small size ships(less than 100 tons) and there is not many safety equipment required by law. In case of marine accidents such as collision, the small vessel losses its buoyancy and stability caused by damage of hull. despite fisheries fall into the sea during fishing work in bad weather on the deck, there was no safety equipment by law. So fisheries must be trained by a safety training course suitable for fishing vessel. The purpose of this study is to develope the suitable course for fisheries by analysis current curriculum and rules. so suggested the basic safety training course for fisheries and institutional improvement.

• 무역상무연구
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• 제43권
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• pp.117-142
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• 2009

The purpose of this paper is to examine the basic principles for the examination of documents in terms of the basic duty to examine the documents, the time allowed to the banks to examine the documents, linkage among the documents, the originality of documents and their issuers, and the rejection formula of documents. Further this author would look at the changes of particular transport document including bill of lading, charter-party bill of lading and so on. From the seller's perspective, the changes of the principles and individual documents under UCP600 are the most important in the sense that they affect the criteria against which the payment is made. The major changes include the omission of the phrase "with reasonable care", in terms of the basic examination principles, substitute the phrase "five banking days following the day of presentation" for the phrase "reasonable time, not to exceed seven banking days following the days of receipt of documents", introduce the new wording about the linkage between the documents tendered, and make clear the meaning of the originality of documents as well as the rejection formula. For transport documents, even though dealing with bill of lading, charter-party bill of lading, transport document covering at least two different modes of transport, freight-forwarder bill of lading and freight collect transport documents, this paper focuses on the "transhipment" of bill of lading and the definition of charter-party bill of lading. Thus, UCP has been changed several times to reflect the new banking customs and practice. It, however, would not answer every questions which users and banks will raise. These questions may be best answered in the particular underlying contract. The UCP are necessary but not a sufficient instrument for the smooth operation of an international trade transaction. The rules are now out: it remains to be seen what the players do with it.

• 무역상무연구
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• 제69권
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• pp.741-762
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• 2016

The importance of trade in services has been increasing day by day, but the research on it is insufficient so far in terms of basic information, statistics, influence, industrialization and so on. To foster of professional trader in services, we need curriculums, textbooks and training centers like academy or college in advance. We have well developed curriculums for trade in goods since 1960's in Korea, so we can transfer the trade in goods' curriculum to trade in services. There are some differences between trade in goods and trade in services basically, but we can borrow a lot of idea from trade in goods in terms of basic framework like international economics, international business and international commercial transactions. This study propose the basic framework for trade in services' curriculum. First, trade in services economics handle the basic concept, statistics, characteristics, theories etc. Second, trade in services business treat the global companies to expand their business to global market, so characteristics of service companies, marketing plan and strategies and so on. Third, international commercial transaction of trade in services concentrate for procedures and contracts in terms of formation, implementation and finish of contract. Finally, Services industries can be a future strategic industry to any contries, so there are some national and corporates' strategy for expanding their business. This study acts on the initial idea for curriculums of trade in services, so I am looking forward to many criticism and development from another researchers to develop the model curriculums and textbook for education of specialized trader in services.