• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.523-541
• /
• 2016

According to Chinese Arbitration Law, combination of mediation with arbitration means that in the process of arbitration, arbitrator may conduct mediation proceedings for the case they are handling, provided both parties agree to do so. If mediation succeeds and the parties reach a settlement agreement, the arbitrators may render a consent award or a written mediation statement in accordance with the contents of the settlement agreement. If mediation fails, the arbitration proceedings will be resumed until the case is concluded by making of an arbitral award. There is no formal name of this system in China, it is called "combination of mediation with arbitration", "mediation in arbitration process" or "arbitration-mediation", the author of this thesis select "arbitration-mediation" and make it simply as "Arb-Med". This thesis concentrates on three issues that arbitrators and the parties have to clarify and pay attention to once they choose to use Arb-Med. The first part is about the 'waivable problems', include waive the right to challenge a arbitrator who act as a mediator at the same time with parties' approval, as well as the question about the waiver of the arbitrator's duty to disclose confidential information obtained during mediation. The second part is 'public policy in Arb-Med', introduces the concept of public policy, the bias may arise the complaint about public policy, and the due procedure problem. And the last part is about the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, especially about the award including some contents which has relation to third party's interests.

• Fire Science and Engineering
• /
• v.25 no.3
• /
• pp.28-41
• /
• 2011

Regulation of Escape and fire-prevention of Building of South Korea were enacted as a part of building codes in 1962. Since it was enacted, the law has gone through many changes. In this study, evaluated the fire safety of the law about the case of a hotel that the fire risk are expected to be higher whenever it was changed. As a result, the current law has gotten better in tire safety since it was enacted. However, especially it could be confirmed that the evacuation safety is insufficient in the lower level of hotel building. In the case of accommodation, because the occupants become aware of fire lately, they have not enough time to escape. Therefore, this study suggests that it is needed to come up with an effective counterplan about the interior finish materials, fire door and fire compartments that the smoke layer descending time is longer.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.515-536
• /
• 2000

This study analyzes the U.S. case law which challenges the legal conclusions of the district court with respect to the applicability, and effect, of the doctrine of waiver and estoppel in addition to the doctrine of documentary cure. The impliations are as follows. First, the documentary cure requirement can not be interpreted to mean early enough to allow the beneficiary to cure and represent the documents before the presentment deadline or expiry date of letter of credit. The mere fact that the presentment period expired before the completion of bank's review and notification process does not compel any conclusion about whether the examiner spent a reasonable amount of time examining the documents. Indeed, the reasonable time requirement does not imply that banks examine a presentation out of order or hurry a decision based upon particular needs or desires of a beneficiary. Secondly, even if the doctrine of waiver can apply to letter of credit governed by the strict compliance standard, a one-time acceptance of discrepant documents by a bank does not waive the bank's right to insist upon conforming documents in all subsequent letter of credit transactions between the bank and beneficiary. Revised UCC Article 5 is highly persuasive on this point: waiver of discrepancies by issuer or an applicant in one or more presentation does not waive similar discrepancies in a future presentation. Neither the issuer nor the beneficiary can reasonably rely upon honor over past waivers as a basis for concluding that a future defective presentation will justify honor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.201-225
• /
• 1999

This article is focused on the review of price reduction and measuring damages under the CISG together with the law relating to sale of goods in main countries when the goods delivered did not conform with the contract. And also reviewed on the election of remedies for the aggrieved party, that is, which one between the two remedies would provide more compensation for the non-conformity. This article can be summarized as below. 1. Price reduction has its principal significance when the buyer accepts non-conforming goods and plays important role only when the seller is not liable for the non-conformity because the same price reduction formula applies for all circumstances. Of course, the buyer must bear any further damages, such as shutdown expenses and other consequential damages. 2. If the seller is liable for the damages and the price level rises, the buyer normally will claim damages since this approach is much more favorable result than price reduction. 3. In case the seller is liable for the damages and the buyer suffers no consequential damages, if the price level falls, price reduction would provide more compensation for the non-conformity than would damages and if there is no change in the market level, the allowance for defects in the goods will be normally the same under the price reduction and damages. By the way, In case the seller is liable for the damages and the buyer suffers consequential damages, it is desired that the buyer firstly elect the price reduction and later seeks to claim for consequential losses when the price level falls and unchanged.

• Journal of Digital Convergence
• /
• v.12 no.10
• /
• pp.179-189
• /
• 2014

Unlisted stocks, each country applies a systematic evaluation of the proposed regulations and how the objectivity and reliability of the valuation is trying to improve. In the case of Korea, the law relating to the assessment of unlisted stocks of a representative and 'Inheritance and Gift Tax Law' and the majority of the information in accordance with this law is. IFRS to the valuation of securities at fair value, such as unlisted stocks, but with the exception that non-marketable securities, the acquisition cost can be replaced by a well-known professional organizations calculation of the amount of stocks that the rules are followed. Therefore, in this study, together with the other examples given statutory valuation theory or technique has been referred to various valuation models in practice. It is significant to provide data that can be used to present a variety of methods for the valuation of unlisted shares and enable rationalization study. But the limitations of this study, the implication is obtained through a single enterprise, the research will continue to be applied to the case study and plan the future by the various sectors of the corporate scale.

• The Korean Society of Law and Medicine
• /
• v.13 no.1
• /
• pp.249-293
• /
• 2012

Inter-hospital transfer, depending on its medical and legal appropriateness, affect the prognosis of patients and can even lead to legal disputes. As Emergency Medical Service Act, any physician shall, in case where deemed that pertinent medical service is unavailable for such patient with the capacities of the relevant medical institution, transfer without delay such patient to another medical institution where a pertinent medical service is available. For medico-legally appropriate inter-hospital transfer, the head of a medical institution shall, in case where he transfers an emergency patient provide medical instruments and manpower required for a safe transfer of the emergency patient, and furnish the medical records necessary for a medical examination at the medical institution in receipt of such patient. And transfer process must comply with the requirements prescribed by executive rule such as attachment of the referral, provision of ambulance, fellow riders and informed consent of transfer. Those engaged in emergency medical service shall explain an emergency medical service to an emergency patient and secure his consent. In addition to the duty to inform about emergency medical service to the patient and his or her legally representative, there is also a duty for doctors to sufficiently explain to the patient and his or her legally representative during inter-hospital transfer that the need for the transfer, the medical conditions of the patient to be transferred and emergency treatment that will be provided by the hospital from which the patient is going to transferred. Likewise, the hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer by transferring doctors.

• Journal of Arbitration Studies
• /
• v.29 no.2
• /
• pp.107-132
• /
• 2019

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

• Journal of Science and Technology Studies
• /
• v.3 no.1 s.5
• /
• pp.105-156
• /
• 2003

This paper aims to explore the cause and aspect of inter-ministerial policy conflict and its coordination in science and technology policy-making with the case of science and technology basic law-making process in Korea. This law-making processes are analysed through the three periods for the last 10 years starting 1992, such as law-formulation(1st) period, interim law-making (2nd) period, and final law-making(3rd) period. Based on these steps, it tries to concretely describe the phenomenon of policy conflict and the coordination mechanism among government departments and analyses the characteristics of dynamic interaction and mutual adjustment among the related agencies. The analysis is mainly focussed on the underlying causes and determinants of policy conflict, the development and coordination process of the conflict, the strategies and logics of the conflict participants, and eliciting some policy implications for effective policy coordination among government departments. Research results are summarized as follows. First, in science and technology policy-making the main causes of policy conflict among government departments are attributed to the difference of policy-orientation and jurisdiction-orientation of each agency. During the first period, the main aspect of policy conflict was policy-oriented, during the second, the main aspects of policy conflict were both policy-oriented and jurisdiction-oriented, and during the third, policy-oriented conflict was dominant. Second, the dominant typology and strategies of policy coordination which the participants used were vertical-political and horizontal-analytic approach. During the first period, horizontal and analytical approach were used, during the second, horizontal and political approach are mixedly used, and during the third, vertical and political approach were dominantly used. Third, The Korean National Assembly and the ruling party played a pivotal role in science and technology policy-making process(the basic law-making process) in particular during the final period.

• Journal of Arbitration Studies
• /
• v.28 no.1
• /
• pp.99-123
• /
• 2018

Korean businesses engaging in transactions with U.S. entities are increasingly favoring arbitration clauses to address unexpected disputes. How best ought the parties' arbitration contractual terms be drafted to avoid lengthy, protracted and expensive legal disputes? Authors examine the public policy favoring arbitration through the U.S. Federal Arbitration Act. Korean litigants seeking a "Motion to Compel Arbitration" rely on arbitration clauses designed to address four factors U.S. courts use to evaluate the enforceability of arbitration contract clauses. What role does U.S. state court jurisdiction hinder or help Korean businesses contracting with U.S. business entities located within certain boundaries? What is the effect of an arbitration clause that designates the Korean Commercial Arbitration Board in Seoul to arbitrate? All cases analyzed entail Korean business entities. Eleven cases demonstrate the results of seeking motions to compel arbitration in U.S. courts. Three cases illustrate motions to compel arbitration drafted to use the Korean Commercial Arbitration Board in Seoul. The results provide Korean businesses and legal practitioners insight into addressing the specific goals of including contractual arbitration clauses to enhance their international commercial interests in the United States.

• Publications of The Korean Astronomical Society
• /
• v.10 no.1
• /
• pp.15-30
• /
• 1995

It has been recognized that the morphologies of the SNRs from the radio observation are "barrel shaped". To interpret the mechanism of the radiation and the physical state of the environments, we have analytically calculated the dynamical structure of the interacting region in the case where the ejectum has a steep power-law density profile($\rho{\sim}r^{-n}$) and the ambient medium has a shallow power-law density profile($\rho{\sim}r^{-s}$), assuming that the cosmic rays are isotropically accelerated in the shock wave and the magnetic fields are very weak. The calculated synchrotron radio maps show that the emission from the equator is intense and the emissions from the central and polar regions are less intense. Also the thicknesses of the shell are strongly dependent on s and weakly on n. The azimuthal intensity ratio $\alpha$ increases as the efficiency of the cosmic ray acceleration increases and s decreases. We compared the results with the morphology of the SNR A. D. 1006(type I SNR). It does agree with the case of s = 0, w = 0.3 - 0.5. This value for w is consistent with the results by Eichler(1979). It provides us the evidence of the cosmic ray acceleration in the shock wave.