• Journal of Arbitration Studies
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• v.33 no.3
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• pp.69-93
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• 2023

For many people, the digital domain is becoming as important as the real world. The virtual environment is no longer just a place for entertainment and leisure. Blockchain transactions are serious business. Digital assets are seen as investments, with as much real value as physical assets. Does the law protect rights in digital assets, such as cryptocurrencies and NFTs? This article discusses recent case law that expands the common law concept of property to digital assets.

• Journal of the Korean Institute of Navigation
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• v.7 no.1
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• pp.83-103
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• 1983

The duty of disclosure it is a preliminary requirement to effect marine insurance contract between the assured and the underwriter. The contract of Marine Insurance is called a uberrimae fidei contract, the assured, therefore, in the law of marine insurance, shall communicate a material circumstances to the latter before the policy to be effected. As growing the maritime industries in Korea, there is forming a larger marine insurance market, accordingly, and having a wide relation with the practice of the marine insurance in England. It means that the most of the legal theories of the marine insurance would be adopted by the English Marine Insurance Case Law and M.I.A., 1906. From the viewpoint of the said this author has tried out to study what is the duty of disclosure of the marine insurance based upon the English Marine Case Law.

• Journal of The Korea Institute of Healthcare Architecture
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• v.11 no.2
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• pp.45-54
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• 2005

The purpose of this paper is to analyze the handicapped facility in residential outside area, to found how to improve the law in analyzing the residential area and to suggest consideration factor in design phase. To concentrate the study, the objects of case study are selected carefully, also case study method is selected as well as objects. After observing the summary of objects, the checklist is made accordance with the improvement law of facility. The checklist has the general and detail factor about outdoor residential area, and the detail factor is based on the improvement law of facility and is used to examine and analyze.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.29-46
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• 2007

The fraud exception rule allows for the issuing bank to dishonor the claim if it the documents and transactions bear fraud though the documents presented are complied with the terms and conditions of the letter of credit. A question arises whether the fraud exception rule can apply to innocent beneficiary when fraud is made by 3rd party. United City Merchants v. Royal Bank of Canada showed a good example how to handle in case of innocent beneficiary. At this case House of Lord found that innocent beneficiary deserves payment applying nullity exception rule. I believe that the nullity exception rule is employed for the benefit of innocent beneficiary as far as the issuer and applicant get no actual damage by the 3rd party's fraudulent action which is shown on documents.

• Journal of Astronomy and Space Sciences
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• v.14 no.1
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• pp.1-17
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• 1997

The results of a restricted numerical simulation for the color gradients within globular clusters have been presented. The standard luminosity function of M3 and Salperter's initial mass functions were used to generate model clusters as a fundamental population. Color gradients with the sample clusters for both King and power law cusp models of surface brightness distributions are discussed in the case of using the standard luminosity function. The dependence of color gradients on several parameters for the simulations with Salpter's initial mass functions, such as slope of initial mass functions, cluster ages, metallicities, concentration parameters of King model, and slopes of power law, are also discussed. No significant radial color gradients are shown to the sample clusters which are regenerated by a random number generation technique with various parameters in both of King and power law cusp models of surface brightness distributions. Dynamical mass segregation and stellar evolution of horizontal branch stars and blue stragglers should be included for the general case of model simulations to show the observed radial color gradients within globular clusters.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.43-68
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• 2021

This paper seeks to provide a comprehensive review of the international rules of law on the obligations of confidentiality and its exceptions in international commercial arbitration, including the Riddick principle stemming from the common law jurisdiction. To this end, this article examines and analyzes developed countries' arbitration legislation including relevant case laws and the most recent leading institutional rules. Given the fact that the increasing use of discovery in international commercial arbitration and that the parties and practitioners in civil law countries are not familiar with the concept of the Riddick principle and its implied undertaking to a court, this article introduces the concept of the Riddick principle with some analysis for the recent case laws. Finally, this paper makes some suggestions to strengthen the compliance of confidentiality in international commercial arbitration by introducing new rules on confidentiality, inter alia, sanctions for breaching of the obligations of confidentiality.

• Korea Trade Review
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• v.43 no.4
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• pp.89-110
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• 2018

This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.131-157
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• 2015

NHIS claimed for damages to doctors that by doing the treatment breaching medical insurance criteria caused by doctors, NHIS paid for medicine cost to pharmacy; as a result, the doctors caused the tort to NHIS. Following consecutive rulings afterwards, NHIS also argued that the medicine cost violating medical law or medical treatment expense paid to medical organizations are both the tort in civil law. NHIS claimed for all the damages, and the Supreme Court confirmed this judgment. However, within our national health insurance system, the subject of insurance payment is NHIS and the subject of medical treatment expense are also NHIS since the treatment expense is also insurance payment by asking the treatment to medical organizations. Further, national health insurance law is not made to control the violation of medical treatment cases; therefore, the breach of medical law cannot be covered by illegality of tort in civil law regarding NHIS. If that is the case, in the case that if the patients are treated according to treatment criteria via the doctors delegated the doctors' permission by Health and Welfare minister, NHIS acquired the benefits to remove the duty to give treatment payment to doctors in civil law; thus, even though the doctors have breached the medical law, NHIS does not have any damages. The fact that supreme court confirmed the ruling that the treatment is the tort in civil law towards NHIS is the judgment not counting the benefits of insurance payment as the subject but only considering the fact that NHIS paid to the doctors and this ruling have gone against the principle under civil code section 750. If the doctors have breached the medical law, the case should be sanctioned by medical law not national health insurance law, and the ruling of supreme court is assumed that they have confused both with the principle of national health insurance law and civil law.

• Proceedings of the Korean Institute of Intelligent Systems Conference
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• 1997.10a
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• pp.207-213
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• 1997

In this paper, we generalize Kolmogorov' strong law of large numbers to the the case of independent fuzzy random variables.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.331-364
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• 2006

Medical supplies have contradiction of efficacy and side effect to the various diseases together. Therefore, people have tried to reduce the side effects and also provide various methods to cope with any damages from the medicine quickly. In the case of accidents by medical supplies, the victim can be protected with advantage by the Product Liability Law rather than the Torts. The limit of Product Liability Law's application depends on whether medical supplies belong to the product or not. According to Product Liability Law, the product should be processed. Therefore, medical supplied should be processed to be the category of product. It can be said that the medical supplies in pharmacy, Chinese medicine, medical herbs, biological medicine manufactures, blood manufactured medicine, cord blood, hemopoietic progenitior cell and stem cell belongs to the manufactured products. The mixture by the prescription of doctor or preparation of pharmacist can be recognized as the product because prescription or preparation is a manufacturing act. Therefore, applying Product Liability Law to manufacturer, doctor or pharmacist would achieve the goal which is protecting the victims extensively.