• Journal of Arbitration Studies
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• v.16 no.2
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• pp.51-88
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• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

• Health Policy and Management
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• v.8 no.2
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• pp.166-190
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• 1998

This study presents the status on drug prescription for clinic outpatients' bronchitis, gastritis, and gastric ulcer, and also the physician factors that affects their prescriptions. In this research project the physician factors are as follows: their demographic features, their work related features, education related features, drug information related features and drug promotion related features. The variables in drug prescriptions are drug expenses, daily drug expenses, days of medication, the highest price of the drugs used and the number of the different drugs used. Analysis of the use of prescription drugs was performed on NFMI(National Federation of Medical Insurance) 1994 medical expense claim data. Data on physicians' characteristics were collected by mailing surveys. Patients with secondary diseases were excluded. In this study, 388 adults with bronchitis, 1,038 children with bronchitis, 1,158 patients with gastritis, 369 patients with gastric ulcer were included. The older physicians tend to allow the lower drug costs: this explains that the older doctors who are more experienced less depend on the medicines. It can be also explained that doctors are likely to use the medicines that had been used for their intern and resident practice/training period. General practitioners give more intensive prescription compared to specialists. And specialists prescribed medicines to patients for longer period. The doctors' prescriptions for patients are largely affected by commercial sources. So objective and reliable sources for drug information is needed for patients' benefits. Physician factors explain better at the daily drug expenses, the drug price and the number of different drugs than days of medication. Gastric ulcer are better explained by the prescription model adopted in this study than other diseases.

• Journal of Korean Society of Transportation
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• v.32 no.5
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• pp.421-430
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• 2014

The greenhouse gas emission generated by idling vehicles is a critical issue in the greenhouse gas reduction from the transportation sector. Recently, the mandatory application of the Idle Stop and Go (ISG) for buses, trucks and taxis is in the process of legislation. Focusing on the regulation is about to apply to passenger cars, this study analyzed the quantitative economic effects of the ISG installation by passenger car types in Seoul metropolitan area to support proper policy making. The benefit cost ratio of ISG installation on commercial passenger car of Seoul is the most effective, calculated as 8.55. Accordingly, the amount of 660 liters (per year per vehicle) of fuel and 1,606 kg (per year per vehicle) of $CO_2$ could be reduced. The results of this study might be used as an index for judgment of policy such as determining appropriate subsidy for ISG installation on passenger cars.

• Journal of Internet Computing and Services
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• v.15 no.5
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• pp.123-132
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• 2014

Internet is composed of many independent networks referred to as Internet Service Providers (ISPs) and each provider is generally interconnected based on a commercial agreement. Though many countries are engaged in deregulation in internet interconnection, there is still debate whether the large ISPs are unwilling to peer with small providers, have incentives to lower the quality of data transmission of transit operators or set the interconnection charge regarding the actual costs incurred by the interconnection. Korean government introduced regulations in internet interconnection after observing noticeable anti-competitive behaviors from 2005. This paper analyzes whether there is margin squeeze problem/market concentration, and suggests political proposals in Korean regulation status.

• Journal of Korea Port Economic Association
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• v.30 no.2
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• pp.25-50
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• 2014

This study analyzes how the environmental-friendly logistics activities impact on both environmental performance which is the result of sustainable development and business performance which is one of basic achievement of commercial company. It has been researched especially focusing on manufacturing-based company. According to the results of multiple regression analysis, it has been proven that environment-friendly storage and cargo handling, management and policy factors significantly affect environmental performance. And environment-friendly production, management, policy factors significantly affect the company's business performance.

• Journal of Digital Convergence
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• v.9 no.5
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• pp.55-63
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• 2011

The purpose of this study is analyzes the violate behavior the Parking Area for the handicapped and monitor the management problem, therefore presents the improvement alternatives of it. We use the field interview survey method by visiting the government office of cities of 16, commercial facility, housings, medical centers, cultural and sports facilities, express highway rest area. We visited the 50 places and interviewed the 227 violating persons. As a result, violate behavior is divided into the not attachment of sticker on parking possibility and not accompaniment with walking disabled person. We presented the improvement alternatives for the lawful usage of the parking area for the handicapped. First, We have to magnify a recognition and a advertisement about the parking area for the handicapped. Second, We have to improve a management of expense, manpower and civil complains, etc. We have to prepare the legal revision which strengthens the concrete punishment for a violate behavior improvement.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Proceedings of the Korean Society of Crop Science Conference
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• 1998.10a
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• pp.336-352
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• 1998

The horticultural seed industry has made great progress in the last fifty years of its history after the independence of this country. The industry has accomplished self-sufficiency in major vegetable seeds and has even gained international competitive edge in certain crop seeds, particularly in hybrid cultivar development. However, the industry is facing a crisis at present coming from excessive competition among the domestic seed companies as well as the foreign currency crisis of the country. Several major seed companies have already been acquired by multinational corporations. Many people in the country as well as agriculturists are concerned about this situation. Although it is true that the industry is undergoing hard times, this crisis can be turned into a chance for making new progress depending on the joint efforts of the groups responsible, i.e., private companies, public institutions, and policy makers. Therefore, we have to turn this crisis into an opportunity for self-reform and progress. We should not be discouraged or give up. We Propose some ideas for the Progress of the seed industry. Public institutions and policy makers should do such things in cooperation as 1) training human resources for future breeders, 2) securing a wide range of genetic resources and improvement of the management system, 3) basic science research including biotechnology, 4) releasing breeding stocks from germplasm enhancement through use of exotic accessions, 5) support for breeding region- or use-specific cultivars, and 6) collection of foreign agricultural information for breeding cultivars for overseas markets. Eventually the responsible group for the final development of commercial cultivars, production, sales and management is private companies. Therefore, private companies also should have to do their best to develop competitive cultivars with a missionary spirit and endeavor for both domestic and overseas markets in cooperation with public institutions. Management based on competition, professionalism and rationalism is also urged. We are going to conclude with optimism that we can make a new vault of progress once the private and public sectors closely cooperate for the development of Korean horticultural seed industry by overcoming this crisis.

• International Area Studies Review
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• v.15 no.3
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• pp.215-237
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• 2011

The paper is basically designed to reveal substitutability or complementary nature of export and import among Korea, China, and Japan by employing unit root test, cointegration technique, and vector error correction model(VECM). Empirical evidences are shown that the trading among these countries has been dominated by a complementary nature in the short run which enables it to promote trading in those countries. In the long run, however, the substitutability nature effects strongly to the trading among Korea, China, and Japan. To this end, it could be tentatively concluded that market-oriented trading policies are more effective to stimulate the export and import in those countries in the short run, while a trading policy has to be selectively implemented by the substitutability nature in the long run basis. For instance, a stability policy for exchange rates and various commercial policies could be set for a short term target. Whereas, the substitutability nature should be counted in building up a new industrial structure or in implementing FTA agreement among Korea, China, and Japan.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.1
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• pp.457-470
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• 2021

The banking system provides a number of important functions for the economy and is also the lifeblood and financier of the economy in each country. Large amounts of idle money have not been exploited by banks; however, banks still depend on loans, including loans from foreign banks, to meet the growing demand, as such, for banks, the cost of capital is high, the stability and business efficiency are low and banks have not promoted their internal resources to grow steadily. To achieve the goal, this research analyzes the factors affecting the choice of bank for the deposit decisions of customers in Vietnam. The study used a sample data of 250 individuals and SPSS software was used to analyze the data. The results showed that customer policy has a positive effect on customers' deposit decisions in a bank, and this is new evidence regarding behavioral theory in the case of Vietnam. Results further demonstrated that other factors such as employee image, brand, interest rate, relative influencing, and transaction time positively impact the choice of bank for the deposit decisions of customers. However, the bank's promotion strategies had no impact on the choice of bank for the deposit decisions of customers. Besides, employee image is the most influential factor in the deposit decisions, followed by the bank's brand and interest rate.