• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• Korean Business Review
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• v.12
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• pp.303-321
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• 1999

Electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in th the 21st century. Electronic commerce offers considerable new opportunities for the business and citizens in all regions of the world by enhancing productivity across of our economics and encourage trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an between contracting parties.

• Journal of the Korean Society of Systems Engineering
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• v.13 no.1
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• pp.79-88
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• 2017

For the PBL contract, it is necessary for the contracting parties to share information regarding the reasonable inventory-level and the cost of its repair parts for the estimated demand. There are various models which can be used for this purpose. Among them, V-METRIC model is considered to be the most efficient and is most frequently applied. However, this model is usually used for optimizing the inventory level of the repair parts of the system under operation. The model uses a time series forecast model to determine the demand rate, which is a mandatory input factor for the model, based on past field data. However, since the system at the deployment stage has no operational performance record, it is necessary to find another alternative to be used as the demand rate of the model application. This research applies the V-METRIC model to find the optimal inventory level and cost estimation for repairable items to meet the target operational availability, which is a key performance indicator, at the time of the PBL contract for the deployment system. This study uses the calculated value based on the allocated MTBF to the system as the demand rate, which is used as input data for the model. Also, we would like to examine changes in inventory level and cost according to the changes in target operational availability and MTBF allocation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.21-49
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• 2015

This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor's contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.3-54
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• 2011

The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.

• Journal of the Economic Geographical Society of Korea
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• v.18 no.4
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• pp.522-538
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• 2015

The objective of this study was to review how contract farming started in Gochang-gun and identified its characteristics among the contracting parties and the consequent changes in the region's dairy industry with regard to the contract production of organic milk in Gochang-gun, Jeollabuk-do, Korea in conjunction with the Maeil Dairy Industry Corporation. The contract was established in keeping with the product diversification strategy of the company after a crisis due to opening of the market, taking advantage of the clean environment of Gochang-gun and positive attitudes of the local government and dairy farmers. The expansion of the participating farms led to a production gap among dairy farms in the region; however, the overall concern over the conventional practice of contract farming was mitigated as the organic farming spread with the conversion of the contract farms to organic farms.

• Journal of Wetlands Research
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• v.22 no.4
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• pp.257-263
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• 2020

To answer whether it is proper to adopt wetland education as a part of the formal school curriculum, this study analyzed research trends and topics on wetland education and identified cases of adopting wetland education as a part of the formal school curriculum. Analyzing trends and topics on wetlands resulted in a recent shift of the focus of wetland education from the awareness and attitude towards wetlands to the ecological functions and ecosystem services that wetlands provide. In 2002, 18 Contracting Parties of the Ramsar Convention had adopted wetland education in the formal school curriculum. As of August 2020, the number has increased up to 42 countries. The globally increased awareness on the importance of wetlands seems to have led the positive change. Most of the cases analyzed and reflected in this study showed that the curricula were designed and applied not nationally but locally or school basis for efficiency.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.291-319
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• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• Korean Business Review
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• v.11
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• pp.439-464
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• 1998

Global electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in the 21st century. Electronic commerce offers considerable new opportunities for businesses and citizens in all regions of the world by enhancing productivity across all sectors 6f our economies and encouraging trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. In order to ensure the stable growth of electronic commerce in Korea, the government needs to construct a predictable legal and commercial environment, suitable to the situation in Korea, for business conduct on the Internet and other electronic method. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an agreement between contracting parties.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.48-57
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• 2009

As recent construction projects have gradually become larger in size and complex, construction documents such as drawings and specifications revealed the limitations that can not express all the necessary information. Due to the lack of stipulations on the contract, disputes arise among contracting parties. Traditionally, many construction companies in Korea make an unfair agreement with the clients so that the irrational items are included in their contract documents. Potential dispute factors are triggered as a result of misleading or omitted items on the written documents. This paper analyzed the civic counseling cases obtained from the public procurement service in Korea, and identified the potential dispute factors that can occur during pre-dispute stage alone with their influence analysis. The results found from this study can be used for the development of checklists that prevent the dispute in the process of construction projects.