• Journal of Arbitration Studies
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• v.24 no.4
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• pp.147-175
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• 2014

In contracts for the international sale of goods, a seller must deliver appropriate goods and hand over relevant documents according to a contract, which will transfer the ownership of the goods to a buyer. In this case, if there are defects in the contracted goods, the warranty liability will occur. However, in the United Nations Convention on Contracts for the International Sale of Goods (CISG), a term-the conformity of the goods to the contract-is used universally instead of the warranty. According to the CISG, a seller must deliver goods in conformance with the relevant contract in terms of quantity, quality, and specifications, and they must be contained in vessels or in packages according to the specifications in the contract. In addition, a certain set of requirements for conformity will be applied implicitly except when there is a separate agreement between parties. Further, the base period of conformity concerning the defects of goods is the point when the risk is transferred to the buyer. A seller shall be obliged to deliver goods that do not belong to a third party or subject to a claim then, and such obligations shall affect the right or claim of a third party to some extent based on intellectual property rights clauses. If the goods delivered by the seller lack conformity, or incur right infringement or claim of a third party, then it shall be regarded as a default item per the obligation of the seller. Thus, the buyer can exercise diverse means of relief as specified in Chapter 2, Section 3 (Article 45-Article 52) of the CISG. However, such means of relief have been utilized in various ways for individual cases as shown in judicial precedents made until now. Contracting parties shall thus keep in mind that it is best for them to make every contract airtight and they should implement each contract thoroughly and faithfully to cope with any possible occurrence of a commercial dispute.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.21-54
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• 2011

International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.

• Journal of the Korean Society of Marine Environment & Safety
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• v.15 no.1
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• pp.71-78
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• 2009

Korea Marine Environment Management Corporation (KOEM) has waste oil facilities in 13 ports to collect and treat waste oil, bilge, etc. from ships based upon the Marine Environment Management Act of Korea and MARPOL 73/78 convention. Those facilities were designed and have been operated simply to discharge water under the level 15 ppm of oil contents. However, bad smells occurred from rotten organic matters in waste water and direct discharge of harmful substances to receiving water caused civil appeals. Therefore, KOEM tried to develop new process for treatment of oily waste water from ships, which could mitigate harmful substances, save cost, calm down civil appeals and contribute to marine environment preservation. This process consists of 3 steps to remove oil contents via gravity variation at first, $O_3$ input to contact water and organism deposition by inputting condensate deposits. Then finally upper water will be discharged, and the deposited substances in the bottom will be compressed through spinning machine to transfer to the designated contractors for treatment of wastes. This is very effective and innovative in that it could reduce 3 or 4 steps compared with existing process and mitigate not only waste oil concentration but also hard resolving materials such as colloid, ABS, phosphorus, nitrogen and bad smells. This method is expected to minimize bad smells and harmful gases, to save more than 10% of maintenance cost, and to arrange the good base for garbage treatment business dealing with waste water and bad smell.

• Management & Information Systems Review
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• v.29 no.3
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• pp.71-96
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• 2010

This article firstly reviewed Permanent Established(PE) concept of OECD and UN model tax treaty and compared it with that of Korean Corporate Income Tax Law(CITL). The various factors regarding profit like ways of deciding the local source profit, scope and calculation method which will be imputed to PE were also reviewed. Based on above, standard PE judgement basis and calculation method of local source profit were also studied by using actual cases in foreign corporation which performs plant construction & sales in Korea. Accordingly to properly solve the conflict regarding international tax and to protect the tax authority against the foreign corporation in Korea, by standing on equality, I now propose followings for the better concept of PE in Korea. Firstly, the article that a building site or construction or installation project constitutes a PE only if it lasts more than 6 months should be modified to reflect OECD model convention's criteria of 12 months. Second, the scope of 'subordinate attorney' which is regarded as PE under CITL is now including 'holding-delivery attorney', 'order attorney', and 'assurance attorney' as well as 'contract attorney'. This is overly limit the activities of foreign corporation. It had better be loosened only to include 'contract attorney' as OECD provisions. Third, the CITL limits the cases of preparatory and/or auxiliary place which is not regarded as PE, thus limit the foreign corporations' business by expanding the concept of PE. This had better be eased. Fourth, in deciding the amount of local source profits, the CITL stipulates to split the profits by the relevant contribution of transaction parties through 'profit split method'. To solve the conflict, the ways of profit split must be better clarified through providing object and detailed standard and basis.

• Korean Journal of Plant Taxonomy
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• v.47 no.2
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• pp.154-160
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• 2017

The Korean plant names Changpo and Sukchangpo, including their related names Suchangpo and Kyeson, were somewhat confusingly used in both the Korean classics and even now. To clarify these names, the names written in the Chinese classics and the Korean classics were examined closely and compared to those of the modern flora of China and Korea. In the Chinese classics, Changpo and Sukchangpo were considered as conspecific with Acorus calamus, which has leaves with distinct veins, whereas Sukchangpo and Kyeson have leaves without distinct veins and are considered as A. gramineus. However, in the Korean classics, these names have been confusingly used thus far. Sukchangpo and Gyeson were considered as A. gramineus, and Sukchangpo and Changpo were considered as A. calamus, erroneously. Therefore, the following corrections are needed: plants having distinct leaf veins were named Changpo (A. calamus), and plants having vague leaf veins were named Sukchangpo (A. gramineus), and the names of Sukchangpo and Kyeson should be discarded to avoid confusion. In addition, to respond to the Convention on Biological Diversity, we propose a study to clarify the taxonomic identities of the plant names written in Chinese script and an examination of the Korean plant names listed in the Korean classics.

• Journal of Climate Change Research
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• v.9 no.2
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• pp.181-195
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• 2018

On December 12, 2015, the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) adopted the Paris Agreement, in which several developed and developing countries all committed to participating in the reduction of greenhouse-gas (GHG) emissions. South Korea has submitted an intended nationally determined contribution (INDC) proposal with a target to cut down 37% greenhouse gas business as usual (BAU) until 2030 in preparation for the 2030 GHG BAU. Under the post-2020 regime, which will be launched from 2021 as the agreement entered into force early, it is expected that efforts to support GHG reduction and adaptation to climate change in developing countries will be accelerated with the utilization of technologies and financial resources of developed countries. South Korea has established the Basic Plan for Climate Change Response and the Basic National Roadmap for Greenhouse Gas Reductions by 2030 to promote the response to climate change at the government level. The Ministry of Science and ICT, as the National Designated Entity designated by the UNFCCC, has come up with middle and long-term strategies for climate technology cooperation. South-Korea has an abundance of energy-consuming industries to support its export-oriented industrial structure; it is thus expected that achieving the GHG reduction target will incur a considerable cost. Moreover, in order to meet the reduction target (11.3%) of the intended nationally determined contribution proposed by South Korea, it is necessary for South Korea to actively promote projects that can achieve GHG reduction achievements, and financial resources are needed as leverage to reduce risks that can occur in the early stages of projects and attract private sector investment. This paper summarizes the theoretical discussions on climate finance and conducted a comparative analysis on the status of the funds related to climate change response in the UK, Germany, Japan and Denmark. Through this, we proposed the legal and policy tasks that should be carried forward to raise public funds that can be used for creation of new industries related to climate change as well as to reduce GHG emissions in South Korea. The Climate Change Countermeasures Act, which has been proposed by the National Assembly of South-Korea, stipulates the establishment of funds but there is no additional funding except for general account. In this regard, it is also possible to take measures such as the introduction of carbon tax or the collection and use of royalties through technology research and development projects for climate change, such as Industrial Technology Innovation Promotion Act. In addition, since funds are used in various fields such as domestic greenhouse gas reduction, technology development, and overseas projects, it is necessary to establish a system in which various ministries cooperate with the operation of the fund.

• Journal of Digital Convergence
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• v.20 no.5
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• pp.227-232
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• 2022

This study is an exploratory study on the sustainable management of MICE events, and was conducted using the FGI method. Twelve experts in the MICE field, industry, and academia were selected as the subjects of the study. The reason is that understanding and specialty of those targets provides research reliability and validity. The study period was 3 months from June to August 2021. As a result, it is very important to prepare a sustainable development strategy in the MICE industry, and in particular, the need for guidelines to be practiced during event operation from the organizer's point of view was derived. In addition, to derive items that can be used in practice based on the theoretical basis, and it was necessary to derive research results using internationally recognized Sustainable Development Goals (UNSDGs) and sustainable MICE research developed in the fields of tourism and MICE. Therefore, through the verification of such experts in the field of MICE, theoretical and practical guidelines from the perspective of the organizer that can be used when holding MICE were developed. The results of the study will provide implications for establishing more effective strategies for hosting sustainable MICE events in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

• Proceedings of the KSPS conference
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• 2000.07a
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• pp.235-240
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• 2000

In the age of global communication, more human exchange is extended at the grass-roots level. In the old days, language policy and language planning was based on one nation-state with one language. But high waves of globalizaiton have allowed extended human flow of exchange beyond one's national border on a daily basis. Under such circumstances, homogeneity in Japan may not allow Japanese to speak and communicate only in Japanese and only with Japanese people. In Japan, an advisory report was made to the Ministry of Education in June 1996 about what education should be like in the 21st century. In this report, an introduction of English at public elementary schools was for the first time made. A basic policy of English instruction at the elementary school level was revealed. With this concept, English instruction is not required at the elementary school level but each school has their own choice of introducing English as their curriculum starting April 2002. As Baker, Colin (1996) indicates the age of three as being the threshold diving a child becoming bilingual naturally or by formal instruction. Threre is a movement towards making second language acquisition more naturalistic in an educational setting, developing communicative competence in a more or less formal way. From the lesson of the Canadian immersion success, Genesee (1987) stresses the importance of early language instruction. It is clear that from a psycho-linguistic perspective, most children acquire basic communication skills in their first language apparently effortlessly and without systematic and formal instruction during the first six or seven years of life. This innate capacity diminishes with age, thereby making language learning increasingly difficult. The author, being a returnee, experienced considerable difficulty acquiring L2, and especially achieving native-like competence. There will be many hurdles to conquer until Japanese students are able to reach at least a communicative level in English. It has been mentioned that English is not taught to clear the college entrance examination, but to communicate. However, Japanese college entrance examination still makes students focus more on the grammar-translation method. This is expected to shift to a more communication stressed approach. Japan does not have to aim at becoming an official bilingual country, but at least communicative English should be taught at every level in school Mito College is a small two-year co-ed college in Japan. Students at Mito College are basically notgood at English. It has only one department for business and economics, and English is required for all freshmen. It is necessary for me to make my classes enjoyable and attractive so that students can at least get motivated to learn English. My major target is communicative English so that students may be prepared to use English in various business settings. As an experiment to introduce more communicative English, the author has made the following syllabus design. This program aims at training students speak and enjoy English. 90-minute class (only 190-minute session per week is most common in Japanese colleges) is divided into two: The first half is to train students orally using Graded Direct Method. The latter half uses different materials each time so that students can learn and enjoy English culture and language simultaneously. There are no quizes or examinations in my one-academic year program. However, all students are required to make an original English poem by the end of the spring semester. 2-6 students work together in a group on one poem. Students coming to Mito College, Japan have one of the lowest English levels in all of Japan. However, an attached example of one poem made by a group shows that students can improve their creativity as long as they are kept encouraged. At the end of the fall semester, all students are then required individually to make a 3-minute original English speech. An example of that speech contest will be presented at the Convention in Seoul.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.