• Journal of Arbitration Studies
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• v.33 no.2
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• pp.85-108
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• 2023

In international commercial arbitrations that arise from an international commercial contract, arbitral tribunals ruling on the merits of the arbitration apply the law governing the contract. The parties to contract are free to designate the law under the principle of parties autonomy. This paper examines this principle under the Korean Arbitration Act, and makes some legislative suggestions. For this purpose, this paper first discusses what is the scope of matters covered by the law governing the contract, what are the rules of conflict-of-laws for determining the law governing the contract, and what happens when the arbitral tribunal incorrectly applies the law governing the contract? Then, this paper further goes to examine issues such as the form of choice-of-law agreement, the explicit or implicit choice of law, the parties' ability to choose the rules of law including lex mercatoria, the change of choice-of-law agreement, the independence of choice-of-law clause.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.245-272
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• 2004

This study is focused on the cases that Korean hotels stepped into international airports, public facilities, and successfully solved the contract related disputes by using arbitration in accordance with arbitration law. This case study on arbitration derives the hotel management strategy points as follow: 1. It must be a good chance for a famed hotel to step into international airports that have big publication effect. The feasibility study focused on marketing feasibility rather than finance feasibility may, however, not be good. 2. Written contract is required in entering into a contract with government organizations. However, oral contract still exists. 3. If the contract is made to always pay the higher amount between annual minimal guarantee and sales rate in expenses of store using charge, such contract shall cause very hard sales environment from the initial stage of the contract. 4. The airports have made optional contracts for national service. Such optional contracts are, however, not free from public criticism. 5. This case study is the first case study on arbitration applied to hotels. This study shall be, therefore, frequently referred to in setting a management strategy of hotels that want to run restaurants in another facility outside themselves.

• Korea Trade Review
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• v.42 no.6
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• pp.87-110
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• 2017

The purpose of this paper is to investigate the roles and effects of FTAs (Free Trade Agreements) in agroindustrialization, and to navigate its implication for the government support for the utilization of FTAs in the agriculture sector. The paper, in particular, is based on a case of contract farming, which has often referred as the key factor of agroindustrialization. By doing this, this paper has the importance academically in enhancing the study of FTA utilization to the study of agroindustrialization, and practically in exploring the implication for the FTA implementation policy that provides fundamental solutions to the issues of agriculture sector. As the results of this study, it is highlighted that the role of government that intermediates, monitors, and controls the equal and the fair relationship between the agribusiness firms and farms is essential for the further progress of agroindustrialization under the keen competition created by FTAs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• Journal of English Language & Literature
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• v.55 no.5
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• pp.793-820
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• 2009

The studies of correspondence between novel and nation-state, among which The Rise of the Novel by Ian Watt is supposed to be the first book, have flourished for more than twenty years, encouraged by Benedict Anderson's and Cathy Davidson's works. According to them, the novel should come simultaneously with, or after the foundation of the nation-state, and testify to its production or the emergence of its subject/citizen. This paper questions about these prepositions, trying to introduce a new paradigmatical approach, "between global and transnational historical approach," to first novels in transatlantic areas including England and atlantic coastal areas. In its complex relation to a variety of colonial, post-colonial, and transnational geopolitics, various cultural practices such as history, traveler's tales and epistolary novels can be included in the genre of the novel. The idea of the sexual contract by Carole Pateman is very useful because it helps more clearly understand the nature of relation between men and women in the capitalist reproduction, while the social contract tells about the relation between men as citizens. Unlike Freud in Totem and Taboo, Zilboorg argues that there were primordial and violent scenes such as rape before the first sexual contract. This paper will illuminate that "the rise of the novel" corresponded with the emergence of the sexual contract. In the so-called first novel Pamela, the heroine Pamela was threatened to be violated by Mr. B., and was really even confined in his cottage. Mary Rowlandson's The Captive Narrative shows that her body was confined as an English female captive, and troubled with imaginary rape by Indians which resulted in the unequal sexual contract between her and her puritan community in America. However, Leonora Sansay's Secret History in an alternative communality, which was not a nation-state, was different from both novels mentioned above, in that it shows the possibility of emancipation from their unequal marriage, the sexual contract. Therefore, it can be argued that "between global and transnational historical approach" has a possibility to provide a new vision of global sisterhood and solidarity to recognize globalized women's violence, and free themselves from the unequal sexual contract.

• Journal of Cadastre & Land InformatiX
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• v.49 no.1
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• pp.5-15
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• 2019

This study is to review methodological limitations of previous studies, propose Tobit Model as an analysis model. We model used annual rent-free as dependent variable and considering to contract characteristics and building characteristics as independent variable. We model was consisted to the three model as follow: Basic model, Time control model, Quadratic model. As a result of the analysis, existing variables revealed through previous studies such as contract period, contract area, total floor area, and building age were all statistically significant. These results were robust when considering time effects. Also, floor area and annual rent-free was quadratic relationship by inverse U shape. This result provide to methodological contribution for related research. Also, provide to more accurate information for participants in seoul office market.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.3-37
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• 2003

English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

• Proceedings of the Korean Society of Propulsion Engineers Conference
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• 2007.11a
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• pp.267-270
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• 2007

Korea Aerospace Research Institute(KARI) made a scramjet engine test contract with the University of Queensland in October 2006. The experiments were conducted at Mach 7.6, Altitude 31.2 km condition in the T4 free piston-driven shock tunnel in June 2007. In this paper, the short introduction and data processing technique of the T4 free piston-driven shock tunnel will be explained.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.239-255
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• 2009

The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

• Korean Journal of Poultry Science
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• v.39 no.4
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• pp.269-271
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• 2012

The chicken has been growing in Korea for more than a thousand years according to the history book and commercially rising for broiler meat only since 1960's. As income increased mainly due to improved economy, it changes the habit of eating especially chicken meat. The structure changes into a coordinated production and marketing system which forced the prevailed small and independent producers to become a contract farmer under the vertically controlled practices. This coordinated structure began in 1970's and evolved continually to occupy around 90 percent of the market in 2010 with some ten (10) private brands being advertising. The industrial organizations have also conducted the generic promotion by a farmer's check-off program. Over the past 20 years, chicken import steadily increased to meet about 25 percent of the domestic market while the export showed negligible growth. As a whole, the structure change and international trade devoted to increased chicken consumption from 2 kg with the independent operation to 11 kg currently under the coordinated system and import. It is predicted that chicken consumption will grow in years to come and the import will also increase in addition to local productions, considering the free trade agreement that has already been in practice with EU and US to open the market eventually from all sources of supply worldwide.