• Title/Summary/Keyword: IT disputes

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The Comparisons on the International Arbitration Systems between Korea and China (한.중 국제중재제도의 비교와 시사점)

  • Oh, Won-Suk;Li, Jing-hua
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.46
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    • pp.315-350
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    • 2010
  • The rapid growth of Korea-China trade that was since the establishment of diplomatic relations in 1992, led China to surpass the United States and Japan to become Korea's largest trading partner in 2009. "The largest trade" also means "the most disputes", so it is essential to study on dispute settlement and enforcement system of the two. Therefore, in order to make the traders correctly understand and use the arbitration as a dispute settlement method in both China and Korea, this article makes a comparative study on arbitration system between the two countries. And finally, it analyzes the enforcement situation of arbitral award in China, then provides the author's personal recommendations as a countermeasure against the poor enforcement system in China.

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Guideline for maxillofacial impairment rating of trigeminal nerve damage in the Korean (삼차신경손상의 장애평가에 대한 가이드라인)

  • Committee of Guides for Maxillofacial Impairment Rating, Committee of Guides for Maxillofacial Impairment Rating
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.38 no.6
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    • pp.384-393
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    • 2012
  • The trigeminal nerve, one of the cranial nerves, innervates the maxillofacial area and has three branches: the ophthalmic, maxillary, and mandibular nerves. Paresthesia, due to damages to the inferior alveolar nerve and mental nerve (branches of the mandibular nerve), is quite frequent in dental implants and third molar extractions. As medical disputes are increasing, it is necessary to formulate an objective and reasonable disability evaluation. When evaluating the frequent rate of impairment for inferior alveolar nerve damage, it may be reasonable to follow the criteria for the rate of maxillofacial impairment of the American Association of Oral and Maxillofacial Surgeons (AAOMS) - the most scientific and reputable criteria based on the American Medical Association (AMA). Therefore, the Committee of Guides for Maxillofacial Impairment Ratings, in the Korean Association of Oral and Maxillofacial Surgeons (KAOMS), is trying to suggest more reasonable and realistic guidelines for evaluating impairments by reviewing the current evaluation criteria and those of AMA and AAOMS.

Protection of Intellectual Properties Rights in Korean Fashion Industries (한국패션기업의 지적재산권 보호실태에 관한 연구)

  • 김용주
    • Journal of the Korea Fashion and Costume Design Association
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    • v.3 no.2
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    • pp.5-21
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    • 2001
  • The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.

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A Study on the Sectoral Spread of Arbitration in Korea: Focusing on the Introduction of Criminal Arbitration (한국중재의 분야별 확산에 관한 검토 - 형사중재의 도입을 중심으로 -)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.1-23
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    • 2012
  • Defamation on the Internet is a criminal offense. Of late, the damage it has been causing has grown exponentially. Here, we suggest some ideas to expand the use of arbitration in Korea. We suggest that all disputes arising in connection with current contracts be settled under the rules of conciliation and arbitration. As a countermeasure to the requirements for defamation or damages, the field of criminal arbitration regulations needs to be defined strictly. In conclusion, the UK does not make provisions for arbitration as a specific subject. With respect to foreign legislation, it is necessary to take a look at ways to expand arbitration in our country. The scale of arbitration must be expanded to allow for greater protection of criminals in exchange for their cooperation in arbitration cases and relative to the amount of the damages in dollars. There must also be detailed instructions regarding the eligibility criteria for and proper handling of these arbitration cases.

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Conjoint Analysis for Contract Strategy for Promoting Successful Transfer of Patented Technology in Korean University (특허기술의 성공적인 거래 촉진을 위한 컨조인트 분석)

  • Ku, Min Joung;Sohn, So Young
    • Journal of Korean Institute of Industrial Engineers
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    • v.34 no.3
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    • pp.355-361
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    • 2008
  • Technology developers in academia tend to be short of professional knowledge and recognition of technology transfer strategies. It is even severe in Korea where the concept of employee's invention has just started to effect in academia. Wasteful contract negotiation disputes cannot only be painful but also can hamper better invention. The main purpose of this paper is to design guidelines for an optimal contract strategy for technology transfer from the perspective of the technology developer in academia, the intermediary and the receiver. Applying conjoint analysis, this study shows not only the relative importance of the attributes related to the technology transfer contract but also the most important conditions of the contract. It is expected that this study may improve the efficiency of technology transfer activities in academia in Korea.

The Sale and Supply of Goods to Consumers Regulations 2002 in Comparison with the United Nations Convention on International Sale of Goods 1980 (SGA개정안과 CISG의 비교연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.83-112
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    • 2003
  • This study primarily concerns the Sale and Supply of Goods to Consumers Regulations 2002, focusing on the newly amended rules of the Sale of Goods Act(1979). It describes and analyzes the provisions of Regulations 2002 in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It also attempts to compare the rules of Regulations 2002 with those of CISG and to evaluate them in light of the discipline of Law and Economics the basic question of which is whether a solution from one jurisdiction may enhence 'efficiency', serving the goal of reducing negotiation costs through providing a set of default terms, and through imposing an efficient solution which may assist value maximizing exchange where disputes arise.

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Analysis of Construction Types Causing Secondary Defects in Apartment Buildings (공동주택의 2차 하자 유발공종 분석)

  • Huh, Yung-Chul;Ju, Jae-Hyun;Bang, Hong-Soon;Kim, Ok-Kyue
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2019.05a
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    • pp.74-75
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    • 2019
  • There are certain types of construction that produces many defects during the construction of apartment buildings. It may be due to construction errors in the type itself, but more often, it is due to defects derived from other types of construction. Thus, to reduce such secondary defects and prevent fundamental defects in particular types of construction, academic research on the types of construction causing secondary defects should be actively conducted. In addition, as claimed in this study, the industries should work harder to improve the quality of the type of construction that causes secondary defects, rather than just trying to improve the ostensible problems. If the efforts of each sector are backed up, the disputes over defect repair in apartment building construction will reduce in general, which in turn will lead to a reduction in national loss within the construction industry.

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A Study on Development and Application of Noise Estimation System for Floor Noise in Apartment Buildings (공동주택 층간소음의 소음 발생 위치 추정 시스템 개발 및 적용에 관한 연구)

  • Yun, Gee-Hyei;Kim, Sang-Yong
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2019.11a
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    • pp.203-204
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    • 2019
  • Recently, the number of conflicts and complaints related to noise between floors is increasing every year. It is essential to acquisition objective noise data in order to resolve legal disputes over floor noise. However, specialized equipment for noise acquisition is difficult for ordinary apartment dwellers to use. In addition, in order to solve the problem of inter-layer noise, it is most effective to locate and remove the noise. Therefore, this study proposes a floor noise monitoring system for the measurement of floor noise and estimation of the noise source that can be measured without a professional device.

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CONSTRUCTABILITY REVIEWS: A STRATEGIC PROCESS IN DESIGN DEVELOPMENT

  • Patrick T.I. Lam;Franky W.H. Wong
    • International conference on construction engineering and project management
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    • 2007.03a
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    • pp.1-8
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    • 2007
  • Construction designs are often produced with insufficient considerations on the constructability aspects. Poor constructability has resulted in delay, cost increase, disputes, safety hazards and inconvenience to the public. Increasingly, there has been a call for more systematic input of construction knowledge in the planning and design processes of modern day's infrastructure development. In some countries, notably the US, the practice of constructability reviews is on the rise, with concomitant benefits. It is advocated that construction plans and designs be subject to constructability reviews as early as possible. It should be made part of the project management strategy driven by the client. This paper outlines the constructability review process and benefits, whilst drawing lessons from a number of case studies.

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COMPARATIVE STUDY ON LEGISLATION OF CONSTRUCTION EXPENSE PAYMENT BETWEEN CHINA AND TAIWAN REGION

  • Tian Han;Shuzo Furusaka;Tsung-Chieh Tsai
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.692-699
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    • 2009
  • In China, the Reform-Open policy was executed in 1978. During the following 30 years, the economic regime in China had been changed to a socialist market economy from a socialist planned economy, and the construction industry in China has been achieved high economic growth. However, as the construction project increasing, a lot of problems which affect the construction expense payment occur. And it is a fact that the construction expense payment disputes have become a serious problem now. Therefore, it is necessary to discuss the problem of Chinese construction expense payment. In this paper, we would like to clarify the difference of the legislation of construction expense payment between China and Taiwan Region.

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