• Journal of Arbitration Studies
• /
• v.23 no.3
• /
• pp.1-23
• /
• 2013

Form requirements particularly for arbitration clauses are widely perceived as an obstacle for efficiently resolving disputes on an international level. The paper discusses the recent suggestion that the freedom of form principle under Art. 11 CISG extended to arbitration, forum selection, or choice of law clauses in international sales contracts and thus superseded any and all formal requirements in this regard. After analysing national and international form requirements with regard to said clauses, the authors elaborate that while dispute clauses are indeed encompassed by the CISG's scope of application, freedom of form under the CISG was neither intended to nor should it apply to dispute clauses. This result is further confirmed by the interplay of the CISG with other international conventions, first and foremost the 1958 New York Convention, as well as a careful analysis of the so called most-favourable-law-approach.

• The Korean Journal of Ecology
• /
• v.25 no.1
• /
• pp.59-62
• /
• 2002

Dokdo, which is located in the middle of the East Sea, is a small island tilth a total area of 0.186 $\textrm{km}^2$. However, this small island, with its mild oceanic climate, has rich bio-resources and picturesque natural surroundings. Dokdo in the crystaline waters and In the central area of the deep sea is a treasury of algaes (sea oak, sea mustard, gulf weed, laver, agar-agar, etc.), molluscs (squid, ear shell, conch, etc.) and fishes (Alaska pollack, anchovy, saucy, herring, etc.). On the other hand, there are a lot of grasses and various kinds of grasses on the land of Dokdo. And a lot of back-tailed gulls (about 20,000 Individuals) live on this island. There have been disputes on the sovereignty over Dokdo between Korea and Japan. Japan has claimed sovereignty over Dokdo since Japan incorporated the island into Japanese territory in 1905 when it occupied the Korean Peninsula by force. Korea governed Dokdo not only before 1905 but also after its liberation in 1945. The Korean government, while heavily financing building facilities like pleas and quays, is endeavoring to preserve the natural surroundings of this island.

• Journal of Arbitration Studies
• /
• v.10 no.1
• /
• pp.26-46
• /
• 2000

International arbitration has been recognized as an effective dispute resolution method. Among the arbitration institutions, the ICC(International Chamber of Commerce) international court of arbitration is one of the most well-known and frequently chosen organizations to which international claimants have resorted, when they were confronted with international disputes. In this paper, costs in the ICC arbitration are compared with those in the KCAB(Korean Commercial Arbitration Board) arbitration. seeking efficient ways to reduce the costs while maximizing the quality of arbitral awards. Three main points about costs in the ICC arbitration and the KCAB arbitration are discussed and analysed, First, the cost structures are analysed and decomposed into manageable units. Second, the cost allocation is discussed to clarify its proportional responsibility among the arbitration parties. Third, how advances in arbitration costs are conducted is examined to explore a well established procedure of arbitration. In conclusion, the KCAB arbitration procedure has been found faster and cheaper than the ICC arbitration procedure in terms of time and costs, respectively. However, it can be cautiously suggested that the quality of arbitral awards made by the KCAB is not necessarily higher than that made by the ICC.

• Journal of Arbitration Studies
• /
• v.30 no.1
• /
• pp.87-111
• /
• 2020

Smart contracts are implemented by blockchain technology, which stores the terms of the contracts of both parties on the blockchain. In the event of an international dispute over smart contracts and blockchains, no special solution has been proposed, such as the enactment of the International Unification Act. The blockchain platform which operates smart contracts is decentralized and operates through distributed nodes around the world without central servers, making it difficult to establish jurisdiction and governing laws. As an alternative to traditional dispute-solving methods, a new mediation model-smart arbitration-is being attempted. The arbitration process is likely to be a preferred means of resolving disputes over smart contracts in practice. There are many problems, such as the fairness of the arbitration center on the selection and judgment of arbitrators, the question of securing reliability, the question of the validity of the arbitration agreement, and how much the court can be involved in the case. Preparations at the national level, such as fostering blockchains and smart contract experts, and overhauling the legal system, are needed.

• Journal of Arbitration Studies
• /
• v.30 no.1
• /
• pp.185-198
• /
• 2020

In the event of a medical conflict in South Korea, civil lawsuits can be very complicated, time-consuming, and costly. Under the Medical Conflict Conciliation Act, the mediation system has expanded its function to coordinate disputes between individuals and medical institutions in a more efficient manner prior to litigation. Currently, conflict mediation organizations and legal systems are established in each sector, and the Healthcare Dispute Settlement Commission will also play an important role in the public sector. In this study, the characteristics of the evaluation system of the Korea Institute of Medical Conflict Arbitration are examined; and, by looking at the case of medical examinations, it is proposed to show the mediation system and the manner and role of the examinations. Medical expertise is a very important area of the qualitative standards and expertise of participants because the participants must play a role in medical consultation and appraisal in connection with medical experts.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
• /
• 2000.06a
• /
• pp.940-948
• /
• 2000

Noise and vibration generated at construction sites become serious issues because of bigger construction projects and growing use of heavy equipment. Especially in downtown construction, noise and vibration easily exceed the legal standards that can suffer the most of surrounding residents. The number of complaints by the residents who are exposed to the noise increases as their consciousness grows. However, the Korean regulations for the construction noise and vibration only present the overall limits for target areas and times zones, and this make it difficult to take effective measures. Also in rural area, disputes between construction sites and residents arise, but the dispute resolution or taking measures are difficult because clear standards concerning cause-and-effect, estimation of effective levels, calculation of damages, and future precautions and examples lack. This paper describes legal standards regarding the noise and vibration and presents judging standards for the physical damages. This paper also introduces example public complaints that happened at Daewoo construction sites to describe the problems in the existing law and further to enable smooth construction progresses by emphasizing the seriousness of public complaints.

• The Korean Society of Law and Medicine
• /
• v.14 no.2
• /
• pp.11-41
• /
• 2013

Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

• 한국무역상무학회:학술대회논문집
• /
• 2004.12a
• /
• pp.149-170
• /
• 2004

Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• v.10 no.4
• /
• pp.1864-1876
• /
• 2016

Card-Not-Present (CNP) transactions taking place remotely over the Internet are becoming more prevalent. Cardholder authentication should be provided to prevent the CNP fraud resulting from the theft of stored credit card numbers. To address the security problems associated with CNP transactions, the use of a virtual card number derived from the transaction details for the payment has been proposed, instead of the real card number. Since all of the virtual card number schemes proposed so far are based on a password shared between the cardholder and card issuer, transaction disputes due to the malicious behavior of one of the parties involved in the transaction cannot be resolved. In this paper, a new virtual card number scheme is proposed, which is associated with the cardholder's public key for signature verification. It provides strong cardholder authentication and non-repudiation of the transaction without deploying a public-key infrastructure, so that the transaction dispute can be easily resolved. The proposed scheme is analyzed in terms of its security and usability, and compared with the previously proposed schemes.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2018.05a
• /
• pp.298-299
• /
• 2018

The construction liability type CM has been introduced in the form of a pilot project through public institutions since 2017 since it was introduced in the term of construction responsibility type construction project management in the Basic Law of Construction Industry in 2011 with the aim of improving the constitution of the Korean construction industry and strengthening global competitiveness. Through the introduction of construction-responsible CM, the government intends to change the paradigm of the overall construction industry, including design and construction, construction costs, disputes between stakeholders, and transparency of business. In this regard, the study aims to compare and analyze the evaluation methods on the bidding guide that public institutions (LH) are currently using to select companies in order to lay the foundations for successful construction of construction-responsible CM ordering methods.