• International conference on construction engineering and project management
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• 2011.02a
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• pp.526-533
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• 2011

Contracting is said to be a high-risk business, and a common cause of business failure is related to cash management. A contractor's financial viability depends heavily on how actual payments from an owner deviate from those defined in the contract. The paper presents a method for contractors to evaluate the punctuality and fullness of owner payments based on historical behaviour. It does this by classifying owners according to their late and incomplete payment practices. A payment profile of an owner, in the form of aging claims submitted by the contractor, is used as a basis for the method's development. Regression trees are constructed based on three predictor variables, namely, the average time to payment following a claim, the total amount ending up being paid within a certain period and the level of variability in claim response times. The Tree package in the publicly available R program is used for building the trees. The analysis is particularly useful for contractors at the pre-tendering stage, when contractors predict the likely payment scenario in an upcoming project. Based on the method, the contractor can decide whether to tender or not tender, or adjust its financial preparations accordingly. The paper is a contribution in risk management applied to claim and dispute resolution practice. It is argued that by contractors having a better understanding of owner payment behaviour, fewer disputes and contractor business failures will occur.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.173-198
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• 2010

The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• The Journal of Fisheries Business Administration
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• v.33 no.2
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• pp.49-74
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• 2002

This study examines, from an economic perspective, the reasons for introducing a resource taxe system into the Korean off-shore fisheries and the type of charges that can be introduced. Following a review of the charging systems in other advanced fisheries, we consider the types of charging scheme and some implications for the Korean off-shore fishing industry. Charges could be used for recovering part of fisheries management cost from the industry(i.e. administration, enforcement, research, etc). This can be justified on the grounds that the fishing industry is the main beneficiary of management and that it should therefore bear at least part of the cost involved. It is arguable that publicly-funded management is in effect a subsidy to the industry. Using charges to raise revenue in excess of the cost of management would represent the extraction of a public rent from the fishery resource, but the short-run financial consqquences for the industry would be significant. Results from a qualtitative analysis suggest that while any new charge will have a significant financial impact on the industry in the short run, a landings tax would have a lesser impact on fleet structure in the long run. The study also considers the possibility of a capital gains tax on license sales in order to recover some rent from the industry. Despite any short run-financial consequences, making the fishing industry pay for at least some of the cost of management could benefit the industry as a whole if there were more cooperation between industry and managers as a result. It is acknowledged, however, that there could be disputes over the relative management costs of different sectors of the industry. Even though this study makes few specific recommendations about charging the Korean off-shore fishing industry, it does advise that the issue be reviewed on the basis of the entire Korea fisheries. Finally, the study notes that insufficient data are available on the economic performance of the Korean off-shore fishing vessels and it recommands that a comprehensive system for the collection of costs and earnings data be put in place. It also suggests that MOMAF pay much attention to the permit right market and its transactions.

• Journal of Software Assessment and Valuation
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• v.16 no.2
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• pp.37-44
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• 2020

As the information society develops, various cases of copyright infringement have occurred. In many disputes between companies, software similarity appraisal is dominated. This thesis is a study on the method of calculating the similarity of the standards subject to appraisal. In other words, it is a study to calculate the amount of revision and addition of the specification to be assessed. The analysis method compares the table of contents of both specifications and finds the same or similar part. The similarity weight is determined according to the degree of similarity. Weights identify and assign the degree of similarity between the expert's expertise and the specification. If it is completely newly added, the similarity weight is 1, if it is partially modified, the similarity weight is 0.4, and if it is almost the same as before, it is calculated by giving a weight of 0.05. Through this paper, it was found that the result of calculating the similarity to the specification is 21.2 pages.

• Journal of Navigation and Port Research
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• v.38 no.1
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• pp.81-87
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• 2014

Today, it is a trend that the demand of offshore plants is constantly growing, along with the advances in technology which are thoroughly needed to the rise of international oil price as well as offshore energy development. In addition, The main sectors of ship building, sale & purchase and chartering market regarding various kind of offshore supporting vessels that supports the business of offshore energy development is now maintaining its steady growth. However, in domestic case, the contract of time charter occasions regarding the offshore support vessel are almost non-existing situation. Thus, the relevant practical study regarding to implementation of various kinds of legal disputes and applicable laws that can be properly applied in time charter and the field of sale & purchase needs to be conducted actively. Therefore, the concept of this study has included the wide comparisons of other special provisions with the existing time-charter by making its base on "Supply Time 2005" which is the worldwide standard form of time charter in offshore support vessel market and its investigation, aiming to provide practical guidance and procedure for implementation of arbitration and applicable law issues which can be applied in legal disputes between parties.

• The Journal of the Korea Contents Association
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• v.20 no.4
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• pp.571-581
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• 2020

There are large, medium, and small items in the evaluation test for medical interpreter professionals personnel and the criteria and level are not clear, which may cause confusion for those preparing for the test. Therefore, we would like to suggest that the qualification requirements for the medical translation ability test and the criteria for the evaluation items are consistent with the medical system in Korea. The survey on the medical interpreter competency test conducted was collected from domestic and foreign data, compared with similar test and overseas test. We also examined the perception of the test by experts with experience in developing and interpreting the medical interpretation test. As a result, in the 'International Culture' evaluation category, 'Language-oriented culture' was changed to 'Medical-oriented culture' and 'Interpretation ethics' was changed to 'Medical interpretation ethics'. In the evaluation items of the hospital system, the 'Medical Dispute Mediation Act', which is 「ACT ON MEDIATION OF MEDICAL DISPUTES」 of the middle item was changed the 「ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES」 and the Act also reduced the four items related to the 'Medical Tourism Law' to two and added the 「ACT ON SUPPORTING THE ADVANCEMENT OF MEDICAL OVERSEAS AND ATTRACTING FOREIGN PATIENTS」. If the Medical Interpretation Proficiency Test is prepared in accordance with the medical culture of Korea, it is expected that there will be a stable opportunity for professionals who pass the examination to act as experts.

• International Commerce and Information Review
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• v.17 no.3
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• pp.203-222
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• 2015

Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

• Korean journal of communication and information
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• v.52
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• pp.5-26
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• 2010

This study explores how major Korean television evening news report, interpret and evaluate the Korean Grand Canal Project(KGCP). For this research, 488 news clips regarding the KGCP are selected among the MBC, KBS and SBS daily evening news. As a result, the findings are as follows: First, the ratios of analyzing reports for MBC, brief reports for KBS, and straight news for SBS are outstanding. At the same time, the three news companies show that they are against the KGCP through the reporting attitudes. However, the most frequently broadcasted news frames is the authoritative political execution for both MBC and KBS, and the political agenda for SBS news respectively. In terms of the most frequently interviewed group for all three news is the government and ruling Grand National Party; they are the most favor of the authoritative political executions and the political agenda news frames. However, the NGO groups and the opposition parties which are against the KGCP support "Process" in terms of the frames activity. Finally, MBC speaks out the frame activity of "Process", supporting the political opposition parties and NGO groups. On the country, both KBS and SBS speak up the government and ruling party, supporting the KGCP, stressing frame activity of "Aspiration". This it concludes that both KBS and SBS are short of the social responsibilities as a social media mediator for the social disputes between the government and the NGO groups, including opposition parties.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.300-305
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• 2002

The construction project is a complex undertaking involving multiple participants. Conflicts are inherently natural in the construction projects and subsequently, a success of projects mainly depends on how well to cope with the conflicts. In the past, courts usually took the position that the professional's exposure in damages for negligent performance of any of his/her duties would not extend to strangers to the contractual arrangement. However, courts today generally reject that rationale which was earlier in vogue and protect architects, engineers, and contractors from being liable to third parties. It means that the lack of privity of contract could rarely protect a profession in a suit alleging the negligence or professional malpractice in preparing plans or specifications. The main goal of this paper is to enhance the understanding of the legal aspect of privity and to provide the trend of no-privity disputes through the analysis of lawsuit cases during the last 40 years. On the base of the analysis, importance of the third relationship and the liability in construction disputes is presented.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.47-82
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• 2019

Inter-Korean exchanges and cooperation, in the process, will inevitably lead to various legal disputes, one of which is the issue of compensation for personal injury. The purpose of this study is to present the standards of settlement of disputes between the residents of North and South Korea by examining the North Korean compensation law on the calculation of damages due to personal injury and comparing it with the South Korean compensation law. Understanding the North Korean compensation law is a critical and urgent task, as exchanges and cooperation between the two Koreas are expected to increase in the future. For the South Korean compensation law does not have specific provisions on the estimation of damages, the specific methods and standards for estimating damages are determined by court precedents. The South Korean courts categorize the damages caused by personal injury into active property damages, passive property damages and emotional distress damages and calculate the amount of each damages. On the other hand, the North Korean Compensation for Damage Act stipulates the categories of damage by dividing the cases of personal injury into 1) infringement of health(§41), 2) disability due to infringement of health(§42), and 3) death resulting from human infringement(§44). In addition, the North Korea Compensation for Damage Act specifies the calculation of compensation for damages(§43, §51). Furthermore, South Korea widely acknowledges emotional distress damages for personal injury, whereas North Korea does not recognize emotional distress damages in principle.