• Journal of Arbitration Studies
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• v.29 no.2
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• pp.161-199
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• 2019

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

• Journal of the Korea Institute of Building Construction
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• v.20 no.6
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• pp.515-525
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• 2020

The recent increase in lawsuits and disputes caused by defects in apartment houses has been highlighted as a social issue. To solve this problem, studies were conducted on the type of defects in apartment houses. However, the problem has not been resolved amicably. Accordingly, it was emphasized that it was necessary to lay a groundwork for research on the types of defects by type of construction work in the recently constructed apartment houses and to present countermeasures and preventive measures for defects later. Therefore, this study investigated cases of defects in apartment houses and analyzed types of defects through PMIS and defect reports. The main purpose of the research is to present the causes for major types of defects by identifying the types of defects in apartment houses and to lay the goundwork for the study of countermeasures and preventive measures for each type of defects in the future.

• Journal of Convergence for Information Technology
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• v.11 no.1
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• pp.102-108
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• 2021

In this research, we would like to understand the measures to be taken in the event of a patent dispute by Chinese companies that are growing rapidly and competing with Korean companies in the global market, at a time when the fusion and compounding technology are accelerating. For this reason, the patent dispute countermeasures shown in the previous research were derived through deep interviews with experts, and a questionnaire survey was conducted with patent practitioners of Chinese companies. As a result of the analysis, the importance of cross licensing, patent invalidation proceedings, proceedings through collaboration with other companies, royalty payments, and patent invalidation proceedings in the case of a patent dispute in the Chinese industry is high. Shown. The results of this study provide practical guidelines to help corporate patent practitioners understand the best course of action in the event of a patent dispute, respond in a timely manner, and save time and money. It seems that it can be done.

• Analyses & Alternatives
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• v.5 no.1
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• pp.25-57
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• 2021

As the strategic competition between the United States and China for global hegemony intensifies, China is using economic sanctions against other countries more and more frequently. Republic of Korea, which has China as its largest trading partner but is an ally of the United States, is more likely to be a target of economic sanctions, as seen in China's retaliation toward its deployment of a THAAD missile-defense system. Against the background, this paper analyzes China's economic sanctions, especially focusing on its informality. China does not publicly declare economic sanctions in most cases, such as Korean one, in which the trade structure is in its favor and can take advantage of its position as a big buyer with huge markets. However, China responds in a more open and formal manner when it is related to its core interests, when it is impossible to exert substantial sanctions effect and when mutual disputes intensify and cannot maintain informality. Korea, which is vulnerable to China's informal economic sanctions, should prepare for them by analyzing the characteristics of China's economic sanctions in depth and thinking about various strategies and measures in advance.

• Journal of Software Assessment and Valuation
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• v.17 no.1
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• pp.11-16
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• 2021

The importance of software is increasing due to the development of information and communication, and software copyright disputes are also increasing. In this paper, the source of the submitted programs and the files necessary for the execution of the program were taken as the scope of analysis. The large-capacity file transfer solution program to be analyzed provides additional functions such as confidentiality, integrity, user authentication, and non-repudiation functions through digital signature and encryption of data.In this paper, we analyze the program A, program B, and the program C. In order to calculate the program similarity rate, the following contents are analyzed. Analyze the similarity of the package structure, package name, source file name in each package, variable name in source file, function name, function implementation source code, and product environment variable information. It also calculates the overall similarity rate of the program. In order to check the degree of agreement between the package structure and the package name, the similarity was determined by comparing the folder structure. It also analyzes the extent to which the package structure and package name match and the extent to which the source file (class) name within each package matches.

• Journal of Software Assessment and Valuation
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• v.17 no.2
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• pp.31-38
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• 2021

In order to analyze the similarity of the source code object material, the source code on both sides must be able to be compiled and executed. In particular, in the case of hardware-integrated software, it is necessary to check whether the hardware interface matches. However, currently, the source code is provided in an incomplete state which is not original of source code used in developing steps. The complainant confirms that the executing characteristics are similar to their own in the expression and function of the output, and request an evaluation. When a source code compilation error occurs during the evaluation process, the experts draw a flowchart of the source code and applies the method of tracing the code flow for each function as indirect method. However, this method is indirect and the subjective judgment is applied, so there is concern about the contention of objectivity in the similarity evaluation result. In this paper, the problems of unverified source code similarity analysis and improvement directions are dealt with, through the analysis cases of source code disputes applied to embedded systems.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.21 no.6
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• pp.36-56
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• 2022

Traffic accidents occur in Korea are calculated with the 「Automobile Accident Negligence Ratio Certification Standard」 prepared by the 'General Insurance Association of Korea' and the insurance company's agreement or judgment is made. However, disputes are frequently occurring in calculating the negligence ratio. Therefore, it is thought that a more effective response would be possible if accident type according to the standard could be quickly identified using traffic accident information prepared by police. Therefore, this study aims to develop a model that learns the accident information prepared by the police and classifies it to match the accident type in the standard. In particular, through data mining, keywords necessary to classify the accident types of the standard were extracted from the accident data of the police. Then, models were developed to derive the types of accidents by learning the extracted keywords through decision trees and random forest models.

• Korea Trade Review
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• v.42 no.4
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• pp.139-157
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• 2017

Whether an investor can invoke a dispute settlement procedure stipulated in other BIT based on the MFN clause in the original BIT is an important issue. There is a difference in the interpretation of MFN clause in which the scope of the treatment stipulates the slightly different contents for each investment treaty. Therefore, this study considered ICSID arbitration cases related to the applicability of MFN clause for investment dispute settlement provisions. There are two different approaches for the applicability of MFN clause by arbitral tribunals. At first, the expanded interpretation of the MFN clause can be applied to procedural regulations, in that the purpose of the investment treaty is to protect foreign investors and to ensure their status. So, foreign investors can invoke a BIT of a third country that is advantageous to them. Second, the limited interpretation of the MFN clause can not be applied to procedural regulations. Without explicit regulation, the term treatment can not be considered to include dispute resolution provisions. And the BIT that the host state has concluded with third country is a treaty that applies only to the contracting party, so it can not be used by foreign investors of other nationality. Therefore, this study suggests concretely stipulating the scope of MFN clause under the investment treaty, highlighting that certain restrictions should be applied to the MFN clause. Furthermore, it is required continually investigating and analyzing the database of the scope of MFN clause.

• Korea Trade Review
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• v.48 no.4
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• pp.67-92
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• 2023

In international commercial arbitration, interim measures play a crucial role in enforcing arbitral awards by prohibiting a party from hiding assets or destroying any evidence which are critical during arbitral proceedings before the arbitral tribunal renders a final award. While Chinese commercial arbitration system acknowledges interim measures, it has faced criticism for perceived deviations from the evolving international arbitration trends. Nevertheless, recent developments indicate that China is actively aligning itself with the global trend in promoting international commercial arbitration, leading to notable changes in interim measures. This paper aims to examine the prevailing international trends of interim measures in commercial arbitration and conduct an analysis of the current status of interim measures in Chinese commercial arbitration by analysing some relevant cases and regulations. By doing so, it can provide practical insights to Korean companies on how to effectively utilize interim measures when they settle their disputes by arbitration with Chinese counterparts.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.24 no.3
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• pp.123-131
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• 2024

The dispute between SK and Netflix, which has been going on for more than three years, ended in the direction of dropping the lawsuit and establishing a cooperative relationship between the two companies. However, as Internet traffic usage is likely to increase further in the future due to digital transformation and activation of generated AI, conflicts between domestic mobile carriers and global CP operators over network usage fees can arise at any time. In this study, the issues of the dispute related to network usage fees that occurred between SK and Netflix were examined, and different implications were drawn for each issue. The cost and scope of network usage considerations are an issue that must be determined entirely by negotiations between operators. However, if a dispute occurs between operators, user damage such as speed delays may occur, so it is necessary to prepare a policy alternative. As the domestic media industry has grown cooperatively with global CPs, it is considered important to form a reciprocal relationship between domestic mobile telecommunication operators and global CP operators regarding network usage fees in the future.