• 한국중재학회지:중재연구
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• 제26권2호
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• pp.115-134
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• 2016

Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.45-66
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• 2016

The FAA provides that a district court may make an order vacating an arbitration award upon the application of any party to the arbitration where there was evident partiality on the arbitrator's behalf. The U.S. Supreme Court in the case of Commonwealth Coatings Corp. held that arbitrators must disclose to the parties "any dealing that might create an impression of possible bias." Justice White attempted to limit the scope of evident partiality to instances where an arbitrator has a "substantial interest" in the dispute before disclosure is required. The Second Circuit held that if an arbitrator thinks that a nontrivial conflict of interest might exist, the arbitrator must either (i) conduct an investigation into the potential conflict, or (ii) disclose to the parties why he or she thinks there could be a conflict. Further, the arbitrator must disclose his or her intent not to investigate the matter. By utilizing a reasonable impression of partiality standard, the Ninth Circuit held that evident partiality can exist despite an arbitrator's actual acknowledgement of a conflict, and if an arbitrator fails to discharge his or her duty to investigate potential conflicts of interest, his or her constructive knowledge of the conflicts can give rise to evident partiality.

• 한국중재학회지:중재연구
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• 제25권3호
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• pp.113-133
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• 2015

This article reviews some recent decisions of the Supreme People's Court (SPC) of the People's Republic of China (PRC) on the recognition and enforcement of several South Korean arbitral awards. It explains the implementation of the New York Convention in the PRC and in particular the so-called Report System under the current Mainland Chinese law and judicial practice. It identifies some deficiencies in the People's Courts' approaches to the application and interpretation of the New York Convention and argues that the Mainland Chinese courts should adopt the pro-enforcement principle in the determination of the relevant issues under the New York Convention. It proposes further enhancement of the Report System and that the current categorization of 'domestic, foreign-related and foreign' in the context of arbitration agreements and arbitral awards needs to be further reviewed and clarified by the SPC. Last but not the least, it recommends some steps that South Korean parties should take to enhance the enforceability of South Korean Arbitral Awards in Mainland China.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• 한국중재학회지:중재연구
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• 제25권3호
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• pp.155-184
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• 2015

This paper addresses the question of what kinds of dispute resolution choices can effectively handle complex intellectual property disputes, given the rising importance of IP, the increasing frequency and complexity of IP disputes, and the lack of research on dispute resolution strategies. For this analysis, the study adopted the analytic hierarchy process approach, which covers complex, multi-criteria decision problems, to quantify the expert's judgments on IP dispute resolution choice. Its results show that the effectiveness of resolution methods differs, depending on the type of IP dispute classified into seven issues, which are (i) requirement for validity of IP right, (ii) range and duration of IP right, (iii) transfer of IP right, (iv) licensing, (v) use of IP right, (vi) declaration of IP infringement, and (vii) estimation of damage. The disputes over IPR ownership and IP infringement remain challenging issues in due to strong requirement of the cross-border enforcement. Alternative dispute resolution (ADR), especially arbitration, is determined to be a more effective method to deal with international IP disputes, but various advanced types of ADR techniques should be further developed to deal with the increasing complexity of IP disputes.

• 대한물리치료과학회지
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• 제6권2호
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• pp.989-995
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• 1999

Musclee spasticity of Cerebral Palsy children brings abnormal posture and becomes delayed for Normal Motor Development. The objective of this study is to discover the effects of physical therapy on subject paitient' s posture and Normal Motor Development after Selective Posterior rhizotomy. The subject patients were 280 children who had physical therapy for about 4 to 6 months after Selective Posterior Rhizotomy. The sum of points both pre and post operation by using Locomotion stage of Vojta and Arens's grading of Gross Motor Function were compared and evaluated. Among total of 280 Cerebral Palsy children who had 4 to 6 months of physical therapy ; total of 206 children(197 by grade 1, 9 by grade 2) has increased out of 218 spasticity type children, and totoal of 42 has increased (by gradel) out of 48 Athetoid type, and total of 8 jas increased (by grade 1) out of 14 Mixed type Physical therapy for Cerebral Palsy children after Selective Posterior Rhizotomy has enhanced Normal Motor Development and their posture. The therapy also has shown the results of shortening the therapy period and better treatment results.

• 한국식품저장유통학회:학술대회논문집
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• 한국식품저장유통학회 2003년도 제23차 추계총회 및 국제학술심포지움
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• pp.26-32
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• 2003

Rice is one of the most important cereals in the world. Japanese people use about 9 million tons of rice per you. We use rice for cooked rice as staple foods and for processing, such as rice wine (sake), rice crackers and miso fermentation, etc. Palatability, eating quality, of rice is evaluated by the sensory test and various kinds of physicochemical measurements. Japanese National Food Agency started the storage of 1.5 million tones of rice in 1996. We carried out the storage test using high quality rices since 1995 until 1996. As indices for the quality deteriorations of rice grains during the storage, germination ratio, enzyme activities, fat acidity, physical properties of cooked rice were clarified to be useful. We applied colorimetric method for the measurements of fat acidities in the place of titration method. Processing suitabilities of rice differ depending on the products. Low amylose rice is more suitable for soft rice crackers and high amylose rice is preferred more for rice noodle. Pre-cooked rice products, such as frozen cooked rice, retort-pouched rice and aseptic rice, are increasing recently in Japan. In addition to above-mentioned physico-chemical tests, NIR spectroscopy,“Midometer”and“Taste sensor”are novel and useful to evaluate eating quality and processing suitabolities. Recently, rice wholesalers and retailers have been obligated to display the name of cultivar, location of cultivation and the year of production of rice grains which they sell by the Japanese Agricultural Standard Law (JAS). In order to detect the dishonest labeling of rice cultivars, we developed new cultivar identification method based on DNA polymorphism.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.249-275
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• 2018

Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.165-178
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• 2018

Exchanging information with a person without credentials over the Internet does not pose any problems. A decentralized system based on blockchain technology enables the user to exchange new value(currency) with other uncredited users. The blockchain technology creates a new paradigm in which the distribution system can be founded on trust. Various applied distribution systems are being developed based on this paradigm. This study analyzed the problems between an institute's grading system and the central administration system. The limitations of an institute's current central management system were presented through actual cases. To improve the problem, a decentralized system based on block chain technology was presented in order to overcome the fundamental limitations by utilizing blockchain technology, peer-to-peer network, and the distribution system. In the central system, a malicious moderator could create a malicious edit that becomes the cause of a dispute, but in a decentralized system, a problem cannot be created even if there were to be a malicious moderator. However, it is difficult for a single college institute to create a distribution system in order to actualize an effective system. Comparatively, it would be possible to create a decentralized system in which all educational institutes in Korea (elementary schools, middle schools, high schools, colleges) took part in. The application of a decentralized system would improve the public transparency and reliability of educational institutes.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.45-66
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• 2018

Two years ago, an emergency arbitrator procedure in accordance with the international arbitration rule has been finally adopted in Korea?a decade after its introduction. Arbitral institutions provide interim measures in the course of tribunal proceedings to avoid litigation in open court that is often expensive and time-consuming. An emergency arbitrator procedure offers an urgent relief prior to the constitution of an arbitral tribunal, thus enhancing the speed and effectiveness of the arbitration procedure even further. Although most of the arbitral institutions interpret that the emergency arbitration rulings are binding on the parties, enforcing the emergency arbitration provisions have some difficulties in practice, and it is not clear whether or not arbitral interim measures will be enforceable under the newly adopted provisions in Korea. In this study, experiences in other countries are explored in seeking for the possible problems and solutions of enforcing the emergency arbitration rulings. For example, Singapore and Hong Kong insert terms such as "finality," "enforceable in the same manner as an order or direction of the Court," "same effect as an arbitral tribunal or interim measures" in their emergency arbitrator legislation to enhance enforcement. Moreover, "urgency inherent" are considered.