• 한국중재학회지:중재연구
• /
• 제24권3호
• /
• pp.79-103
• /
• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• 동아시아경상학회지
• /
• 제1권3호
• /
• pp.55-70
• /
• 2013

Purpose: The article looks at the member' rights and trustees duties and determines where should the emphasis be as it often happens that these two aspects often clash. Research Design, Data and Methodology: It is determined in this article whether the trustees owe fiduciary duties to both the fund and members and further determines whether the trustees should advance the interests of the members. Results: The article further looks at the governance of the retirement funds and argues that the proper governance of these funds protects the interest of the members. The duty to disclosure of information to members is of paramount importance to ensure that members are able to make well informed decisions. Conclusion: The article considers the issues of disclosure of information from other countries, United Kingdom, United States and Malawi. It is argued in this article that trustees must be persons who are trustworthy and have the best interest of the members at heart and must therefore familiarize themselves with the laws that regulate their duties.

• The Journal of Asian Finance, Economics and Business
• /
• 제9권6호
• /
• pp.183-194
• /
• 2022

The objective of this article is to assess the impact of corporate social responsibility (CSR) implementation on Corporate Brand Value (CBV) and Corporate Financial Performance (CFP). At the same time, the article examines the mediated role of CBV on the relationship between CSR implementation and CFP. In-depth interviews and observation techniques were used in this article on 4 experts to collect qualitative information. Quantitative analysis was based on primary data obtained from 454 employees working at enterprises providing Bancassurance services. The article uses various models of Cronbach's Alpha coefficient, Exploratory Factor Analysis (EFA), Confirmatory Factor Analysis (CFA), and Structural Equation Analysis (SEM) using SPSS 22.0 and AMOS 20.0 software. In addition, a 5-point Likert scale is used to measure observed variables. Research results show that CBV plays an intermediate role in the relationship between CSR implementation and CFP. At the same time, the implementation of CSR toward communities, customers, and workers directly impacts CBV and CFP. The article draws a new conclusion; there is no relationship found between the implementation of CSR and CFP. The result proposes implications for the state and Bancassurance service providers to develop and implement CSR-related policies and activities to enhance their brand value and financial performance.

• 항공우주정책ㆍ법학회지
• /
• 제24권1호
• /
• pp.59-89
• /
• 2009

본 논문은 5대 국제항공테러범죄협약, 다시 말해서 UN의 전문기구인 국제민간항공기구(ICAO)에서 제정된 1963년 도쿄협약, 1970 헤이그협약, 1971 몬트리올협약, 1988년 몬트리올 의정서 그리고 1991년 가소성폭약협약에 규정된 관할권조항의 내용과 그 문제점을 연구하였는데 국제항공테러 협약의 관할권을 연구하면서 얻은 결론을 다음과 같다. 첫째, 항공테러협약의 관할권규정에서 공통으로 발견되는 것은 어느 협약도 관할권의 우선순위를 명시하지 않고 있다는 점이다. 결국 하이재킹 된 항공기가 착륙한 국가와 항공기등록국간 관할권문제가 발생하는데 대부분의 경우 착륙국이 하이재커를 처벌하는 예가 많다. 둘째, 국제법상 전통적인 관할권이론에서 많은 이론이 제기되었던 소극적 국적주의(passive personality principle)가 국제항공테러협약의 제정 이후 각종 국제테러협약에서 점차적으로 발전되어가고 있는 경향을 볼 수 있다. 1973년의 뉴욕협약 제3조 1항, 1979년 인질협약 제5조 1항 (d) 그리고 1988년 로마협약 제6조 2항 (b)가 그 예이다. 또한 1979년 인질협약 제5조 1항 (c)와 1988년 로마협약 제6조 2항 (c)에서는 자국에게 작위 또는 부작위를 강요하기 위한 범행의 경우에도 그 대상국가가 관할권을 행사할 수 있도록하고 있다. 만일 장래에 국제항공테러협약이 개정이 될 경우에는 국제항공 테러범죄를 좀 더 효과적으로 억제하기 위하여 소극적 국적주의를 고려할 필요가 있다. 셋째, 헤이그협약이나 몬트리올협약은 범인의 국적주의를 부여하고 있지않으나 인질협약은 제5조 1항 (b)에 인질억류범의 국적국가에게 관할권을 부여하고 있다. 만일 A국가의 국민이 어떤 국가나 제3자의 작위나 부작위를 강요할 목적으로 B국가에서 인질을 억류했다면 A국가도 그자에 대한 관할권을 행사할 권리를 가진다는 것이다. 따라서 만일 국제항공테러협약이 개정이 될 때는 이 문제도 고려할 필요가 있다. 마지막으로 인질협약 제 5조 1항 (b)는 무국적자가 상주하는 국가에서 만약 그가 인질억류범죄를 행했고, 그 국가가 그렇게 하는 것이 적절하다고 고려하는 경우 그에 대하여 관할권을 행사할 권리를 부여한다. 이와 같은 목적에서 볼 때 무국적거주자를 국민과 동일하게 보고 있는데 헤이그협약이나 몬트리올협약에서는 없는 조항이다. 만일 국제항공테러협약이 개정이될 때는 이 문제도 함께 고려할 필요가 있다고 생각한다.

• 한국디자인학회:학술대회논문집
• /
• 한국디자인학회 2002년도 봄 학술발표회 논문집
• /
• pp.268-269
• /
• 2002

• 한국시스템다이내믹스연구
• /
• 제7권2호
• /
• pp.171-189
• /
• 2006

This article aims to develop a model for analysing the relationships among the factors affecting the national competitiveness and to explore the future trend of Korea's national competitiveness using a system dynamics approach. For this purpose the article examines the national competitiveness indexes being published by the international institutions such as IMD and WEF. The article also demonstrates how national competitiveness may be strengthened and finally suggests that the national competitiveness should be studied systematically in the future.

• 한국수학교육학회지시리즈D:수학교육연구
• /
• 제10권2호
• /
• pp.89-102
• /
• 2006

The present article is dedicated to discussing the methods of teaching schoolchildren to solve creative problems. A few types of Olympiad problems were chosen as a didactic content of the article. The relevance of the choice receives proper grounding. Explanations are followed by examples from pedagogic practice. The article was written for the use of school teachers and educationalists that are researching the problem of improving creative thinking with schoolchildren.

• 무역상무연구
• /
• 제69권
• /
• pp.543-566
• /
• 2016

This article examines the Annulment Procedure of ICSID Arbitration Award. Although the ICSID annulment procedure is not substantially different from arbitration procedure, it does have certain unique features. Article 52 of the Convention provides that the application for annulment must be made within 120days after the date on which the award was rendered. ICSID Arbitration Rule 50, in turn, stipulates that a request for annulment of a award must: i)be addressed in writing to the Secretary-General; ii)identify the award to which it relates; iii)indicated the date of the application; and iv)state in detail the grounds for annulment on which it is based. The grounds for annulment are limited to those in Article 52(1) of the Convention. With respect to the possibility of waiving the right to annulment in advance, commentators are divided. Some authors admit the possibility of agreements eliminating the right to request annulment. Other authors, instead, have taken the position that parties cannot waive their right to annulment in advanced because no provision in the Convention allows the parties to do so, and thus the right to request annulment is inalienable. In accordance with Article 52(4), annulment decisions must comply with the requirements for awards stipulated in Article 48. Therefore; i)the committee decide questions by majority; ii)the decision must be in writing and must be signed by the members of the committee who voted for it; iii)any member of the committee may attach his individual opinion to the award; and iv)ICSID must not publish the decision without the consent of the parties. Finally, under Article 52(4), parties are not allowed to request the interpretation, revision, or annulment of a decision on annulment. Even if the committee allegedly manifestly exceeded its powers or engaged in any conduct sanctioned by Article 52(1), the parties cannot request the annulment of the decision on annulment.

• 무역상무연구
• /
• 제51권
• /
• pp.285-313
• /
• 2011

There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

• 의료법학
• /
• 제13권2호
• /
• pp.141-178
• /
• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.