• Journal of the Korean Home Economics Association
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• v.26 no.4
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• pp.129-160
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• 1988

The purpose of the present study is to understand the change in the relation between mother-in-law and daughter-in-law according to the social change in comparison with the survey effects in 1974 (ko Jung-Ja) and 1985 to find out the cause of conflict in both side of power structure and affection structure, indicating behavior, the influences on the relationships among family, possible meditators. this thesis was made by an experimental research. Data were collected from 146 mothers-in-law and 141 daughters-in-law in Pusan. The collected data were analysed by statistical methods such is as follows, 1. cause of conflict In power structure the cause of conflict is, in the case of mother-in-law opinion opposion and shaughty attitude by daughter in-low and, in the case of daughter-in-law, domestic dominance. It is thought that there is a difference of viw\ew between mother-in-law and daughter-in-law about the possesion of economic dominance and many conflicts rises because of economic dominance. but the study in 1985 than 1974 suggests the possibility of conflict meditator because mother-in-law and daughter-in-law do homework dependently in the practice of power. In affection structure, the chief dissatisfaction toward daughter-in-law showes the change in time. In 1974, there was no affection and respect. In 1985, the rate of doing without consultation was high. Also, the lack of communication of mother-in-law and daughter-in-law is the cause of conflict. 2. Indicating behavior the rate of thinking alone if high in both sides. But in the survey of 1985, the covert verbal aggressive action with which mother-in-law appeals to her daughter and daughter-in-law to husband is rising. 3. Influence on the relationship among family by the conflict between mother-in-law and daughter-in-law. the conflict between mother-in-law and daughter-in-law play negative effects on the intimacy and relation between husband and wife. 4. Conflict mediation behavior As compremiser, it is suggested that in the case of daughter-in-law the position and role of husband is important and, in the case of mother-in-law respects mother-in-law, daughter-in-law and gives her the role.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.39-61
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• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• Analyses & Alternatives
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• v.1 no.2
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• pp.44-64
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• 2017

From the field survey of the main ethnic minority areas in the south China, it is found that political, economic, cultural and natural environmental changes are the main reasons leading to the change of customary law. The power mechanism of the customary law change include the three aspects, such as the promotion of country elite, the dominance of grassroots government, and the daily demands of the villagers, which promote the change of customary law alone or together. Through the application of customary law, the country elites can adjust and refine the rules of customary law in order to make out the new customary law and promote its development. In the current pattern of rural governance, grassroots self-government is actually the "official supervision of people's autonomy". The executive power of the grassroots government often intervene the practice of customary law and other informal rules. This is another mechanism of customary law change. Customary law arises from the practice of the daily life of the villagers. If the villagers think that the norms of customary law cannot meet the actual needs of daily life practice, the customary law will be promoted in the form of collective consultation. This is the most important dynamic practice mechanism of customary law change. Transformation and abandonment are the two ways to change customary law. No matter what kind of change does not lead to the demise of the customary law system, the demise of the customary law is only an outdated result, which is made by the universality, nature and objectivity of customary law. The procedure of customary law change is the process of continuation and rebirth about customary law. The result of the change is to produce the new customary law of keeping pace with the times, and the customary law will be presented with new content and form after the change. The continuation of customary law means the inheritance of traditional customary law, but it is based on the transformation of traditional customary law. The rebirth of customary law means that the traditional customary law is completely discarded. But it will produce new customary law rules and be based on the needs of social life practice. Customary law occupies a pivotal position in the normative system and the national law cannot be replaced. The purpose of customary law change will let the customary rules better adapt to the development of modern society, adjust the social relations more reasonably and better meet people's needs of production and life, which is decided by the character of customary law.

• Human Ecology Research
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• v.55 no.3
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• pp.233-247
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• 2017

This study compares how mother-daughter differentiation influences solidarity and relationship satisfaction between mothers-in-law and sons-in-law. The subjects of this study were 167 mothers-in-law (mean age, 59.6 years) paired with their sons-in-law (mean age, 36.9 years). Participants were given quantitative survey questionnaires on their relationships. Descriptive statistical analyses were conducted for the social and demographic characteristics of mothers-in-law and sons-in-law. Ordinary least square multiple regression analyses were also conducted to examine the level of mother-daughter differentiation, solidarity, and relationship satisfaction between mothers-in-law and sons-in-law. The results show that a higher age of the mothers-in-law results in lower relationship satisfaction between mothers-in-law and sons-in-law. Next, an increase the level of mother-daughter differentiation (which means more balance between intimacy and detachability) results in a higher overall solidarity, affectual solidarity, giving functional solidarity, and consensual solidarity between mothers-in-law and sons-in-law. However, there was no statistically significant difference in the receiving functional solidarity and normative solidarity between mothers-in-law and sons-in-law. Finally, the results show that a higher level of mother-daughter differentiation produces a higher relationship satisfaction between mothers-in-law and sons-in-law. The findings could provide a better understanding of inter-generational relationships in Korean family dynamics. The results also have implications for providing counseling for the development of healthy relationships between mothers-in-law and sons-in-law.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.85-108
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• 2023

In international commercial arbitrations that arise from an international commercial contract, arbitral tribunals ruling on the merits of the arbitration apply the law governing the contract. The parties to contract are free to designate the law under the principle of parties autonomy. This paper examines this principle under the Korean Arbitration Act, and makes some legislative suggestions. For this purpose, this paper first discusses what is the scope of matters covered by the law governing the contract, what are the rules of conflict-of-laws for determining the law governing the contract, and what happens when the arbitral tribunal incorrectly applies the law governing the contract? Then, this paper further goes to examine issues such as the form of choice-of-law agreement, the explicit or implicit choice of law, the parties' ability to choose the rules of law including lex mercatoria, the change of choice-of-law agreement, the independence of choice-of-law clause.

• Journal of Korean Library and Information Science Society
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• v.23
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• pp.439-469
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• 1995

The purpose of this study is to develop a new domestic (national) law classification scheme with universality. An underlying reason for the development of this scheme reset upon the fact that Civil law system, Common law system, Socialistic law system have had difficulties each other and that current classification scheme covering three law systems have not been still in existence. From the comparative discussion of classification schemes that are the representative of each law system, a new national law classification scheme with universality was designed. If law classification scheme have been completeness, this new scheme must be combined with jurisprudence and international law classification scheme which was developed already.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.425-431
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• 2022

Saudi laws must be derived from Islamic law. However, Islamic law has a flexible methodology that allows it to deal with any form of business entity. Today there is no difference between the countries around the world about the general concept of the corporation because countries have copied the system of the corporation from each other since the sixteenth century.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.47-68
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• 2008

I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.169-174
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• 2022

Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of criminal law.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.129-134
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• 2022

Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of commercial law.