• The Journal of the Korea Contents Association
• /
• v.11 no.12
• /
• pp.403-412
• /
• 2011

The execution of capital market law causes severe competition by promoting restructuring of financial industry. This study analyze efficiency and productivity change of the Korean Non-Life Insurance industry between pre-execution and pre-execution of capital market law using DEA model and Malmquist Index. Additionally, this study finds determinants of efficiency using tobit regression. The main results of this study can by summarized as follows. First, the efficiency with post-execution was increased comparing with pre-execution of capital market law significantly. Second, the productivity with post-execution was increased comparing with pre-execution of capital market law significantly. Third, significant determinants of technical efficiency and pure technical efficiency are weight of life planner. operation rate of assets respectively. And significant determinant of scale efficiency are firm size, operation rate of assets, weight of life planner.

• The Journal of the Korea Contents Association
• /
• v.14 no.8
• /
• pp.394-405
• /
• 2014

Purposes of this study are to find difference in efficiency, productivity change and determinants on efficiency of life insurance industry between pre and post-execution of capital market law on the basis of pre(2005-2008) and post-execution(2009-2012) data. Main results of this research are as follows. First, there was no significant difference of mean value for efficiency between pre and post execution of capital market law. Second, difference of mean value for malmquist index between pre and post execution of capital market law was statistically significant at 5% level. This imply increase in productivity for post-execution of capital market law. Third, one of the important determinant for efficiency was the weight of life planner in both pre and post-execution of capital market law. The weight of life planner had significant positive effect on efficiency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.62
• /
• pp.87-109
• /
• 2014

This article examines the regime for the recognition, enforcement and execution of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes(ICSID). The effectiveness of international arbitration depends on the degree of finality of the award and the ease with which the award may be enforced by the prevailing part. The ICSID Convention provides for rigorous finality and seeks to establish optimal preconditions for the enforcement of awards in manner that distinguishes ICSID from other international arbitral regimes. As with other classes of disputes subject to judical or arbitral jurisdiction, most ICSID cases settle. In the cases that do proceed to award, participants must understand what will happen if the losing party fails to comply with the award voluntarily and the prevailing party takes the award through phases known as "recognition", "enforcement" and "execution". Investors should assess possible execution before finalizing investments and certainly before they initiate collection proceedings on ICSID awards. An investor with a monetary award in hand should attempt to locate assets of the losing State and then obtain comparative law advice to identify jurisdictions that allow attachment of at least certain categories of sovereign assets.

• Journal of Arbitration Studies
• /
• v.31 no.1
• /
• pp.107-127
• /
• 2021

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

• Korean Security Journal
• /
• no.18
• /
• pp.119-141
• /
• 2009

Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.

• Journal of the Korean Institute of Navigation
• /
• v.16 no.2
• /
• pp.29-39
• /
• 1992

According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

• Journal of Arbitration Studies
• /
• v.15 no.3
• /
• pp.85-112
• /
• 2005

The purposes of this paper are to investigate how deeply the courts in Korea and the U.S. are involved in the enforcement process of the arbitral award. The extent of judicial review of arbitral award and the procedures to execute the arbitral award were explored and compared in each of the countries. In Korea the winning party should file a suit for enforcement judgement to execute the arbitral award, while the winning party in the U.S. should file an application for motion. Such difference in the execution process between Korea and the U.S. may be led to a higher burden on the Korean winning party in the execution process due to the complexity and instability during the new litigation for enforcement judgement. In addition, the Korean Arbitration Act does not grant any authority for the court to intervene with the substantive matters in the arbitral award, while in the U.S. the Common Law allows the court to vacate the arbitral ward when the arbitral award is entered with the manifest disregard of the law by the arbitral tribunal. It would be more practical for the court to supplementarily intervene with the arbitral award which obviously hurts the legal interest of the arbitral parties.

• Journal of Family Resource Management and Policy Review
• /
• v.10 no.3
• /
• pp.45-62
• /
• 2006

This research is carried out to inspect the Apartment Management System of Japan, to examine the similarities and differences between the Korean Apartment Management System and the Japanese Apartment Management System. First, as the basis law of apartment management, there exists the Building Unit Ownership Act, the Promotion Law fur Adequate Mansion Management of Japan, the Housing Law, Housing Execution Law and Rule of Korea. Second, the Association of Apartment Owners, an organization of owners of apartments in Japan and the Commission of the Representatives of the Occupants in Korea become the subject of maintenance. The Japan structure is made of the Assembly, the Director and the President. The Korean structure is made of Regular and Temporary Conferences and elected Officers(1 president, at least 2 directors and at least 1 inspector). The Commission of the Representatives of the Occupants and the Organization of Owners of Apartments make bylaws and diverse maintenance rules. Third, the foremost reason why the Korean structure of maintenance of apartments is less efficient than Japan is because of the small number of people dispatched to the living-environment maintenance team and their short terms. It is necessary to grow professionals related to this sector and to have enough public servants that specialize in this. Fourth, although it is compulsory to make long term plans for maintenance based on the Housing Law, because the reserve fund is decided by the maintenance rule(with no compulsory standards of reservation) of each apartment, it is difficult to reserve an adequate amount of reserve fund. So as in the example of the state of Hawaii in America, based on long term plans for maintenance, an execution rule of the Housing Law should be made which enforces to reserve at least 50 percent of future maintenance expenses.

• Korean Architects
• /
• s.519
• /
• pp.79-79
• /
• 2012

• Journal of The Korean Digital Architecture Interior Association
• /
• v.4 no.2
• /
• pp.26-34
• /
• 2004

Our country did not illustrate and reverse by a city planning law department construction Buddhist priest's robe dual setup the urban setting to be regulated, it came. The city planning law as the high position system of space planning mainly provides the use and a size of the land, the construction law the detail contents of site undergarment concrete location and the form back is provided and of course, regarding the structure which relates with the designation of concrete building use in him and the immediacy back. These two laws are come by a trade name complement and a function sharing role in order for the affirmative development of the city to become accomplished, being used. To necessity of District unit plan the general causal government employee all it is sympathizing, it relates it goes to extremes and with the maintenance of endurance environment and many portion with charge Sikkim also the fact that it is the criticism which relativy is negative in duty of administrative origination is fact in the people. But realization of plan hazard the execution of the public section which stands will be important, it will reach and the public section execution plan of the autonomous nine dimension for must be prepared. The next research that the individual globe plan and development actual condition actual proof and the research which it analyzes system is necessary with base, sees the general operation evaluation of Seoul District unit plan.