• Title/Summary/Keyword: Model Law

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A Comparative Study on the International Trade and Commercial Arbitration between Korea and Mongolia (한국과 몽골의 무역과 상사중재제도에 관한 비교연구)

  • YU, Byoung-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.495-522
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    • 2016
  • The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

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A Study on the Effectiveness of International Commercial Arbitration Agreement in China (중국의 국제상사중재합의 효력에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.25-46
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    • 2012
  • China instituted arbitration law on September 1, 1995, after having legislated the law under the UNCITRAL Model Law. However, Chinese arbitration law has some problems related to the effectiveness of its arbitration agreement, unlike the UNCITRAL Model Law. Thus, parties in dispute who want to settle a dispute based on Chinese arbitration law as governing law have more to take into consideration because there could be serious problems related to the effectiveness of the arbitration agreement. Therefore, this paper attempted to analyze the classification of jurisdiction related to the authorization of effectiveness in arbitration agreement of arbitral organization and Chinese, verify the problems, and suggest the solutions. Moreover, the author tried to verify the problems in applying the law related to the authorization of effectiveness in Chinese arbitration agreements and suggest some improvements. This paper also suggests improvements and problems related to the selection of arbitral organizations among several conditions for effective arbitration agreement in Chinese arbitration law. Finally, the author suggests some cautions and countermeasures related to arbitrations agreement for domestic investors and traders dealing with the Chinese.

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A Study on Problems and Implication of Obligations and Responsibilities in Electronic Funds Transfer -Focused on the UCC and the UNCITRAL Model Law- (전자자금이체상의 당사자의 권리와 의무상의 문제점 및 시사점 -UCC와 UNCITRAL Model Law 중심으로-)

  • Kim, Jong-Chill;Lee, Byeong-Ryul
    • International Commerce and Information Review
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    • v.6 no.2
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    • pp.339-358
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    • 2004
  • This article discusses the critical issues on obligations and responsibilities in electronic funds transfer(EFT) between Article 4A of the UCC and the Model Law on International Credit Transfers of UNCITRAL. The electronic fund transfers begin with the issue of the payment order by the originator to the receiving bank for the beneficiary. All obligations and responsibilities of parties concerned occur when the receiving bank accept the originator's payment order to executes. So far, some the most compelling studies have focused on the legal obligations and responsibilities of electronic fund transfer in Korea. Therefore, In this paper, we would like to examine some problems of obligations and responsibilities in electronic fund transfer from Article 4A of UCC and the Model Law on International Credit Transfers of UNCITRAL. And also we present some Implications to reform EFT Law for the efficient application.

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The Revision Trend of UNCITRAL Model Law on International Commercial Mediation (국제상사조정제도에 관한 UNCITRAL 모델법 개정 동향)

  • Hyun-Suk Oh;Sung-Ryong Kim
    • Korea Trade Review
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    • v.45 no.1
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    • pp.31-45
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    • 2020
  • As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

Influence of Subsystem between Parent-in-law and Children-in-law on Marital Adjustment in Marital Subsystem (인척 부모-자녀 체계가 부부 체계의 결혼적응에 미치는 영향)

  • Jeon, Sesong
    • Human Ecology Research
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    • v.58 no.3
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    • pp.417-428
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    • 2020
  • This study investigates the effect of in-law relationship on the marital adjustment of married couples by considering family-oriented Korean culture. Previous in-law studies did not consider the influence of another party who did not attend the survey due to sampling limitations. However, the marital adjustment of married couple and the satisfaction of the relationship with parents-in-law are two-way relationships that affect each other and are not one-sided relationships. By considering the non-independence of the couple's data, Actor-Partner Interdependence Model (APIM) was utilized to examine the structural relationship between marital adjustment (marital satisfaction and marital stability) and in-law relationship quality (relationship satisfaction between mother-in-law and daughter-in-law for wives, relationship satisfaction between mother-in-law and son-in-law for husbands) of 203 married couples. Results indicated that a high satisfaction of wives' in-law relationship increased personal marital adjustment as well as husbands' marital adjustment. The husbands' positive relationship with in-laws also increased personal marital adjustment and their wives' marital adjustment. The results of this study can be used as basic data for program development and counseling for healthy in-law relationship as well as educational data for couples intending to marry.

Performance Comparisons between Command to Line-of-Sight Guidance Law and Proportional Navigation Guidance Law in Short Range Surface-to-Air Missile (단거리 지대공 유도무기에서의 시선지령식 유도법칙과 비례항법 유도법칙의 성능비교)

  • Lee, Yeon-Seok;Liu, Yue-Huan;Kim, Yang-Woo
    • Journal of Institute of Control, Robotics and Systems
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    • v.13 no.3
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    • pp.273-278
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    • 2007
  • In this paper, a performance comparison between CLOS(Command to Line-of-Sight) guidance law and PN(Proportional Navigation) guidance law is made, based on a short range surface-to-air missile simulation program called KNUCLOS. This simulation program has a full nonlinear aerodynamic missile model, a tracker model for missile and target, and target model. According to the simulation results, the PN guidance law has a better performance than CLOS guidance law under various target speed.

Observer-Based Adaptive Guidance Law Considering Target Uncertainties and Control Loop Dynamics (목표물의 불확실성과 제어루프 특성을 고려한 추정기 기반 적응 유도기법)

  • 최진영;좌동경
    • Journal of Institute of Control, Robotics and Systems
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    • v.10 no.8
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    • pp.680-688
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    • 2004
  • This paper proposes an observer-based method for adaptive nonlinear guidance. Previously, adaptive nonlinear guidance law is proposed considering target maneuver and control loop dynamics. However, several information of this guidance law is not available, and therefore needs to be estimated for more practical application. Accordingly, considering the unavailable information as bounded time-varying uncertainties, an integrated guidance and control model is re-formulated in normal form with respect to available states including target uncertainties and control loop dynamics. Then, a nonlinear observer is designed based on the integrated guidance and control model. Finally, using the estimates for states and uncertainties, an observer-based adaptive guidance law is proposed to guarantee the desired interception performance against maneuvering target. The proposed approach can be effectively used against target maneuver and the limited performance of control loop. The stability analyses and simulations of the proposed observer and guidance law are included to demonstrate the practical application of our scheme.

Performance Comparison between True Proportional Navigation Guidance Law and Pure Proportional Navigation Guidance Law (단거리 지대공 유도무기에서의 순비례항법 유도법칙과 진비례항법 유도법칙의 성능비교)

  • Liu, Yue-Huan;Jeon, Chil-Hwan;Lee, Yeon-Seok
    • Journal of Institute of Control, Robotics and Systems
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    • v.13 no.6
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    • pp.525-530
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    • 2007
  • In this paper, a performance comparison between traditional TPN (true proportional navigation) guidance law and PPN(pure proportional navigation) guidance law is made, based on a short range surface-to-air missile simulation program. This simulation program has a nonlinear aerodynamic missile model, a roll stabilized autopilot, a nonlinear radar model, and a target model, According to the simulation results, the PPN guidance law has better performances than TPN guidance law under the condition of evasive target.

Recommendations for Revising the Arbitration Act of Korea regarding Interim Measures by the Arbitral Tribunal to Promote Commercial Arbitration in South Korea (상사중재 활성화를 위한 중재판정부의 임시적 처분 제도의 개선 - 2016년 개정 중재법을 중심으로-)

  • Park, Jun-Sun
    • Journal of Arbitration Studies
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    • v.26 no.2
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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.

Two - Handed Hangul Input Performance Prediction Model for Mobile Phone (모바일 폰에서의 양 손을 이용한 한글 입력 수행도 예측 모델에 대한 연구)

  • Lee, Joo-Woo;Myung, Ro-Hae
    • Journal of the Ergonomics Society of Korea
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    • v.27 no.4
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    • pp.73-83
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    • 2008
  • With a rapid extension of functions in mobile phones, text input method has become very important for mobile phone users. Previous studies for text input methods were focused on Fitts' law, emphasizing expert's behaviors with one-handed text input method. However, it was observed that 97% of Korean mobile phone users input texts with two-hands. Therefore, this study was designed to develop a prediction model of two-handed Hangul text entry method including novice users as well as experts for mobile phone. For this study, Fitts' law was hypothesized to predict experts' movement time(MT) whereas Hick-Hyman law for visual search time was hypothesized to be added to MT for novices. The results showed that the prediction model was well fitted with the empirical data for both experts and novices with less than 3% error rates. In conclusion, this prediction model of two-handed Hangul text entry including novice users was proven to be a very effective model for modeling two-handed Hangul text input behavior for both experts.