• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.243-252
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• 2020

Recently, the proportion of housing lease has been increasing to an overwhelming level in line with the increase of single-person households and the change in the form of housing. In the normal case, the use of rental-type housing is subject to a housing lease agreement through a licensed real estate agent. In the event of a transaction conclusion, licensed real estate agent shall issue a contract containing the personal information of the lessee, the renter, and the licensed real estate agent to the transaction party. In this case, it is necessary for the lessee to provide the contract to a third party. This paper analyzes relevant laws and regulations and the status of housing transactions, focusing on personal information processed between offline housing lease agreements. And when issuing a contract through IRTS, we propose a way to protect personal information by providing a third party in three forms: information Data Subject-based, Purpose of usage-based De-identification, and Certificate of Contract.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.137-163
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• 2011

The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.139-160
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• 1999

International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• Journal of the Society of Naval Architects of Korea
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• v.52 no.3
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• pp.265-274
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• 2015

International organizations and classification societies established rules and regulations to which shipbuilders and ship operators should comply during design, construction, even operation keeping from hazard to life of crews and ocean environment. Hence, rules and regulations could be guidelines for design and construction of ship sometimes. In practical wise, ship structure designers be predisposed to design lightest and easy-to-product structures which satisfy rules and regulations. Therefore, changes of rules and regulations are remarkably important issue to related industries. In 2006, IACS established and released Common Structural Rules for Bulk Carrier and Common Structural Rules for Double Hull Oil Tanker. These CSRs are consolidated and unified rules of class society's rules. But these two rules are different from each other. IACS has plan to release unified rule of two ship type called Harmonized Common Structural Rule for Bulk Carriers and Oil Tankers. This new rule will be effective from July 2015. Hence, bulk carrier and double hull oil tanker whose contract date is on and thereafter July 2015 should be complied with CSR-H. Therefore, it is highly important to be aware of consequences and cause of consequences with respect to CSR-H. The object of this research is to compare requirements of structure scantling in way of midship area for selected target ship according to CSRs and CSR-H and to analysis cause of deviation between two rules.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.129-151
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• 2003

Nowadays even if environment of international commercial transaction is changing quickly municipal law could not meet with such change accordingly. So far, however, efforts towards unification have prevailingly taken the form of binding instruments, such as non-national or supranational legislation, international conventions or international model laws. Among them, the UNIDROIT Principles with parties' autonomous and yet non-binding character do not only meet the substantive requirements of a true law merchant. In addition they also counter some of the main points of criticism against the modern lex mercatoria. As such the Principles constitute a cornerstone in the lex mercatoria debate and may become the heart of the new lex mercatoria. The purpose of this article is to ask whether there could be applied the Principles in international commerce. For the purpose it is to investigate when the Principles are applied in international commerce and how effectively the Principles are applied for the decision in international commercial disputes. Even though the Principles are used for reference by parties involved for the voluntary regulation of their contract, it is sufficiently expected that the Principles are to be a stepstone of uniform contract law in international commerce. Until now cases of appling the Principles are not satisfied with its expectation as a source of non-legislative means of unification or harmonization of law. Given the party's autonomy in the contract, this is among other things because business parties are strongly tend to observe their national laws in their international commerce. And also, even though there are a number of neutral and uniform regulations for international commercial contracts, parties do not often recognize their usefulness with being up to expectation. In order to explore the applicability of the Principles a number of cases of ICC International Court of Arbitration and others are quoted.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.81-109
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• 2021

This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.71-91
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• 2022

The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.22 no.3
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• pp.269-288
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• 2011

Acquisition processes in public libraries, especially as influenced by policies and regulations both in national and regional levels have not been in the main area of concerns in the research of library and information science. While the area of collection management has yet been one of the major issues in this filed, public library book-purchasing in the major factor to achieve effective library collections. This study concentrated on the policies and regulations that attempts to normalize and control the acquisition process in public libraries. This research analyzed and investigated (1) various policies and regulations regarding the library collection as public procurement, (2) legitimacy of decision between normal price procurement and discounted price contract under the current policy on normal retail price of books, (3) budget allocation, (4) policies on library acquisition processes. Suggestions are also added for the efficient collection building in public libraries.

• Journal of the Korea Safety Management & Science
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• v.13 no.1
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• pp.31-39
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• 2011

In this study, supervision resides fire mission against problems associated with case studies and surveys done through the side of the field work, technical personnel, fire management, including fire code aspects classified into three kinds of items dealt with the issue. Started at the scene of the problem in terms of performance, the issue of the construction process, mainly dealt with the issue at the time of completion. Fire management side, supervisor of technical personnel, human resources management issues, contract issues, fire code level, the frequent revisions of fire regulations, supervision, processing delays of the resulting report, the problem resides with the expansion of Fire Supervision target was mentioned. Finally, the target for each hierarchical supervision, and resident supervisor of the need for supervision of work performance test was carried out by the correlation.