• Journal of Arbitration Studies
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• v.23 no.2
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• pp.55-79
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• 2013

As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.7 no.5
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• pp.1313-1327
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• 2013

How to make people keep both the confidentiality of the sensitive data and the privacy of their real identity in communication networks has been a hot topic in recent years. Researchers proposed privacy-preserving authenticated key exchange protocols (PPAKE) to answer this question. However, lots of PPAKE protocols need users to remember long secrets which are inconvenient for them. In this paper we propose a lightweight three-party privacy-preserving authentication key exchange (3PPAKE) protocol using smart card to address the problem. The advantages of the new 3PPAKE protocol are: 1. The only secrets that the users need to remember in the authentication are their short passwords; 2. Both of the users can negotiate a common key and keep their identity privacy, i.e., providing anonymity for both users in the communication; 3. It enjoys better performance in terms of computation cost and security. The security of the scheme is given in the random oracle model. To the best of our knowledge, the new protocol is the first provably secure authentication protocol which provides anonymity for both users in the three-party setting.

• Korean Journal of Legislative Studies
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• v.15 no.1
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• pp.237-260
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• 2009

This article deals with the problem, of wether the change of party discourse influences the change of the political finance system and the change of political finance system again effects the political discourse. The political finance and state funding system for parties in Germany is a product of political debate and conflict from the 1960's to th 1990's. The introduction of the state funding system faced critical public opinion at the beginning, and the German parties have initiated a discourse building process as the initiator role and major actor. The state funding system for parties has changed three times and shows, how the constitutional interpretation became dominant in parliament and the constitutional court, which considers a party as a fundamental and essential institution in a democratic system.

• Analyses & Alternatives
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• v.6 no.1
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• pp.115-162
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• 2022

The Rules of the Workers' Party of Korea (WPK), revised at the eighth Party Congress in 2021, reflect the Kim Jong Un regime's changes in strategic lines and ideological justifications on North Korea's socialism and communism, and its recent stances against the external environment. Moreover, they contain critical changes in the party's organizational system encompassing the central and the provinces. This study explores the organizational changes of the "monolithic guidance system of the party core" stipulated by the new party rules in January 2021, based on the analysis of the entire nine revised rules of the WPK since 1945. In the 2021 Party Congress, the Kim Jong Un regime, which officially came to power after the fourth Party Conference in 2012, has institutionalized the monolithic guidance system centered on the party core, or the head of state, Kim Jong Un. The newly set leadership and execution system, which reorganized party, government, and military organizational structure and accompanied the relevant personnel changes, was derived from the attempts for reinstating the Kim Jong Un regime as a more normalized party-state structure before its 10th year in power in April 2022. The "monolithic leadership system of the party core" established a system of "organizational leadership" through the organization of the Central Committee, directed by the Party Head, or General Secretary. The institutionalization of the new system resulted from the ten-year development of the revival of the party-state structure, which compromised the status of the military and reconfirmed the party's control of the military. This study explains the new system from the perspectives of both institutionalization and top-down unity, shedding light on the new party-military-government relations of the Kim Jong Un regime. The analysis contributes to a better understanding and forecasting of the Kim Jong Un regime's governance, which currently strengthens the monolithic leadership system as a crisis management system in the face of the "triple hardships" of sanctions, Covid and disaster.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.77-100
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• 2019

Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.

• The Journal of the Korea Contents Association
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• v.7 no.12
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• pp.105-113
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• 2007

Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

• Korean Journal of Social Welfare
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• v.44
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• pp.232-261
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• 2001

Because of their international importance, 'the Welfare Reforms' of the Thatcher government as well as Thatcherism were studied so much, and analysed so deeply. However, the existing studies mainly focused the institutional changes of the welfare state themselves and cynically criticized the decline of it. And, there is no study explained the Thatcher's reform as the changed balance of the British class strength. This means that the nature of the Thatcher's welfare reform is not scientifically clarified yet. So, I tried to examine this one again. For the purpose, I reviewed the nature of Thatcherism, described the changed welfare state, and analysed the result of the polling, the power dynamics of the Labour Party, the changed attitude of the Labour Party and the working class to the welfare state and Keynesianism, and the political attack of the Thatcher government on the working class and their response to it.

• Analyses & Alternatives
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• v.1 no.2
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• pp.2-12
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• 2017

Research on democratic transitions has relatively ignored the question of why some countries experience a regressive form of political pacts, while others do not. This paper develops a simple game-theoretic model to explain the phenomenon of collusive pacts in the process of democratization. Trasformismo is a term that refers to a system of political exchange based on informal clientelistic politics. The existing studies of the politics of trasformismo have emphasized the timing of industrialization and the tradition of strong state as conditions of the politics of trasformismo. However, not every late industrializers and not every strong states experienced some variants of collusive political pacts in their trajectories of democratization. In this paper, I contend that the politics of trasformismo is rather a generalizable pattern of political elites' behavior under particular circumstances. By developing a simple game theoretic model, this paper suggests the conditions under which political actors are likely to collude to a regressive form of political pacts. The model shows that the likelihood of collusion to a regressive form of political pacts is a function of a set of parameters. First, a higher level of incumbency advantage in electoral competition is likely to be associated with a higher probability of collusive political pacts. Second, a higher degree of the monopoly of political representation of political parties without a close link with a variety of societal forces is likely to induce collusive behavior among politicians. Third, the ruling party leader's expectations about the likelihood of a safe extrication are related to collusive political pacts. This paper then engages in a case study of the 1990 three-party merger in South Korea. The 1990 Korean case is interesting in that the ruling party created a new party after having merged with two opposition parties. This case can be considered a result of political maneuver in a context of democratization. The case study suggests the empirical relevance of the game-theoretic model. As the game of trasformismo and the case study of the 1990 three-party merger in South Korea have shown, the collusive political pact was neither determined by a certain stage of economic development nor by a particular cultural systems. Rather, it was a product of the art of trasformismo based on party leaders' rational calculations of the expected likelihood of taking governing power.

• The Southeast Asian review
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• v.21 no.3
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• pp.105-138
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• 2011

The 11th Congress of the Vietnamese Communist Party(VCP) held in January 2011 was the forum to reconfirm the gradual reform. By analysing the documents submitted to the Congress, it can be realized that the VCP's reform policy reveals the compromise between conservative and progressive perspectives by "the Socialist-oriented Market Economy". The VCP proposes to proceed the balanced reform for the sustainable development by multi-sector economy to achieve the basis of the modern state by 2020 on the one hand and also urges to strive against "the peaceful evolution" to defend the socialist regime from abroad as well as within the party itself on the other hand. In personnel structure of the Central Committee and Politburo, this term of the Party still keeps the balance of the localities and sectors of the society. No big change was in the selection of top leaders, as almost of them were promoted slightly in the existing echelon of the Politburo. On the prospect of the reform process Vietnam will continue the reform as gradual as before.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.1151-1157
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• 2023

It raises questions about how China, dominated by the socialist system and the Communist Party, will change in the era of artificial intelligence. We predict how the Chinese socialist system will change in the meta-world where SNS is developed, communication is conducted within the meta-verse world, and artificial intelligence is operating in many fields. In order to do so, it is necessary to understand the characteristics of the Chinese state and the characteristics of national policy, as well as the metaverse policy proposed by the Chinese state. The development of the metaverse was emphasized at the 5th session of the 13th National People's Congress in 2022, and in May of that year, the Central Party School of the Communist Party of China published the <Metaverse Industry Manual for Party and Political Officials>. Therefore, in this paper, we will analyze China's metaverse policy and forecast the direction of development of the metaverse industry that China wants to pursue.