• 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.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.

• Korean Journal of Social Welfare
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• v.46
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• pp.145-177
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• 2001

This paper seeks to analyze how the welfare state has developed both in the Kim Young Sam government and in the Kim Dae Jung government. Among other things, the two governments share some similarities: compared to the previous authoritarian governments, both of them enjoyed a high level of democratic legitimacy; the two were under pressure to win the elections to acquire and remain in power; and finally, the two tried to strengthen welfare system. But there exist more critical differences. The Kim Dae Jung government was a minority government, while the Kim Young Sam government was a majority one. Compared to the latter one, the former came to power in an extremely bad economic condition. Fortunately, however, the Kim Dae Jung government was able to enjoy a relatively high level of state autonomy resulting from an exceptional situation of foreign currency crisis. In addition, it was more reformist in policy orientation and had a more open cooperative network with civil society. All these differences added up to produce remarkable differences with regard to the improvement in welfare development. Especially, it is noted that the Kim Dae Jung government was very successful in several respects: provision of national minimum, integration of national medical insurance, development of productive welfare system, and final1y increase in welfare spending. Recently, criticisms from the opposition party, the press, and middle and upper class people mount against the Kim Dae Jung government which has made significant mistakes in instituting the separation of medical and pharmaceutical businesses. However, the important improvements in welfare institutions and programs by the Kim Dae Jung government need to be maintained to deal with all the negative effects of a naked market economy. They must also be sustained to keep alive democracy that Korean people have fought for nearly half a century.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.113-137
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• 2005

In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.6
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• pp.3005-3012
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• 2013

This study investigates the space, use, and procedural aspects that should be considered in securing the publicity in space renewal of unused lands by analyzing the characteristics of relevant projects conducted by The Korea Academia-Industrial Corporation Society, a party representative of a public agent. The findings reveal the following conclusions. 1. There should be a required procedure that guarantees the adequate qualities of public organizations or publicity for projects run by KAMCO. 2. When the public agent plans a project, there should be an effort to clarify the profit limitations and adequate guarantee of consigned fees charged by the consigned organizations in an attempt to ensure that certain proportions are used to enhance the public goods. 3. There is a need to diversify the ways KAMCO discloses information. A professional organization and separate budget should be required to assess the autonomy of KAMCO to guarantee publicity.

• Cross-Cultural Studies
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• v.27
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• pp.31-57
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• 2012

The 19th century could not relatively receive attention from local researchers because it was treated as the past cut off from the present as the formative period of modern states of Latin America. According to the characteristics of area studies which focus on changes of politics and society, studies on past affairs could not have been the main focus of attention. But as new liberalism has appeared in Latin America, is throwing the spotlight on liberalism. In addition, the studies on the 19th century have been activated and gradually expanded. And interpretation about the 19th century's history has been variously arranged. Especially, discussion on liberalism and conservatism was established as the key words which can understand and reconsider Latin America in the 19th century. Colombian liberalism which could not overcome heritage of the colonial period in the 19th century and did appear advocating reformation was another form of authoritarianism. Reformation promoted by liberalism was utilized to keep privilege of the ruling class, not to remove the social and economic structure derived from the colonial period. New reformist forces which advocated mercantilism after the middle of the 19th century but they were formed based on the existing system. Colombian Liberal Party was developed as "Another name of conservatization" by reflecting understanding of the conservatives. Colombian liberalists preferred federalism to cut off from repressive characteristics of Spanish colonial rule and secure autonomy of local control through reformation based on economic understanding. Therefore, discussion on the form of government which focused on federalism and centralism acted as the causes of conflict between Colombian liberalism and conservatism. Based on this point, this study tries to analyze liberalism reforms which is the main issue in the Colombian history in the 19th century and consider history of Colombian political conflicts focusing on federalism. The origin of Violencia which is the political violence and Colombian history in the 19th century which has been a series of rebellion can be considered through this procedure.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.129-154
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• 2021

As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

• The Journal of Korean Philosophical History
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• no.38
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• pp.7-38
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• 2013

From the philosophy of Laozi, we can infer the two types of the individuals, such as Youwei individual and Wuwei individual. The Youwei individual characterizes its expandibility, which appears as an aggressive character, and the society where this has set in is a false society. The Wuwei individual discards a false power and authority, concentrates on its realities and life, and further restricts its rights in a voluntary way. Their behavioral pattern like this allows the other party to secure an autonomous space and ensures that he or she can live a full life in person. The society these Wuwei individuals have formed through their own relationships is Xuantong Society. The Xuantong Society proposed by Laozi restricts individual rights, but it rather guarantees individual's autonomy, life and happiness, and suggests an individual-community model in which common good is created endlessly even though it does not establish the common good. This is very different from the points of view which guarantees individual rights and at the same time attempt to realize the common good together.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.59-84
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• 2017

The effects of an arbitration agreement depend on the legislative policy of the nation where arbitral awards are made and where awards are worked out in the private procedures. According to the main body of Article 35 of the Korean Arbitration Act, arbitral awards have the same effects on the parties as the final and conclusive judgment of the court. This is only possible if the awards are formed by satisfying all the legal requirements, have gone into effect, and have become final and conclusive. It is for the legal stability and the effectiveness of the settlement of disputes that the Act grants arbitral awards. While investigating the effects of an arbitral award, the character of the arbitration in which the party's autonomy applies should be considered, along with the substance of the disputes which parties intend to resolve by an arbitration agreement. The proviso of Article 35, which was added in the 2016 Act, says that the main body of the Article shall not apply if recognition or enforcement of arbitral awards is refused under Article 38. Two stances have been proposed in interpreting the proviso. One of them is that there are grounds for refusing the recognition and enforcement of the awards. The other one is that the ruling of the dismissal of a request for enforcement has been final and conclusive. According to the former, it is really unexplained as to its relations with the action for setting aside arbitral awards to court and the distinction between nullity and revocation, and so on. Therefore, its meaning must be comprehended on the basis of the latter so that the current Act system with revocation litigation could be kept. The procedures of setting aside, recognizing, and enforcing arbitral awards are independent of one another under the Act. It is apprehended that the duplicate regulations may lead to the concurrence or contradiction of a court's judgment and ruling. Thus, we need to take proper measures against the negative sides by interfacing and conciliating these proceedings.

• Korean Security Journal
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• no.41
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• pp.327-356
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• 2014

The ultimate goal of the local government is the owner of the residents welfare of the community. Welfare of the residents will start from the protection of life and property of the inhabitants. Much of this protective activity is a function of the police. Therefore, to be a municipal & local police that is based on the autonomy of the local conceptual prerequisites for the welfare of the population. Municipal & local police activities are activities for the local community rooted in the community that the police and to rejoin the community, municipal & local police activities taking place in the center of the area to solve the problem, but to reduce the fear of crime and disorder, crime as an expression of the efforts of the local residence themselves to improve the overall quality of life of the community as a partner recognition local residents. Municipal & local police in this case be introduced across the board in the central and local governments is careful review of the various alternatives been prepared on analysis is crucial to reduce the trial and error by providing the best alternative. priority should be to figure out exactly what the reason to introduce a municipal police. in other words, the introduction of the municipal & local police in the central and local governments, state police and municipal & local police, the ruling party and the opposition, regional self-government initiative unseen conflict between organizations and local governments are not welcomed by local residence in local time truly 'safe' and will have to face that the 'improve quality of life'.