• 한국중재학회지:중재연구
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• 제26권2호
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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.

• 한국중재학회지:중재연구
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• 제24권3호
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• pp.47-77
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• 2014

Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.3-44
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• 2006

Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

• 한국중재학회지:중재연구
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• 제22권1호
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• pp.111-130
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• 2012

Judgment on the validity of patents on the subject of an arbitration does not. In other words, the occurrence of patents generated by the administrative action, and such administrative action by an authorized agency may be treated as legitimate until it is canceled. However, recent Supreme Court judgment on novelty and inventive step as well as judgments about the validity of the patent also made possible by the judiciary. This progress even in the mediation of an arbitral award which is premised on the validity of patents can be seen that possible. However, if the arbitration by an arbitrator if possible a certain portion of the limit exists. In other words, the effect of arbitration between the parties is valid. This patent is valid and invalid in arbitration even if the judgment relative to the effect ceases. In addition, the arbitration award and patent invalidation trial is in progress at the same time, if you consequently will reach a different conclusion. This can cause problems of double track. In addition, by extending the critical target recognition and enforcement in other countries can cause problems. Despite these problems, now about the validity of patents that it is possible intervention is necessary to discuss again.

• 한국주거학회논문집
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• 제27권3호
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• pp.1-9
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• 2016

It is essential to maximize the advantages of long-life housing in consideration of the occupants' demands in order to promote the construction of long-life housing. The diverse plan types with flexibility should be developed based on those demands. Therefore, this study aims to review the level of awareness of long-life housing, and identify the customer needs by conducting the survey for the preference to pre-defined plan types. The results of survey are as follows: 1) Despite the enforcement of the Long-life Housing Certification System in 2014, the recognition among the customers about the long-life housing is still on the low level as shown in that 79.9% of respondents were not aware of the long-life housing; 2) For three alternative plan types, 78.5% on the integration type in front, 63.1% on the moving kitchen type, 47.0% on the Divided Housing type had intention to change; 3) 68.9% of the total are willingly ready to purchase the long-life housing under the condition of no difference in price between normal apartment and long-life housing. The less the number of family members is, the bigger this ratio of positive purchase intention is. Reflecting these results into the designs is expected to contribute to the enhancement of customer satisfaction as well as the diffusion of long-life housing.

• 시큐리티연구
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• 제36호
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• pp.387-416
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• 2013

본 연구는 2010년 서울에서 개최된 G20 정상회의 행사의 안전활동 문제점을 도출하여 이를 토대로 향후 우리나라에서 개최될 국제회의 안전활동에 대한 발전방안을 모색해 보는데 그 목적이 있다. 이와 같은 목적을 달성하기 위하여 G20 정상회의 행사에 직접 참여한 경찰, 소방, 군, 국정원 등 안전기관의 문제인식 차이를 통하여 제반적인 문제점을 도출해 보고자 한다. 이를 위해 G20 정상회의 행사에 차출되어 근접 근무한 4개 안전기관 직원을 대상으로 델파이방법에 의해 의견을 수렴, 국제회의의 단계별 구성요소 및 문제점을 파악하고 구성요소별로 문제인식에 대한 통계처리를 실시하였다. 이와 함께 안전기관 전문가 4명과 1:1 면담결과를 통하여 국제회의 행사에 있어서 행사장에서 주로 이루어지는 실시단계는 어떤 역할을 수행하며 그 중요성이 무엇인지를 확인한 결과는 다음과 같다. 첫째, '안전의전 부문'으로 의전과 안전은 순치관계로 비유될 정도로 상호 상생이 필요하기 때문에 더욱 긴밀한 협력과 정보교환이 요구된다. 둘째, '상황관리 부문'에서는 준비기획단을 중심으로 광역지자체, 제 안전기관간의 신속하고 유기적인 정보교환 및 기능별, 장소별로 분산된 모든 안전인력을 통합적으로 운용할 수 있도록 각 안전기관의 상황실간 협조체제를 강화해야 한다. 셋째, '안전인력자원관리 부문'에서는 제 안전인력이 행사에 전념할 수 있는 시스템을 강구하고, 여건이 충족될 수 있도록 지도층의 격려와 관심이 필요하다. 넷째, '지자체협조지원 부문'에서는 국제회의 개최도시의 광역지자체는 국제회의 각종 시설의 운영, 회의운영 지원, 관광 등 행사 파급효과 달성, 숙박시설 서비스의 극대화, 교통시설의 정비 등에서 1차 책임을 수행하므로 시 도지사의 관심 하에 특별점검을 수행해야 한다.

• 시큐리티연구
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• 제19호
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• pp.105-138
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• 2009

본 연구는 2005년 부산에서 개최된 APEC 행사의 안전활동 문제점을 도출하여 이를 토대로 향후 우리나라에서 개최될 다자간 국제회의 안전활동에 대한 제고방안을 모색해 보는데 그 목적이 있다. 이와 같은 목적을 달성하기 위하여 부산 APEC 행사에 직접 참여한 경찰, 소방, 군, 국정원 등 안전기관의 문제인식 차이를 통하여 제반적인 문제점을 도출해 보고자 한다. 이를 위해 APEC 행사에 차출되어 근접해서 근무한 4개 안전기관 직원을 대상으로 델파이방법에 의해 3차례에 걸쳐 의견을 수렴, 다자간 국제회의의 단계별 구성요소 및 문제점을 파악하고 구성요소별로 문제인식에 대한 통계처리를 실시하였다. 이와 함께 안전기관 전문가 4명과 1 : 1 면담결과를 통하여 다자간 국제회의 행사에 있어서 현장에서 주로 이루어지는 현장활동단계는 어떤 역할을 하며, 그 중요성이 무엇인지를 확인한 결과는 다음과 같다. 현장활동단계에서는 첫째, 인력운영 면에서는 안전기관의 유경험자를 데이터베이스화하여 관리함으로써 차제에 유사한 범국가적인 행사에 차출할 수 있는 시스템을 마련해야 한다. 둘째, 효과적인 폭발물 검측을 위해서는 첨단장비의 도입을 중기계획에 의거하여 차질 없이 수행하고 유관기관과 합동반을 구성하여 주요 취약시설에 대한 점검을 동시에 병행하여야 한다. 셋째, 안전장비의 첨단화를 위해서는 첨단장비 박람회를 통한 장비도입이 사전에 이루어져야 한다. 넷째, 국내 외 정보기관과 행사와 관련된 정보를 공유하고 협조체제를 강화하여 대테러활동에 최선의 대책을 강구해야 한다. 다섯째, 각 기관별로 홍보활동을 경쟁적으로 전개하는 것 보다 상호이해 증진차원에서 홍보기구를 설치하여 대국민 홍보대책을 강구해야 한다. 여섯째, 소방관련 기관과의 협력을 강화하기 위해서는 평시에 전기, 가스, 승강기 등 관련회사와 유기적인 협조체제를 강화하여 행사 시 유관기관과의 통합조정권이 확보될 수 있도록 정책적인 배려가 필요하다. 일곱째, 원활한 취재활동의 편의를 제공하면서도 안전 및 질서유지를 도모하기 위해서는 명확한 보도관리 지침수립이 필요하다.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• 한국학교수학회논문집
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• 제3권1호
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• pp.149-163
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• 2000

The Ministry of Education have had us practice the performance test as a substitute proposal, however, all the more for the idealistic purport, our education front does not have such a sufficient condition as to practice the performance test for many classes and miscellaneous duties and over-populated class, and that practice has been enforced so abruptly without any drastic preparation and has caused much confusion from the beginning of that enforcement. Thus, these problematic concerns are remained as the tasks of the teachers to be solved by themselves in the front of education, and herein I came to do this research. The followings are the conclusions that I got as the results of the research (1) Performance test style should be applied in consideration of the students' achievement level and the gap of the teachers' recognition; descriptive test, portfolio assignment and formative test styles were proper for the students lacking basic study ability. (2) Descriptive test should have its beginning with the question items to which students can write the problem solving procedure logically rather than those to evaluate the creation ability and thinking ability: and putting down specifically the assessment standard could prevent students' confusion and scheme the impartiality of the assessment. (3) Portfolio assignment evaluation should be given with as interesting and suitable amounts as possible so that the students can do by themselves. (4) Utilizing the performance test table enabled easy management of documentary evidence. And it is needless to say that the success of the performance test should have preceding conditions like the teachers' understanding and their positive participation. Therefore, I'd like to give suggestions herein like the followings; (1) The performance test should not always be made into grades, and there is a need to develop the test gradually in the condition that the education surroundings permit by checking time, frequency, ratio and contents of the test while practicing the multiple choice writing test. (2) As long as the performance test has the aims of improving the studying and learning activities, any performance test only for the sake of making numerals with the thought that assessment is the disposal of the grades should be avoided, and the change of the lecturing styles and development of various assessing types and studying materials should be endeavored to confirm with the aims.

• 영어영문학
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• 제57권5호
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• pp.787-812
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• 2011

This essay aims to explore Herman Melville's recognition and resolution of the vicious link between law and violence in his posthumous Billy Budd, Sailor (1924). In order to investigate the issues, this essay refers to Freud, Benjamin, Derrida, Lacan, and Žižek, all perceptive to the uncanny affinity of law and violence. Especially, Žižek's arguments of "superego" as an embodiment of cruel and destructive violence supplementing the official law and of "love" as an ethical possibility beyond the limit of the problematic law are introduced in this study to make Melville's reflection of the inseparableness between law and violence much clearer. John Claggart and Captain Vere embody the legal (superegoic) violence. Claggart even procurs secret enjoyment, in the name of maintaining positive law. Billy Budd discloses another violence defending his justness according to natural law. However, Melville suggests the possibility of suspending the problematic tie of law/violence through "love," as portrayed at the last part of the story. The two final words from Billy and Vere, as a sort of delayed dialogue between them after the event of their secret interview before Billy's hanging, suggest that they finally distance from the obscene nightly law of superego-respectively from outward punitiveness toward Vere and from inward punishment for Vere's excessive enforcement of Billy's hanging-and identify each other's lack as their own. Their love implicated in the last words is for the real other-in Lacan's sense-who discloses the constitutive lack or incompleteness of beings and aporia of the law. This essay's examination of Melville's representations about the superegoic violence as the (im-)possible condition of law and the possibility of withdrawing from it would help us recognize Billy Budd, Sailor as the author's own last word for the possible vision of love cutting the vicious knot of law/violence.