• Journal of Arbitration Studies
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• v.23 no.1
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• pp.1-23
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• 2013

When a court recognizes an arbitral award, it acknowledges that the award is valid and binding, and thereby gives it a set of effects similar to those of a court's judgment, among which res judicata is the most important. The res judicata effect of an arbitral award generally forbids parties to an action from subsequently litigating claims that were raised in a prior arbitration. In common law countries, res judicata may also preclude re-adjudication of issues raised and decided in a prior arbitration. The Korean Arbitration Act acknowledges the rights of parties to an arbitral award to seek not only an enforcement judgment but also a recognition judgment on an arbitral award. Therefore, the question arises whether or not the winning party in an arbitration must acquire a recognition judgment on the arbitral award in order to enjoy the effects of a recognized award. However, according to the case law and generally accepted views, an arbitral award is automatically recognized without any additional procedure, as long as it satisfies the requirements for recognition. Therefore, in order to resolve this question, it is desirable to eliminate the statutory clause that stipulates the right to seek recognition judgment.

• Journal of the Korean housing association
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• v.21 no.1
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• pp.79-88
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• 2010

The purpose of this study is to examine the design characteristic about the public space of privately-built apartment housing after the enforcement of price deregulation in Daegu. The public space of the multi-family housing is monotonous and closed according to the position of an elevator and a stair hall by the 1990's. However, the housing has been gentrified since 2000 because of demands of residents and purpose for selling in lots. Thus, the recognition of the apartments has changed and this change has led to extend the living territory and magnify the role of the public space where help interact with neighbors. This study is based on the survey of thirty nine apartment complex. Also, by using an analysis derived from a precedent study, design elements in approach and interior space of apartment residents are comprehended. The characteristic of the porch is researched and divided according to a roof of porch, form as the door, material of roof, wall, the ceiling and floor. Interior space is analyzed by several elements; forms of core, forms, materials and lights of ceiling, materials of walls and floors, existence and nonexistence of windows, and extra interior components etc. As a result of the study, After the enforcement of price deregulation, the public space of apartments has had improved quality in materials and design and the community center for residents such as waiting rooms and spots facilities has appeared. However, the traffic line of interior space has been very intricate. Also, sports facilities and waiting areas are limited to some apartments.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.161-199
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• 2019

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

• Korean Security Journal
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• no.4
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• pp.137-167
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• 2001

The Police main roles are order maintenance, law enforcement, community service, etc. Recently it is increasing service function to community that in the course of diverse roles. This study analyze recognition and attitudes of citizens on the Policing, present orientations of What should be trusted from citizens. The Research method examine theoretical literatures and survey questionnaire for empirical analysis. The SPSS(WIN) 10.0 Program is using analyze the data.

• Korean Security Journal
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• no.6
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• pp.235-254
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• 2003

The Police main roles are order maintenance, law enforcement, community service etc. Recently it is increasing service function to community that in the cource of diverse roles. This study analyze recognition and attitudes of citizens on the Policing, participation factors, relationship among many factors between independent variables and dependent variables. The research method examine theoretical literatures and survey questionnaire for empirical analysis. The spss(win) 10.0 program is using analyze the data.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.25-42
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• 2009

That occur in international trade disputes between the parties without resorting to a court trial on the basis of principle of government by the parties to resolve the dispute resolution in general (Alternative Disputes Resolution: ADR) agreed to, reconciliation, coordination, mediation and other methods are. Here, unlike arbitration and other dispute resolution arbitrator, the court confirmed the arbitration award came from the judge and the same shall become effective in doing international commerce dispute resolution methods are widely used. Arbitration Agreement is a contractual dispute, regardless of whether a certain law there arise about the relationship between the parties, Currently exists, future conflicts can arise in whole or in part by the arbitration agreement is to be resolved. Arbitration agreement include: the effects of out of contract arbitration proceedings, the court does not want the progress of the dispute referred to arbitration proceedings to the effect, and the presence of the parties to the arbitration agreement does not claim to knowing the defense plea that Appeals ticket of destruction that have the effect of demurrer, that the arbitration agreement are rebuttal to the rebuttal of prozesshindernde Einrede and the mediation of a plea on the merits when the first defense must be submitted to the arbitration proceedings in which the applicant until the arbitration award determined that the property dispute to court for water conservation measures to dispose of the watch was in effect for arbitration in the contract. In addition, the arbitration agreement and the court sentenced the same kinds of effects that resolved the final effect, especially at the same time the effect of foreign recognition and enforcement of the decision regarding the New York Convention arbitration award based on the recognition and enforcement of domestic and international effects are being recognized. Consequently, the arbitration agreement to take effect a valid arbitration agreement exists is determined by whether or not staying. Therefore, agreements between individual university entrance exams based on the company signed a contract regarding the effect of arbitration first, associated with individual university entrance exams, and the leading research and analysis, review, and examine the general concept of the arbitration agreement after the arbitration agreement between the parties focuses on information about the effects of study to contribute to the activation of the arbitration system is aimed at the individual university entrance exams.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.91-120
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• 2006

An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

• The Journal of Fisheries Business Administration
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• v.46 no.3
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• pp.163-176
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• 2015

Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2021.05a
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• pp.603-604
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• 2021

It is a enforcement system to prevent collisions caused by unmanageable parking that may occur in parking lots. There are handicapped people who can get up in parking lots, general vehicles parked in electric vehicle parking areas, and vehicles parked in two lanes. The vehicle above is detected and notified through the deep learning object recognition function. By using a picture or video of an unmanageable parking situation as learning data, the learning data is produced so that the situation can be recognized, and the situation is recognized to determine the presence or absence of unmanageable parking. The purpose is to reduce collisions between parking lot users by making the environment of the parking lot more comfortable.

• Journal of the East Asian Society of Dietary Life
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• v.21 no.3
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• pp.401-417
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• 2011

The purpose of this study was to investigate consumer concerns about hazardous elements on foods and recognition of the roles of government, food producers, and consumers in securing food safety. The data were collected from the 443 adult consumers living in Seoul, Busan, Daegu, Incheon, Kwangju and Daejeon through a self-administered questionnaire. Frequencies, t tests, analysis of variance and Duncan's multiple range tests were conducted using SPSS Windows. The results of the survey were as follows: (1) the respondents were worried about health risks related to hazardous elements on foods, (2) many respondents were more worried about preservatives of imported foods than those of domestic foods, and (3) most respondents mentioned that observance of enforcement regulations by producers was the most important factor for ensuring food safety in the future. These results imply that regulations regarding the safety of imported foods should be increased.