• Journal of Arbitration Studies
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• v.32 no.2
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• pp.115-133
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• 2022

This article examines the Practical Suggestions for Promoting of Virtual Hearings in International Arbitration. COVID-19 had an prompt and meaningful impact on the practice of international arbitration. Nevertheless arbitral institutions, arbitral tribunals, and other participants learned quickly how to deal with this new challenge. The use of virtual or online hearings has been gaining popularity during the COVID-19 pandemic. Either with the help of arbitral institutions or by themselves, the parties realized that the only way to safeguard a hearing at all was to run it virtually. In fact, hearings by video conference or other technical means seemed to be the magic solution. One of the leading arbitration institutions, i.e. the International Chamber of Commerce in Paris has amended its Arbitration Rules to accept the subjects of recent international arbitration practice. Other arbitral institutions have similarly amended their respective rules. Many recent and adaptable institutional arbitration rules, either expressly or implicitly, allow for hearings to be conducted remotely. The trend has already been set by the leading institutions as ICC, LCIA, ICSID, SCC SIAC, and many more will follow. In short, enthusiasts of virtual hearings even believe that virtual hearings are "the new normal".

• The Korean Journal of Rehabilitation Nursing
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• v.3 no.2
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• pp.127-140
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• 2000

The purpose of this study is to identify the effect of sexual rehabilitation education on the knowledge and adjustment of sexual of spinal cord injury clients by the method of nonequivalant control group pretest-posttest group. The data were collected from Jan. 19 though Feb. 16, 2000. The experimental group was 26 spinal cord injury client from one rehabilitation center, and the control group was 26 spinal cord injury client from two rehabilitation center. Sexual rehabilitation education was done with manuals, videotapes and chart. Education time was 120 minutes a week for 2 weeks. The study tool was about Sexual Knowledge, designed Song, Chung Sook(1990) and SIAC(Sexual, Interest, Activity, & Satisfaction) designed Kruter, Sullivan, Siosteen(1994) translated by Kang, Hyun Sook, Koh, Jung Eun, Suh, Yeon Ok, Yee, Oon Hee(1999). The collected data were analyzed SPSS program. The Data were analyzed descriptive statistics and $X^2$ test, Pearson's Correlation Coefficient, t-test, F-test (ANOVA), Duncan's multiple comparison test. The result were as follows. 1. The first hypothesis was accepted : The group educated about sexual rehabilitation has more sexual knowledge than those of the uneducated group(t = 7.412, p = .001). 2. The second hypothesis was accepted : The group educated about the sexual rehabilitation has more adjustment of sexual than those of the uneducated group(t = 5.524, p= .001). 3. The third hypothesis was accepted: The higher sexual knowledge state, the higher sexual adjustment(r= .449, p= .003). According to results, sexual rehabilitation education helps Spinal cord Injury Clients to gain knowledge and adjustment of sexual.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.91-120
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• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.