• Journal of Arbitration Studies
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• v.14 no.2
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• pp.73-106
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• 2004

The UNCITRAL Arbitration Working Group began its deliberations on the topic of interim measures of protection at its thirty-second session (Vienna, 21-30 March 2000), when the Working Group expressed general support for a legal regime governing enforcement of interim measures of protection ordered by the arbitral tribunal. Also the Working Group took a preliminary analysis of whether there was a need for a uniform rule on court-ordered interim measures of protection in support of arbitration. The Working Group agreed, at its thirty-third session (Vienna, 20 November-1 December 2000), that the proposed new article to the UNCITRAL Model Law on International Commercial Arbitration on enforcement of interim measures of protection (tentatively numbered article 17 bis) should include an obligation on courts to enforce interim measures if prescribed conditions were met. At its thirty-fourth session (New York, 21 May-1 Jun 2001), in addition to continuing its review of draft article 17 bis, the Working Group proceeded to consider a text revising article 17 of the UNCITRAL Model Law, which defined the scope of an arbitral tribunal's power to order interim measures and included an additional provision on the granting of interim measures on an ex parte basis. Discussions in relation to revised drafts of article 17 and 17 bis of the UNCITRAL Model Law have continued at the fortieth session ( New York, 23-27 February 2004). Article 17 of the UNCITRAL Model Law provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute. However it may be noted that the article does not deal with enforcement of such measures.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.403-412
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• 2011

The execution of capital market law causes severe competition by promoting restructuring of financial industry. This study analyze efficiency and productivity change of the Korean Non-Life Insurance industry between pre-execution and pre-execution of capital market law using DEA model and Malmquist Index. Additionally, this study finds determinants of efficiency using tobit regression. The main results of this study can by summarized as follows. First, the efficiency with post-execution was increased comparing with pre-execution of capital market law significantly. Second, the productivity with post-execution was increased comparing with pre-execution of capital market law significantly. Third, significant determinants of technical efficiency and pure technical efficiency are weight of life planner. operation rate of assets respectively. And significant determinant of scale efficiency are firm size, operation rate of assets, weight of life planner.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.361-389
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• 2008

The purpose of this study is to detect the factors which have an effect on transformation level and performance and to provide the ways of successful transformation and vitalization from OEM to ODM. This study was proceeded by an empirical analysis. A model and hypotheses were set up and they were verified through the empirical analysis. Those factors were divided into four, inner company factors, strategic factors, core competence factors and purchase determining factors. In the result of the model suitability analysis on the study model of relationship among 'influencing factors of ODM transformation - ODM transformation level-export performance', every factors, $X^2=912.067$, DF=261, p value=0.000, GFI=0.737, AGFI=0.620, NFI=0.786, IFI=0.837, CFI=0.834, Q value=3.495 were rather insufficient to be a good model, but they were good enough for the general analysis. Taking these accounts into consideration, this study suggests the following implications. First, making a plan and setting up strategies in advance are required. Second, financial plan has to be prepared. Third, trends in global markets have to be analyzed. Fourth, companies have to focus on developing new materials and products through R&D. Fifth, quality competitiveness and quality control systems are required.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• International Journal of Automotive Technology
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• v.8 no.6
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• pp.731-744
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• 2007

A method for dynamic analysis and design calculation of a Powertrain Mounting System(PMS) including Hydraulic Engine Mounts(HEM) is developed with the aim of controlling powertrain motion and reducing low-frequency vibration in pitch and bounce modes. Here the pitch mode of the powertrain is defined as the mode rotating around the crankshaft of an engine for a transversely mounted powertrain. The powertrain is modeled as a rigid body connected to rigid ground by rubber mounts and/or HEMs. A mount is simplified as a three-dimensional spring with damping elements in its Local Coordinate System(LCS). The relation between force and displacement of each mount in its LCS is usually nonlinear and is simplified as piecewise linear in five ranges in this paper. An equation for estimating displacements of the powertrain center of gravity(C.G.) under static or quasi-static load is developed using Newton's second law, and an iterative algorithm is presented to calculate the displacements. Also an equation for analyzing the dynamic response of the powertrain under ground and engine shake excitations is derived using Newton's second law. Formulae for calculating reaction forces and displacements at each mount are presented. A generic PMS with four rubber mounts or two rubber mounts and two HEMs are used to validate the dynamic analysis and design calculation methods. Calculated displacements of the powertrain C.G. under static or quasi-static loads show that a powertrain motion can meet the displacement limits by properly selecting the stiffness and coordinates of the tuning points of each mount in its LCS using the calculation methods developed in this paper. Simulation results of the dynamic responses of a powertrain C.G. and the reaction forces at mounts demonstrate that resonance peaks can be reduced effectively with HEMs designed on the basis of the proposed methods.

• Journal of Ocean Engineering and Technology
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• v.20 no.5 s.72
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• pp.30-35
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• 2006

In tire presence of incident waves with different frequencies, there are second order sum and difference frequency wave exciting forces due to the nonlinearity of tire incident waves. Although the magnitude of these nonlinear wave forces are small, they act on TLPs at sum and difference frequencies away from those of the incident waves. So, the second order sum and difference frequency waveexciting forces occurring close to tire natural frequencies of TLPs often give greater contributions to high and law frequency resonant responses. Nonlinear motion responses and tension variations in the time domain are analyzed by solving the motion equations with nonlinear wave exciting forces using tire numerical analysismethod. The numerical results of time domain analysis for the nonlinear wave exciting forces on the ISSC TLP in regular waves are compared with the numerical and experimental ones of frequency domain analysis. The results of this comparison confirmed tire validity of the proposed approach.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.33 no.5
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• pp.57-64
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• 2005

Modern versions of supersonic jet fighter aircraft using digital flight-by-wire flight control system receive aircraft flight condition such as altitude, airspeed and AoA(angle of attack) from IMFP(Integrated Multi-Function Probe). IMFP sensors data have triplex structure using three IMFP sensors. An air data reconfiguration mode is applied to a T-50 flight control law to guarantee the aircraft flight stability when 2 or 3 IMFP sensors data are invalided. In this study, linear analysis and HQS(Handling Quality Simulator) pilot simulation are performed to analyze flight stability when the air data reconfiguration mode is applied to the control law. And we propose an example that the air data reconfiguration mode is applied to the control law due to second failure of IMFP during T-50 flight. It is found that the aircraft flight stability is not affected when the T-50 flight control law is changed to the air data reconfiguration mode.

• Informatization Policy
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• v.24 no.3
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• pp.42-66
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• 2017

This study investigated the ecological change of public software industry, comparing the pre and post structure of industry network based on the application of the regulation restricting large company participation in public software market. For this purpose, we used big data of the software market from Korea Public Procurement Service and used the SNA(Social Network Analysis) methodology which is being actively used in the area of social science recently. Finally, we highlighted the contribution of open public data. By analyzing order and contract data of the public software industry for 3 years - from 2013 to 2015 - we found out two main things. First, we observed that Power Law distribution had been going on in the public software industry, regardless of the external impact of regulation. Second, despite the existence of such Power Law distribution, we also observed the ecological change of industry structure from year to year. We presented the implication of such findings and discussed the advantage of open public data as the original motivator of this study.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.48
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• pp.79-100
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• 2010

To promote the nation's exports, in Korea several government led programs are alive for procuring and manufacturing goods for export. The trade supporting programs are consisted of Trade Financing Program, Trade Tax Program, and Trade Insurance. The programs are summarized ; First, Trade Financing Program is available to exporters of procuring raw materials and finished goods for export. It is extended with exceptionally low interests from the Korean commercial banks. Second, Trade Tax Program provides whole or part of customs drawback to exporters. customs drawback is' made when exporters meet requirements of Customs for export. Third, Trade Insurance Program cover risks of uncertainty which is beyond the exporters' capacity at low insurance premium. It is suggested that the exporters have deep knowledge of these three programs to their ends. Especially Trade Financing Program and Trade Insurance Program can be a combined work for the financially weak SMEs. Further, there are rooms for these programs to develop to enhance the competitiveness of SME exporters.