• 제목/요약/키워드: Third Parties

검색결과 398건 처리시간 0.023초

Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • 제23권2호
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • 제21권3호
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

Analyses of a Signal Traffic for Authentication in Mobile Sensor Network (이동 센서 네트워크망에서의 인증 메카니즘 신호의 트래픽 분석)

  • Kim Jung-Tae
    • Journal of the Korea Institute of Information and Communication Engineering
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    • 제9권7호
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    • pp.1524-1528
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    • 2005
  • In this paper, we analyses of a traffic for authentication signaling in third generation mobile sensor network. In universal mobile telecommunication system, authentication functions are utilized to identify and authentication a mobile station and validate the service request network services. The authenticating parties are the authentication the serving general packet radio service support node access the authentication center to obtain the authentication with the mobile station. In this paper, we propose that the automatic cost-effective solution size of the authentication vector array.

A Study on the Safety Organization Design of the Korean National Railroad (철도운영자의 안전조직설계에 관한 연구)

  • Bhang, Youn-Keun;Moon, Dae-Seop;Yoo, Jae-Kyun
    • Proceedings of the KSR Conference
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    • 한국철도학회 2004년도 추계학술대회 논문집
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    • pp.1634-1645
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    • 2004
  • This study reveals that rail reform which separates infrastructure from train operation requires more safety activities to train operator than before. To meet these requirements the train operator, KNR, should build up more expertness, accept accidents investigation by the third party, establish and operate safety knowledge management system, and manage a forum which facilitates the communication between the parties concerned.

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Reserch on Wind Fressure Criteria of the Transsmision Tower (송전용 철탑 풍하중 설계기준에 관한 연구)

  • Byung, Gang;Min, Byeong-Wook;Shin, Tai-Woo;Wi, Hwa-Bok;Pak, Jai-Woong
    • Proceedings of the KIEE Conference
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    • 대한전기학회 2003년도 추계학술대회 논문집 전력기술부문
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    • pp.20-22
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    • 2003
  • This paper focuses on the effects of wind pressure on transmission towers. It recommends the need for an application method to strengthen some existing towers, especially those in areas regularly affected by typhoons, and to be applied to new constructions. Some considerations taken into account were modifying existing towers exposed, which can cause significant damage to the power system and the effects of damage on third parties.

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ECC based Authentication Scheme for Securing Data Contents over Open Wireless Network Systems

  • Caytiles, Ronnie D.;Park, Byungjoo
    • Journal of Advanced Information Technology and Convergence
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    • 제8권2호
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    • pp.1-11
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    • 2018
  • Multimedia contents have been increasingly available over the Internet as wireless networks systems are continuously growing popular. Unlimited access from various users has led to unauthorized access of third parties or adversaries. This paper deals with the implementation of elliptic curve cryptography (ECC) based user authentication for securing multimedia contents over the Internet. The ECC technique has been incorporated with the advanced encryption standard (AES) algorithm to ensure the complexity of the proposed authentication scheme and to guarantee authenticity of multimedia services.

Implementation of NGN Service and Performance Measurement (NGN 서비스 구현과 성능측정)

  • Kim Hyoung-min;Kim Hwa-sung;Choi Young-il;Lee Byung-sun
    • The Journal of Korean Institute of Communications and Information Sciences
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    • 제30권1B호
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    • pp.1-6
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    • 2005
  • Communication network is in a transition toward the NGN (Next Generation Networks) to accommodate the explosive demand of new services. The NGN allows the third-party application provisioning by defining the networks as layers of Services, Distributed Processing Environment and Transport. Especially, the Service layer can further be divided into Application and Service Component layer. In order to realize the third-party application provisioning, the Parlay Group has adopted an open Parlay API as an interface between the Application and the Service Component layer. Using Parlay API, the third parties may develop and deploy the IT-based applications at the Application layer exploiting the service components located within network operators' domain. In this paper, we present the implementation details about the Third Party Call Control (TPCC) Service using the third-party service logic based on Parlay API and Parlay X API, when SIP is used as a signaling protocol in Transport layer. Also, we compare the performance evaluation of both implementations.

A Study on the Seller's Liability regarding Property in Goods on the International Sale of Goods

  • Oh, Won-Suk;Min, Joo-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • 제52권
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    • pp.3-22
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    • 2011
  • This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

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Modeling Service based on XML Schema for MPEG Multimedia Middleware

  • Hendry Hendry;Kim Mun-Churl
    • Korea Multimedia Society
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    • 제10권1호
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    • pp.114-128
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    • 2006
  • Recently MPEG (Moving Picture Experts Group) has started a new standardization activity called MPEG Multimedia Middleware (M3W). The M3W supports multimedia applications Independent of hardware and software such as operating systems so that the portability and interoperability of multimedia applications are greatly improved. In doing so, the M3W adopts the concept of a service-based middleware. The M3W standardizes a set of multimedia Application Programming Interfaces (APIs) and their implementations can be pro vided by third parties In the form of services. In this paper, we introduce the usage of XML metadata in describing the standard multimedia APIs and third party's services and also we explain the role of the XML Schema within the M3W in providing transparent access from application to the M3W services.

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A Study on Possibility of International Trade by using of Block Chain (국제 무역거래에서 블록체인의 활용 가능성에 관한 연구)

  • KIM, Jae-Seong;LIM, Sung-Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • 제75권
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    • pp.137-158
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    • 2017
  • Traditional banking systems of transactions are being replaced by FfinTech. Block Chain System can be a key point in Fourth Industrial Revolution such as AI, Big Data, IOT and also can be used as a tools of smart contract or smart payment systems in International Trade. If banking regulation is to be liberalized FinTech would be more activated in Korea and various attempts would be available especially smart payment in business. There are so many levels to be achieved from the time of contract to the time of clearance. We cannot expect speed and range of IT advancement and international trade, Block Chain system will challenge the traditional banking process. First, Block Chain Payment system can be used in P2P, B2B transaction and also T/T in small business. Second, Bit Coin transaction can be available within the parties without the Trusted Third Party. Third, By using of Block Chain system Traditional International Trade process can be altered.

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