• Electronics and Telecommunications Trends
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• v.34 no.3
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• pp.114-124
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• 2019

The Internet was designed for machines, not humans, and hence, nobody owns a digital identity. Instead, a digital identity is rented from a website and an application. This lack of unique and secure digital identities has resulted in confusion in the online/cyber world. Digital identities pose one of the oldest and most difficult problems with regard to the Internet. There is still no way to use digital credentials to prove, own, and control an online identity, namely a self-sovereign identity, in the same manner we do in the offline world, particularly without a trusted third party. This article discusses the current open standards for digital identities, proposes solutions pertaining to digital identities in the future, and introduces the concept of a blockchain-based self-sovereign digital identity without the need of trusted third parties.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.55-77
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• 2008

The purpose of this paper is to make a research on the administration and practical problems of the arbitral organization called "uth-North Commercial Arbitration Commission". The Arbitration Commission shall be set up under the South-North Agreements officially called "reement on Settlement Procedure of Commercial Dispute" and "reement on Organization and Administration of the South-North Arbitration Commission" between the South and the North of Korea. A variety means of dispute settlement including friendly consultations, conciliation and arbitration called Alternative Dispute Resolution(ADR) will be used frequently and institutionally to settle commercial disputes and conflicts arising from economic transactions between the South and the North of Korea. Under the circumstances, it is becoming a problem of vital importance how to operate the Arbitration Commission for the prompt and effective settlement of the South-North commercial disputes. First of all, the South and the North of Korea should recognize the availability of prompt and effective means of dispute resolution such as arbitration and conciliation to be made by the Arbitration Commission would promote the orderly growth and encouragement of th South-North trade and investment, for which the following measures should be taken as soon as possible : 1. Enactment of the South-North Arbitration Rules. 2. Designation of the arbitral institution by North-Korean side. In this connection, the Korean Commercial Arbitration Board(KCAB) was already designated officially as the arbitral organization of South Korean side as of April 17, 2007. 3. Arbitration shall be held in the place where the respondent has his domicile, in case that both parties fail to agree as to the place of arbitration. 4. Permission of a third country arbitration in case that both parties agree to do so. 5. To become a member country of international arbitration agreements including the New York Convention.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.151-192
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• 2000

This study has been focused on the revisions and characteristics of the 7 non-maritime trade terms(EXW, FCA, CPT, CIP, DAF, DDU and DDP) in Incoterms 2000. Main characteristics are as follows: First, the use of different expressions intended to convey the same meaning has been avoided and the same expressions as appear CISG have been used. Second, the content of preamble in each trade terms has been shortened and definitedly. Third, if the parties are going to use variants of trade terms in Incotrems 2000, the meanings should be made clear by adding explicit wording in the contract of sale. Main revisions of the 7 trade terms are as belows: First, Incoterms 2000 has emphasized that in EXW, the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. Second, in FCA, delivery is completed; a) If delivery occurs at the seller's premises, the seller is responsible for loading. b) If delivery occurs at any other place, the seller is not responsible for unloading. Third, in CPT and CIP, all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unloading costs and all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country are linked with the content under the contract of carriage. Fourth, Incoterms 2000 has emphasized that in DAF, the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. Fifth, Incoterms 2000 has emphasized that in DDU, the seller delivers the goods to the buyer, not cleared for import(in DDP, cleared for import), and not unloaded from any arriving means of transport at the named place of destination. Sixth, if the parties do not intend to deliver the goods across the ship's rail, FCA, CPT and CIP instead of FOB, CFR and CIF should be used.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.113-127
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• 2003

In some legal systems property passes at the time of the conclusion of the contract. In other legal systems property passes at some later time such as the time at which the goods are delivered to the buyer. It was not regarded possible to unify the rule on this point nor was it regarded necessary to do so since rules are provided by this CISG for several questions linked, at least in certain legal systems, to the passing of property. Even though the CISG rules that it does not govern the passing of property in the goods sold, it does not exclude completely the effect which the contract may have on the property in the goods sold. Problems that under some domestic systems are decided by reference to the "property" concept are governed by specific provisions of the CISG. First of All, the CISG(Arts. 41 and 42) deals with seller's obligation to the buyer that the goods be free of third party claims. Moreover, Article 45 gives a buyer the right to require the seller to deliver goods that the seller wrongfully withholds. Secondly, Article 81(2) gives a seller the right to claim restitution of goods for which the buyer fails to pay. Domestic law must respect these rights as between the seller and buyer; if such rights between the parties prevail over the claims of creditors or other third parties under domestic law, domestic tribunals should give the same effect to rights established by the CISG. Thirdly, the right to sell the goods arises where there has been an unreasonable delay by the party in taking possession of them or in taking them back(Article 88).

• The Journal of Korean Institute of Communications and Information Sciences
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• v.37 no.4C
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• pp.297-306
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• 2012

IT technology of U-healthcare system is being grafted onto medical services and the use of U-healthcare system are extending steadily. However, in case of patients using Implantable Medical Device (IMD) in U-healthcare system, patients' privacy protection and safe access to system recently has emerged as a major issue. This paper proposes a patients' privacy protection protocol to prevent any illegal accesses from third parties as state value and action value are synchronized after patients' information virtualization. The proposed protocol can limit the access range of patients' information according to authentication information of hospitals, doctors, nurses, and pharmacies registered in the U-healthcare server. Additionally, this protocol can increase management efficiency for patients' privacy by synchronizing state values and action values only for approved information and, by instituting this process, third parties cannot easily access patients' information.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.42 no.3
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• pp.206-216
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• 2019

The present study identified several antecedents that create perceived resistance to supply chain management (SCM) change. This work particularly emphasizes SCM change, which is notable given its central role in reacting market orientation and varied environmental and managerial conditions. A careful case study on a small and medium sized food production company in South Korea leads to the formulation of our framework including one second-order construct of 'resistance' as well as eight first-order constructs of 'implementing the payment terms', 'balancing of business process', 'fear of responsibility', 'business sustainability transparency', 'past experience of failure', 'competence of work personnel', 'cooperation with third parties' and 'sharing personnel information with partner'. The hypothesized relation of first- and second-order construct was validated using survey sample data collected from 350 respondents who completed their questionnaire instrument. Results from confirmatory factor analysis revealed that nomological validity was established at statistical significance level by identifying six first order constructs of 'implementing the payment terms', 'fear of responsibility', 'business sustainability transparency', 'past experience of failure', a conbined construct of 'competence of work personnel/cooperation with third parties' and 'sharing personnel information with partner'. The findings from our work are expected to provide important insights to the strategy for SCM risk management for small and medium sized company.

• Journal of Environmental Impact Assessment
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• v.18 no.2
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• pp.111-122
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• 2009

The impact of Korea's joining the Convention on the Conservation of Migratory Species of Wild Animals(CMS) was analyzed to examine its merits and faults as well as to discuss Korea's opportunities. Results of the analysis based on the agenda and decisions of the Conferences of the Parties, the parties performance, and other committees meetings over the last decades indicated that the affiliation of Korea into the CMS could provide various advantages and opportunities for Korea. First, Korea could upgrade its conservation activities regarding migratory species to the global aspects. Second, Korea could take initiatives for conservation of the migratory species in the Far East Asia. Third, Korea would have a better system in forecasting and problem-solving against the epidermic Avian Influenza through systematic cooperation with the CMS parties and other related international regimes. Finally, Korea will be in a better position to generate statistical data and to develop techniques to reduce the by-catches of the sharks and whales. Korea has already provided a fair and protective institutions for most of the migratory endangered species listed under Appendix I and II of the CMS. This implies that Korea may not require additional major changes to the basic acts and/or legislation. Joining the CMS may negatively impact on the fisheries and related businesses related to whales and sharks around the Ulsan and Pohang provinces. However, the obligation to protect whales and sharks demanded by the CMS is regarded as an acceptable article in Korea according to the analysis of the existing policies and scientific aspects. Nevertheless, if the joining the CMS should generate irreversible hardship for local people's livelihood and cultural aspects, Korea may ask for reservations on particular activities. Overall, we suggest that by joining the CMS, Korea could see various advantages and promotion in national policy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.1-22
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• 2016

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward the most plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should consider when they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify the meaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one's signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, it may be necessary to enclose them in the offer or to bring the other party's attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.189-219
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• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.699-733
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• 2000

This article analyzes the state-of-play of WTO dispute settlement for first four and a half years. Remarkable points found on this analysis are as follows: First, the Quad consisting of the United States, the European Community (EC), Canada and Japan has participated in the WTO dispute settlement mechanism more frequently than any other WTO member. Second, among developing country members some leading countries such as Korea, Brazil and India have relied actively upon the mechanism to claim and defend their rights and obligations under the WTO rules. Third, bilateral dispute settlements generally have been preferred to multilateral dispute settlements by the panel or Appellate Body. Fourth, observation of the Appellate Body proceedings well shows WTO members' strategy to use every process available to them. Fifth, the provisions of GATT 1994 have been most frequently invoked by the members. GATS and TRIPS Agreement disputes are mainly involved in developed countries, in particular the U.S. and the EC. Sixth, very high winning ratio in the panel and Appellate Body process indicates that complaining parties review the possibility to get favorable rulings even before referring to the Dispute Settlement Body (DSB) and prepare for the case very thoroughly. Seventh, roughly speaking, disputes were settled within two or three years. Therefore, seeking bilateral dispute settlement can be more advantageous to a complaining party than referring to a panel or an arbitrator because of low costs and short time period in dispute settlement. Finally, the DSB approved retaliatory actions for winning complaining parties against the defending parties who had rejected implementation of its rulings and recommendations. In conclusion, it can be said that the WTO dispute settlement mechanism has been operated very successfully for the first four and a half years. It is hoped that continued study on state-of-play of WTO dispute settlement mechanism will be contributory to improved national interest of Korea.