• Korea Trade Review
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• v.41 no.1
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• pp.187-213
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• 2016

Trans-Pacific Partnership Agreement and Trans-Atlantic Trade and Partnership Agreement introduce "regulatory coherence." Regulatory coherence refers to "the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment, economic growth and employment." This paper traces ideas dealing with regulatory reform and regulatory transparency as discussed in OECD, APEC and selected WTO agreements, examines the text of the regulatory coherence chapter of TPP and TTIP, then examines the regulatory reform system of Korea to see whether Korea satisfies the conditions set forth in the regulatory coherence chapter of TPP. The paper concludes that the Korean regulatory reform system mostly satisfies the requirements of the TPP chapter on regulatory coherence, but some additional procedural reforms are needed for laws proposed by National Assemblymen, and regional laws proposed by regional governments. Finally, the paper notes that the Korean government has been mis-translating regulatory coherence as regulatory convergence, which is a separate idea, and the government should correct its error as soon as possible.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2022.06a
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• pp.317-318
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• 2022

In accordance with global decarbonization, optimization and productivity improvement using digital twin are being sought, and software development for optimizing ship and marine energy operation is accelerating by selecting digital twin as a future core technology. In order to reduce the operating cost of ships and strengthen the competitiveness of the shipbuilding industry due to the international strengthening of regulations on carbon emissions, it is necessary to predict the carbon emission of ships in advance and provide a carbon reduction operation solution. A plan was carried out for the development of open digital platform technology and the establishment of an environment to support the securing of carbon transparency of the ship and offshore system.

• International conference on construction engineering and project management
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• 2013.01a
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• pp.338-343
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• 2013

Integrated Project Delivery (IPD) as a delivery method fully capitalizes on an integrated project team that takes advantage of the knowledge of all team members to maximize project outcomes. IPD is currently the highest form of collaboration available because all three core project stakeholders, owner, designer and contractor, are aligned to the same purpose. Compared with traditional project delivery approaches such as Design-Bid-Build (DBB), Design-Build (DB), and CM at-Risk, IPD is distinguished in that it eliminates the adversarial nature of the business by encouraging transparency, open communication, honesty and collaboration among all project stakeholders. The team appropriately shares the project risk and reward. Sharing reward is easy, while it is hard to fairly share a failure. So the compensation structure and the contingency in IPD are very different from those in traditional delivery methods and they are expected to encourage motivation, inspiration and creativity of all project stakeholders to achieve project success. This paper investigates the compensation structure in IPD and provides a method to determine the proper level of contingency allocation to reduce the risk of cost overrun. It also proposes a method in which contingency could be used as a functional monetary incentive when established to produce the desired level of collaboration in IPD. Based on the compensation structure scenario discovered, a probabilistic contingency calculation model was created by evaluating the random nature of changes and various risk drivers. The model can be used by the IPD team to forecast the probability of the cost overrun and equip the IPD team with confidence to really enjoy the benefits of collaborative team work.

• Journal of Information Technology Applications and Management
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• v.31 no.1
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• pp.113-122
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• 2024

This comprehensive study delves into the analysis of user review data across various metaverse platforms, employing advanced text mining techniques such as TF-IDF and Word2Vec to gain insights into user perceptions. The primary objective is to uncover the factors that contribute to user satisfaction and dissatisfaction, thereby providing a nuanced understanding of user experiences in the metaverse. Through TF-IDF analysis, the research identifies key words and phrases frequently mentioned in user reviews, highlighting aspects that resonate positively with users, such as the ability to engage in creative activities and social interactions within these virtual environments. Word2Vec analysis further enriches this understanding by revealing the contextual relationships between words, offering a deeper insight into user sentiments and the specific features that enhance their engagement with the platforms. A significant finding of this study is the identification of common grievances among users, particularly related to the processes of refunds and login, which point to broader issues within payment systems and user interface designs across platforms. These insights are critical for developers and operators of metaverse platforms, suggesting a focused approach towards enhancing user experiences by amplifying positive aspects. The research underscores the importance of continuous improvement in user interface design and the transparency of payment systems to foster a loyal user base. By providing a comprehensive analysis of user reviews, this study offers valuable guidance for the strategic development and optimization of metaverse platforms, ensuring they remain responsive to user needs and continue to evolve as vibrant, engaging virtual environments.

• The Journal of the Convergence on Culture Technology
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• v.10 no.3
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• pp.279-288
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• 2024

With the development of ICT, the use of software has become essential for organizations to exchange information or manage operations. However, security and software management issues that have increased with the development of ICT are issues that need to be continuously addressed. In 2021, the U.S. government has standardized and established SBOM as one of the countermeasures for software security. This research was initiated as a study to lay the groundwork for the introduction of SBOM in Korea. Based on the effects of SBOM characteristics on adoption intention, we tested management support and institutional support as moderating variables. As a result, security management was found to be a significant moderating variable for management support, and transparency was found to be a significant moderating variable for government institutional support. This study verified that SBOM adoption requires both corporate and government efforts, and the variables that are important from each perspective are different. We hope that this study will contribute to the development and adoption of SBOM.

• The Journal of the Convergence on Culture Technology
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• v.10 no.3
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• pp.667-673
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• 2024

This study aims to diagnose the issues arising from the relationship between the out-of-pocket maximum in health insurance and private indemnity health insurance and propose policy tasks for institutional improvement. Through literature research, the study analyzed the damage to consumers caused by the non-payment of refunds exceeding the out-of-pocket maximum and the changing role of indemnity insurance due to the strengthening of health insurance coverage. The results confirmed that unilateral interpretation of insurance clauses and incomplete sales practices infringe upon consumer rights, and that insurance premiums do not decrease despite the reduction in coverage of indemnity insurance. Therefore, the study emphasized the urgency of institutional improvements such as rationalization of product structure, transparency of risk rate calculation, and reinforcement of consumer information provision, as well as the need for social consensus on the rational division of roles between health insurance and private insurance. This study is significant in that it provides policy implications for the developmental reorganization of the healthcare system.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.469-497
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• 2015

In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.181-226
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• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• International Commerce and Information Review
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• v.15 no.3
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• pp.313-332
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• 2013

Large tundra of the Russian Empire, has rich resources and science and technology, and a huge domestic market potential is rapidly changing. Based on the abundant energy resources such as oil, gas, and minerals, as foreign trade is active, the huge capital is moving. And commitment the active SOC by improving laws and regulations and changes in the structure of the Russian economy. One of them pushed the WTO since 1993, 19 years to see fruition join the WTO (World Trade Organization). As the official entry into force August 22, Russia, July 10, 2012, Congress passed the treaty after joining the WTO and of the 156th WTO member countries, was officially join. As the WTO, Russia has the world's 11th-largest economy in the steel tariffs from 30% to 15% are exported to Russia, South Korea Car TV parts from 10% to 0%, reduced from 20% to 5% Korean export companies to export to Russia, etc., is expected to become the new land of opportunity. Russia hopes the changes improve the investment environment, the service industry, manufacturing revitalization the macroeconomic sectors of the economy through the WTO, and forecast, but the consumption increased revenue due to tariff cuts, falling import prices and the real economy, and weak manufacturing base. On the one hand, the perspective of concern. In conclusion, Russia joining the WTO, and the feed to improve the fairness and transparency of the market opening, the Russian advance in Korean companies be facilitated and strong complementary cooperation, especially in manufacturing is expected. In this paper, after Russia joining the WTO, trade liberalization, and ready for a new era of economic cooperation between Korea and Russia, at the point of expanding openness to propose strategies to analyze the problems of Korean companies during the Russian advance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.