• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• The Journal of Fisheries Business Administration
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• v.33 no.2
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• pp.49-74
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• 2002

This study examines, from an economic perspective, the reasons for introducing a resource taxe system into the Korean off-shore fisheries and the type of charges that can be introduced. Following a review of the charging systems in other advanced fisheries, we consider the types of charging scheme and some implications for the Korean off-shore fishing industry. Charges could be used for recovering part of fisheries management cost from the industry(i.e. administration, enforcement, research, etc). This can be justified on the grounds that the fishing industry is the main beneficiary of management and that it should therefore bear at least part of the cost involved. It is arguable that publicly-funded management is in effect a subsidy to the industry. Using charges to raise revenue in excess of the cost of management would represent the extraction of a public rent from the fishery resource, but the short-run financial consqquences for the industry would be significant. Results from a qualtitative analysis suggest that while any new charge will have a significant financial impact on the industry in the short run, a landings tax would have a lesser impact on fleet structure in the long run. The study also considers the possibility of a capital gains tax on license sales in order to recover some rent from the industry. Despite any short run-financial consequences, making the fishing industry pay for at least some of the cost of management could benefit the industry as a whole if there were more cooperation between industry and managers as a result. It is acknowledged, however, that there could be disputes over the relative management costs of different sectors of the industry. Even though this study makes few specific recommendations about charging the Korean off-shore fishing industry, it does advise that the issue be reviewed on the basis of the entire Korea fisheries. Finally, the study notes that insufficient data are available on the economic performance of the Korean off-shore fishing vessels and it recommands that a comprehensive system for the collection of costs and earnings data be put in place. It also suggests that MOMAF pay much attention to the permit right market and its transactions.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.49-72
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• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• Industry Promotion Research
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• v.8 no.1
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• pp.23-33
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• 2023

In modern times, damage caused by the spread of the Internet has become very diverse. In particular, due to the craze of K-pop since 2008, the damage caused by copyright infringement in the domestic and international music markets has become the biggest problem in the Internet market. However, the manpower of the police and copyright protection agencies to solve these increasingly intelligent crimes is insufficient. Therefore, we are trying to find out the role of the public interest detective as a supplementary force for the public authority and as a substitute for the copyright protection agency that can provide legitimate help for victims in the prevention of music copyright infringement and disputes. For this study, first, the concept and types of music copyright, the concept of public interest detectives, the current status and system of music copyright were identified, and the role of detectives for music copyright protection was explored through system operation and status analysis of protection agencies and literature review. Through the results of this study, it is hoped that the role of a professional detective in the public interest dimension of music copyright protection can be a good soil for the development of the detective industry in the future.

• Journal of Plant Biotechnology
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• v.43 no.4
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• pp.457-465
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• 2016

Microsatellites are one of the most suitable markers for identification of variety, as they have the capability to discriminate between narrow genetic variations. The polymorphism level between 120 microsatellite primer pairs and 148 soybean varieties was investigated through the fluorescence based automatic detection system. A set of 16 primer pairs showed highly reproducible polymorphism in these varieties. A total of 204 alleles were detected using the 16 microsatellite markers. The number of alleles per locus ranged from 6 to 28, with an average of 12.75 alleles per locus. The average polymorphism information content (PIC) was 0.86, ranging from 0.75 to 0.95. The unweighted pair group method using the arithmetic averages (UPGMA) cluster analysis for 148 varieties were divided into five distinctive groups, reflecting the varietal types and pedigree information. All the varieties were perfectly discriminated by marker genotypes. These markers may be useful to complement a morphological assessment of candidate varieties in the DUS (distinctness, uniformity and stability) test, intervening of seed disputes relating to variety authentication, and testing of genetic purity in soybean varieties.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.61-68
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• 2018

In general, defects cause a lot of maintenance costs and serious damage to various stakeholders, such as the owners, contractors or occupants of apartments. For this reason, a systematic and efficient defect management method is needed to minimize defect disputes. This paper derives a defect classification framework and proposes a defect risk assessment model for different types of defects. For this purpose, 6,000 defect items are allocated to the defect classification framework; these items are associated with 34 apartment projects over ten years old. As a result of this analysis, it was confirmed that the defect risks are concentrated in the areas of RC and finishing work. Based on these results, it is necessary to prevent the major risks of defects according to their priority. Based on this research, it is judged that further research to develop a method of managing the risks of defects may be necessary.

• Proceedings of the CALSEC Conference
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• 1998.10a
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• pp.45-55
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• 1998

A legal system is designed to regulate social phenomena appropriately minimizing potential disputes arising out of conflicts with social phenomena and to seek for stability of legal life. The development of information technology and network infrastructure changed way of communication significantly, which realized the new transactional concepts, such as EDI(Electronic Data Interchange), Commerce At Light Speed(CALS) and Electronic Commerce(EC). However, current legal systems of each nation, which are based upon the paper document, do not seem to accomodate such types of emerging transactions. In that context, we can observe many issues which cannot be resolved among the parties involved in such transactions even under the several sui-generis statutes regarding EDI in Korea. Based upon the recognition of the above circumstances, this paper will browse legislative efforts in advanced countries and international institutions like UNCITRAL, and WTO. Also this will cover outstanding issues in relation with the deployment of electronic commerce in Korea and suggest what should be revisited for better accommodation of the changes going on.

• Journal of the Korea Concrete Institute
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• v.28 no.4
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• pp.435-444
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• 2016

In Korea, approximately 48% of all households live in apartments, which are a form of multi-unit dwellings, and this figure increases up to 58%, when row houses and multiplex houses are included. As such, majority of the population reside in multi-unit dwellings where they are exposed to the problem of floor impact noise that can cause disputes and conflicts. Accordingly, this study was conducted to manufacture a high-weight, high-stiffness foamed concrete in order to develop a technology to reduce the floor impact noise. For the purpose of deriving the optimum mixing ratio for the foamed concrete that best reduces the floor impact noise, the amounts of the foaming agent, lightweight aggregate and binder were varied accordingly. Also, the target characteristics of the concrete to be developed included density of over $0.7t/m^3$, compressive strength of over $2.0N/mm^2$ and thermal conductivity of under 0.19 W/mK. The results of the experiment showed that the fluidity was very excellent at over 190 mm, regardless of the type and input amount of foaming agent and lightweight aggregate. The density and compressive strength measurements showed that the target density and compressive strength were satisfied in the specimen with 50% foam mixing ratio for foamed concrete and in all of the mixtures for the lightweight aggregate foamed concrete. In addition, the thermal conductivity measurements showed that the target thermal conductivity was satisfied in all of the foamed concrete specimens, except for VS50, in the 25% replacement ratio case for Type A aggregate, and all of the mixtures for Type B aggregate.

• Maritime Security
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• v.1 no.1
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• pp.273-310
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• 2020

This study aims at empirically analyzing the overall mechanism of the "Gray Zone Strategy", which has begun to be used as one of Chinese major maritime security strategies in maritime conflicts surrounding the South China Sea and East China Sea since early 2010, and comparing the resulting conflict patterns in those reg ions. To this end, I made the following two hypotheses about Chinese gray zone strategy. The hypotheses that I have argued in this study are the first, "The marine gray zone strategy used by China shows different structures of implementation in the South China Sea and the East China Sea, which are major conflict areas.", the second, "Therefore, the patterns of disputes in the South China Sea and the East China Sea also show a difference." In order to examine this, I will classify Chinese gray zone strategy mechanisms multi-dimensionally in large order, 1) conflict trends and frequency of strategy execution, 2) types and strengths of strategy, 3) actors of strategy execution, and 4) response methods of counterparts. So, I tried to collect data related to this based on quantitative modeling to test these. After that, about 10 years of data pertaining to this topic were processed, and a research model was designed with a new categorization and operational definition of gray zone strategies. Based on this, I was able to successfully test all the hypotheses by successfully comparing the comprehensive mechanisms of the gray zone strategy used by China and the conflict patterns between the South China Sea and the East China Sea. In the conclusion, the verified results were rementioned with emphasizing the need to overcome the security vulnerabilities in East Asia that could be caused by China's marine gray zone strategy. This study, which has never been attempted so far, is of great significance in that it clarified the intrinsic structure in which China's gray zone strategy was implemented using empirical case studies, and the correlation between this and maritime conflict patterns was investigated.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.293-322
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• 1998

General Administrative Procedures of the Preshipment Inspection 1. Initial notification Preshipment Inspection is initiated by Agency when it receives notice either from the importing country, or the seller, that an export needs to be imspected 1.1 Notice from the importing country 1.2 Notice from the seller 2. Preliminary price verification After receipt of initial notification, Agency undertakes, Where possible, a preliminary price verification, based upon the Inspection Order and other contractual documents received. 3. Customs classification When required by the Government of the importing country. Agency forms an opinion of the Customs Classification Code based upon the Customs Tariff Book and Rules of Classification of the country of importation. The Customs Classification Code determines the tariff rate on the basis of which the importer will be required to pay import duties. 4. Import eligibility 5. Arrangements for physical inspection 5.1 Inspection request from seller 5.2 Place of inspection 5.3 Date of inspection 5.4 Physical inspection procedures 6. Physical inspection results When the physical inspection is completed, the inspector submits his report to the Agency office and the result of inspection will be communicated to the seller and, where applicable, the place of inspection. The result will state: satisfactory or conditional of unsatisfactory. The seller is welcome to present his views in writting to Agency in the event there is any query regarding the issuance of a conditional of unsatisfactory inspection result. 6.1 Satisfactory 6.2 Conditional 6.3 Unsatisfactory 7. Shipment of the goods The seller is advised to check with Agency prior to shipment if the physical inspection result has not been received or there are any doubts concerning whether a Clean Report of Findings will be issued. 8. Final price verification and classification Based on the results of physical inspection and appropriate final documents, Agency finalises the price verification and the Agency opinion of Customs classification code. When the preliminary price verification has not resulted in any unresolved questions and the inspection result and other documents received are consistent with the preliminary documentation, Agency will not normally require any additional information. The main exception would be if the terms of sale require reference to prices at the date of shipment. 9. The Report of Findings 9.1 Types of Reports of Findings - Clean Reports of Findings(CRF) The Agency will issue a Clean Reports of Findings(CRF), or equivalent document, normally within two working days after receipt of the necessary correct final documents and a satisfactory result in all aspects of the inspection. - Discrepancy Report.