• Journal of Arbitration Studies
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• v.24 no.1
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• pp.111-132
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• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.3-22
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• 2003

The CISG has been effective since January 1,1988. Even if both parties of international sales contract are located in ratifying countries, the CISG does not apply to certain excluded transactions. The CISG does not apply if the parties have opted out of the CISG. When the parties opt out, they usually agree on the law that is to replace the CISG. In the context of international sales, the frequent and difficult choice of law problems will arise when the CISG applies to a transaction but does not resolve all the legal issues before the tribunal. So this article deals with the question. What should we select the applicable law in such situations? (1) For products liability issues excluded from the CISG by article 4 and 5, the court should apply the substantive law of the market state and the statute of limitations law of the forum, (2) For validity issues excluded from the CISG by article 4(a). the court should apply the UNIDROIT Principles when its rules resolve the issue.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.153-175
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• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• Journal of Korean Society for Quality Management
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• v.30 no.3
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• pp.79-93
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• 2002

Many companies are struggling with the issue of performance measurement because a generally accepted framework does not exist. The Balanced Scorecard is designed to help firms that have historically overemphasized short-term financial performance. In this article, we discuss the interrelation between supply relationship and BSC. The Balanced Scorecard to measure quality performance with respect to supply relationship is suggested. Based on the survey of 84 venture firms, the validity of the measurement tool is tested statistically. Consequently, it was found that the suggested items have validity to measure supply relationship quality performance

• Fashion & Textile Research Journal
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• v.22 no.5
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• pp.570-583
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• 2020

The fashion industry is accountable for labor and environment-related issues. With such issues raised, consumers' social responsibility for environmental and labor issues has become an important factor that shapes the perception of companies. This study investigates the relationship between consumer values, concerns regarding social issues, and willingness to pay a premium for ethical fashion products. This study included two exogenous variables of altruistic value and egocentric value. In the conceptual model, consumers' social responsibility was conceptualized as two constructs of environmental consciousness and labor-issue consciousness. It was then analyzed as mediating variables. Willingness to pay a premium for ethical fashion products was the endogenous variable. Data was collected and analyzed with PLS-SEM from 600 consumers. The assessment of discriminant validity and construct validity using CFA were conducted before analyzing the model. Structural equation modeling results revealed that altruistic value directly influenced environmental consciousness and labor-issue consciousness. However, egocentric value was directly and significantly influenced only by labor-issue consciousness. Both environmental and labor issue consciousness directly influenced customers' willingness to pay a premium, but did not significantly change their willingness to pay a premium. Two-stage serial mediation analysis results indicated that the constructs did not have a significant mediation effect on the exogenous variables (altruistic value and egocentric value) and the endogenous variable (willingness to pay a premium) for ethical fashion products. This study found the influence of consumer's personal values on their willingness to pay a higher price for ethical fashion products.

• 한국데이터정보과학회:학술대회논문집
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• 2006.04a
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• pp.1-6
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• 2006

We consider the issue of Bayesian prediction of the unobservable random effects, And we characterize priors that ensure approximate frequentist validity of posterior quantiles of unobservable random effects. Finally we show that the probability matching criteria for prediction of unobservable random effects in one-way random ANOVA model.

• Journal of the Korean Statistical Society
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• v.28 no.2
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• pp.253-264
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• 1999

Conditinal weakly convergence of the blockwise bootstrapped empirical process for stationary sequences to the appropriate Gaussian process is reestablished particularly for severely dependent $\alpha$-mixing sequences. Issue of block size is discussed from the point of validity of bootstrap method.

• Nuclear Engineering and Technology
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• v.52 no.6
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• pp.1131-1136
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• 2020

Xenon behaves differently in molten salt reactors (MSRs) compared to solid fuel reactors. This behavior needs exploring due to the large reactivity effect of the ¹³⁵Xe isotope, given the current interest in MSR power plant development for commercial deployment. This paper focuses on select topics in xenon transport, reviews relevant past works, and proposes specific research questions to advance the state of the art in each of the focus areas. Specifically, the paper discusses the issue of xenon solubility in MSRs, the behavior of particulates circulating in MSR fuel salt and its influence on the xenon transport, the possibility of ionization of xenon atoms which changes its effective size and thus affects its mass transport, and finally the issue of circulating void fraction and how it is measured. This work presents specific recommendations for MSR designers to research the limits of Henry's law validity, circulating particulate scrubbers, validity of mass transport coefficients in high radiation fields, and the effects of pump speed on circulating void fraction.

• Korean Journal of Acupuncture
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• v.32 no.4
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• pp.177-189
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• 2015

Objectives : To develop and validate a survey form for adverse events(AEs) associated with acupuncture and moxibustion treatment. Methods : The 1st version of a survey form consisting of 9 categories was developed and modified based on the analysis of questionnaires from previous studies on AEs. To evaluate content validity of the 1st version, a Delphi survey where experts in acupuncture and moxibustion, and research methodology were invited, was conducted alongside a separate content validity questionnaire. The content validity indices for each item and total scale were calculated as the proportion of the number of experts judging each item or scale valid to the number of total experts. Results : After the Delphi round 1, the content validity of 2 items and total scale was rated as inadequate. The 1st version was modified accordingly, and the 2nd version of the survey form was developed. The content validity of the 2nd version was assessed in the Delphi round 2 and the final version was completed after incorporating the expert comments. The final version consists of 13 questions regarding practitioner/patient information, condition/disease, intervention, treated body parts, safety issue and AE occurrence related with practitioner's behavior or instruments, AEs associated with treatment and emergency actions taken if necessary, time to AE occurrence, outcomes, serious AEs or death, and time to AE disappearance. Conclusions : This newly developed and validated survey form will serve to collect AEs associated with acupuncture and moxibustion treatments in Korea and contribute to establishing the evidence on safety of Korean acupuncture treatment.