• Journal of Arbitration Studies
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• v.12 no.2
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

• Journal of the Korea Society for Simulation
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• v.32 no.4
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• pp.59-67
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• 2023

Private blockchains can apply enhanced security policies that allow only authorized users to participate in the blockchain network. In addition, when used in a career management system where the validity of an individual's career is important, it has the suitable characteristics in terms of information integrity. However, due to the excessive performance requirements of blockchain technology, identifying performance characteristics through simulation can be helpful in stable operation of the system. This paper presents research results that utilized performance evaluation results while constructing a career management system based on the Ethereum blockchain. The service not only serves as a portfolio that records personal career development activities, certification acquisition, and award results, but also provides a community function for career planning to strengthen employment competitiveness. In addition, we present how a compensation policy can be executed to encourage users to participate in career development through community activities. In particular, an appropriate compensation policy was derived by reviewing changes in performance characteristics in accordance with the transaction volume on Geth nodes.

• Economic and Environmental Geology
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• v.40 no.6
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• pp.797-804
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• 2007

This study was carried out to analyze public recognition of geo-technology and its outcome. On the basis of the study, the task of PR/communication to promote status of geo-technology and the PR program by stage(SMTCR) for strategy of geo-technology outcome were suggested as follows; operation of PR committee and plus-one appraisal system on a sender scope, media caravan tour and opinion editorial for geo-technology on a message scope, geoscience award and active use of "the year of earth science" on a tool and channel scopes, and regular measurement of public response and regular appraisal of PR goal/results on a receiver scope.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.495-522
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• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.183-213
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• 2011

China and North America have been South Korea's biggest trading partner long time. As the volume of trade has been increasing, the disputes between Korean companies and Chinese Companies and between Korean companies and North American Companies have been increasing. If these disputes are settled by Arbitration, the parties appoint arbitrators who are empowered to proceed the arbitration procedure and have a power to render an arbitral award. Accordingly, it is very important for the parties to select who is an arbitrators in Arbitration. But if the parties doubt their arbitrator(s)'s fairness and independency, they can discharge them in accordance to law and arbitration institute's rules. In comparison with arbitrator system for way of selection and discharge among Korea, China and North America, some differences are found. First, if parties fail to appoint co-arbitrators or the presiding arbitrator by a mutual agreement, the court has the right to appoint them or him in Korea and North America whereas the Chairman of CIETAC choose him in China. Second, the authority to decide whether arbitrator is discharged owing to his fairness and independency, depends on arbitration institute and court in Korea and North American whereas it depends on the Chairman of CIETAC only.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.71-92
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• 2012

The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India's Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB's standard arbitration clause into their contracts and use India's ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies' credit standing before entering into business relations with them.

• Journal of Korean Society for Quality Management
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• v.38 no.4
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• pp.561-579
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• 2010

This study is to devide seven subject organs in the metropolitan area by the Malcolm Baldrige's basis which is global standard of management quality to grip the each activities of management quality, to conduct a survey of the management quality of each organ or persons in charge of similar works. Generally, those surveyed show to recognize on the management quality and to apply to real work. Those surveyed show to be able to improve positively quality and service level in case of appling to work of management quality, and to be positive reaction on the contribution about management performance. This study indicates the predominant view which the researcher have to establish the its vision clearly and to promote in a lump success factors of management quality, and the chief executive have to take a firm faith for it. This study also suggest that recognizing positively about its vision and strategy about present condition of management quality activities is one of the implements which not only judge but also establish a good system of an organization. And there has a significant difference between Public and Private Organizations that those evaluate management quality conducts better management performance. However management quality activities shows to mostly agree to be influencing positively to management performance.

• Proceedings of the Korea Institute of Fire Science and Engineering Conference
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• 2010.04a
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• pp.207-230
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• 2010

Nowadays, the arson is not common interest happening. the arson has been handled with a crime of violence along with murder, robbery and rape. because of being detrimental to the public clam. but the arson a has not been made award of a serious social problem. There is a rise in the control pos-sibility according to a level of national concern. we have known that the last fire accident of the Dea-gu underground It took a heavy toll of lives and the property due to our no interest in arson. The government should not only make up for legislation and systematize to correct a defect but also there is uniting the countermeasure system of the organs. The government establish particular research institution of the arson to consider a useful countermeasure. a purpose of this study is to enhance the concern and cognition of people and to search for the effective approach on the control of crime arson which is increasing recently.

• The Journal of Society for e-Business Studies
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• v.8 no.4
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• pp.53-68
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• 2003

Currently, it is possible to buy almost anything from books(Amazon.com) to airplane tickets(Travelocity.com) using the world wide web. The purpose of this research is to develop a "clean interface" between design and fabrication facilities for the production of custom machined parts through Internet. The current mechanism for production of prototype parts that can be fabricated using standard machine tools like milling machines, requires a process of part description preparation, bidding, contract award, and finally fabrication and delivery of the part. This is a substantially more complex process than buying a book or airplane ticket. In this paper, we try to define the ambiguous part description using XML based data exchange format and to enable e-commerce in this field. The research accomplishments are summarized: 1. Creation of a new format for data exchange of machined prototype parts, 2. Development of a prototype system to illustrate how the XML data can be effectively used to conduct e-Commerce for custom machined parts, 3. Testing of the methodology with a number of parts.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.97-118
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• 2015

As China has quickly emerged as a global economic power, the total number of international commercial disputes arbitrated by Chinese arbitral institutions has increased dramatically. Along with this, the annulment procedure of arbitral awards in China have been newly brought to the fore. In accordance with the historical background and the demand of the times, the Chinese annulment procedure of arbitral awards reveals distinctive Chinese features. Although it was enacted in the face ofof an unwarranted prejudice against the dispute settlement system by arbitration as well as a deep mistrust of domestic arbitral institutions, the annulment procedure of arbitral awards showed a certain degree of justification and rationality in its initial stages of legislation. However, it is also the case that it has not adapted well to new domestic or foreign arbitration circumstances in the last twenty years. At present, there is a keen interest in revisions to and debates on arbitration law of China. It is necessary to take an active part in the amendment discussion and process of arbitration law. Moreover, we need to reform the annulment procedure of arbitral awards in order to meet the global trend of arbitration law.