• Journal of Arbitration Studies
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• v.26 no.4
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.75-93
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• 2001

The advantages of arbitration such as promptness, economy and flexibility apply to the disputes arising from corporate governance between shareholders and a corporation. The confidentiality of arbitration can be particularly highlighted in the disputes among the members inside corporation. But it appears that the shareholders believe litigation the best way to pursue liabilities of managers of corporation and improve the system of corporate governance. And it is claimed that the current litigation system lacks the implementation of shareholders rights due to structural deficiency and therefore need bring class actions into the system of Korean jurisprudence. The OECD, which afforded the rescue finances to Korea, also recommended shareholder class actions as a way to improve corporate governance. Class actions have merits but even advanced countries consider the changes of existing system or only stay class actions in the stage of discussion. Rather, legal experts urge arbitration to be used more frequently and the Courts also approved the dispute resolutions of the disputes as to corporate governance through arbitration. There is no report in Korea that arbitration was used to resolve the disputes between shareholders and the managers, or between shareholders and corporation, which is listed in the Stock Market. There only are the debates for bring class actions into the judicial system between NGOs and the organizations of corporate managers. But arbitration has greater advantages in resolving the disputes among the members of corporation that any other methods for dispute resolution. Arbitration can interpret flexibly the mandatory provisions of the Statutes of Security and the Code of Commerce to meet the needs of parties involved, which is not possible to the Courts. Arbitration can issue the award to meet the equity of the parties. And arbitration can avoid a resolution of All or Nothing by fully considering the specific situations of Korean corporations(such as family-dominated management) and can issue the award beneficial to all parties of shareholders, managers and corporation. Thus it should be sought to resolve the disputes as to corporate governance through arbitration.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.161-199
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• 2019

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

• The Research Journal of the Costume Culture
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• v.19 no.1
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• pp.83-95
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• 2011

Today, a variety performance premiered in Korea, works of art as an advanced production planning and production system is becoming. Accordingly, the field of stage costume also increased collaboration with foreign producers and production systems and the advancement of the stage costume are required are becoming. The opening performance of the 30th anniversary of the Seoul Theater Festival was selected as Towol Theater Theater in 2009, April 16 to 26 of Picasso's women's costume is the study of production systems. This work directing and stage design by inviting domestic producers from foreign fields, and co-authored the work in the field of stage costumes in collaboration with foreign producers that are worth study and research work. In this study, this work has a practical study of costumes throughout the production system, an advanced stage costumes to contribute to the development of the field. The research methodology book data, collected papers, Internet resources through research and theoretical studies play 'Picasso's women's stage production of the award total to an empirical study was undertaken. The results of this study are as follows. First, the costume director for making a scholarly grasp of the direction of the investigation is ongoing throughout the process of creating the costumes. Second, foreign producers and co-author of the stage when the award, if other than purely domestic producers and create costumes to build production systems. Third, foreign producers and co-costume design and costume making coherent explanation for the processing of the list(Costume Breakdown List) are developed. Fourth, the actual performance over the director's intention to visualize the presentation was good enough, and the idea of the costume crew was taken to the director's idea of directing a play that reflected the will has a big meaning.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.42 no.3
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• pp.95-108
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• 2019

Quality management has become an pervasive philosophy in most sectors of business. Specific movements such as statistical quality control, quality circle, total quality management, and quality management system have become embedded in business organizations. Only the companies with competitive edge can survive in the competition in global market. KSA(Korean Standards Association) established in 1962 has launched all kinds of quality education, quality standard certification service for business, and KNQA(Korean National Quality Award) system. This article considers quality competitiveness excellent company award among KNQA. We performed a statistical analysis of audit data for quality competitiveness excellent company for three years, from 2015 to 2017. By using ANOVA and two sample t-tests, the average scores of 13 evaluation fields were significantly different depending on company size and type. We proposed ways to improve the current hall of fame system. We discovered that the average scores of 13 evaluation fields in the audit data according to years and hall of fame status were not significantly different. We also showed linear relationships among 13 evaluation fields by correlation analysis and obtained an estimated linear regression equation : Business Performance, which is a comprehensive index, as a dependent variable was significantly related to Customer Focus and Product Liability as regressor variables among 13 evaluation fields by regression analysis.

• Journal of the Korean Institute of Educational Facilities
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• v.19 no.1
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• pp.25-35
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• 2012

The function and the role of school are changing according to various future-oriented education models such as open-ended learning cycle, community learning center, re-schooling, network system and de-schooling, which reflect recent social demands related to discussions on sustainability, low birth rate and ageing. what changes to our school buildings have been there? This study is aimed that shows the architectural change of school buildings and environments in 2000's. It reveals the architectural tendancy through some school buildings, 'the excellent facility school award' winner which Ministry of Education, Science and Technology have chosen annually since 1998. In the past decade, it is outstanding change that mass composition, window patterns and exterior wall materials are diversified greatly. The most of them have a opened main hall and multi-purpose spaces which give effective educational environment to students. Although visual changes are outstanding, we still need qualitative educational space program and improved school building design according to future-educational demands.

• Journal of Korean Society for Quality Management
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• v.43 no.1
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• pp.11-30
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• 2015

Purpose: The purpose of this study is to lay groundwork for future research on the outcomes of national quality awards for secondary-care healthcare organizations. Methods: For this study, a secondary-care hospital was selected through a convenience sampling method and all of its organizational members participated in complete enumeration survey using 109 survey questions derived from the MBNQA criteria for healthcare through structural equation modeling (SEM) Results: As a result, Leadership was shown to drive Foundation and Direction, which affect System that creates Results with 12 hypotheses supported out of 18 hypotheses established. Conclusion: The findings of this study will provide valuable implications to the top management of secondary-care hospitals for self-examining quality management and promoting sustainable competitiveness.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 1995.04a
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• pp.827-844
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• 1995

Total Quality Management (TQM) is the aggregated management philosophy for quality including production, operation, human resource, leadership, marketing, and etc. TQM is the advanced concept and philosophy rather than traditional "Quality Control" or "Quality Assurance". Nowadays, downstream costs has been increased, that made cost accountants' attention to costs of quality. Many countries have developed their own quality awards system in order to improve overall national quality level. The Deming Prize of Japan and Malcolm Baldrige National Quality Award (MBNQA) of United States are two representatives of quality prizes. We compared the two awards by means of their history, objective, coverage, and judging criteria. Deming Prize has a longer history than MBNQA. Deming Prize selects five winners a year, while MBNQA has two or three areas. The biggest difference is judgement criteria. The Deming Prizes focuses on statistical control which is a traditional quality control method, while MBNQA concentrates on modem business concept such as customer satisfaction. The suggestions to these awards are: evaluate more on information of quality; evaluate more on inter-functional relationship between quality control function and other link more financial success.e financial success.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.3-24
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• 2009

Arbitration is the system of resolving disputes not by the adjudication of a national court but by the award of an arbitrator or arbitrators. To settle disputes by arbitration, it should be concluded that the arbitration agreement which is implied that the parties agree to submit to the arbitral award about all or certain disputes which have arisen or which may arise between them in respect of defined legal relationships. It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. Therefore, the parties may agree to arbitrate disputes relating to the rights that they freely dispose of. Besides, they may have the freedom to choose arbitration as the form of a dispute resolution. Because arbitration is a private proceeding with public consequences that some types of dispute are reserved for national courts, whose proceedings are generally in the public domain. It is this sense that they may not be the object of arbitration. After all, it could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.1
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• pp.123-133
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• 2021

This research aims to examine the effect of carbon emission disclosure on firm value and to reveal environmental performance and industrial type as the moderating variables. This study used 82 samples of companies listed on the Indonesia Stock Exchange (IDX) and receiving awards in the Indonesian Sustainability Reporting Award (ISRA) in 2014-2018. This study used a multiple linear regression analysis to test the hypotheses. The results showed that carbon emission disclosure had a positive and significant effect on firm value as carbon emission disclosure is a form of corporate concern on environment positively responded by the market and becomes the basis for investors to make their considerations in assessing the company sustainability. Besides, environmental performance and industrial type can strengthen the influence relationship of carbon emission disclosure on firm value since environmental performance was assessed based on ISO 14001 certification ensuring that the company has tried to preserve the environmental sustainability by creating a good environmental management system. Moreover, companies categorized into high profile industrial type have tried to change their unfavorable image and avoid lawsuits by performing carbon emission disclosure to gain positive responses from the market.