• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.31 no.3
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• pp.386-392
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• 1998

An objective index for quality estimation of anchovy sauce, our traditional seafood, has been required because inadequate standard causes dispute about quality estimation. Qualities of anchovy sauce made by traditional method and commercial anchor sauce products were compared by investigating their proximate compositions, total nitrogen contents, amino acid contents, development and level of a specific peptide on SDS-polyacrylamde gel electrophoresis (SDS-PAGE) and isoelectric point (pI) of the specific peptide. Also, pIs of IEF were attemped to identify fish species of salt-fermented sauces. The 55,600 and 46,900 dalton of peptide band were identified in all experimental samples. Especially, the area of 55,600 dalton was closely correlated with total nitrogen contents. Also, specific pIs in accordance with fish species were identified. The results suggest that correlation between area of 55,600 dalton and total nitrogen contents are used of index for quality estimation, and specific pIs are used of fish species identification.

• Journal of Navigation and Port Research
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• v.39 no.1
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• pp.37-43
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• 2015

At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.19 no.4
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• pp.223-231
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• 2014

In order to prevent the spread of non-indigenous aquatic species through the ballast water in commercial ships, International Maritime Organization (IMO) adopted in 2004 the International Convention for Control and Management of Ship's Ballast Water and Sediments. The Convention mandates treatment of ballast water for most transoceanic voyages and its confirmation of treatment is made with plankton live/dead assay. Fluorescein diacetate assay (FDA), which produces bright green light for live phytoplankton, has been a de facto standard method to determine the survival of marine plankton, but its staining efficacy has been in dispute. In the present study, we examined the limitation of FDA, and compared its efficacy with Neutral red (NR) staining, another promising assay and widely used especially for zooplankton mortality. For all phytoplankton species studied in the present study, except Ditylum brightwellii, the staining efficiency was <50% with FDA. The green FDA fluorescence interfered with phytoplankton autofluorescence in most samples. In contrast, NR assay stained over 90% of both phytoplankton and zooplankton species tested in this study. FDA assay also showed that green FDA fluorescence rapidly faded when phytoplankton cells were exposed to microscope light. Both FDA and NR assay were negative on formalin-killed individuals of both phytoplankton and zooplankton species. Our results suggest that NR assay is more effective for determining the survival of marine plankton and can be applied to test the efficacy of ballast water treatment.

• Maritime Security
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• v.4 no.1
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• pp.83-113
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• 2022

Although China's maritime militia has not been well known despite its long history, it is recently emerging as a serious threat to maritime security, causing neighboring countries' security concerns due to the growing number of maritime disputes with China. In this regard, it is now time to clearly define the true nature of the Chinese maritime militia. A close look at the organization and roles of the Chinese maritime militia reveals that it is an organization that is systematically managed and operated by the Chinese government and the People's Liberation Army of China. Its role is to serve the purpose of "contributing to the protection and expansion of China's marine interests." In addition, the threat factors of the Chinese maritime militia were analyzed by examining the cases of maritime disputes between the Chinese maritime militia and neighboring countries. First, the Chinese maritime militia has implemented the "Gray Zone Strategy." Second, it is a systematic organization supported by the Chinese government and the People's Liberation Army. Third, it is a maritime power that cannot be ignored as the world's largest militia organization. Fourth, it has a strategic flexibility that enables the execution of the dual mission of working for a living such as commercial fishing and serving in the maritime militia. The threats of the Chinese maritime militia are not limited to Southeast Asian countries located in the South China Sea. This is also the case in Korea as the country cannot avoid maritime disputes with China such as the Ieodo issue and the boundary delimitation of the West Sea. Accordingly, this study was focused on presenting a predictable scenario and countermeasures based on the analysis through a scenario technique with respect to the two cases that are most likely to occur in Korea-China relations. Finally, beyond identifying the nature of the Chinese maritime militia, this study takes a further step to share considerations as to how the organization may operate and develop in the future and how we can cope with its moves.

• Journal of the Korea Society of Computer and Information
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• v.14 no.3
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• pp.121-131
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• 2009

BcN provides a wide variety of high-quality multimedia services such as broadcasting and communication convergence services. But the quality degeneration is observed in BcN when we use broadcasting and communication convergence service via more than one network of different internet service providers. In this paper, a QoS management system which is able to measure and maintain objectively the quality-related information in overall networks is proposed. The proposed QoS management system is tested on the pilot networks of BcN consortiums by measuring the quality of voice and video experienced by the actual users of the commercial video phone services. The result of the experiment shows that it is possible to figure out service qualify between a user and a service provider by analyzing the information from agents. The per-service traffic information collected by probes is proved to be useful to pinpoint the party responsible for the loss of the service qualify in case of the services including different service providers. As the result of the experiment, it is shown that the proposed QoS management system would play a key role of resolving the quality dispute, which is one of the important issues of QoS-guaranteed BcN.

• International Commerce and Information Review
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• v.15 no.4
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• pp.457-479
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• 2013

Through a Chinese rise, Chinese dream is actualizing as the world's great power. According to outlook of World Bank and IMF, Around 2030 China will be a great power bigger than America's economic power. The rise of China will give a huge impact to the whole world. China expands her influence through a global manufacturing base and a global market. To actualize 'Peaceful Rise' Strategy, China has many constraints. Chinese society is facing many difficult social problem due to side effects of a rapid development. Such as the spread of corruption, the severity of wealth gap, environmental degradation and energy shortage. Internationally there are containment from hegemon so-called 'China threat' dispute, Taiwan issue and territorial disputes. Western countries are hostile to China for two reasons. Based on expectations, one is China's socialist system and the other is the rising China which will compete for supremacy with Europe and America. Recent emergence of Chinese nationalism and the containment of the neighboring countries are also serious limiting factors. Domestically they have the rampant corruption in the bureaucracy, weakened capacity of Communist rule, wealth disparity due to the discriminatory economic development strategy, seriousness of rural problem, social instability, lack of social security systems and the development gap between the eastern coastal areas and western inland areas, ethnic minorities problems, the constraint of sustainable development issues due to lack of resources, environmental pollution and energy constraints. Like the former Soviet Union, China may face a dismantlement. After the rise, China may encounter possibilities of a war between great powers or a collapse of Chinese society caused by deepening internal conflict. Serious economic polarization would make peasants and urban workers, who are social vulnerable people, to turn their back to communist party and threaten the justification and the appropriateness of the ruling communist party. Chinese government will think internal system security threat is more formidable risk factor than a system security threat from the hegemon. The decline of great country comes from internal reasons rather than external reasons. To achieve peaceful rise, unification with Taiwan is an essential prerequisite. Taiwan issues are complex problems which equipped with international and domestic factors. Lack of energy resources, environmental pollution in China will bring economic crisis to Korean enterprises. Important influence to Korean economy will be a changeover of the method in economic development. It will turn the balance of investment and consumption, GDP-centered growth to consumption and environment-centered growth. Services industries including finance, environment, culture, education, health care and social welfare will grow. Change in China's growth model will give a great challenge upon the intermediate goods industry in Korea. Korea should reduce the portion of machinery, automotive, semiconductor, steel and chemical-centered export industry to China, and should increase the proportion of the service industry.