• Conservation Science in Museum
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• v.19
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• pp.53-68
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• 2018

Hanging scrolls and handscrolls are common mounting for East Asian painting and calligraphy in which wooden Chukmok with Chukdu of various materials are attached either at the top and bottom or at each side of a work. Hanging scroll paintings or calligraphy can be hung for appreciation and rolled up for preservation. The Chukmok and Chukdu of a hanging scroll were made from different materials and were known by distinct names in Korea, China, and Japan. In Korea, the wooden Chukmok were called sanghachukhoengmok(上下軸橫木), which means horizontal wooden bars for the top and bottom axes. The wooden Chukdu were called Chukdu(軸頭), meaning the head of an axis. These Chukmok and Chukdu were made of Korean red pine, nut pine, or shiny xylosma. In China, the rod was called zhougan(軸杆) and zhoutou(軸頭), and they were made of Japanese cedar, sappan wood, or red sandalwood. In Japan, the top rod was called hassou(八双; 八裝) and the bottom jikugi(軸木), and they were made of Japanese cedar, red sandalwood, or crystal. In Korean hanging scrolls, the cross section of a Chukdu is either flat or round, and it can be either patterned or patternless. The designs include concentric circles, two circles, and three circles. Among the portraits of meritorious subjects analyzed in this study, three examples feature concentric circles on Chukdu with a flat cross section, which coincides with most of the king's instructions housed at the Jangseogak Archives. This suggests that flat Chukdu with a concentric circle pattern were used for binding most of the paintings of meritorious subjects commissioned by the royal court.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.85-109
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• 2010

L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.245-283
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• 2003

Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.

• 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 Arbitration Studies
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• v.18 no.1
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• pp.71-96
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• 2008

Arbitration is fundamentally a matter of contract, whereby contractual parties may only be required to submit a dispute to arbitration pursuant to their formal agreement. However, there are several important exceptions to this rule that have developed under common law notions of implied consent. These doctrines may serve either to benefit or to harm a nonsignatory to an arbitral agreement because either (1) the nonsignatory may compel a signatory to the agreement to arbitrate a dispute or (2) the nonsignatory may be compelled to arbitrate a dispute despite never having signed an arbitration agreement. The Court has a long-standing domestic policy of favoring arbitration, and these doctrines reflect that policy. 1. incorporation by reference An arbitration clause may apply to a party who is a nonsignatory to one agreement containing an arbitration clause but who is a signatory to a second agreement that incorporates the terms of the first agreement. 2. assumption An arbitration clause may apply to a nonsignatory who has impliedly agreed to arbitrate. Under this theory, the nonsignatory's conduct is a determinative factor. For example, a nonsignatory who voluntarily begins arbitrating the merits of a dispute before an arbitral tribunal may be bound by the arbitrator's ruling on that dispute even though the nonsignatory was not initially required to arbitrate the dispute. 3. agency A nonsignatory to an arbitration agreement may be bound to arbitrate a dispute stemming from that agreement under the traditional laws of agency. A principal may also be bound to arbitrate a claim based on an agreement containing an arbitration clause signed by the agent. The agent, however, does not generally become individually bound by executing such an agreement on behalf of a disclosed principal unless there is clear evidence that the agent intended to be bound. 4. veil piercing/alter ego In the corporate context, a nonsignatory corporation to an arbitration agreement may be bound by that agreement if the agreement is signed by its parent, subsidiary, or affiliate. 5. estoppel The doctrine of equitable estoppel is usually applied by nonsignatory defendants who wish to compel signatory plaintiffs to arbitrate a dispute. This will generally be permitted when (1) the signatory must rely on the terms of the contract in support of its claims against the nonsignatory, or (2) the signatory alleges that it and the nonsignatory engaged in interdependent misconduct that is intertwined with the obligations imposed by the contract. Therefore, this article analyzed these doctrines centering around case-law in America.

• Korean journal of communication and information
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• v.47
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• pp.74-95
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• 2009

With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.5
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• pp.741-749
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• 2018

The purpose of this study is to propose a rational and scientific damage calculation model in relation to damages caused by bid rigging in construction projects. Previous studies and precedents in relation to calculating damages from bid rigging suggest that the main issue was the lack of consideration in standards for deciding successful bids, selection of inadequate standard comparative markets, insufficiency in analyzing the appropriateness of competitive bid price influence factors, and absence of calculation model verification. In order to improve on these issues, a damage calculation method on alternative tenders for construction projects was proposed. For this calculation model, first, a standard market adequate to the successful bid selection standards was determined, second, an appropriate factor was selected by analyzing the correlation between competitive bid price influence factors, and third, a regression analysis was conducted on the selected factor. Lastly, this was demonstrated through verification of appropriateness, significance & normality of the proposed model and application of actual bid rigging cases. Through the proposed calculation model, this study seeks to serve as a base to prevent opportunity damages for parties involved in related court cases by early resolution of disputes and relief from issues of unfair damage burdens on a particular party.

• Publications of The Korean Astronomical Society
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• v.32 no.2
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• pp.367-380
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• 2017

The life and astronomical activity of Lee Deok-Seong (李德星, 1720-1794) was studied using various historical sources, including the astronomical almanac, Seungjeongwon-Ilgi (Daily records of Royal Secretariat of Joseon dynasty), and the Gwansang-Gam's logbooks during Joseon dynasty (A.D. 1392-1910). We present the results of the study including the following main findings. First, from the investigation of Lee's family tree, we find that a number of his relatives were also astronomers, notably Samryeok-Gwan (三曆官, the post of calendrical calculation). Second, we find that he took part in the compilation of an annual astronomical almanac over a period of at least 16 years. His major achievements in the astronomy of the Joseon dynasty were to establish a new method of calendar-making calculation and to bring astronomical materials to the Joseon court through a visit to China. The Joseon dynasty enforced the Shixianli (時憲曆, a Chinese calendar made by Adam Shall) in 1654 without fully understanding the calendar. So an astronomer and an envoy were dispatched to China in order to master the intricacies of the calendar and to learn as much of Western science as was available in that time and place. Lee Deok-Seong worked at the Gwansang-Gam (觀象監, Royal Astronomical Bureau) during the reigns of King Yeongjo (英祖) and Jeongjo (正祖). As best as we can ascertain in relation with the calculations in the Shixian calendar, Lee visited China four times. During his trips and interactions, he learned a new method for calendar-making calculations, and introduced many Western-Chinese astronomical books to Joseon academia. Lee greatly improved the accuracy of calendrical calculations, even while simplifying the calculation process. With these achievements, he finally was promoted to the title of Sungrok-Daebu (崇祿大夫), the third highest grade of royal official. In conclusion, history demonstrates that Lee Deok-Seong was one of the most outstanding astronomers in the late-Joseon dynasty.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.55-95
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• 2010

The meaning and application of 'lesion corporelle' in the context of a variety of mental or psychic injuries is less clear, while there is very little disagreement about its literal translation. U.S. Court decisions since Floyd allow recovery for a range of claims involving emotional injury under Article 17; in some cases there is no recovery, while in others there is full recovery, depending on the allegations and the nexus between the alleged injury and any related or accompanying physical injury. Courts are in agreement that pure emotional injury is not compensable under the Convention. Most courts agree that emotional injury is not compensable in those cases where it has resulted only in physical manifestations such as weight loss or sleeplessness. At the same time, most courts generally agree that emotional injury is compensable if it proximately flows from a physical injury. The issue as to whether the courts would associate PTSD with bodily injury as envisioned in the present Warsaw structure or even the new regime reflected in the Convention proposed by ICAO would largely depend on the extent to which courts would be ready to embrace the compelling scientific findings with regard to mental distress and its application within the term 'bodily injury'. Taken together, these points when the current under Article 17 of the Warsaw Convention, 'physical injury' notion of 'mental injury' is to be extended. Of course, the current terms of the Warsaw Convention have been maintaining a precedent for many countries appear to have a statue of the original purpose of the treaty does not contribute to the diffusion. Therefore, in future treaties 'bodily injury', the term 'injury', the term 'personal injury' or 'health undermined' the term should be replaced or revised.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.111-120
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• 2010

The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.