• Journal of Arbitration Studies
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• v.27 no.1
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• pp.37-57
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• 2017

An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.31 no.2
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• pp.53-57
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• 2020

This article reviews a wide range of literature on the standards and process of child custody evaluation in the US, and proposes custody evaluation standards appropriate to Korea. Custody evaluation refers to the process of making psychiatric and psychological evaluations of each parent and the child during a custody dispute and presenting to the family court a report of custody evaluation with the aim of safeguarding the best interests of the child. In the past, it was thought that children arethe fathers' possessions or that younger children should be raised by the mother; however, currently, custody rights are evaluated in accordance with the principle of the best interests of the child. The principle is all-encompassing and vague and hence, the court makes increasingly more requests to mental health professionals for custody evaluation. Since the Seoul Family Court introduced the expert consultation system in 2017, the involvement of mental health professionals in child custody decisions has increased in Korea. Custody evaluators should try to be neutral and find the objective facts, keeping in mind that their role is to aid the court in making a custody decision.

• Journal of the Korean housing association
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• v.19 no.2
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• pp.43-54
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• 2008

The aim of the research is to find out the direction of unit-plans in multi-dwellings for the future society. Shinonome Canal Court where residents actually live now are the objects in this study, and the residential floor plan of unit-plans were analyzed to find out the typical types. The analysis was focused on the unit-plans of 5 blocks of Shinonome Canal Court. Space Syntax Theory was used as the analysis method. As the first stage of the analysis, justified graphs were made to find out the characters of unit-plans through the classification of the graphs. Contents of the analysis are as follows: Relationship between classified justified graphs and dimension according to node number. Relationship between classified justified graph patterns and unit-plans. Characters of unit-plans in each blocks. Shinonome Canal Court consists of mainly small scale unit-plans and 30unit-plans are classified. 1LDK, 2LDK, 1LDK+S, 1LDK+f are typical unit-plans which are mainly supplied in the complex. It is noted that the results of the analysis by node, justified graph pattern and dimension are the same. It also presents diverse unit-plans which shows a change in nLDK pattern or add f (foyer), AN (annex), S (service room), Fs (free space) to basic nLDK type. In summary, it demonstrates the possibility of creating new residental floor plans in multi-dwellings.

• Sijohaknonchong
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• v.20
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• pp.173-195
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• 2004

In this thesis I tried to unearth some Korean Akjang, written and sung by Korean language, not by the form of Chinese verses. In 19th century they used the Korean Akjang at Court banquet cerymony in Chosun Dynasty. I had got four meaningful conclusions through this study, as follow. 1. There are various banquets but they used Korean Akjang only at YaYeon, a sort of night banquet. 2. The Akjangs arranged at YaYeon are called Ak-ka-Samn-jang which means three songs at the banquet. 3. These Akjangs were usually composed of 3 pieces of Gagok, the Korean traditional vocal music, as one. 4. The Kings and princes wrote all the words of these music.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.47-70
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• 2022

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

• Journal of Korea Trade
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• v.27 no.1
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• Korea Trade Review
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• v.47 no.5
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• pp.129-145
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• 2022

Recently, Korean customs authorities have attempted to impose customs duties on the warranty charges paid by Korean subsidiaries ("the taxpayers") of multinational corporations to their overseas headquarters, or their affiliates, as indirect payment of the price actually paid or payable for imported goods and services, and the taxpayers' complaints have been steadily increasing. The key issue of Korean Supreme Court decision, 2018Du56619, revolves around opposing interpretations of the Korea Customs Act and the WTO's Customs Valuation Agreement in determining who is responsible for paying duties levied on warranty charges. The Supreme Court's ruling was consistent with its previous interpretations of the WTO agreement on customs valuations. The Supreme Court ruled in favor of the plaintiff, a Korean subsidiary, stating that the overseas corporate headquarters' payments of warranty charges to Korean dealers are made on behalf of the Korean subsidiary, which is ultimately responsible for covering warranty charges. Thus, the Korean subsidiary's settlement of the warranty charges to their Korean dealers through the overseas headquarters is effectively the same as a direct payment to the dealers. Therefore, the Korean subsidiary performed warranty services on its liability and account. As such, the court ruled that warranty charges should not include tariffs on the indirect payment for warranty services in such cases. This paper presents the comparative legal implications for the warranty charge clauses in the WTO agreement and the Korean Customs Act and analyzes the Supreme Court's decisions.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.3-19
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• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

• Journal of the Korean Society of Clothing and Textiles
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• v.1 no.2
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• pp.71-80
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• 1977

From the period of King Tae-Jong up to the third year of King In-Jo, the bestowal system for queen's court dresses from the Myeong Dynasty was one which was much lower than that of China. This system was applied to the queens' court dresses in the early Yi Dynasty. The pheasant's pattern on Jeockwan and Hapee probably indicates that Daesam was possibly regarded as Jeockyoe. In fact, according to Kaeredogam, Jeockyoe was for the first time made in the third year of King Kwanghae, which is the oldest record on Jeockyoe and Daesam. At the age of King Seon-Jo, a new type of queen's clothing was taken as an inevitable result of Japanese Invasion. Jeockyoe system was gradually made ceremonious until the period of King Yeong-Jo through Kakhonjeongye and Kukjosokoryeycobo; it became that of Queen Myeong-Jo's in the end. The traditional Jeockyoe system might have been interblended with Daesam. Yeodae was queen's usual dress and its pattern was the same as that of every women's dresses at Court.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.403-424
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• 2004

In the solutions of civil disputes, there are decision of a court and alternative dispute resolution. Arbitration is one of alternative dispute resolutions. The decision of a court is the compulsory settlement and the solution by citizenship between two opposing parties, but arbitration is the autonomous and voluntary settlement by a private person, that is arbitrator. Besides these points, arbitration has various features in comparison with a decision of a court. The procedure of arbitration is not open to the public and single trial system guarantees speedy solution of disputes In the procedure of arbitration, arbitrator who pass judgement is selected and appointed by the parties to an affair. And there are questions how the arbitrator to become independent from them. Because Arbitration is not agreed solution which based on the concession between opposing two parties but imposed solution which is alike decision of a court. This study illustrates the system of challenge on arbitrator to guarantee independence of arbitrators.