• 한국중재학회지:중재연구
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• 제29권2호
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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.

• 한국중재학회지:중재연구
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• 제24권1호
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• pp.133-157
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• 2014

To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

• 무역상무연구
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• 제31권
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• pp.107-134
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• 2006

Enforcement of an arbitration award is an extremely important issue in arbitration. Arbitration, as a dispute settlement process, is rendered meaningless if it is not possible to enforce an award rendered by an arbitration tribunal. On the other hand, the present international arbitration system guided by the New York Convention and UNCITRAL Model Law is established on the dual supervision from the national courts. The nationality of the international arbitral award closely relates to the supervision of the national court, and the national court is entitled to decide the nationality of the international award in accordance with the conditions set in its own domestic law. The national court may set aside arbitral award made in its territory while the foreign court may refuge enforcement of foreign arbitral awards according to its own law and international convention to which it is a party. The conditions set in the Arbitration Law of the People's Republic of China are in agreement with those set in the UNCITRAL Model Law. The Chinese national court is entitled to set aside international awards made in China in accordance with the Chinese Law. The purpose of this paper is to clarify the Chinesr practice on the revocation of international commercial arbitral awards.

• 한국항해항만학회지
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• 제46권2호
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• 한국의류학회지
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• 제1권2호
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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.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.153-175
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• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.117-138
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• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

• 복식
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• 제1권
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• pp.101-117
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• 1977

This thesis is a study of the Simui(深衣) system which was a dress regulation peculiar to old China with skirt and coat. The origin of Simui is a very long time, that is, before Ju dynasty in China. Its wearing range had a large circle irrespective of rank and good or bad luck. This was a ordinary dress to the Emperor or the lords, a below court attire or a below sacrificial rites attire to the illustrious officials, and good luck dress to the common people. But this was a funeral rites attire or coming-of-age ceremony attire in domestic behaviour. In the times of Song dynasty, lots of confucian scholars had put on this simui because of Juhi's recommendation for domestic behaviour. This Simui had been put on through all the times of China and was the original text of all the dress. Especially the court attire and silkworm working dress of Empress, and the court attire and underwear court attire of Emperor is also made out of this Simui, therefore this is a origin of the ceremonial dress which formed into long coat. In Korea it is said that this Simui was brought in prior to the middle of Goryeo dynasty. But we can't tell the correct transmitted age. According to the following records in Goryeo History, "King had put on the Simui as a sacrificial rite attire in the times of Yejong". It is sure that this Simui was brought in prior to the times of Yejong. In fact, lots of confucian scholars had put on the Simui since the introduction of confucianism in the end of Goryeo dynasty and after that time this was taken by many confucian scholars through Yi dynasty. Korean Simui system was complied with Chinese system through confucian domestic behaviour, This was respected for court dress of confucian scholars, as it were, Chumri, (an ordinary dress of scholars), Nansam (a uniform of upper student), and Hakchangui (a uniform of confucian student). There are many deta about Simui system in the book of Yeki, chapter Okcho and Simui, and other many canfucian books. But we didn't demonstrate the theory about it till now. Especially there are diversifies of opinions about the phrase of "Sok Im Ku Byun" in Yeki. Simui was cut in separate and then was stitched together in one piece. Generally its shape had round sleeve and angled lapel, its length reaches to the anklebone. And it has a line around the lapel, the sleeve band, and the edge of skirt. It is called Simui because the body can be wrapped deeply in broad width and large sleeve. The Simui was made of white fine linen and was cut by the natural size of body. Every part of Simui had a profound meaning; the round sleeve in compliance with regulation can keep a courtesy when a walker moves his hands and the angled lapel like a carpenter's square in compliance with square keeps them front loosing their Justice and a string of the back also keeps them loosing from their righteousness and the flat lower part of Simui makes their heart and mind calm. This Simui was usually attendant on a head cover and belt made cloth, and black shoes. This thesis was made a study of documents and portrait from Yi dynasty, for the actual object was not obtained.

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.113-138
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• 2020

Using the Alternative Dispute Resolution (ADR) system to resolve disputes, rather than going through lawsuits, is used widely all across the world. The mediation system in the ADR has many advantages. Mediation is an ancient Chinese original dispute settlement system. The Chinese government tries to insure mediation to settle the disputes in business activities. There has been a stark increase in disputes following economic development and, in order to solve this, the Supreme People's Court has placed mediation as a priority in civil suits. In particular, China intends to powerfully move forward by building a "Moderately Prosperous Society" and to eradicate poverty as this year's economic and social development goal. Solving disputes through mediation would, above all else, be effective and be appropriate to the national development's goals. China should also provide policies that are fair and do not damage equality while it operates the mediation system.

• 한국중재학회지:중재연구
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• 제21권1호
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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.