• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.473-493
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• 2016

If a certain country or an arbitration institution hopes to keep ahead of the fierce competition in the international arbitration market, it needs to develop hardware factors, such as i) Facility and Infra, ii) Geographical Location, iii) Professional Staff, iv) Global Network, v) Capital, and vi) Arbitrators & Practitioners etc., along with software factors including i) Arbitration Rules of Law, ii) Court's Support, iii) International Convention, iv) Political Risk, and v) Education Environment, which are the most critical requirements in the development strategy for international arbitration. Having perceived the above situation, the Korean government has been working on amending the Korean Arbitration Act to reflect global advanced practice of international arbitration, and seeking to enact laws that will promote our arbitration industry and create a more arbitration-friendly environment. The KCAB is also currently revising both the domestic and international arbitration rules in accordance with these national efforts. Under these circumstances, this paper examines how major leading international arbitration institutions manage their secretariats and suggests how the KCAB can compose and manage its Secretariat to gain a competitive advantage over rival institutions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.141-160
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• 2015

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.

• Ocean and Polar Research
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• v.36 no.4
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• pp.353-365
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• 2014

Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastal State on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.3-22
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• 2008

The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.267-292
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• 2009

It is a right time to improve the Korea Foreign Trade Act(KFTA) as a fundamental law on Rules of Origin(RoO) in the global trade circumstances which are summarized FTA and WTO. The KFTA's RoO constitutes the labelling system of the Country of Origin, the criterion of it, the issuing of certificate of origin and the punishing offender mainly around the importing goods. This study has focused on the problems of KFTA's RoO at the macro and practical level, and proposed the programs to improve the KFTA's RoO about importing, exporting and domestic production goods. KFTA need to create a purpose clause to protect consumers and industries also, and has to be located a general and top position in the RoO of Korea. In the concrete, the labelling system of the Country of Origin has to set limited in the point of minimum necessity view. The criterion of the Country of Origin also has to improve the wholly obtained criterion, the changing in tariff classification criterion, value added criterion and processing operation criterion to harmonize WTO Rules of Origin and FTA Rules of Origin. The punishment ceiling against offender has to raise to guarantee the effectiveness of RoO.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.113-133
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• 2015

This article reviews some recent decisions of the Supreme People's Court (SPC) of the People's Republic of China (PRC) on the recognition and enforcement of several South Korean arbitral awards. It explains the implementation of the New York Convention in the PRC and in particular the so-called Report System under the current Mainland Chinese law and judicial practice. It identifies some deficiencies in the People's Courts' approaches to the application and interpretation of the New York Convention and argues that the Mainland Chinese courts should adopt the pro-enforcement principle in the determination of the relevant issues under the New York Convention. It proposes further enhancement of the Report System and that the current categorization of 'domestic, foreign-related and foreign' in the context of arbitration agreements and arbitral awards needs to be further reviewed and clarified by the SPC. Last but not the least, it recommends some steps that South Korean parties should take to enhance the enforceability of South Korean Arbitral Awards in Mainland China.

• Journal of the Korean Institute of Gas
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• v.13 no.3
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• pp.7-14
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• 2009

Many countries are managing the transportation of hazardous materials under the specific provisions especially, as well as use, storage and management, because of their high risks. For the purpose of the revision of rail safety law for the safe transportation of hazardous materials, amount and kind of hazardous materials transported by rail in Korea are analysed and the standards of classification of hazardous materials are compared in domestic and abroad. There are lots of benefits for national rail safety law to implement an international law because our country's geographic location is convenient to connect the continent and to across the border. It is suggested that implementing a classification and test methods of hazardous materials enable to use internationally for the preparation of rail transportation to be increased.

• Journal of Information Technology Services
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• v.16 no.2
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• pp.85-96
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• 2017

The revised "Software Industry Promotion Law" has been effective from 2013. This law is to be basis of the domestic public information sector and increases the opportunities for small and medium-sized firms in participating the public IT projects. The shortcomings of this law may be the increase of the risk and the decrease of quality of projects. These suggest that the competencies of project manager (PM) s are critical. Also, in general, an SI (System Integration) project is a one that provides a customer with a customer-tailored system for system integration. Particularly, in an SI project involved in a public institution or a large corporation, the ripple effect of success or failure of a project is becoming greater as the system requires higher cost and more time due to high complexity and large scale. One of the solutions to address these problems is to investigate the competencies of a PM. Thus, in this paper, we derived the major competencies using the RGT (Repertory Grid Technique) and categorized the resultant constructs using the content analysis. In addition, we analyzed the level of importance of competencies by applying the AHP (Analytic Hierarchy Process). The conclusion was that Problem-solving Skill and Leadership were the most important competencies of a project manager.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.133-156
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• 2014

With the development of Chinese commercial arbitration, there have been a large number of cases regarding the parties raised objection to the jurisdiction in arbitration and judicial practice. The argument relating to dealing with the subject matter, time limitation, identified subject of arbitration objection to the jurisdiction as well as the inadequate of Chinese Arbitration Law and relevant judicial interpretations has caused adverse impact on the conduct of the arbitration proceedings. This paper firstly look ar the overview of the arbitration jurisdiction objection, mainly on the arbitration jurisdiction objection determination and what is arbitration jurisdiction objection. The raise and abandonment of the arbitration objection to jurisdiction then will be analyzed in terms of subject, form, time and the legal consequences of giving up. The third part illustrates the handling of arbitration jurisdiction objection, main body, practices, procedures and whether the arbitration objection to jurisdiction is established. And the last part discuss how the condition of effectiveness on the arbitral agreement applies to through Chinese cases. Finally, the author suggests some cautions and countermeasures relates to arbitration agreement for domestic investors and traders dealing with the Chinese partner.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2016.05a
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• pp.181-182
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• 2016

We developed eco-friendly lightweight concrete in order to apply eco-friendly lightweight concrete into structural wall or slab of shallow depth urban railway system. However, since lightweight aggregate has different structural feature of porous and it has been overvalued at current KS standard when applied, we did compare the characteristics of freezing and thawing of normal weight aggregate concrete by comparative test method(KS, ASTM). According to test method, there was a big difference of dynamic elastic modulus in lightweight concrete rather than in normal weight aggregate concrete. The big absorption factor in lightweight aggregate is main reason for that. For more detail, in KS law in which only 14 days water curing is carried out, the big amount of moisture in lightweight aggregate is frozen and high heaving pressure occurs and finally that lead to destruction of lightweight concrete. Therefore, it is considered that in case of lightweight concrete, resistibility against freezing and thawing has been undervalued in domestic KS law compared to ASTM law, which is overseas standard. So, a variety of examination about testing criteria and rule would be necessary for exact assessment of lightweight concrete.