• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.99-124
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• 2013

International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

• Asian-Australasian Journal of Animal Sciences
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• v.12 no.2
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• pp.233-243
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• 1999

Food safety or sanitation are terms broadly applicable to procedures designed to ensure that food quality is high and free of factors which may adversely affect human health. These factors include zoonotic diseases and acute and chronic effects of ingesting natural and human-made xenobiotics. Use of drugs in animal production for the treatment and control of animal diseases, to promote growth rate, and to improve feed conversion efficiency has expanded year by year, thus increasing the possibilities for occurrences in animal products of residues harmful to humans. Governmental agencies have made efforts to control or prevent residue problems. The Korean Food and Drug Administration (KFDA) is charged with the responsibility of establishing tolerances for veterinary drugs, pesticides, and mycotoxins and other non-pharmaceutical substances. The Department of Veterinary Service is responsible for establishing guidelines regarding withdrawal times of drugs, approval of drugs, their uses, and sanitation enforcement of livestock products. The authors describe the toxicological basis for the establishment of tolerance levels for xenobiotics and the pharmacokinetic basis for establishing withdrawal time for veterinary drugs. The regulatory tolerance levels of chemicals in pork and swine feed, Korean regulations on the use of feed additives, rapid residue test methods, the National Residue Program, and the Food Animal Residue Avoidance Databank are discussed. Rapid EIA methods that are under development for the screening of live animals are described These methods predict tissue residues from an examination of blood samples taken from pigs before they are slaughtered.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.121-147
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• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

• Journal of the Korean Society of Manufacturing Process Engineers
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• v.20 no.9
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• pp.42-47
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• 2021

A one-touch descending lifeline that can easily be installed and rapidly evacuated in the event of a fire accident in high-rise buildings was proposed to overcome difficulties of conventional descending lifeline such as complex installation methods and procedures. However, this lifeline exhibits limitations such as restrictions in installation location and large apparatus size. Therefore, this paper proposes a sliding-type descending lifeline, which has a similar operation to that of current one-touch descending lifeline and solves the aforementioned limitations. A double square link mechanism including a sliding four-bar linkage is proposed and the descending lifeline support is redesigned to unfold in two different planes, allowing 3D movement. Additionally, the shape of the support frame is designed to obtain two attachment surfaces that can be attached to a wall, irrespective of the angle between the window and the inner wall. FEA analysis using ABAQUS is performed to ensure that the robustness of the presented support complies with the Fire Control Act Enforcement Decree. Finally, the feasibility of the proposed sliding one-touch descending lifeline is verified through fabrication.

• Journal of the Korean Society for information Management
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• v.41 no.2
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• pp.131-154
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• 2024

This study aims to check the effectiveness of 'diligent search' stipulated in Article 35-4 of the Copyright Act of Korea. 'Diligent search' is to identify the copyright holder and his or her contact information. But the process provided by the law includes many cases in which it is practically impossible to identify the relevant details, and includes unnecessary requirements. So it appears that improvement is needed. Based on this, it was proposed to improve the text of the Copyright Act (Article 35-4) and to abolish unnecessary provisions (Article 16-3 no.5~8) of the Enforcement Decree.

• Journal of Trauma and Injury
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• v.37 no.1
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• pp.1-5
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• 2024

The aim of this paper was to review the biomechanics of knife injuries, including those that occur during stabbing rampages. In knife stab attacks, axial force and energy were found to be 1,885 N and 69 J, respectively. The mean velocity of a stabbing motion has been reported to range from 5 to 10 m/sec, with knife motions occurring between 0.62 and 1.07 seconds. This speed appears to surpass the defensive capabilities of unarmed, ordinarily trained law enforcement officers. Therefore, it is advisable to maintain a minimum distance of more than an arm's length from an individual visibly armed with a knife. In training for knife defense, particularly in preparation for close-quarter knife attacks, this timing should be kept in mind. Self-inflicted stab wounds exhibited a higher proportion of wounds to the neck and abdomen than assault wounds. Injuries from assault wounds presented a higher Injury Severity Score, but more procedures were performed on self-inflicted stab wounds. Wound characteristics are not different between nonsuicidal self-injury and suicidal self-wrist cutting injuries. Consequently, trauma surgeons cannot determine a patient's suicidal intent based solely on the characteristics of the wound. In Korea, percent of usage of lethal weapon is increasing. In violence as well as murders, the most frequently used weapon is knife. In the crimes using knife, 4.8% of victims are killed. Therefore, the provision of prehospital care by an emergency medical technician is crucial.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.1
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• pp.39-46
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• 2020

Accident prevention is more important than follow-up, which is based on Heinrich's law. The marine incident system is a very meaningful system that can prevent similar accidents, and was introduced in 2010 in Korea in accordance with the enforcement of the Code for the Investigation of Marine Casualties and Incidents (CI Code). Based on the CI Code, ship owners or ship operators are required to notify the Central Chief Inspector using the designated notification form in the event of a marine incident, but the number of voluntary notifications is still small. In this regard, this study intends to provide a direction for improvement by conducting an in-depth analysis focusing on the lack of notification procedures and forms of the marine incident system. To this end, we analyzed related regulations, cases of excellent overseas shipping countries such as the United Kingdom and Singapore, cases of similar domestic transportation systems such as aviation and railways, and marine incident notification procedures and forms of leading shipping companies. Major improvements in the notification process include the transition of the marine incidents to voluntary reporting, the expansion of the reporting subjects, and the identification of the security of the informer's identity. The main contents of the notification form revision include the use of the term "reporting" instead of "notification," the content of the identity guarantee in the notification form, and the increase in statistical value through the expansion of optional entries.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.3-31
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• 2014

As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.31 no.4D
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• pp.511-518
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• 2011

Truck weight data are essential for road infrastructure design, maintenance and management. WIM (Weigh-In-Motion) system provides highway planners, researchers and officials with statistical data. Recently high speed WIM data also uses to support a vehicle weight regulation and enforcement activities. This paper aims at developing axle load estimating models with high speed WIM data collected from national highway. We also suggest a method to estimate axle load using simple regression model for WIM system. The model proposed by this paper, resulted in better axle load estimation in all class of vehicle than conventional model. The developed axle load estimating model will used for on-going or re-calibration procedures to ensure an adequate level of WIM system performance. This model can also be used for missing axle load data imputation in the future.

• The Journal of Fisheries Business Administration
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• v.48 no.3
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• pp.15-32
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• 2017

This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.