• 의정연구
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• 제15권1호
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• pp.237-260
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• 2009

본 연구는 민주주의 및 정당담론의 변화가 실질적인 정치자금제도의 변동을 유도하여 왔으며 이를 통해 다시금 전체적인 민주주의담론의 변화와 정치체계의 체제정합성 확대에 영향을 미쳐왔는가라는 문제를 제기한다. 독일의 정치자금 구조와 국고보조금 제도는 60년대부터 90년대 후반에 이르는 긴 논쟁과 갈등과정을 동반하며 형성되어 왔다. 국고보조금 도입 초기 이에 대한 비판여론은 극심하였던 것으로 보이며 독일 정당들은 이후 수십여 년 간 정당의 헌법적 지위를 현실화하기 위한 담론형성을 주도하여 왔다. 국고보조금제도는 여러 차례의 헌법재판소 판결과 정당 간의 치열한 논쟁을 동반하며 약 세 차례 근본적인 변동을 겪어 왔다. 그리고 이 변화 과정은 "의회민주주의체제 하에 국가와 사회를 매개하는 필수불가결한 제도로서의 정당"이라는 헌법해석이 어떻게 의회와 헌법재판소를 서서히 장악해왔는가를 보여준다.

• 한국중재학회지:중재연구
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• 제20권1호
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• pp.21-39
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• 2010

The role of the arbitrator is so significant in the international arbitration that its success or failure may depend on the credibility of the arbitrator. It has long been understood that the ideal arbitrators are should be independent, unbiased, and have the requisite legal and/or technical expertise and experience for the case at hand. Arbitrators may be selected either by agreement of the parties, by appointment by arbitral institution or by a national court. This article outlines the main method of selecting the members of the tribunal plus some of the benefits and burdens of each method. One of the most common methods of appointing arbitrators is by agreement of the parties. This approach is very attractive because it allows parties to submit a their dispute to judges of their own choice, that they also agree on. Most arbitral institutions have a panel of arbitrators and their arbitral rules. So, if disputants agree on a specific arbitral institution, they can settle their disputes by arbitration easily and quickly. If disputants are unable to agree on arbitrator(s) or a specific arbitral institution, method of selecting arbitrator(s) by national court must be employed.

• 한국재난정보학회 논문집
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• 제4권1호
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• pp.154-174
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• 2008

Korean public power isn't currently performing its duties of crime prevention or public security services as effectively as the people expect from it due to excessive work load, insufficient budget, and equipment or work force problems, although it should protect the people from increasing crimes. The mutual cooperation between the police and the private security firms can' t be enhanced unless both parties are involved. Above all, the private security companies should secure superior security personnel and provide them with systematic education and training to improve their qualities. The police should also make an effort. In order to foster the private security firms soundly, the police should improve the system if necessary, and establish, guide and monitor the department wholly responsible for the private security affair. Both parties also should deal with crimes systematically by exchanging information for crime prevention, having informal meetings and introducing a joint patrol system. In order to cope with crimes threatening the livelihood of the people in our society, the public and private securities' mutual cooperation plans should be formulated. For this purpose to be achieved, the private security firms and the police should understand each other and bilateral efforts should be made. If both parties understand each other and make an effort, the relationship between them will be improved greatly and developmental plans for preventing crimes can be made.

• 한국중재학회지:중재연구
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• 제21권3호
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• pp.3-20
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• 2011

An arbitrator is an impartial person chosen to decide the issue between parties engaged in a dispute. But the arbitrator appointed by a party or arbitration institution shall be impartial or independent and should disclose to the administrator any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. If, at any stage during the arbitration, new circumstances arise that may give rise to such doubts, the arbitrator shall promptly disclose such circumstances to the parties and to the administrator. Upon receipt of such information from an arbitrator or a party, an party must challenge any arbitrator whenever circumstances exist that give rise to justifiable doubts as to arbitrator's impartiality or independence. Under these circumstance, there were two cases declared by the Korean Supreme Court in relation to the cancellation of the arbitration award. One arbitral case was cancelled for the reason of the having been arbitral procedure without disclosure arbitrator's impartiality, and the other case was refused to cancel the ward for the reason of the having been arbitral procedure without challenge an arbitrator. There are not, however, the standard to decide what is definitely the arbitrator's impartiality or independence and the difference on qualification between arbitrator chosen by an party and neutral arbitrator in korean arbitration law and rules. Nevertheless, korean court require arbitrator to be impartial and independent and the arbitration parties to challenge arbitrator' impartiality or independence.

• 무역상무연구
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• 제76권
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• pp.21-47
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• 2017

Interim measures by an arbitral tribunal aim to protect the parties' rights before or during arbitral proceedings for avoiding frustration of the final award in international commercial disputes. Even though decisions of the interim measure are expected to be performed by parties directly during the arbitral processing, it is not easy to be provided by the arbitral tribunals cause of lack the power to enforce their decisions directly against the parties. Particular court supports mechanism for enforcement directly to assistance to arbitral tribunal's decisions. Decisions on interim measures are provisional. Even though the arbitration is ongoing to request interim measure directly to the arbitral tribunal, relevant courts are able to ensure effective relief cause by the difficulty of limited rights of the arbitral tribunal. In this time both revised Korean Arbitration Act in 2016 and UNCITRAL 2006 revised Model Law are complemented to attach articles for recognition and enforcement of interim measures by arbitral tribunal during the arbitration processing. It could be possible to enforcement of decisions of interim measures by arbitral tribunal on the revised arbitration law. In this paper it is considered the problems and alternatives on related applicable articles and articles of recognition and enforcement for the interim measures by arbitral tribunal under the revised UNCITRAL Model law and Korean Arbitration Act.

• 무역상무연구
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• 제30권
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• pp.91-120
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• 2006

An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

• 무역상무연구
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• 제69권
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• pp.633-654
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• 2016

Recently open data has been spread rapidly in the world include Korea. Accordingly in international trade field open data and using it became a key point to get competitiveness. In this study, the author make an attempt to suggest the way for quality improvement of international trade information by looking for some problems with crating and using the information. Thus, the problems of using information are can be point out as follows. Firstly the range of open data is narrow. Secondly the management of the open data is not conducted properly. Thirdly the suppliers of the open data didn't prepare some investigation system for their data's usability for user. Expansion of the organizations who open data is one way to solve quantitative problem. There are four suggestions to solve qualitative problems. Firstly the guidelines should be established and operated in each organizations respectively. Secondly the criterion of expenses for open data should be arranged among the concerned parties. Thirdly the ability of the manpower and organization who charged in the quality improvement of information should be reinforced both quantitatively and qualitatively. Lastly the system for data usability for user should be equipped in early stages. Finally the author emphasize the establishment of total management system for using open data in international trade is not needed only the efforts of the specific parties but also all parties led by Ministry of Industry, Trade and Energy in order to carry out above suggestions successfully.

• Environmental Engineering Research
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• 제21권4호
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• pp.420-426
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• 2016

Climate change imposes a huge treat on the sustainability of our environment. One of the major reasons for the increasing impacts of climate change is the emission of greenhouse gases. Therefore, cooperative greenhouse gas emission reduction schemes with a general consensus are needed in order to reduce the impacts of climate change. Due to the strong link between greenhouse gas emission and economic development there is disagreement among countries on the designing and implementation of emission reduction plans. In this paper the authors proposed a two-stage concession game to analyze emission reduction plans and determine a balanced emission range that improves the utilities of the bargaining parties. Furthermore the game was applied to a hypothetical example. Our results from the case study indicated that even though the utilities of the bargaining parties is highly affected by emission reductions, after making concessions their utilities can be improved given their emission reductions are within in a certain desirable range. The authors hope that this article provides insights which could be useful for understanding emission reduction plans and their consequences on the negotiating parties.

• 무역상무연구
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• 제42권
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• pp.67-85
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• 2009

In English Law it seems that it is essential to apply the principle of equilibrium in the contract, however, it does not seemed to apply as the general rule of the principle of contract. Especially it seems that English Court didn't pay attention to the principle of equilibrium in 18th century. If one of the party do not appeal the equilibrium of the contract, it does not make any difference even today. However the Court may cancel or withdraw the construction of contract between the parties where the principle of equilibrium is damaged by fundamental problems like just-price. In French Law it seems that they have more wide definition of the principle of equilibrium. The French Court may consider that the application of good faith is the performance of condition of the contract between the parties and has no power to relieve of one party of his expressed obligations or warranty. In German Law, it seems that the principle of good faith is fundamental to take into account interest of the parties. They may agree to supply information or not to interfere with a commercial agent regarding performance and maintenance of the contract.

• 한국경영과학회지
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• 제29권4호
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• pp.159-173
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• 2004

Instant Messenger is a communication tool which allows instant real-time connection between parties through Internet Compared to the most popular Internet communication tool. email. the messenger allows people to check network presence of other parties and to connect in real time among multiple parties. Mostly due to the convenience it provides. use of instant messengers has increased tremendously not only for personal purpose but also for business purpose. However. firms are agonizing about the real impact of instant messenger usage among employees. whether the impact is positive or negative in terms of the productivity, Applying the theory of reasoned action (TRA) and technology acceptance model (TAM). this study sets UP perceived ease of use. perceived usefulness and cultural orientation of individuals as antecedents of adoption and use of the messenger application, Also. the impacts of messenger usage are measured as task productivity and intimacy among colleagues. This study presents several findings about the instant messenger, First. perceived ease of use. and usefulness play important roles in raising the adoption level of instant messenger. Also. culture propensity also maintains strong influence towards the actual usage of the messenger. Among cultural variables. innovativeness, supportiveness and outcome orientation reveal strong positive impacts on adoption and use of the messenger. On the dependent side. use of instant messenger seems to have a strong direct impact on task productivity as well as indirect impact through intimacy. Implications are discussed.