• 의정연구
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• 제15권1호
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• pp.5-38
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• 2009

이 연구는 민주화 이후 국회-대통령-정당관계를 역사적으로 살펴봄으로써 이를 상생적인 관계로 이끌어가기 위한 조건들에 대하여 고찰하고자 하였다. 연구자는 정당 내부의 권력집중도와 정당기율의 정도가 국회-대통령관계의 상생성에 결정적 영향을 미친다고 보고 이를 분석의 중심틀로 적용하였다. 2002년 이전까지 한국 정당은 권력집중형에 강한 기율이 특징이었다. 대통령 정당은 그의 의제실현을 목적으로 한 입법도구였고, 야당은 반대자로만 존재하는 집단적 대립과 교착의 시대였다. 2002-4년이후 정당정치에서 권력을 분산시키고 기율을 약화시키는 미국식 원내정당화를 포함하여 다양한 제도 개혁이 이루어졌으나 현재까지는 상생정치가 별로 진전되지 않고 있다. 개혁의 결과는 의원들 개인보다는 파벌의 중요도를 증진하였다. 그런데 파벌정치가 (잠재적)대권후보를 중심으로 강하게 응집함으로써 국회는 여전히 정당간의 당론들만이 격돌하는 입법전쟁터로 존재할 뿐이다. 분석을 토대로 연구자는 상생정치 발전을 위해서 현재 정당 및 하위 파벌들의 집단적 행태를 더욱 해체하는 방향으로의 제도 개선을 제안하였다.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제8권8호
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• pp.2948-2966
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• 2014

To promote recommendation services through prediction quality, some privacy-preserving collaborative filtering solutions are proposed to make e-commerce parties collaborate on partitioned data. It is almost probable that two parties hold ratings for the same users and items simultaneously; however, existing two-party privacy-preserving collaborative filtering solutions do not cover such overlaps. Since rating values and rated items are confidential, overlapping ratings make privacy-preservation more challenging. This study examines how to estimate predictions privately based on partitioned data with overlapped entries between two e-commerce companies. We consider both user-based and item-based collaborative filtering approaches and propose novel privacy-preserving collaborative filtering schemes in this sense. We also evaluate our schemes using real movie dataset, and the empirical outcomes show that the parties can promote collaborative services using our schemes.

• 무역상무연구
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• 제60권
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• pp.27-46
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• 2013

The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.153-185
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• 2006

This article deals with the Improvement of Compulsory Arbitration System on Trade Union and Labor Relations Adjustment Act in Korea. If a labor dispute occcur, the settlement of labor dispute must be reached for the parties' own accord. The autonomy of the parties concerned is the fundamental principle in the settlement of labor dispute. If the Rights Which are guaranteed by art. 33 Constitutional Law belong to civil liberties, we should consider Trade Union Act as the restriction of basic rights. Arbitration is a procedure which permits the most positive intervention by the arbitrator. It is carried out by an arbitration committe which is composed of three arbitrators appointed by the chairman of the Labor Relations Commission. Compulsory arbitration system of the labor for parties should be improved. In case of necessary public enterprises, more strict requirements on assembly for labor disputes should be prepared and the government should support institutions to prevent labor-management disputes by educating experts on labor-management relations and improving the quality of arbitration.

• 무역상무연구
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• 제25권
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• pp.165-187
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• 2005

Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

• Industrial Engineering and Management Systems
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• 제6권1호
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• pp.55-63
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• 2007

Exchange of information is essential to the process of innovation such as product development. However, in many cases innovation fails because of a lack of knowledge sharing among parties concerned, even if parties individually have pieces of useful knowledge and skills. Besides physical factors like communication costs, the possibility of opportunistic behavior by parties like stealing ideas can discourage information exchange. This paper introduces a model to analyze incentives of information exchange. The model is a game by two players who alternately opt to offer information to the partner. It is suggested that information exchange can stop before reaching the efficient level. In order to attain the efficient information exchange, expectation of mutual benefit and absence of opportunistic motives in both players are needed. Methods for promoting information exchange include modifying payoff structure to meet the condition of information exchange. The fluidity of partnership may increase a variety of information exchange partners, but discourage building trust between partners which promotes information exchange.

• 무역상무연구
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• 제69권
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• pp.179-199
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• 2016

There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on. Therefore, it need to analyze a historical background and their presence in various domestic legal systems. Although the CISG describes Art. 79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISG pursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the force majeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problem of judgment in a court or a court of arbitration under impediment of CISG.

• 통상정보연구
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• 제8권3호
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• pp.207-227
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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. The parties are free to agree on the number of arbitrators. The role of the arbitrator is so significant in the arbitration system that its success or failure may depend on the credibility of the arbitrator. The purpose of this paper is to examine the specific elements of the Arbitration Clause through arbitration laws, arbitration rules and the related cases, to introduce the standard clause which are recommended by the international institution and the individual countries, and to make the parties of international commercial contracts reflect them in their contracts. Thus this author would like to recommend the famous and well known the Standard Clause which were drafted by international institution such as ICC and UNCITRAL or individual countries.(LCIA, AAA, CIETAC, KCAB)

• 한국환경과학회지
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• 제20권2호
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• pp.207-214
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• 2011

Non-Annex I parties announced the voluntary emission reduction targets including the U.S. in the conference of party. NAMAs would be focused to solve the negotiation clue for the post-kyoto regime. Since the country would not be involved in Annex I parties, the voluntary carbon market would be created for the greenhouse gas reduction targets. According to Bali Roadmap, voluntary carbon market should be constructed by the MRV manners since this country does not belong to Annex I parties. Carbon point system would be proposed by the ways of the international voluntary emission reduction credit. The voluntary carbon market should involve the potential GHG reduction credit and link with the ETS in the country. This study proposed the way of linkage between ETS and voluntary carbon market including the carbon-point system.

• 무역상무연구
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• 제13권
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• pp.605-630
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• 2000

A letter of credit plays very important roles in rational and smooth international trade. But the parties to letter of credit transactions can bring about many troubles and losses in such transactions because of ignorance and limits of their rights and responsibilities. The purpose of this study is to analyze a legal position of confirming bank and limits of responsibilities of the confirming bank on the UCP and authoritative decisions by ICC. I attempts to analyze a legal position of confirming bank and limits of responsibilities between the confirming bank and the contract parties at the documentary credit transactions on the basis of theoretical, lawful, and international transactions.