• Journal of Arbitration Studies
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• v.17 no.3
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• pp.101-119
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• 2007

Arbitration is contractual by nature. One cannot be required to submit to arbitration any dispute which he has not agreed to so submit. As commercial transactions become increasingly complex, involving multiple parties and numerous contracts for a single transaction, however, limiting the parties who are subject to arbitration to only those who have signed a contract containing an arbitration clause would frustrate the purpose of such arbitration clause and might lead to injustice among the relevant parties. Therefore, U.S. courts have recognized a number of theories under which non-signatories may be bound to the arbitration agreement of others: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter ego; and (5) estoppel. Incorporation by reference and veil-piercing theories have already been recognized by Korean courts. Agency theory and estoppel theory are not recognizable under Korean law. However, the same or similar result may be achieved by applying the third party beneficiary theory or assumption by third party theory. Although a couple of Supreme Court cases appear to be at odds with the assumption theory, on the basis of the recent amendments to the Arbitration Act, such court precedents can be and should be reversed.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2004.11a
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• pp.340-343
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• 2004

The purposes of this study is to survey unfair aspect of specific provisions in the construction contract. The research method of this stud)'includes judicial precedents and a questionnaier survey. The result of thus study are as follows: 1) unfair payment condition gives increase to faulty construction. 2) shift of the responsibility gives increase to delay, 3) adjusted contract sum gives increase inappropriate compensation to contractor.

• Journal of the Ergonomics Society of Korea
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• v.33 no.5
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• pp.365-376
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• 2014

Objective:The objective of this study is to apply the principals and policies of universal design to offer a safe and efficient workplace for older workers. Background: The concept of universal design has rapidly developed under the paradigm that tasks should be easy and comfortable for all people with diverse features. The concept is also fitting when designing a workplace. Method: Legislations, policies and precedents of workplaces with older workers have been studied and analyzed. The compilation has been used to project the present and future of employing universal design at workplace devisal. Results: Every country has its own legislations/policies regarding universal design, flexible working, and age-friendly workplaces to increase hire of older workers. The basic concept of UD and its application is explained. This study provides guidelines for employing universal design at workplaces and preventing accidents for older workers. Conclusion: Following the principals of universal design is expected to furnish a comfortable and safe workplace and lengthen the period of workers participating in the labor force in an ageing society. Application: This study offers the principles for universal design, serving as fundamental research for its application to the workplace.

• Journal of the Korean Society of Costume
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• v.57 no.2 s.111
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• pp.155-171
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• 2007

Exaggerated expressions of contemporary fashion have exceeded historical precedents in volume. The purpose of this study is to understand the aesthetic characteristics of expanded form In contemporary fashion. To take dresses beyond their flat shapes into three-dimensional forms, it was investigated into volume of dresses by using the void and the mass. The void Is rarefied space and the mass is densified space. The void of dresses could be constructed from the boning such as panier and stiff textiles as organza lining. The mass could be constructed from padding. Fold, pleats, twist, and the layering of fabrics show features of both the void and the mass. Contemporary fashion designers relied on the void rather that the mass to make the enormous volume because of the weight of the mass. X-silhouette and the expansion of skirt and sleeve were dominant as the result of accentuating the body with a waistline. However, many of expanded dresses were so voluminous that they obscured the body's outlines. Some forms were strange and shocking. Many designers explored the void and there were a multitude of methods to construct the void: compartments of air, architectural techniques, technical textiles, fold such at origami. The aesthetic consciousness of expanded dresses could be classified into 7 categories, the giant, the dynamic, the deconstructive, the historical, the comedic, the rhythmical, and the technical character.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.11-36
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• 2009

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• Journal of the Korea Furniture Society
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• v.25 no.1
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• pp.61-71
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• 2014

In the Nordrhein-Westfalen, Germany, there are approximately 3,500 industrial buildings under the cultural asset protection and management not only in the Ruhr-region but also state-wide. Unlike traditional cultural assets, industrial assets are closely tied with contemporary life in numerous ways, and have acted as a bridge between the traditional architectural buildings and contemporary architectural buildings, reflecting the overall economical, social and cultural portraits of that time. Reinvestigating them in a new light, granting just and fair values, and preserving and transmitting these modern cultural heritages is a method of preserving the historical and cultural traditions in order to keep own identity and integrity. Nowadays, however, due to various sprawling developments and new development-oriented urban policies, only a select few industrial assets are being protected, the rest facing demolition and damages. In order to better cope with such situation, Korea has officially introduced the Registered Cultural Properties System since 2001, and began acknowledging the historical values of industrial buildings as modern cultural properties. By systematic analysis and deduction of characteristics from successfully recycled precedents such Kueppers Mills at the Innenhafen Duisburg in the state of Nordrhein-Westfalen that have been preserved and recycled as cultural spaces, this paper aims to find and propose suggestions to rehabilitate and recycle the industrial cultural properties in Korea.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.65-86
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• 2015

Under current international investment law clear criteria to determine standards of indirect expropriation are absent. Arbitral tribunals determine on a case-by-case whether an indirect expropriation has occurred by conducting a fact-based inquiry. However, three common determination standards can be inferred by analyzing prior arbitration cases. The appropriate analytical framework that can be applied to determine whether a state's measure constitutes an indirect expropriation is as follows. i) the degree of economic invasion of the state's action into the foreign investor's property rights and durability of the period, ii) interference with the foreign investor's distinct and reasonable investment-backed expectations, and iii) the nature, purpose and character of the state's measure. Therefore, it is necessary to fully acknowledge and to utilize strategically this determination standard. However, derived standards cannot be applied to all disputes en masse. So, it is desirable to exclude ambiguity and to clearly define the determination standard of indirect expropriation in investment agreements, since arbitral tribunals can apply different determination standards on a case-by-case basis. And, based on the discussions until now, more developed standards and direction in response to demand should be established through consistent analysis and review of precedents related to indirect expropriation. Lastly, This study is expected to be a useful guideline to prepare a necessary countermeasure to prevent dispute related to indirect expropriation beforehand or in case of dispute occurrence.

• Architectural research
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• v.17 no.2
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• pp.49-56
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• 2015

For more than 100 years, American skyscrapers got along with the change of Modern architecture. However, high-rise building can not be regarded anymore as a monopoly of America. The purpose of this study is to clarify the aesthetic characteristics of Asian high-rise buildings. Basic concepts on the aesthetic and artistic expression of high-rise building have been discussed, emphasizing the importance of artistic characteristic. A brief introduction on the rise of Asian high-rise buildings also summarized in terms of changing trends for decades from 1970s. Among the 75 buildings in Asian countries out of 100 tallest buildings in the world, 10 buildings are selected to clarify the artistic characteristics which can be presented as an Asian trend in 21st century. The results can be summarized as follows; It was from 1990s that the Asian high-rise buildings began to express a specific regional aesthetics as a trend of post-modernism. Conventional ideas, traditional objects, and regional shapes and patterns are good instruments to successfully represent their national prides. Religions in Chinese and Islamic culture are popular motifs in Asian countries as well as feng shui and conventional idea of five primary elements. Traditional objects like pagoda and minaret are good precedents that can provide friendly recognized vertical objects. Many other interesting cases can be found referring to the traditional shapes and patterns like Chinese character, geometric pattern, Islamic sign, etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.63-88
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• 2014

The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.235-277
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• 2007

In Product Liability law, the 'defection' of the manufactured products is its key concept, defined in detail. The concept had been already developed through the precedents and theories for the past years even before the PL law was enacted and the concept was listed. Especially, the medicine products need the different approach, because they might directly harm to the human life and body due to their being injected or taken, unlikely other manufactured articles. Since the medical products have the double contradictory functions such as effects and side effects, the defection decisions become so difficult. However, because there are high concerns that wrong medical products will directly harm the human life and body, the decision standards should be more strengthened. The decision standards should include the risk-effect standard as the considered components and make the customer-expecting standard as the final standard. The decision time for defection should be made considering the science technology level when the medical products were provided, not when the accident occurred. It is the most important for the manufacturers to prevent the damages by making and selling the non-defective medicine products for themselves, rather than by taking the legal remedy means afterwards. Therefore, the non-defective guidelines for the medicine manufacturers will help increase the effects and minimize the side-effects.