• Journal of Arbitration Studies
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• v.23 no.4
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• pp.3-27
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• 2013

Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.257-283
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• 2005

This study aims at presenting the suggestion for the Korea to make the FTA's rules of origin with Japan and other countries by analyzing JSEPA's rules of origin. It was founded by the investigation of JSEPA's rules of origin, most of the provisions are similar with other FTA's for instance NAFTA, but a little provisions different from other FTA's. It is an appearance from the contracting party's peculiar circumstances such as state of industrial development or future prospect, conditions around international trade. Then, the Korean government have to form and support a commission of FTA from various circles. In that case the commission will mediate conflict and disharmony. Moreover the commission may consider in all FTA's aspects including rules of origin. Consequently Korea will and should have criterions about the rules of origin allowing for peculiar circumstances of Korean economy and international trade.

• Journal of Korean Library and Information Science Society
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• v.32 no.3
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• pp.199-226
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• 2001

This study is a part of the serial study on the historical development of cataloging rules in Korea, and focus on 'the period of international standardization'(from 1954 to 1980). In this period, Han-Un Catalog Rules, Dongseo pyeonmoggyujeong(cho), Korean Cataloging Rules 1st ed. and 2nd ed. were published in Korea. This study tries to review the structure and contents of these cataloging rules.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 1996.10a
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• pp.303-306
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• 1996

This paper proposes a heuristic method for job shop scheduling with alternative machines. Our heuristic suggests four machine-selecting rules and two priority dispatching rules for modifying existent ones considering alternative machines, and then it extends existing nondelay/active job shop schedule generation. This heuristic provides good criteria(rules) in the selection of a proper machine among those performing a specific operation and for the dispatch of an operation to a selected machine and thus these rules permit the efficient job shop scheduling with alternative machines. The performances of our four machine-selecting rules in addition to the two priority dispatching rules, applied together with the existing 17 rules, are experimented and evaluated, respectively.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.369-385
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• 2003

Contracts of carriage evidenced by bill of lading which are made between carrier and unidentified number of the shipper are to a large extent regulated by statute law such as Hague-Visby Rules and Hamburg Rules. These rules qualifies the contractual liberty of parties and especially restrains the carrier from introducing exemption from his liability beyond those admitted by the Rules. However, these Rules are applied only to goods in respect of which a bill of lading or similar document of title has been issued. In this reason, it is possible that liability of carrier in respect of goods shipped could become an issue where electronic bill of lading is used instead of paper bill of lading because electronic bill of lading is not generally recognised document of title in existing rule. Thus, this article discuss the relation between the carrier who create electronic bill of lading and the Rules regulating liability of carrier. Also, new Rules which has been examining in UNCITRAL will be introduced.

• Journal of the Korean Institute of Telematics and Electronics B
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• v.29B no.1
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• pp.18-25
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• 1992

In this paper, a rule checker which aids in composing a consistent knowledge base by checking redundancies and inconsistencies in a knowledge base is proposed. The proposed algorithm checks the rules by representing the rule connections as a network . The standard model of the rules adapted in this algorithm is in the Conjunctive Normal Form which includes NOT's, and rules of conventional expert system can be checked by converting them into the standard form by a rule form at converter. When compared with Ginsberg's KB-reducer which is conceptually most similar to the proposed algorithm among existing methods,it is shown by a computer simulation that with 360 rules, the checking time is three times faster and the rate increased as the number of rules increased, but the total memory requirement of the proposed agorithm is 1.2 times larger. The proposed algorithm has further advantages in that it can check circular rule chains and can find the paths of the redundant and inconsistent rules.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.20 no.43
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• pp.127-137
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• 1997

This paper proposes a heuristic method for job shop scheduling with alternative machines. Our heuristic suggests two machine-selecting rules and two priority dispatching rules for modifying existent ones considering alternative machines, and then it extends existing nondelay/active job shop schedule generation. This heuristic provides good criteria(rules) in the selection of a proper machine among those performing a specific operation and for the dispatch of an operation to a selected machine and thus these rules permit the efficient job shop scheduling with alternative machines. The performances of our two machine-selecting rules in addition to the two priority dispatching rules, applied together with the existing 17 rules, are experimented and evaluated, respectively.

• Proceedings of the Korean Institute of Intelligent Systems Conference
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• 1993.06a
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• pp.1370-1373
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• 1993

In controlling a system having many variables to control and multi objectives to satisfy such as a roof crane system, it is often difficult to obtain fuzzy If-Then rules in usual ways. As an alternative, we can more easely obtain rules in such a manner that we obtain each independent group of rules using partial variables for a partial objective. In this case, obtained rules can be conflicting with each other and conventional inference methods cannot handle such rules effectively. In this paper, we propose a roof crane controller with optimal velocity profile generator and a fuzzy logic controller with an inference method suitable for such conflicting rules.

• Proceedings of the KAIS Fall Conference
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• 2003.11a
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• pp.149-154
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• 2003

Credit scoring system (CSS) starts from an analysis of delinquency trend of each individual or industry. This paper conducts a research on credit card delinquency of bank customers as a preliminary step for building effective credit scoring system to prevent excess loan or bad credit status. To serve this purpose, we use association rules that ore generating method. Specifically, we generate sets of rules of customers who are in bad credit status because of delinquency by using association rules. We expect that the sets of rules generated by association rules could act as an estimator of good or bad credit status classifier.

• Journal of Korea Multimedia Society
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• v.11 no.12
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• pp.1739-1748
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• 2008

When we conduct a data mining procedure on sample data sources, several rules are generated. But some rules are redundant or logically disjoint and therefore they can be removed. We suggest a new rule minimization algorithm inspired from logic synthesis to improve comprehensibility and eliminate redundant rules. The method can merge several relevant rules into one based on data mining and logic synthesis without high loss of accuracy. In case of two or more rules are candidates to be merged, we merge the rules with the attribute having the lowest information gain. To show the proposed method could be a reasonable solution, we applied the proposed approach to a problem domain constructing user preferred ontology in anti-spam systems.