• International Commerce and Information Review
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• v.15 no.1
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• pp.35-65
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• 2013

In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

• Korea Trade Review
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• v.47 no.1
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• pp.163-180
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• 2022

The purpose of this study is to examine the extent to which smart contracts can be applied to the software export business and to find out the legislative issues to activate smart contracts. A smart contract is a computer program that automatically executes a contract when conditions are fulfilled. Smart contracts can play a pivotal role in the field that requires immediate execution of contract or in a highly standardized field with multiple parties involved. In the software export business, it is desirable to apply the smart contract partially rather than applying the smart contract to the entire process because various parties are involved and the process is very complicated. The business model of exporting packaged software, a completed software that is mainly licensed for use, rather than the business model of exporting customized software is suitable for using smart contracts because the project for implementing customized software is mainly focused in the development stage. When smart contracts are used in processes such as contract signing, payment, and project management, work efficiency can be increased. In addition, smart contracts can be used when conditions can be quantified, such as error penalties, in areas that previously required contracts with third parties such as banks, guarantors. In order for smart contracts to be actively used in practice, legal reviews on various issues are necessary including the legality of a smart contract and the validity as an electronic document of NFT (non-fungible token) certificate. Also, for the system stability preventing hacking, etc, the periodic verification or inspection by a third party is essential. To activate smart contracts in international transactions the international treaty regarding smart contracts is also necessary.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.73-91
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• 2018

When existing trade creates a product, a series of processes is terminated when a seller or a buyer subscribes for transportation insurance and is guided through customs procedures according to the terms of the sales contract and then receives payment for it. Training practical Trade kowhow is also educated focusing on the procedures of these contracts. A new paradigm of the fourth industrial revolution was launched in the development of information communication technology and computer technology. Also, due to the Xinhuo tradeism triggered by the United States, the risk of commodity trading is further increasing. Currently, trade practical education of university and industry is carried out for most lecture and discussion. Since 2014, the curriculumof the department of trade has been increasingly managed by the NCS process. The curriculumof the department of trade department has the advantage of being managed in consideration of the characteristics of the company that wishes to find employment and the level of work content. Standardized, the curriculumcan faithfully reflect the characteristics of the company and the level of the work content. In the new era, a new educational method that reflects the trend of the 4th industrial revolution era is necessary. In this research, we propose that service trade practical education should be educated mainly on contracts, not on procedural basis as with traditional commodity trade education.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2013.10a
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• pp.226-227
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• 2013

In this paper, provide costs saving such as maintenance contracts and high-end H/W. It examines for a variety of virtualization solutions and the development(reliability, high availability). Standardized design methodology is required to cost savings and efficiency maximize in integration and virtualization configuration.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.83-105
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• 2021

If aggrieving consumers or employees cannot prove both substantive and procedural unconscionability, many U.S. state courts will enforce arbitration agreements. Additionally, U.S. courts weigh a variety of factors to determine whether an arbitration agreement is substantively unconscionable. For example, U.S. courts have considered one or a combination of the following factors: (1) the fairness of contractual terms; (2) the severity of contractual terms' deviation from prevailing standards, customs, or practices within a particular industry; (3) the reasonableness of goods-and-services contract prices; (4) the commercial reasonableness of the contract terms; (5) the purpose and effect of the terms and (6) "the allocation of risks between the parties." Further, procedural unconscionability characterized by surprise or lack of knowledge focuses on terms that are deceptively hidden in a mass of contract language, the object of another concealment, or imposed in the circumstances involving haste or high-pressure tactics so that they are not likely to be read or understood. This unconscionability doctrine can be applied to a situation where an alcoholic dementia-afflicted older adult is admitted to a nursing home. At that time, because she had alcoholic dementia, which precluded her reading, comprehending, writing, negotiating, or signing of any legal document, her son, who did not understand the adhesion contract, signed the standardized residential contract and the arbitration agreement.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.23-54
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• 2021

While maritime arbitration industry has not been prevalent in Korea, Korea ranked fifth in terms of export volume and its shipbuilding industry ranked top globally in shipbuilding order volume in 2020. The discrepancy between the maritime industry's productivity and relative lack of maritime arbitration has had a negative impact on Korea's economic development. To address these problems, this paper i) reviews preceding research, ii) examines the Korean maritime arbitration system's status and analyzes the KCAB's maritime arbitration statistics from 2005-2020, iii) examines major foreign maritime arbitration institutions' status and strategies including LMAA, SMA, SCMA, and HKMAG, and lastly iv) suggests practical ways to promote maritime arbitration in Korea. The Suggestions for promoting maritime arbitration are 1) to prepare and promote various maritime standardized forms for the Korean shipping industry, 2) to insert an arbitration clause in medium and large-size Korean shipping firms' B/L clause, 3) to expand professional maritime manpower training and other infrastructure, and 4) to enhance the predictability of the result of arbitration through maritime arbitral awards or by examining the feasibility of the appeal system against the arbitral award only on a point of law in the future. In conclusion, the success or failure of promoting maritime arbitration in Korea depends on the will, passion, cooperation and practice of the most important key players in maritime arbitration, such as the Asia Pacific Maritime Arbitration Center (APMAC), the Korean Commercial Arbitration Board (KCAB) and the Seoul Maritime Arbitrators Association (SMAA).

• Journal of Software Assessment and Valuation
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• v.16 no.2
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• pp.77-85
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• 2020

In this paper, We studied the operation of distributed ledger technology used as a core technology for smart contracts and the components of distributed ledger technology. As a solution applying the entity of distributed ledger technology to NoE, we proposed the protocol of the distributed ledger technology using the thing user social group management function of NoE protocols being standardized in ISO/IEC JTC1 SC6. The management function of things user social group in NoE provides stable protocol functions and data transmission management, and provides group management functions such as member discovery function and data transmission channel management function. It is expected to be useful for member management functions of distributed ledger nodes by providing a service that apply the component of distributed ledger technology. We intend to actively reflect this technology in the future network functions of ISO/IEC JTC1 SC6, which is undergoing standardization.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.95-124
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• 2009

This study aims to introduce greenhouse gas emission trading in Korea as a highly cost-effective mechanism for controlling emissions. The Basic Act on Low-Carbon Green Growth will cover methods of emissions allocation, national inventory, and trading systems (i.e. emissions trading platforms, national registry,and clearing and settlement platforms). The Korean emission scheme will be based on the Korean Climate Change Act proposed by the National Assembly and Government with a cap-and-trade scheme. The national allowances will be allocated by the hybrid system. To establish the national inventory, TRADEMARKS (Telemetering System) and emissions factors are effective for greenhouse gas emissions measurement. It will likewise be effective for the national registry to be implemented via a Korean Integrated Registry, the emissions trading platform via the KRX (Korean Exchange), and the clearing and settlement platform via the KSD (Korean Securities Depository). In other words, the KRX will manage product development and marketing for Korean Carbon Financial Instruments (including commodities, futures, and options contracts) listed and admitted to trading on the KRX. All emissions trades will be standardized and cleared by the KSD.

• Journal of the Society of Disaster Information
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• v.17 no.2
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• pp.365-374
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• 2021

Purpose: This study aims to study the reinforcement of the connection between the ordering agency and the in-house supplier's disaster reduction activity management system. Method: The requirements for the supplier strategy specified in the enterprise disaster management standard were identified, the application cases of agency A and supplier B were reviewed, and procedures for reinforcing the linkage of the disaster reduction activity management system were derived. Result: In order to clearly define the supplier strategy, which is a requirement of the enterprise disaster management standard, and to reinforce the linkage, it was studied that the procedure applied by the ordering agency and the supplier, and a standardized procedure for sharing the results produced by the procedure were necessary. Conclusion: Among the procedures for establishing a disaster reduction activity management system for in-house suppliers, an improvement plan was proposed to reinforce the linkage of important procedures, and the proposed contents and procedures were suggested to be reflected in the enterprise disaster management standards and related norms.