• 한국중재학회지:중재연구
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• 제32권4호
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• 방송공학회논문지
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• 제25권6호
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• pp.922-934
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• 2020

재능거래 플랫폼은 프로그램 코딩이나 미디어 콘텐츠 제작(동영상, 음악, 발표자료 등), 디자인, 학습, 수리 등의 거래를 중개하는 플랫폼이다. 기존 재능거래 플랫폼은 서버-클라이언트 모델 기반의 서비스를 제공하여, 서버를 운영하는 비용과 거래에 대한 중재 인건비가 발생하여 이용자들이 높은 서비스 수수료를 부담하는 단점이 있다. 본 논문은 이더리움 플랫폼 기반 분산앱(dApp)으로 시스템을 통해 거래 정보를 블록에 올려 서버 및 데이터베이스 운영 비용을 절감하는 방법을 제안한다. 아울러 스마트콘트랙트를 통해 거래 중재자 인건비를 절감하여 거래수수료를 낮추는 방법을 제안한다. 블록체인 기반 재능거래 플랫폼과 기존 재능거래 플랫폼의 비용 처리 절차 및 거래수수료의 크기를 비교 분석한다.

• Asia Pacific Journal of Business Review
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• 제3권2호
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• pp.67-87
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• 2019

Anti-dumping instruments among trading partners have been the subject of research by both academicians and practitioners. This study attempts to establish an early-warning model of anti-dumping against Chinese textile exporting companies, which have suffered from anti-dumping regulations and got arbitration awards. After reviewing theories of anti-dumping arbitration, early-warning and relationship marketing, the measuring items and relationship marketing model of Chinese textiles exporters are investigated. Empirical methods are selected based on early-warning theories of companies. Eighty percent of 156 valid questionnaires by surveys and interviews are used as training data via Binary-Logistic regression while the other twenty percent are validated in the model. As a result, a proper early-warning model has been established.

• 한국중재학회지:중재연구
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• 제27권2호
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• pp.107-119
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• 2017

In the process of online trading, many unexpected conflicts may occur. The consumer wishes to perform transactions with a seller by trusting the seller's listings, but there are times when even major companies such as Kakao edit their original listings. When the seller edits their listing, it is extremely difficult for the consumer to prove and deal with the problem. If they don't deal with them carefully they may be accused of denigration. This study proposes a consumer protection system to resolve this problem. In case a problem occurs, proof that the original listing was edited can be submitted to a judge in court by using this system, thus preventing these types of problems from happening. If this system is installed, both the seller and consumer know that the terms of contract cannot be falsely changed to the advantage of either side, so the source of the problem can be prevented. This study analyzes the reasons behind the conflicts and presents a systematic way of preventing the problem. This method does not present a financial burden, and provides a way for transactions to be held based on trust for the seller and consumer.

• 한국중재학회지:중재연구
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• 제16권3호
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• pp.191-216
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• 2006

It has been talked about the responsibility of the South-North Korean e-market place(e-MP) collaboration project every you since 2003. However, the feasibility as the business has not been dealt with in detail due to the uncertain environment as well as the complicated procedures of the project. The research focuses on the workable mechanism of the South-North Korean E-Market Place collaboration project. The feasibility of the project results from the newly installed fiber telecommunication network as well as the 1 billion dollars of the trading volume between South and North Korea. The research analyzes on the capabilities as well as willingness of the South and North Korea for the e-MP, and concludes with two paradigms of the future tasks. First, the unified but step-wise structure should be made to promote the project by the political committee (South and North Korea EC Committee) and the economical administration body (South and North Korea EC Corporation). Second, the market-oriented resolution system such as South and North Korea Arbitration Body should be involved to create legal environment. Above all, the discussion should be on the main body of e-MP settlement to abolish the psychological as well as practical barriers to enter the South-North Korean electronic commerce.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.207-232
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• 2005

This study is for an example of arbitration of a dining out franchise company in Korea and franchise system currently is expanding and developing to international trade. The main reason for that is franchising has some benefits compared to the existing trades. Korean dining-out industry has largely developed for the past 20 years, but there are little world-class company of the industry, because dining-out industry should go for qualitative as well as quantitative growth at the same time. Korean dining-out industry has adopted licensing and joint-venture among growth strategies, but the franchise system among them seems to have taken its place as a representative strategy for management to develop dining-out industry. The history of Korean dining-out franchise industry is very short and it is true that we have no a management philosophy of accompanying growth with franchise due to a short experiences and recognition of top management or managers and short-term strategy for branch expansion. For a brilliant growth of dining-out franchise industry, to settle disputes through arbitration, in case of disputes taking place, is very important, because the franchise industry is a frequent-trading sector, requires expert-level knowledge, favors a closed examination and also needs a fast solution. As the franchise industry has been sharply growing around the world, there is more possibility of disputes, and various and complicated laws of the industry are related to disputes as well, so much more expert-level knowledge is required to solve disputes. Therefore, affiliated headquarters hope a disclosed settlement of their disputes and their any disputes should be fast settled for the benefits of affiliated members.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.253-275
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• 2006

Ever since the open and reform policy in 1987, China has adopted the socialistic market economy system and has been moving forward in economic reform. This gradually expanded their market economy. The open and reform policy achieved the highest average annual GDP growth rate of 9% and helped the country maintain high growth. China's economic growth in recent years has a lot to do with the international trading and direct investment by foreign corporations. China's entry into the WTO dramatically increased their amount of capital and investments due to their aggressive investments with foreign corporations. It is quite amazing that investments in China has been constantly increasing while the direct investments worldwide is decreasing. Moreover, increase in such investments is contributing to China's job creation, as well as, the expansion of international trading. When international economic exchange started between Japan and China in the 1970s, it was in the form of aid for developing countries, hence the collection of the investment was out of the question. It was in the 1990s that Japan started the full-scale investments with China and it was mostly centered in transfer of the production base. Japanese corporations aim was to mass produce goods less expensively using abundant and cheap labor and to sell them to Japan and other countries. The amount of Japan's exports and imports compared with China is increasing every year but the trade deficit has gone into the red. The dollar amount has been decreased from $ 27 billion in 2001 to $ 18 billion in 2003. The problems and damages in the system of justice and administrative confrontation that Japanese corporations are facing are continuously at a stand-still even after China's entry into the WTO. It has been 20 years since Japan's advance in China and during that period, the Japanese corporations brought many changes ranging from exports/imports to direct investment. Although Japan's new corporations tend to be located in the mid-western part of China, rather than the coastal areas, the region itself is not the cause for the confrontation. The problem stems from the Japanese treating the Chinese as if they were Japanese because they look similar due to their Asian ancestry. In reality the Chinese have completely different ways of doing business. Here we will take a look at the international trading and direct investment of Japanese corporations in China and study the conflicts that occurred in business transactions with China through real examples.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.233-266
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• 2005

The world trading system has been under many changes in recent years. One notably important development is that much attention away from the multilateralism-oriented World Trade Organization towards FTA(Free Trade Agreement). The Free Trade Agreement signed between korea and chile formally have been come effective for free trade in goods and services as from April 1, 2004. During Free Trade Agreement negotiations between both countries. This study aims at presenting the suggestion for the Korea to make the WTO rules and FTA by analyzing The interpretation of FTA under WTO System. It was founded by the investigation of WTO rules, most of the provisions are similar with other FTA, 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. The whole world has entered the new stage of bilateral and multilateral FTA. The essential or new generation or bilateral and multilateral FTA is creating more trade opportunities, promoting all factors, commodity, service, capital, technology and talent freely flow through canceling the trade barriers between FTA, in order to develop together within the regions. It shows that the cooperations transfer form the whole region into FTA. FTA makes not only the free trade smooth ,but also takes place the trade distortion effect. especially as the agriculture has a speciality each country, should it is ignored in negotiation, many reactions will be occurred in the process of fta Therefore Korea needs to deliver the message that Korea's hub is an essential ingredient for an efficient FTA and WTO system in a bilateral and multilateral win-win framework. Consequently Korea should have criterions about the rules of FTA and WTO system for peculiar circumstances of Korean economy and international trade.

• 한국중재학회지:중재연구
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• 제17권3호
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• pp.3-30
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• 2007

The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") done in New York on June 10, 1958 has been adhered to by more than 140 States at the time of this writing, including almost all important trading nations from the Capitalist and Socialist World as well as many developing countries. The Convention can be considered as the most important Convention in the field of arbitration and as the cornerstone of current international commercial arbitration. Korea has acceded to the New York Convention since 1973. When acceding to the Convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provisions relating to the enforcement of arbitral awards falling under the New York Convention begin at Article III. The Article III contains the general obligation for the Contracting States to recognize Convention awards as binding and to enforce them in accordance with their rules of procedure. The Convention requires a minimum of conditions to be fulfilled by the party seeking enforcement. According to Article IV(1), that party has only to supply (1) the duly authenticated original award or a duly certified copy thereof, and (2) the original arbitration agreement or a duly certified copy thereof. In fulfilling these conditions, the party seeking enforcement produces prima facie evidence entitling it to obtain enforcement of the award. It is then up to the other party to prove that enforcement should not be granted on the basis of the grounds for refusal of enforcement enumerated in the subsequent Article V(1). Grounds for refusal of enforcement are stipulated in Article V is divided into two parts. Firstly, listed in the first Para. of Article V are the grounds for refusal of enforcement which are to be asserted and proven by the respondent. Secondly, listed in Para. 2 of Article V, are the grounds on which a court may refuse enforcement on its own motion. These grounds are non-arbitrability of the subject matter and violation of the public policy of the enforcement country. The three main features of the grounds for refusal of enforcement of an award under Article V, which are almost unanimously affirmed by the courts, are the following. Firstly, The grounds for refusal of enforcement mentioned in Article V are exhaustive. No other grounds can be invoked. Secondly, and this feature follows from the first one, the court before which enforcement of the award is sought may not review the merits of the award because a mistake in fact or law by the arbitrators is not included in the list of grounds for refusal of enforcement set forth in Article V. Thirdly, the party against whom enforcement is sought has the burden of proving the existence of one or more of the grounds for refusal of enforcement. The grounds for refusal of enforcement by a court on its own motion, listed in the second Para. of Article V, are non-arbitrability of the subject matter and public policy of the enforcement country. From the court decisions reported so far at home and abroad, it appears that courts accept a violation of public policy in extreme cases only, and frequently justify their decision by distinguishing between domestic and international public policy. The Dec. 31, 1999 amendment to the Arbitration Act of Korea admits the basis for enforcement of foreign arbitral awards rendered under the New York Convention. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of the award.