• Title/Summary/Keyword: 중국중재

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CIETAC Arbitration Case Applied of Chinese Consignment Contract Law and CISG (중국위탁매매계약법 및 UN통일매매법의 적용에 관한 CIETAC 중재사례 연구)

  • Song, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.167-190
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    • 2012
  • The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

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PCA Ruling on South China Sea : Implications for Region (필리핀 vs. 중국 간 남중국해 사건 중재판정의 동아시아 역내 함의)

  • Park, Young-Gil
    • Strategy21
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    • s.40
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    • pp.131-143
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    • 2016
  • On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

A Study on the Commercial Mediation System in China and its Implications (중국의 상사조정제도와 그 시사점에 관한 연구)

  • KIM, Jung-Nyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.171-190
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    • 2015
  • This thesis mainly studies the Commercial Mediation System in China and its Implications to Korea. Commercial mediation is an important dispute settlement method, however there are more studies on the issues of arbitration than the ones on mediation. Commercial mediation emerges From the tide of economic activity, needing an earnest research and to be developed. Business mediation law has been enacted in some nations like USA, but in Korea, there is no law in mediation field to follow. To set up business mediation law is necessary and urgent as well as feasible. This thesis first introduces the mediation of the general meaning including concept, makes a research concerning the sorts of the mediation, compares the effect of different kinds of mediation, and studies the current status of use of mediation in other countries. Than introduces current status of use of mediation in China, and examine mediation system in China. Through this studies, the writer no that there is almost equal problem in China comparing to Korea. So than examine how Chinese government make countermeasures to cover their problems, and give Korean government several implications that can learn from China.

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EInfluence Food-related Lifestyle of Chinese Customers on Purchase Intention for Korean Ramen - Moderatoring Effects of Food Neophobia and Korean Attitude to Food Safety - (중국 소비자의 식생활 라이프스타일이 한국 라면 구매의도에 미치는 영향 - 푸드네오포비아와 한국 식품안전태도의 조절효과 중심으로 -)

  • Ha, Heon-Su
    • Culinary science and hospitality research
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    • v.22 no.3
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    • pp.92-107
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    • 2016
  • The purpose of this study is to investigate how food-related lifestyle of Chinese customers affect purchase intention for Korean Ramen and to verify the moderator effects of food neophobia and Korean attitude to food safety between them using hierarchical regression analysis suggested by Baron & Kenny. The findings and implications can be summarized as follows. First, while food-explorer or convenience-oriented traits in Chinese customers have significant and positive effects, the health-oriented trait has a negative effect on purchase intention of Chinese customers for Korean Ramen. Second, there is negative moderating effect between the trait of convenience-oriented and purchase intention of Chinese customers for Korean Ramen. Third, there is a positive moderating effect between the trait of food-explorer or convenience-oriented, and purchase intention of Chinese customers for Korean Ramen.

Health Promotion Behavior and Health-related Quality of Life by Acculturation Levels among Chinese University Students in Korea (재한중국유학생의 문화적응환경에서의 건강증진행위와 건강관련 삶의 질)

  • Kim, Sun Jung;Choi, Kyongon
    • The Journal of the Korea Contents Association
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    • v.17 no.8
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    • pp.66-79
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    • 2017
  • This study was to identify the relationship between health promoting behaviors and health related quality of life at acculturation environment of Chinese international students in Korea. From November 2010 to December 2011, 395 Chinese international students in undergraduate, masters or doctorate courses from 10 universities and graduate schools in Seoul and vicinity participated in self-report survey of the acculturation level, the health promoting behaviors and SF-12, the health related quality of life. The data of 395 students were classified to 3 groups based on the acculturation level. The low level group showed the health promoting behaviors strongly influence the physical component score of quality of life. As the acculturation level increased, the health promoting behaviors closely affected to the mental health-related quality of life. The results indicated that the acculturation level may be control variable to define the relationship between the health promoting behaviors and the health-related quality of life.

A Systematic Review of Calligraphy Therapy: A Comparative Study of Korea and China (서예치료의 체계적 문헌고찰: 한·중 비교 연구)

  • YaLi Liu;Boram Park
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.2
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    • pp.235-244
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    • 2023
  • We aimed to identify the differences between Korean and Chinese calligraphy therapy by examining the trends in Korean and Chinese calligraphy therapy and the effectiveness of the dependent variables. For the study, we initially screened 288 Korean articles and 429 Chinese articles, totaling 717 articles, published from January 1997 to December 2021. Using the PICOTS-SD standard, 6 Korean articles, 9 Chinese articles, and 15 total articles were identified as eligible for the study, and the collected data were analyzed using SPSS 26.0, a Microsoft EXCEL program. We found that there were significant differences in the number of follow-ups among publication formats, disease types, and main activity techniques (p<.05), and significant differences in the number of research and experimental participants in calligraphy therapy studies published in Korea and China and in the type of effect verification of the dependent variable (p<.01). In addition, based on the literature review and data analysis, it was found that there were differences in the qualities and experience of Korean and Chinese therapists and the intervention contents and methods of calligraphy therapy.

The Problem and Improvement Direction of China Arbitration System (중국(中國) 상사중재제도(商事仲裁制度)의 문제점(問題點) 및 개선방향(改善方向))

  • Kim, Tae-Gyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.29
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    • pp.3-37
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    • 2006
  • This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

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Research Trend Analysis of Health Literacy on Female Marriage Immigrants in Korea (국내 결혼이주여성 대상 건강문해력 연구 동향)

  • An, Jisook
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.4
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    • pp.613-620
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    • 2020
  • This study aimed to investigate the current state and trends of health literacy research conducted on female marriage immigrant in South Korea over the past 10 years. A total of 107 related studies were searched through the web database, and 10 of them that met the inclusion criteria were finally analyzed. Most of the studies conducted in the healthcare fields such as nursing. Of the 9 studies were descriptive study, and there were no intervention studies. Most of studies involving women from main country of origin such as Vietnam, China, and the Philippines, and many studies conducted convenience sampling of less than 200 subjects from some regions for reasons such as accessibility. As a tool for measuring health literacy, KHLAT was most frequently used. For future research, collaborative research with healthcare fields and other fields through interdisciplinary interaction is necessary, and a circumstance in which field workers actively participate in research should be prepared. In addition, further studies including larger sample and community-based intervention improve health literacy are needed. Finally, efforts to improve the methodological consistency in the application of health literacy tools and to develop standardized instruments are required.

Factors related to the short-term and long-term intentions of healthy eating among Chinese adults living in Shanghai and parts of Anhui Province of China using the theory of planned behavior (계획적 행동이론 기반 상하이 및 안후이성 거주 중국 성인의 건강한 식행동의 장단기 의도와 관련된 요인)

  • Liu, Ani;Lee, Seungwoo;Hwang, Ji-Yun
    • Journal of Nutrition and Health
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    • v.55 no.1
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    • pp.188-199
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    • 2022
  • Purpose: This study investigated the relationship between 3 major constructs of the theory of planned behavior (TPB), i.e., attitude, subjective norms and perceived behavioral control (PBC) and past experience of healthy eating and intentions of healthy eating in the short-term and long-term in adults living in Shanghai and parts of Anhui Province, China. Methods: The online study questionnaire for this cross-sectional study was based on previously validated items. A total of 408 Chinese adults (aged 18-64 years) residing in Shanghai and parts of Anhui Province, China were included to examine relationships between 3 major constructs of TPB and past experience of healthy eating, and short-term and long-term intentions of healthy eating. Multiple linear regression model adjusted for age and body mass index (BMI) was employed to test relationships. Results: Only PBC among 3 major constructs of TPB was significantly related to short-term (p < 0.001) and long-term (p = 0.002) intention of healthy eating after adjustment for age and BMI. Past experience of healthy eating was more significantly related to long-term intention (p < 0.001) compared to short-term (p = 0.020) intention of healthy eating. The short-term and long-term intention models explained 70.5% and 48.8% of the variance, respectively. Conclusion: PBC is a potential determinant of both short-term and long-term behavioral intention of healthy eating regardless of past experience of healthy eating in adults residing in Shanghai and parts of Anhui Province, China. Our results indicate that programs promoting healthy eating to Chinese adults incorporate PCB to perform healthy eating under his or her control.

PCA Ruling on SCS : Is it a Peaceful Solution or Cause of Military Tension? (남중국해 중재판결 : 군사적 분쟁 고조인가 국제법적 해결의 증진인가?)

  • Yang, Hee-Chuel
    • Strategy21
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    • s.40
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    • pp.144-161
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    • 2016
  • A unanimous Award has been issued on 12 July 2016 by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Republic of the Philippines against the People's Republic of China. The current security issues in the regional sea shall be carefully reflected to anticipate whether the Award could resolve the existing political conflict or rather will grow military tension in the region. The Award clearly directs the scope of delimiting maritime jurisdiction to coastal States in the Southern China sea, so it seems to help facilitating finding resolutions of regional disputes on maritime boundaries. On the other hand, there are several limitations in reality to implementation of the decisions included in the Award. USA could use the decisions to restrict military activities and exercise of unilateral maritime jurisdiction by China in the region, while China shall encounter guilt to illegitimacy of its activities as well as shaking the legal foundation of its policy in the region. Then the resolution of this dispute through application of international law would rather cause more political confusion. The intension of bringing the case to an international court were to resolve political difficulties. If, however, the political difficulties are not properly reflected in the legal decisions, such decision would possibly raise more political risks.