• Journal of Arbitration Studies
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• v.15 no.1
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• pp.113-146
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• 2005

Bankruptcy proceedings serve the purpose of the collective satisfaction of the debtor's creditors through the realisation of the debtor's assets and the distribution of the proceeds therefrom. Upon the adjudication bankruptcy, the debtor's right to administer and dispose of the property belonging to the bankruptcy estate shall be vested in the administrator. If a mutual contract was not or not completely fulfilled by the debtor and the other party at the time of the adjudication of bankruptcy, the administrator has right to choose wether to fulfil or terminate the contractual relation. Legal acts that have been conducted prior to the adjudication of bankruptcy and that are detrimental to the debtor's creditors may be contested by the administrator. However, these effects of bankruptcy will have not great influence on the arbitration agreement between the debtor and another party. An arbitration agreement that has been conducted prior to the adjudication of bankruptcy is binding the administrator as an universal legal successor of debtor. Only the arbitration agreement directly disadvantageous to the debtor's creditors may be contested by the administrator. Furthermore, it is not at the discretion of administrator whether or not to submit the dispute to arbitration because an arbitration agreement does not belong under the category of Art. 50 Korean bankruptcy Act which demands a mutual contract. Arbitral proceeding upon the property of the bankruptcy estate and pending for the debtor as plaintiff or against the debtor as defendant at the date of the adjudication of bankruptcy may be taken up at the given status by the administrator. This leads to a change of the party. If a duly summoned party fails to appear in arbitration court, the arbitrator, if satisfied there is no valid excuse, may continue the proceedings and make the award as if all the parties were present. This may be disadvantagious to the debtor's creditors because the arbitral award have the same effects on the participants as the final and conclusive judgement of the court. Even if there is a change of party on side of debtor to the administrator in bankruptcy, the arbitral proceedings will not be automatically postponed or suspended. The matter of how to proceed is at discretion of administrator, when the parties haven't agree on the arbitral proceedings. He can continue the arbitral proceedings without to grant an adjournment of hearing. However, an arbitration award may be challenged by a party dissatisfied and set aside by the court based upon the misconduct that violates the basic rights of the parties to a fair hearing. The arbitrator must treat the parties equally in the arbitral proceedings and give each party a full opportunity to present his case. The arbitrator, therefore, will carefully exercise his discretion in determining whether to continue the arbitral proceedings or to grant a postponing. In the practice, the arbitral proceedings may be usually postponed to grant due process.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.17 no.5
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• pp.100-116
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• 2018

Recently, with the US protection trade trend, South Korea 's exports to the US have shrunk and the need to pioneer emerging markets in Eurasia has increased. Due to the bankruptcy of Hanjin Shipping, a large Korean national shipping company, the necessity of securing transportation that can replace the Asian - European shipping route has emerged. Moreover, as the international trade and logistics environment is rapidly changing due to the spread of electronic commerce, it is time to prepare for the environment where IT technology is applied to international logistics activities. Therefore, this study was carried out to establish information strategy of Eurasia logistics information sharing platform from Korean perspective through comparison of logistics information level of Eurasian countries. This study aims at standardization direction for supporting logistics activities between Eurasian countries, providing customs clearance and logistics services without interruption, providing information for expanding business of trade companies, and building information linkage infrastructure for expanding cooperation between logistics companies across countries. Through this study, it is expected that logistics activities through information sharing among countries will be actively carried out.

• The Korean Journal of Financial Management
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• v.24 no.2
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• pp.81-111
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• 2007

The agency relationship between managers and shareholders has the potential to influence decision-making in the firm which in turn potentially impacts on firm characteristics such as value and leverage. Using an agency framework, we examine the relation between ownership structure and capital structure during post-IMF period. We used the balanced panel data for 378 korean listed companies during the 1999-2005. The panel data sets consist of time-series observation on each of 378 cross-sectional units. The results indicate a non-linear U-shaped relation between the level of managerial share ownership and leverage with the relation reaching a minimum at 58.48 per cent of management share ownership. As managerial share ownership increase from a low level, managers have incentive to reduce the debt level for decreasing the financial risk, resulting in a lower lever of debt. However, when corporate managers hold a significant proportion of a firm's shares, managers have incentive to increase the debt level for leverage effects, resulting in a higher lever of debt.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.39-63
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• 2020

This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

• Environmental and Resource Economics Review
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• v.20 no.2
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• pp.167-198
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• 2011

The Korean government recently announced greenhouse gases (GHG) emissions reduction target as 30% of 2020 business as usual (BAU) emission projection. As carbon emissions trading is widely used to achieve reductions in the emissions of pollutants, this study deals with the sectoral allocation of initial carbon emission permits in Korea. This research tests the effectiveness of a variety of allocation rules based on the bankruptcy problem in cooperative game theory and hybrid input-output tables which combines environmental statistics with input-output tables. The impact of initial emission permits allocation on economic growth is also analyzed through green growth accounting. According to the analysis result, annual GDP growth rate of Korea is expected to be 4.03%, 4.23%, and 3.67% under Proportional, Constrained Equal Awards, and Constrained Equal Losses rules, respectively. These rates are approximately from 0.69% points to 0.13% points lower than the growth rate of 4.36% without compulsory $CO_2$ reduction. Thus, CEA rule is the most favorable in terms of GDP growth. This study confirms the importance of industry level study on the carbon reduction plan and initial carbon emission permits should reflect the characteristic of each industry.

• Journal of Christian Education in Korea
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• v.62
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• pp.101-133
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• 2020

This study is an attempt to grasp the fundamental characteristics and core structures of Bibliodrama, which has recently received a lot of attention in various fields including Christian education. Bibliodrama is a guided form of process-oriented staging of biblical texts in groups with the aim of mutually opening up the text and the biography of the participants in the implementation of holistic encounters (H. Aldebert). In the background of the birth of Bibliodrama can be found the hermeneutical efforts of the biblical scholar Walter Wink who sentenced the bankruptcy of historical criticism. He laid the biblical interpretative foundation for Bibliodrama which combines Bible and body. German theologian Gerhard Marcel Martin had a new experience of seeing the Bible through body activity during his life in New York, and based on that experience he began to work on the Bibliodrama. And the New Testament scholar Tim Schramm, who focused on the TCI (themecentered interaction) movement, found the optimal methodology to embody the interaction of biblical studies in Bibliodrama. On the other hand, Peter Pitzele, who wanted to realize the Bibliodrama in the tradition of Midrash, has developed a new type of Bibliodrama (Bibliolog) that is different from the European Bibliodrama. When we put together the positions of the pioneers of Bibliodrama, it turns out that it has three fundamental characteristics: body, interaction, and the empty space of the Bible. The body refers to the personality of learners participating in the Bibliodrama. They are not passive participants, but voluntary and active participants. Interaction is realized through the dramatic way of Bibliodrama. Bibliodrama aims for a dynamic process in which hermeneutical interaction occurs. The empty space of the Bible, which Bibliodrama pays attention to, allows us to understand why the Bible is not a fixed word but a living word that is still heard today. In order to understand the Bible as the content of education, Bibliodrama liberates the text that is fixed in a literal way and gives life by paying attention to the empty space of the Bible and reading it slowly.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.155-176
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• 2015

Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.111-120
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• 2010

The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

• International Commerce and Information Review
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• v.14 no.4
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• pp.317-337
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• 2012

This study has investigated shipping finance systems in Korea and China, and extracted negative factors based on it to propose a way to develop the shipping financial system in Korea for shipbuilding industry and marine transportation. From after the global financial crisis in 2008 to right before the Lehman Brothers Holdings bankruptcy, shipping finance has been dominated by the major industrialized countries in Europe. However, the weight point is moving to the countries in Asia region such as Korea, Japan, and China based on relatively strong banking system and low interests rate. This study focused on the alternatives the current situation that the starter of shipping finance among three countries in Northeast Asia, South Korea is facing China's challenges. In the paper, shipping finance in Korea presented its defectives such as the limits of ship financing, lack of professional workforces, ever-present foreign exchange risks, and lack of understandings of the parties. As the countermeasures of them, it proposed establishing professional institute for ship financing, training professionals in financial industry, raising foreign credentials of won, and continuing associations between the parties. Even though we are the first Asian country introduced ship funds, the ship funds growth in China shall be under our eyes while we keep systemic networks between shipping, ship building, and ship financing.

• Journal of Navigation and Port Research
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• v.44 no.3
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• pp.244-252
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• 2020

The 2008 global financial crisis was triggered by the Lehman Brothers crisis caused by the sub-prime mortgage crisis in the United States This crisis has had an impact on the globe's dry bulk shipping market by reducing dry bulk cargo volume. An oversupply of dry bulk carriers caused a serious recession in the globe's dry-bulk shipping industry and shipbuilding industry. In this situation, the Korean dry-bulk shipping companies were victims of the quagmire of a long recession since the global financial crisis and could not overcome this crisis. This condition forced them into severe financial risk Thus, it caused many shipping companies to file for bankruptcy. In this study, we classified Korean ocean-going dry-bulk shipping companies into two groups, that is, the solvent group and the insolvent group. We also separated the research period before and after the 2008 global financial crisis. Then we investigated the differences in the major financial ratios of the two groups by t-test and found that some financial ratios such as profitability ratios and growth ratios showed the difference between the two groups with statistical significance. The significance of this study is as follow. First, the shipping company management is also crucial for the systematic management of financial strength and business strategy, it is crucial to manage cargo which a high profitable freight. Second, the shipping company should be managed as a company with continued growth through efficient operation and management of ships.