• Journal of Korean Society for Quality Management
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• v.26 no.2
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• pp.82-92
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• 1998

This paper reviews major aspects of the Malcolm Baldrige National Quality Award and introduces some evidences that the Baldrige criteria can assess the quality of management to some extent. It is also discussed that how can we improve our national quality award program.

• Journal of Korean Society for Quality Management
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• v.35 no.3
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• pp.55-65
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• 2007

The purpose of this study is to analyze the causal relationship among categories in the Korean National Quality Award(KNQA) model. The survey instrument consists of 79 questions from seven categories in the KNQA. Structural Equation Modeling(SEM) is used to analyze the empirical data and estimates the path coefficients among the KNQA categories. The result of this research indicates that Leadership drives systems that create Results through Foundation and Direction. Among eighteen hypotheses, sixteen hypotheses are statistically significant. Especially, this research indicates that Foundation and Direction are important mediating factors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.381-406
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• 2010

The enforcement of international arbitration raises a variety of procedural and related issues in national and international arbitral laws. In addition to the problems it is not easy to understand the rights and enforcement of interim measures by arbitral tribunal. Many countries and international rules allow the arbitral tribunal to submit the interim measures applied by a dispute party. However, interim measures are not recognised and enforced by itself in international commercial arbitration. It has not been completed in the rules of arbitration nationally and internationally. This is the reason why the confirmation of international and national laws is important to effect interim measures practically. In the case of Korean arbitral laws do not include articles of enforcement of interim measures even permit rights of decision of interim measures by arbitral tribunal in the national arbitral laws improperly and unreliably. This paper discuses the deficits of enforcement of interim measures which is submitted the type of award by the arbitral tribunal. The paper also points out and refers the revised model law of arbitration by UNCITRAL in 2006 which was changed to allow the interim award and should be imposed its enforcement of any types of interim measures by the arbitral tribunal in international commercial arbitration.

• Journal of Arbitration Studies
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• v.33 no.1
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• pp.23-49
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• 2023

An ICSID award on Lone Star case has been rendered finally on August 31st, 2022 after almost ten years since the Lone Star Funds submitted the request for arbitration against the Republic of Korea in 2012. The Lone Star case is the first investor-state dispute settlement(ISDS) case brought against Korea, and this case, also known as "eat and run" case, has given rise to heated debates for years. Moreover, as the ICSID tribunal has ordered Korea to pay the Lone Star Funds the sum of USD 216.5 million plus interest in the award, this case has become once again the subject of controversy. Any arguments and evidence submitted by the parties in dispute have not been disclosed until recently, however, as the memorials and the award are now open to the public, it has become possible to realize the assertions of each party and the decisions of the tribunal in detail. Therefore, this paper aims at analyzing the main issues of the Lone Star case with a focus on the ICSID award. By examining the substantive and procedural issues of the case one after the other, it might be able to understand the whole picture of the case and prepare for the remaining procedures of this case and other upcoming cases as well.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.5
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• pp.91-100
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• 2011

This study aimed at the identity of the landscape architectural award, which is the highest authority award system in landscape architecture; the establishment of cooperation between the landscape architecture and urban public sector, which deals with infrastructure is significantly requested nowadays. The identity characteristic of a detailed concept which configures the sameness in the shape of inner self-cognition and individuality as external and correlative cognition are utilized as the research methodology, and the findings are summarized as follows. The Korean Landscape Architectural Award holds an internal value as the only award in landscape architecture that is granted municipalities and public agencies. However, when it is compared with several correlated award systems, the vulnerable sides such as short origin and partly limping in terms of sustainability, the possibilities of losing the interest in the public sector due to management's reform program and insufficient participants and responses regarding social authority have been found. In addition, according to the today's paradigm tha taims for green cities, the aspect that shares the large portion with the values set by detailed categories of city planning that enforces metropolis awards is also in the spotlight. Hence, the landscape architectural award should construct specialization and development strategies by strengthening the superiority compared with the city award in the field of city planning. In other words, the Ministry of Land, not limited to the systematic cooperation with various administrative areas will be strengthened and it will communicate with the aspect that reinforces characters as an academic and practical area that covers various districts and disciplines. Thus, the identity is directly connected to the landscape architectural award's competitive reinforcement as a detailed characteristic variously combined, and it requires huge interest and discussions regarding internal and external landscape architecture areas and the democratic public discussion process.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.43-68
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• 2020

The "arbitration" system resolves disputes through judgments on rights relations or claims between disputed parties by judging by private trial, but it does not have organizational and material bases to execute the contents of these judgments. Therefore, unless the parties succeed in voluntarily surrendering to the results of the arbitration award, the implementation of the award will be accomplished by the enforcement of the assistance of the National Court. However, unlike the court's ruling, the arbitration tribunal does not generate enforcement power from the judgment itself, and it must be filed with the court for execution. In this regard, Germany provides for arbitration proceedings in the Civil Procedure Act Volume 10. In particular, Article 1060 governs the approval and enforcement of domestic arbitral awards. Accordingly, the procedure for declaring the feasibility of domestic arbitration proceedings and the execution of forced execution are commenced. Regarding the enforceable declaration of a domestic arbitral award, it differs from the simpler process requirements compared to the procedure in a foreign arbitral award, and usually has the same effect as a final judgment between the parties without a separate approval procedure. However, the arbitration award does not constitute an enforceable power that can be implemented, but is enforced through the national court's declaration procedure. However, if there is a ground for cancellation as provided for in Article 1059 (2) of the German Civil Procedure Act, the arbitral award is canceled and the application for enforcement is dismissed.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.71-96
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• 2015

This paper deals with the annulment of the ICSID(International Centre for Settlement of Investment Disputes) arbitral award. The annulment of the ICSID is characterized by the fact that it can be made possible through the special committee of ICSID only. The annulment of the ICSID was constructed on the premise that it is not an appeal procedure. However in the initial period, it was strongly criticized as it allowed new trials or duplicated many of the functions of an appeal and it broke down the boundary between the two systems. Although the trend seemed to be corrected through its 2nd and 3rd generations, it was still criticized for functioning as a new trial. It is approaching its 4th generation. On the other hand, with the activation of investment agreement arbitration based on ICSID and FTA, a certain degree of consistency is required for the ICSID arbitralaward. Also, with the emphasis on the public features of the arbitration for the investment agreement, the necessity of an appeal system is presented. The ICSID Secretariat published the "Opinion on the Appeal Procedure" in 2004 but as the system was criticized as too early due to the cost allocation problem and others, its adoption of an appeal procedure has been delayed. This paper focuses on how the currently incomplete ICSID arbitration judgment annulment system shall be used. Although it is still hardto expect the quality and consistent arbitral award annulment in the ICSID, this paper suggests that the "annulment without the actual new trial" using the restricted authority of a special commission in a creative way shall be pursued rather than just the actual new trial with or without annulment, thus going back to the original concept of the ICSID arbitral award annulment.

• Journal of Korean Society of Water and Wastewater
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• v.23 no.4
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• pp.381-383
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• 2009

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.263-292
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• 2005

In China, as far as the enforcement of the award is concerned, a three-pronged regime exists : each for domestic, foreign-related and foreign awards. As opposed to domestic awards, foreign-related awards are defined as those involving 'foreign-element.' Among them, this article focuses on the enforcement regimes of foreign-related and foreign arbitral award, and strives to provide a practical outlook of the arbitral award enforcement regime in China. For that, this article consists of five chapters. In chapter I, the purpose and scope of this study are mentioned; In Chapter II, the types, the statutory framework, the related measures, the statistical assessment on enforcement of arbitral awards are addressed. Chapter III points out some issues on the enforcement regimes of foreign-related and foreign arbitral awards, with focus paid to the recognition of foreign-related arbitral awards, the substantive judicial review of foreign-related arbitral awards, and the refusal of enforcement with the social and public interest ground. Chapter VI introduces two non-enforcement cases of foreign-related and foreign arbitral awards. Lastly in chapter V, the author makes a proposal to improve the enforcement regime in China. Although China already obtained a certain level of achievement, she still need to be undertaken by the government and judicial authorities to offset the negative effects of some obstacles to hamper the enforcement such as protectionism so that she may create a more favorable arbitration environment.

• Journal of Korean Society for Quality Management
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• v.26 no.3
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• pp.100-107
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• 1998

To evaluate the total quality activities is the most fundamental and critical process as one of the PDCA cycle. The quality award criteria such as Malcolm Baldrige National Quality Award and Deming Award can be a, pp.ied to the guideline for evaluating quality activities. We can identify several important factors for TQM by referring quality award criteria, but they don't suggest how efficiently implement TQM. In this paper, two methodologies are a, pp.ied to evaluate the TQM activities comparatively. One of them is the traditional scoring system (TSS) by analytic hierarchy process (AHP). TSS is the system which evaluates the performance of TQM by the weighted sum of critical success factors. Several quality award system are typical examples of TSS. The other is the efficiency measuring system (EMS) by data envelop analysis (DEA). DEA outperformed other alternative methods to measure the efficiency and it can be a, pp.ied to evaluate the TQM activities. The evaluation system by DEA can be named as EMS. The objective of this paper is to suggest a model called TAE (Total quality management Activities Evaluation), for evaluating TQM activities. In this model TQM organizations are classified into four types by considering TSS and EMS. Those types are high weighted sum and high efficiency type, high weighted sum and low efficiency type, low weighted sum and high efficiency type, and low weighted sum and low efficiency type. Therefore TQM organizations must not only make efforts to get the higher scores in terms of TSS, but also take necessary steps to enhance their efficiencies.