• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.3-25
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• 2011

국제상사중재를 다루는 중재판정부의 중재인은 당사자들 간의 유효한 합의를 통하여 구속력 있는 중재판정을 행사할 권한을 가진다. 중재계약에 다른 정함이 없는 한 중재인의 판정권에 대한 결정은 중재인 자신이 내린다. 중재인은 중재합의에 의하여 그 권한이 부여된 사건에 대해서만 권한을 갖게 되나, 명시적으로 그 권한에 따라야 하는 사건 외에 당해 사건을 해결하기 위하여 처리하지 않으면 안 될 모든 문제, 즉 당해 사건과 절단될 수 없는 형태로 연계되어 있는 문제 또는 그 부차적인 조건의 문제를 해결하여야 하는 책임을 지게 된다. 중재판정부는 그 자율적인 권한범위를 규율하는 권한을 가지며, 그 권한 속에는 중재합의의 존부 또는 효력에 관한 것도 포함된다. 중재인의 판정권에 이의가 있는 당사자는 법원에 중재계약의 부존재 무효 확인을 청구할 수 있고, 중재판정이 이미 내려진 경우에는 중재판정취소의 소를 제기하거나, 집행판결에서 이의를 제기할 수 있다. 우리 중재법의 입장에서 국제중재판정의 판정기준에 대해 는 중재판정부는 당사자들이 지정한 법에 따라 중재판정을 내려야 하며, 특정 국가의 법 또는 법체계가 지정된 경우에 달리 명시되지 아니하는 한 그 국가의 국제사법이 아닌 분쟁의 실체법을 지정한 것으로 보고 있다. 국제중재의 법적 안정성, 예측가능성의 관점에서 실정법을 그 판단의 규준으로 삼는다. 한국의 국제중재의 특성은 국제성 중립성, 보편성을 보장받는 점이다. 중재인 구성원은 세계 각국의 국적을 가진 전문 중재인들이 참가하고 있다. 중재절차에 있어서도 중재인은 실체법이나 절차법, 또는 법률의 상충에 관계없이 어느 특정법률을 적용하도록 강요받지 않고 각각의 경우에 가장 적합한 법률에 따르며 중재판정부의 진행절차는 국제중재규칙에 의해 규율된다.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.43-70
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• 2007

The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.71-100
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• 2007

To promote the way of resolving the increasing disputes regarding international intellectual property by arbitration, we should overcome uncertainty thwarting the dispute resolution; i.e., whether a dispute regarding intellectual property would be an arbitrable subject, whether the arbitration agreement would be valid and enforceable, and whether the arbitral award could be recognized and enforced in a foreign country. This article is intended to seek how to promote and facilitate the resolution of international disputes regarding intellectual property by arbitration. This article in Chapter II will examine the characteristics of the IP disputes first. Chapter III of this article will study arbitrability of IP disputes. Then, Chapter IV will discuss the requirements, validity, and effectiveness of arbitration agreement of international IP disputes. The author will discuss the procedure of arbitration of the international IP disputes in Chapter V, and finally the recognition and enforcement of foreign arbitral awards thereon in Chapter VI. Due to the so called 'territoriality principle' in intellectual property, the international disputes thereof confront numerous procedural setback, e.g., jurisdiction, conflict of laws, the recognition and enforcement of foreign judgments or awards. To overcome such setbacks, I propose resolution of international IP disputes by one-step arbitration procedure through widely recognizing the arbitrability of IP disputes, and utilizing unnational nature of arbitration. In addition, I propose to set up the principles as to arbitration of the international IP disputes as the American Law Institute has formulated the principles for International Intellectual Property Litigations. By setting up these principles, I am certain it will be helpful to just and prompt resolution of international IP disputes which occur more frequently these days.

• The Journal of the Korea Contents Association
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• v.11 no.10
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• pp.165-175
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• 2011

This study aims to analyze and compare the difference of preference to realistic and fantastic expressions presented in the illustrations of children's picture books. The subject of this study is set for 52 seven-year-old kindergarten students, including 26 boys and 26 girls, in Cheonan. Two times of researches on their preferences were made on the basis of data collection through individual interviews and self-regulatory questionnaires. A children's picture book, which best demonstrates both realistic and fantastic expressions, was selected as a research tool for such questionnaire from the ones produced and printed within Korea, which either are listed in the Recommended Book List of Children's Book Research Association or received any international award. The result shows that both boys and girls prefer fantastic expressions to realistic ones. It was also found that girls tend to prefer realistic expressions that the boys do. Nevertheless, there definitely was a limitation in thorough analysis by region or age, as they tended to show different responses when they were provided with a picture book with similar theme and story, but different form of expression.

• The Journal of the Korea Contents Association
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• v.13 no.2
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• pp.100-107
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• 2013

Agn$\grave{e}$s Varda is a French representative female film director. In particular, the method combining subjectivity and objectivity is the most outstanding characteristics. However, it can be said that the method to support this is not only theme of the film but also creation of structure including the exploration for the filmic form different from classical film form. Such an approach accords with No$\ddot{e}$l Burch's refined analysis of filmic form. Therefore, This study aims to aesthetical analysis of the form of producing the structure in modern movies through which is one of the representative work by Agn$\grave{e}$sVarda and won the Golden Lion award in 1985 Venice Film Festival. The theme of the film, the recovery of relationships among people and contacts through the tragic death of drifting life, created a new filmic structure by formative experiment of the film. The formative experiment is the fragmented and repetitive construction with the introductory voice-over, and consists of movement and editing of camera and specific use of flashback and sound through the representation of figures and situations, mixture of narrative and non-narrative style.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.149-170
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• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• Journal of Korean Society for Quality Management
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• v.45 no.4
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• pp.629-648
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• 2017

Purpose: The world faces a great turning point fundamentally rebuilding the future, and human lives, by embracing the 4th industrial revolution era. This paper aims to seek new and various business models in the 4th industrial revolution era, and to examine the evolution of quality management in the changing of the industrial ecosystem. Methods: This paper examines the various strategies of approaching the 4th industrial revolution in Germany, the USA, Japan, China, and Korea. This paper also draws detailed items by classifying the six major items of Malcolm Baldridge into large, medium, and small scale classifications, researches items from the technical perspective by applied fields, and the four major factor perspectives of quality management, as well as analyzes the relevant items in a multidimensional method. After a questionnaire survey targeting 200 quality experts was conducted, the important quality management factors were selected by applying the Analytic Hierarchy Process (AHP) method. Results: The importance of the general criteria was analyzed in the order of customers, MAKM (measurement, analysis, and knowledge management), workforce, strategy, operations, and leadership. As for the importance analysis results of the secondary subcriteria, the following items are highly analyzed: senior leadership, searching business model's innovation opportunity, customer satisfaction improvement, big data utilization, systematic management of workforce, and, planning and design quality. Conclusion: In the era of the Internet of everything, when complexity increases, this study presented a quality management direction suitable for new business methods challenging existing orders by drawing on quality management priorities.

• Health Policy and Management
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• v.11 no.4
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• pp.54-69
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• 2001

This study was conducted to assess factors associated with the degree of performance of qualify improvement(QI) activities. A mailed questionnaire survey was conducted between September 15 and October 30, 2000, with the staffs being charge of QI at each of the hospitals with 400 beds or greater. Of the 108 hospitals eligible for inclusion in our study, 79 participated, yielding a response rate of 73.1%. After excluding 12 hospitals that did not perform any QI activities, 117 responses from 67 hospitals were used for the analysis. Using the Malcolm Baldrige National Quality Award Criteria(MBNQAC), perceived performance of QI was measured in terms of the improvement of the quality of clinical practice, clinical supporting department, administrative procedure of receiving care, customer satisfaction, efficiency and standardization of work process. Factors evaluated for the association were the extent of QI implementation, compliance to 5 QI principles, participation of hospital CEOs, budget allocation, history of QI, and bed size. Path analysis was performed to assess the relationship between QI performance and these factors. Major findings of this study are as follows. Hospitals showing higher degree of QI implementation (path coefficient=0.5967, p<0.001)) and better compliance with the basic principes of QI(0.5736, p<0.05) tended to achieve better performance. Path analysis results showed that interest and participation of hospital CEOs(0.1954, p<0.05) and compliance with the basic principes of QI(0.4028, p<0.0001) indirectly affected the outcomes of QI by influencing the intermediate variable of the level of QI implementation. This study results suggest that having employees have a good orientation of the basic concept and principes of QI through relevant training be the most important requirement to achieve better outcomes from QI activities. In addition, to educate leaders of hospitals the need of active implementation of QI is important to encourage their participation and draw strong support for QI programs.

• Journal of Radiation Protection and Research
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• v.29 no.4
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• pp.221-230
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• 2004

The probability of causation(PC) is the measure to ascertain the likelihood that a particular cancer may be attributed to a particular prior exposure to radiation. Since the PC is involved in several uncertainties, it is desirable to use the confidence limit for the PC, not a point estimate for determining whether to award compensation. We developed the program for estimating the PC to Korean radiation workers with cancer, the so-called RHRI-PEPC, which is based on the most reasonable model for radiation cancer risk and recent Korean baseline data. RHRI-PEPC gives us the upper confidence limit for the PC after adjusting several uncertainties and therefore we can assess more reasonably the causality of radiation exposure for cancer occurred in Korean radiation workers.