• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.47
• /
• pp.129-156
• /
• 2010

Since the 1970s, international construction employers have commonly requested first demand guarantees upon their contractors as a form of security for due performance of their works. Contractors prefer the greater protection offered by more traditional forms of security requiring presentation of an arbitral award or other evidence of the caller's entitlement to compensation. Many contractors nonetheless feel that they have no alternative but to provide these unconditional guarantees in order to compete. However, these unconditional first demand guarantees are controversial and have given rise to numerous disputes both in arbitration and litigation. Disputes arising from first demand guarantees can be broken down into a) applications to prevent a perceived fraudulent or otherwise unfair or improper calling of a guarantee, b) claims arising from such abusive calls and c) claims relating to the consequences of such calls even if the call itself may not be abusive as such. The contractors should carefully assess the risk of an abusive call being made bearing in mind the difficulties he may face in seeking to prevent such a call. He should also bear in mind the difficulties, delays and cost he is likely to encounter in seeking to recover any monies wrongfully called. One option would be to provide that the call can only be made once and to the extent that the employer's damages have been assessed or even incurred or even for the default to have been established by an arbitral tribunal or court. Another option would be to provide that any call be accompanied by a decision of a competent and impartial third party stating that the contractor is in breach. For example, such a requirement could be incorporated into a construction contract based on the FIDIC Conditions by submitting this decision to a Dispute Adjudication Board. Another option would be to provide for the "ICC Counter-Guarantee Scheme". In sum, there would appear to be room for compromise between the employer and the contractor in respect of first demand guarantees by conditioning the entitlement to call such guarantees to the determination of a competent and impartial third party.

• Journal of Arbitration Studies
• /
• v.14 no.1
• /
• pp.377-413
• /
• 2004

North Korea and South Korea agreed to refer their investment disputes to arbitration by adopting' Agreed Minutes on Procedures of Settlement of Commercial Disputes' on 16th December 2000. According to the Agreed Minutes, the two Koreas were to establish an arbitration commission within 6 months after the Agreed Minutes had been signed. In 2002, North Korea enacted laws to draw interest of foreign tourists to Mountain Kumgang and to boost investment into the region of Kaesung as it provided in those laws that commercial disputes should be settled by arbitration or judicial procedures. In October 2003, the two Koreas succeeded in adopting another Agreed Minutes as to the establishment and functioning of North-South Arbitration Commission. The fact that the two Koreas have agreed to establish an arbitration commission is meaningful since they are leading their lives quite differently in political, social, and economic sense for more than a half century. Although there still remain doubts as to the North Korean policy on nuclear matters, an arbitration commission could be a cornerstone for the set-up of the dispute settlement system between the two Koreas and a great help for investors from South Korea to pursue their possible legal claims as North Korea is eager to invite South Korean businessmen and other foreign investors to invest in its special economic areas. According to the Agreed Minutes of 2003, the two Koreas are going to adopt procedural rules for the arbitration commission. It will be a great challenge for them to agree on specific issues as to the operation of the arbitration commission. They have to set up a rester of arbitrators respectively and may have to enact or revise their own arbitration laws and rules reflecting the Agreed Minutes of 2000 and 2003. It is quite welcome that the two Koreas have agreed to set up an arbitration commission rather than resort to political or diplomatic means to settle their disputes. The success of the arbitration system between the two Koreas will make sure the safety of investment environment in the northen part of the Korean Peninsula and will bring the peace to the Korean peninsula earlier than expected.

• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.519-546
• /
• 2004

On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.41 no.2
• /
• pp.133-140
• /
• 2018

In this study, a correlation between execution of quality management activities and their results was verified by applying the Malcolm Baldrige model (hereafter referred to as the MB model) as a quality management performance measurement indicator for small and medium enterprises (SMEs) in South Korea. To achieve this goal, we need to determine whether the categorical requirements in the MB model are recognized consistently in SMEs, as a prerequisite. To this end, factor analysis was conducted for measurement variables in each category, which revealed that the process indicator was made up of six factors and the outcome indicator was made up of five factors, like those configured in the MB model. This result can be interpreted to mean that the requirements in each category of the MB model were well produced and recognized consistently throughout SMEs in South Korea. In addition, the analysis of causality between the process indicator (quality management activities) and the outcome indicator (management results) showed high causality between them. Although the quality management levels of SMEs in South Korea are inferior to those of conglomerates or other national quality award-winning companies, this study is significant in that the causality between quality management activities and results was verified, since this study targeted SMEs in South Korea as the target of investigation. Thus, it is empirically proven that the MB model can contribute to improved management results for SMEs in Korea.

• KIEAE Journal
• /
• v.3 no.3
• /
• pp.35-42
• /
• 2003

It is required impressive expression of urban night environment that makes city as the safe pleasant, convenient place for the economic activity, cultural pleasure and landmarks. This study aims to establish the proper direction to the outdoor lighting in Seoul by analyzing and comparing the lighting situation and policies among Seoul, Shanghai and Yokohama. 1986 Asian Game and 1988 Olympic Game became very important role of activation of outdoor lighting in Korea. Then, outdoor lighting were facilitated in the cultural heritages and bridges along Han river. Millenium Light Plan, Outdoor Lighting Field of Seoul Architectural Award, 2002 Lightscape Local Plan, hosting 2002 World Cup have been good opportunities for the improvement of outdoor lighting in Seoul. In China, outdoor lighting was introduced to the city of Shanghai according to the orders of the president in 1988. Outdoor lighting of Shanghai have created unique lighting with beautiful color and intensive brightness under the direction of city government. Outdoor lighting of Shanghai needs the standard of lighting design and improvement of lighting facilities. Outdoor lighting was introduced to Japan with 1964 Tokyo Olympic games. Urban outdoor lighting plan was carried out in Yokohama in 1986. In Yokohama, outdoor lighting of civilian and public facilities have been harmonized. And the city government of Yokohama established the committee of promotion of outdoor lighting in its government to support and manage the outdoor lighting with corporation of civilian organization. As the result of comparative analysis on Seoul, Shanghai, Yokohama, Seoul Metropolitan Government needs the criteria and incentive system of outdoor lighting.

• Journal of Digital Convergence
• /
• v.8 no.2
• /
• pp.217-228
• /
• 2010

There are two streams on e-Learning. The first one is to create new value through aligning products included information systems and service. The second one is to utilize the service system and the service process for service systematization. The service system is made up human, technology, value proposition, service network, and shared information. The service process consists of design, development, operation and evaluation phases. In this paper, we design and implement the evaluation management of e-learning service based on the service science. The evaluation management service is sets of evaluation type management, general review management, award management, evaluation sheet management and evaluation result management. Feature of this paper is that we can service with different criteria to learner, guardian and evaluator. The worthy of this paper is that we construct service oriented environment possible to systematize evaluation work easily and provide evaluation results clearly.

• Journal of architectural history
• /
• v.29 no.1
• /
• pp.65-76
• /
• 2020

This paper attempts to study on the substantial characters of the sangryang-muns written for the constructions of Sudara-jang and Beopbo-jeon at Haein-sa in the years of king Gwanghae and king Injo. On that basis, it also attempts to declare the first time that the Buddhist Order firstly used long sangryang-mun, and to presume the backgrounds of the constructions. The results are as follows: First, the queen, Mrs. Ryu and court ladies of king Gwanhae had participated as donators to the constructions. Therefore, it is supposed that the constructions had been promoted by the queen's Buddhistic beliefs as well as the commemoration of the 6th award of eulogistic posthumous title to king Gwanghae. Second, throughout the history of Korean Buddhism, long sangryang-mun was firstly used in the construction of Sudara-jang. Therefore, we can see the fact that long sangryang-mun was introduced to the Buddhist Order, as donation by royal families. But the long sangryang-mun couldn't be suitable for the traditional customs of Buddhism, the monks wrote additionally the Balwon-mun, so to speak, the pryer address. Third, the sangryang-mun of Beopbo-jeon was written in the mixed format of long sangryang-mun and traditional Balwon-mun. It is supposed that the Buddhist monks wanted to keep the traditional customs. Four, in the late period of J oseon dynasty, the same formats as the sangryang-muns of Sudara-jang and Beopbo-jeon have been widely used in the various Buddhist buildings. Consequently, it is supposed that these three sangryang-muns were the embryonic formats for the major types of the late Buddhist building sangryang-muns.

• Journal of Arbitration Studies
• /
• v.22 no.1
• /
• pp.89-110
• /
• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• Journal of Arbitration Studies
• /
• v.23 no.4
• /
• pp.55-76
• /
• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• Journal of the Korea Safety Management & Science
• /
• v.13 no.2
• /
• pp.259-266
• /
• 2011

Project owner, asbestos removal specialist, experts on asbestos removal work, as counter parts to be defined in the study to make out research goals have been asked with questionnaire survey and replied with 65, 275, 32 cases, respectively. And additionally, direct interview 73 sheets have been collected to find out current status of required engineers and equipments assigned and provided to the field, from them, three(3) concerned parties. Questionnaire subjects are composed of common items, reasonable unit cost, need of separate contract-awarding system, status of performing standard contract, status of providing legal engineers and equipments. Concentrated review of two~three questions by subject has been made to find out and compare idea results between three(3) concerned parties. First, legal and practical work status survey have been made to determine reasonability of introducing separate contract-awarding system, as a part of ensuring reasonable unit work cost. And then, two different status have been compared and there is introduction possibility of separate contract-awarding system, it is found out. The possibility of separate contract also has been confirmed by comparison of domestic legal grounds. Justificating grounds to introduce separate contract-awarding system have been shown. Standard contract status between asbestos removal specialists has been compared using two cases of providing removal work contract and receiving it. It is shown that case of 50 percent or less contains 38.5% when they receive contract, but only 10 percent reduction of original contract amount has been made when they provide it. It means that asbestos removal specialists do not keep occupational safety and health regulations.