• International Journal of Highway Engineering
• /
• v.9 no.2 s.32
• /
• pp.115-127
• /
• 2007

Developed countries, especially in road construction and management fields, introduce new road porjects such as National Scenic Byways Program(NSBP program) in USA and the Eco-road project in Japan. This study develops a conceptual model for deploying new road projects in Korea. The four step approach is suggested to create new road projects, including foundation of an act based on the existing Road Act, creation of new road project ideas, development of evaluation process and guidelines, and enhancement of an administrative scheme. To create new road projects, three different ways are devised; (1) designation of national roads having uniqueness in overall spectrum, (2) designation of roads having intrinsic values in a different aspect, (3) designation of single structures of engineering outcomes such as bridges, tunnels, new design techniques, considerable Value Engineering output, and well analyzed Life Cycle Cost Analysis practices. For the evaluation process, NSBP program of USA and/or Sustainable City Award program of Korea would be recommended. An administrative scheme and integrated funding process for the new road projects are also suggested based on evaluation of tasks of each team or division of Korea Ministry of Construction and Transportation.

• Journal of the military operations research society of Korea
• /
• v.37 no.1
• /
• pp.49-70
• /
• 2011

This paper re-evaluated the research on the accounting information's effectiveness in military construction contracts, questioning the former research results on the central army's construction contract that was under the Qualification Assessment System, especially concerning the relations between the accounting information and the bidding ratios as well as the relations between the bidding rates and the defect rates, which targeted between 1 to 10 billions civil engineering, construction, electricity, telecommunication, and environment work types. Unlike the previous results, the relationship between the accounting information and the bidding rates was shown to be considerably limited that the bidding ratio could not be identified through the accounting information, while it could discern the relations with the defect rates. Furthermore, the proven results did not support the hypothesis that the differences in bidding rates could affect the defect ratio. However, through the prediction model of bidding and defect ratios, we could identity the accounting variables that influenced the ratios. Additionally through the results regarding the non-financial indexes in the Pre-Qualification items, the weight on these indexes could be adjusted. In conclusion, the research results has given us new understanding of the problems in the Qualification Assessment System which accounts for the majority of the current military construction contracts and provide validity on the government's expanded implementation of the Lowest Price Award System.

• Journal of Korea Port Economic Association
• /
• v.26 no.3
• /
• pp.92-113
• /
• 2010

The purpose of this study aims to analyse the implied terms of safe berth under Voyage charterparty with the Rebon case. Where the safety of the berth is warranted, but not the safety of the port, then the charterer's obligation is to nominate a berth which can be approached safely from within the port and which was itself, save insofar as affected by hazards or risks which affect the port as a whole or all of the berths within it. This case is an appeal from an order made by the judge dismissing an appeal from a final declaratory award on preliminary issues made by arbitrators. The judge expressed the question for decision somewhat differently as follows: if a specific load port is named in a voyage charterparty and there are several possible berths within that port to which a vessel could be directed to load by the charterers and there is no express warranty in the charterparty of the safety of either the port or the berth to which the vessel is to be directed by the charterers, is the charterparty subject to an implied term that the charterers must nominate a safe berth at that load port?

• Journal of Arbitration Studies
• /
• v.24 no.1
• /
• pp.3-24
• /
• 2014

The Arbitration Act of Korea entered into force on December 31, 1999. It was modeled after the UNCITRAL Model Arbitration Law to meet the goal of the internationalization of the arbitration system of South Korea mainly in terms of the System (Alternative Dispute Resolution) Act. In general, a hearing of arbitration is made up of an arbitrator, claimant, and respondent. This is accomplished in a single core. The advantages of arbitration are low cost and confidentiality. In addition, there is the participation of experts and rapidity with a single core agent. However, under the current Arbitration Act, there is no provision expressly relating to the qualifications of arbitrators. This should be accomplished by the arbitration act enforcement ordinance. Following specific details of the 'party' in conjunction with all the provisions of the Arbitration Act, Article 1 should be revised in a timely manner so that "conflict of private law" covers cases in which a dispute between the parties is desirable. In addition, in Article 3 the phrasing of "also dispute 'judicial'" should be revised to over disputes between parties. Furthermore, the provisions of Article 40 are described in the Supplement and so it is preferable to address Supplementary Delete. In addition, this study will analyze ADR in Japan and present a plan to establish a law to resolve disputes outside of court in that country. Therefore, the objective of this study is to assist in the study of legislating fundamental law for alternative dispute resolution. In spite of this, there are many in business and academia who would like to modify the arbitration system in South Korea to improve its function. There is much interest in accomplishing this,so proposals for legislation should continue to be made.In order to accomplish this, the arbitration systems of developed countries such as the United States can be used as a model. It can be seen that despite the idea that the parties involved engage in arbitration autonomously, many elements of the process from the selection of the arbitrator of the arbitral tribunal are specified in legislation and thus it is necessary to develop legislation that will allow arbitration to perform its intended function. Any given arbitral tribunal can be specialized, typically in a case an arbitrator who is an expert in the field is selected. This helps to avoid complaints concerning the results of the arbitration. In the case of international arbitration, however, this provision is often not employed and instead it is necessary to provide a Schedule and Supplement concerning international arbitration. Finally, the promotion of the enactment of the Arbitration Law Enforcement Ordinance must be a top priority in order to ensure proper implementation of the arbitration law.

• Journal of Arbitration Studies
• /
• v.18 no.2
• /
• pp.79-102
• /
• 2008

When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.

• The Journal of the Korean dental association
• /
• v.49 no.11
• /
• pp.688-703
• /
• 2011

Park Myoung Jin (1903-1957) was a respectable leader who disseminated dental medical education to make our path as the leading dental medical education developing a new global history of dental medicine. Dr. Park was born in Seoul on 3 July 1903. He graduated Kyongseong dental medical school and studied at the pharmacology department achieving his M.D. In 1938, as the president representing the Hanseong dentists association equivalent to the Japanese dentists association, Dr. Park participated in various events. After liberation, Dr. Park tried his best to achieve Korean dental medical education as the pursuit of ideal ego with self-centered ego. He reorganized the Kyongseong dental medical school and incorporated it to the Seoul National University dental college. Even during the Korea war, Dr. Park still sincerely carried out his duties as the director of the Seoul National University dental medical college by recruiting university entrants and turned out graduates. In 1954, Dr. Park as the director of the Seoul National University dental medical college, he frontiered an opportunity to adapt the American dental medicine by sending school staffs to study overseas. On 25 June 1954, Dr. Park received 25 years of meritorius service award presented by Seoul National University Dental Medical College. Further, on 6 Aril 1954, Dr. Park became a member of an academic research committee. In April 1946, Dr. Park was elected as the president of the Chosun Dentists Association(Korean Dental Association). On 19 May 1947, Dr. Park was also appointed as the director of the Korea dental medicine association leading the general meetings and academic conferences from 2nd through the 8th sessions. On 30 November 1954, as the president of the Korea dental medicine association, Dr. Park also published the Korea dental association publications. In 1957, Dr. Park donated the school housing for the principle of the Kyongseong dental medical school establishing the basis for the Korea dentists association center. Dr. Park also participated in establishment of the oral hygiene campaigne, dental administration policy, organization of the specialized subject delegation board members and the dental materials association. On 10 December 1955, we can recognize Dr. Park's respective historical consciousness through his declaration 'history is a true record of historical traces of a national'. Dr. Park was a living witness of the Korean dental industry. Especially, he stated that the origin of the Korean dentists association was in the Hanseong dentists association. Dr. Park overcame the pressure and indignity during the Japanese colonization. The joy of liberation did not last long since he also had to experience the fraticidal tragedy of the Korea war. Dr. Park was a professional dental specialist and a leader researching dental medicine. He was a great leader who understood the dental medicine and dedicated for the dentist association and dental medicine association with compassion for the nation and national as a Korean.

• The Journal of Society for e-Business Studies
• /
• v.25 no.1
• /
• pp.65-82
• /
• 2020

Start-ups often use crowdfunding platforms such as Wadiz to get financing from corporate investors and general public. These platforms include functions to increase participant activity through the number of comments, interest and online word-of-mouth. This study aims to elucidate how these functions related to a participant activity exhibit mediating effects on a success of crowdfunding and an achievement rate of targeted investment amount. To this end, the individual variables such as progress period, target amount, venture company, experience of attracting investment, possession of intellectual property rights, a career of the representative and an award experience of the representative were classified into the project characteristics, the company characteristics and the representative characteristics through not only previous studies but also interviews with investment professionals and platform operators. Afterwards, this study went through an empirical verification process using a structural equation model that has both crowdfunding performance and participant activity, which is the independent and mediating factors of three perspectives, as well as the dependent variables. In other words, this study analyzes how the characteristics of three perspectives affect the participant activity and how the participant activity had the mediating effects on the crowdfunding performance. In addition, it derives how the analysis results mentioned above vary according to business types (internet services, culture/art, manufacturing/distribution) and investment styles (stock type and bond type). It is expected that this study will help not only in deriving the factors affecting the performance of an investment type crowdfunding but also in preparing the measures to increase a participant activity.

• Journal of Arbitration Studies
• /
• v.21 no.2
• /
• pp.85-112
• /
• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

• Journal of Arbitration Studies
• /
• v.24 no.2
• /
• pp.109-136
• /
• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.

• Journal of the Korean Data and Information Science Society
• /
• v.24 no.6
• /
• pp.1369-1384
• /
• 2013

In this study, we investigate various factors affecting five kinds of life planners' satisfaction after turnover which are general, human relations within organization, sales environment support, economic, life planner management system. Also we suggest theoretical and practical implication to them. The results of survey of life planners are as follows. First, in the general life planners' satisfaction after turnover, insurance company belonged to, recognition on own sales ability, life planners' satisfaction level, financial and insurance related award, education level, marital status, size of branch, and surrounding recognition about life planner are influential factors on it. Second, factors which affect the life planners' human relations satisfaction within organization after turnover are size of branch, surrounding recognition about life planner, and insurance company belonged to. Third, factors which affect the life planners' sales environment support satisfaction after turnover are surrounding recognition on life planner, insurance company belonged to, certificates relating to finance or insurance, size of branch, Fourth, in the solicitors' economic satisfaction after turnover, mainly demographic factors such as education level, marital status, age are crucial to it and also life planners' satisfaction level is influential factor. Last, in the solicitors' management system satisfaction, only experienced turnover type is a influential factor.