• Journal of Arbitration Studies
• /
• v.12 no.2
• /
• pp.93-114
• /
• 2003

The Federal Arbitration Act and the States Arbitration acts of the United States approve that the an arbitration clause should be construed broadly and the Courts interpreted it broadly without being curbed by the written meaning of clause itself. The Courts also divided the interpretation of arbitration clause from the interpretation of other clauses of contract to approve the validity of arbitration clause and further expanded the scope of arbitration. However, the Arbitration Act of Korea does not specify a general principle about how an arbitration clause should be interpreted. The Supreme Court did not have a case yet but the lower courts kept their posture that an arbitration clause should be clear by resulting narrow interpretation and should be written to the extent that it excludes the power of courts from jurisdiction. As a result, there would be cases that arbitration is not permitted although an arbitration clause exists. The parties intending arbitration are frustrated about how to draft an arbitration clause into their agreement. There were the cases that the parties which took the prevailing position attempted to delay dispute resolutions by dragging disputes into litigation even if they agreed to resolve through arbitration, on the basis that an arbitration clause was incomplete. Although the arbitration statutes of the United States cannot apply in Korea, the way of their approaches to the interpretation of arbitration clause can be taken into consideration in view of the globalization of arbitration.

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

• Ocean and Polar Research
• /
• v.26 no.4
• /
• pp.669-678
• /
• 2004

Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

• Journal of Korean Clinical Nursing Research
• /
• v.21 no.2
• /
• pp.207-214
• /
• 2015

Purpose: This study was aimed to investigate the effect of an education program on inter-rater agreement of Neonatal/Infant Braden Q Scale for clinical nurses working at a neonatal intensive care unit (NICU). Methods: This was single-arm pre and post experimental study. The participants were 12 nurses and 128 hospitalized neonates at a NICU from December, 2012 to March, 2013. Twelve nurses were divided into four different groups; for two groups were assigned nurses with 3 to 5 years of clinical experiences, and for the others with less than 1 year of clinical experience. The interventions were given by one wound ostomy specialist and two NICU nurses with over 5 years of clinical experiences for 1 hour twice. The inter-rater agreement was measured by intraclass-correlation coefficient. Results: Overall inter-rater agreement was improved from .87(95% CI: .80~.92) at the pre-test to .94(.91~.96) at post-test. Each inter-rater agreement except moisture and nutrition was also improved. Conclusion: The developed education program on scoring for Neonatal/Infant Braden Q scale was effective to improve the inter-rater agreement among clinical nurses. We suggest to privide an education for NICU nurse before using the Neonatal/Infant Braden Q scale in clinical settings.

• Journal of Arbitration Studies
• /
• v.29 no.1
• /
• pp.3-29
• /
• 2019

A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

• Journal of Families and Better Life
• /
• v.26 no.1
• /
• pp.85-93
• /
• 2008

The purpose of this study is to investigate the Korean's value of children and perception of parenting difficulty through the agreement to the three kinds of Korean proverbs: difficulty of parenting, preference of son and value of daughter. Also, this study attempted to identify whether the value of children and the perceived difficulty of parenting measured by the agreement of the proverb is related to the number of children they thought as ideal before marriage and the number of children they actually have. Total 385 married men and women who have a job participated in the survey. Main result is as follows. 1) In most cases, the ideal number of children was at least equal or more than the actual number of children. 2) The subjects showed higher degree of agreement to the proverbs regarding the difficulty of parenting than the preference of son or the value of daughter. 3) The degree of agreement to each kind of proverbs were different in terms of some demographic variables such as age and sex. 4) When the age effect controlled, the ideal number of son had correlation with the agreement to the son-preference proverbs while the ideal number of daughter or total children had no correlation with agreement to any kinds of proverb. The actual number of son was positively correlated with agreement to the son-preference proverbs while actual number of daughter was negatively correlated with it. In conclusion, this study suggests the Korean's value of children has been rapidly changing and it has, in part, an effect on the number of children they want to have or they actually have.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.15 no.4
• /
• pp.11-27
• /
• 2005

To date, most identity-based key agreement protocols are based on a single PKG (Private Key Generator) environment. In 2002, Chen and Kudla proposed an identity-based key agreement protocol for a multiple PKG environment, where each PKG shares identical system parameters but possesses distinct master key. However, it is more realistic to assume that each PKG uses different system parameters including the PKG's master key. In this paper, we propose a new two party key agreement protocol between users belonging to different PKGs that do not share system parameters. We also extend this protocol to two types of tripartite key agreement protocols. We show that our two party protocol requires minimal amount of pairing computation for a multiple PKG environment and our tripartite protocol is more efficient than existing protocols. We also show that the proposed key agreement protocols satisfy every security requirements of key agreement protocol.

• The KIPS Transactions:PartC
• /
• v.12C no.7 s.103
• /
• pp.949-958
• /
• 2005

In the paper we study key agreement schemes when a party needs to establish a session key with each of several parties, thus having multiple session keys. This situation can be represented by a graph, tailed a key graph, where a vertex represents a party and an edge represents a relation between two parties sharing a session key. graphs to establish all session keys corresponding to all edges in a key graph simultaneously in a single session. A key agreement protocol of a key graph is a natural extension of a two-party key agreement protocol. We propose a new key exchange model for key graphs which is an extension of a two-party key exchange model. using the so-called randomness re-use technique which re-uses random values to make session keys for different sessions, we suggest two efficient key agreement protocols for key graphs based on the decisional Diffie-Hellman assumption, and prove their securities in the key exchange model of key graphs. Our first scheme requires only a single round and provides key independence. Our second scheme requires two rounds and provides forward secrecy. Both are proven secure In the standard model. The suggested protocols are the first pairwise key agreement protocols and more efficient than a simple scheme which uses a two-party key exchange for each necessary key. Suppose that a user makes a session key with n other users, respectively. The simple scheme's computational cost and the length of the transmitted messages are increased by a factor of n. The suggested protocols's computational cost also depends on n, but the length of the transmitted messages are constant.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.5
• /
• pp.773-779
• /
• 2022

Deep-sea fisheries in Korea play an essential role in supplying popular seafood and providing food security. Countries, as well as the IMO (International Maritime Organization), have attempted to establish an internationally harmonized safety standard for fishing vessels. However, starting with the adoption of 'The Torremolinos International Convention for the Safety of Fishing Vessel 1977', the '2012 Cape Town Agreement' was adopted, but the requirements for enforcement were not met. However, with the 2019 Torremolinos Declaration, the effect of the agreement became visible. Korea is also about to ratify the agreement, and deep-sea fishing vessels are subject to the agreement. The length of the hull or the gross tonnage can be selected as the criteria for applying the 2012 Cape Town Agreement, and this is also partially applied to the existing vessels. Analyzing 188 deep-sea fishing vessels registered as members of the Korea Overseas Fisheries Association to confirm the effect on the existing vessels showed that the application of gross tonnage had little impact on the ratification of the agreement. In addition, laws must be revised for the compulsorization of GMDSS facilities such as two-way VHF and radar transponders and for the safety familiarization of fishermen. In the industry, the facilities required by the agreement must be provided, and the fishermen must be familiarized with safety.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.58
• /
• pp.99-124
• /
• 2013

International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.