• Journal of Arbitration Studies
• /
• v.14 no.2
• /
• pp.173-198
• /
• 2004

Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

• East Asian Economic Review
• /
• v.20 no.1
• /
• pp.67-90
• /
• 2016

This paper provides an assessment of the potential economic impacts of the Vietnam-Korea free trade agreement on Vietnam, by using general equilibrium modeling. The results show that Vietnam-Korea FTA will increase aggregate welfare for both countries in the long run. The most important gains accrue from better allocation of resources consequent to trade liberalization. All the sectoral differences and changes are consistent with the trade profiles of the two countries, and the long-run results are more pronounced than those of the short-run. In comparison with other ASEAN countries, the CGE analysis suggests that Vietnam's agriculture exports to Korea would especially rise in the long run. However, there will be strong competition in this sector among ASEAN members. Thus, an earlier conclusion of a comprehensive FTA with Korea is expected to be a good strategy for Vietnam, so as to avoid the direct competition with ASEAN members in the future.

• Journal of Mechanical Science and Technology
• /
• v.14 no.3
• /
• pp.261-271
• /
• 2000

In this paper the leakage prediction and rotordynamic analysis of an annular seal with a smooth rotor and circumferentially grooved stator are performed based on a three-controlvolume theory. The present analysis is validated by comparing with the experimental data of Iwatsubo and Sheng and theoretical results suggested by Marquette and Childs. For the leakage prediction the present analysis shows a good agreement with Marquette and Childs' result and a qualitation agreement with Iwatsubo and Shengs' experimental data. Direct and cross-coupled stiffness coefficients show closer agreement with the experimental values than those of Marquette and Childs. However, direct damping coefficient shows greater discrepancy from the experimental value than Marquette and Childs'.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.5 no.2
• /
• pp.125-139
• /
• 1999

Thanks to the fact that the 1953 Korea Armistice Agreement does not have any clear provisions on the sea demarcation line, the North Korea insists that the sea demarcation line in the Yellow Sea Area should not be the NLL designated by the Commander in Chief. UN Command, unilaterally, but the hypothetical extention of the Latitude Parallel from the end of the provincial boundary line between Whanghae-do and Kyongki-do In those unique situations at the end of the Korean War, the cease-fire line on the part of the western sea area, a logically indispensable element of the contents of an armistice agreement, however has formed and crystallized by the act of the UN Command designating the NLL. In implementing the South-North Korean Basic Relations Agreement, a fair and clear common consent on the sea demarcation line in the western sea area should be deliberated.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• v.3 no.2
• /
• pp.178-194
• /
• 2009

Current group key agreement protocols(often tree-based) involve unnecessary delays because members with low-performance computer systems can join group key computation. These delays are caused by the computations needed to balance a key tree after membership changes. An alternate approach to group key generation that reduces delays is the dynamic prioritizing mechanism of filtering low performance members in group key generation. This paper presents an efficient tree-based group key agreement protocol and the results of its performance evaluation. The proposed approach to filtering of low performance members in group key generation is scalable and it requires less computational overhead than conventional tree-based protocols.

• Journal of the Korea Society of Computer and Information
• /
• v.23 no.2
• /
• pp.53-61
• /
• 2018

In this paper, the author proposes an efficient group key agreement scheme in a mobile environment where group members frequently join and leave. This protocol consists of basic protocols and general ones and is expected to be suitable for communications between a mobile device with limited computing capability and a key distributing center (or base station) with sufficient computing capability. Compared with other schemes, the performance of the proposed protocol is a bit more efficient in the aspects of the overall cost for both communication and computation where the computational efficiency of the scheme is achieved by using exclusive or operations and a one-way hash function. Also, in the aspect of security, it guarantees both forward and backward secrecy based on the computational Diffie-Hellman (CDH) assumption so that secure group communication can be made possible. Furthermore, the author proves its security against a passive adversary in the random oracle model.

• Wind and Structures
• /
• v.18 no.4
• /
• pp.457-471
• /
• 2014

A summary of the main results from an international comparative study for the high-frequency base balance is given. Two buildings were specified - a 'basic' and an 'advanced' building. The latter had more complex dynamic response with coupled modes of vibration. The predicted base moments generally showed good agreement amongst the participating groups, but less good agreement was found for the roof accelerations which are dominated by the resonant response, and subject to measurement errors for the generalized force spectra, to varying mode shape correction techniques, and different methods used for combining acceleration components.

• Journal of Arbitration Studies
• /
• v.12 no.2
• /
• pp.303-336
• /
• 2003

Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

• Journal of Arbitration Studies
• /
• v.21 no.1
• /
• pp.33-56
• /
• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

• Journal of Arbitration Studies
• /
• v.29 no.1
• /
• pp.31-52
• /
• 2019

As international transactions have grown more numerous, situations of disputes related to the transactions are getting more complicated and more diverse. Cost-effective remedies to settle the disputes through traditional methods such as adjudications of a court will be insufficient. There fore, nations are attempting to more efficiently solve investor-state disputes through arbitration under organizations such as the ICSID Convention, the ICSID Additionary Facility Rules, and the UNCITRAL Arbitration Rules by including the provisions on investor-state dispute settlement at the conclusion of an investment agreement. In case of an arbitration under the ICSID Convention, ICSID directly exercises the supervisorial function on arbitral proceedings, and there is no room for the intervention of national courts. In time of the arbitration where the ICSID Convention does not apply, however, the courts have to facilitate the arbitral proceedings. When the recognition and enforcement of an arbitral award under the ICSID Convention are guaranteed by the Convention, it should be considered that the New York Convention does not apply to them under the Convention Article 7 (1) fore-end. In exceptional cases in which an arbitral award under the ICSID Convention cannot be recognized or enforced by the Convention, the New York Convention applies to the recognition and enforcement because the award is not a domestic award of the country in which the recognition or enforcement is sought. It is up to an interpretation of the New York Convention whether the New York Convention applies to ISDS arbitral awards not based on the ICSID Convention or not. Although an act of the host country is about sovereign activities, a host country and the country an investor is in concurring to the investment agreement with the ISDS provisions is considered a surrender of sovereignty immunity, and it will not suffice to exclude the investment disputes from the scope of application of the New York Convention. If the party to the investment agreement has declared commercial reservation at its accession into the New York Convention, it should be viewed that the Convention applies to the recognition and enforcement of the ISDS awards to settle the disputes over an investitive act, inasmuch as the act will be considered as a commercial transaction. When the recognition and enforcement of an arbitral award on investment disputes about a nation's sovereign act have been sought in Korea and Korea has been designated the place of the investment agreement arbitration as a third country, it should be reviewed whether the disputes receive arbitrability under the Korean Arbitration Act or not.