• Journal of Arbitration Studies
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• v.16 no.1
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• pp.45-80
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• 2006

The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.13 no.4
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• pp.229-237
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• 2013

As demand for IT services increase, which are based on SOA and cloud computing, service level agreements (SLAs) have received more attention in the parties concerned. An SLA is usually a paper contract written in natural language. SLA management tools which are commercially available, implement SLAs implicitly in the application with a procedural language. This makes automation of SLA management difficult. It is also laborious to maintain contract management systems because changes in a contract give rise to extensive modifications in the source code. We see the source of the trouble is the existence of documentary SLAs (paper contracts) and corresponding executable SLAs (contracts coded in the procedural language). In this paper, to resolve the current SLA management problems we propose an active SLM (Active Service Level Management) system, which is based on the active SLA (Active Service Level Agreement). In the proposed system, the separated management and processing of dual SLAs can be unified into a single process with the introduction of active SLAs (ASLAs).

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.125-146
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• 1989

This paper is examine the problems of U.S.-Korea Air Service Agreement and recommend some directions for its improvement under the rapidly changing circumstance and growing importance of Korean penisula. Since the provisional agreement of 1949, U.S. -Korea Air Service Agreement has consistently been favorable to U.S. side. Fair and equal opportunity is the principle and basis of the bilateral air agreement. Notwithstanding such principle, it is only the U.S. carriers who can freely enter into any market, under the discretion of business strategy, while Korean carrier can serve only three points including Honolulu. In an effort to recitify such serious imbalance, Korea continuousely requested additional rights and has given utmost efforts to accommodate requests made by U.S. carries without much success. When we review aviation market between Korea and U.S. under the present agreement, Korea is fully open to U.S. carries as they can connect from any or all points in the U.S. via any or all points in Korea and all points beyond Korea. Increased number of U.S. carriers are enjoying greater utilization of the opportunity accorded them. Four(4) U.S. carries now operate to Korea using thirteen(13) gateway points and about one hundred fifty(150) on-line points in the U.S. such imbalance can be well understood when we review the exchange of traffic rights between the U.S. and the Pacific rim countries. During the yeras following the 1978 agreement with Korea, the U.S. proceeded to sign liberal agreements with Thailand, Taiwan, Singapore and the Phillipines. In exchange, the U.S. granted the four Pacific rim countries substantially greater rights than were granted to Korea, although Korea was the first Asian nation to sign a pro-competitive aviation agreement which granted U.S. carriers unrestricted market access and pricing flexibility. Moreover, Korea ranks the 2nd trading and tourist partner to the U.S. among the Pacific rim countries (Japan is the largest partner to the U.S. in terms of both trade and tourist market). In this paper such problems in the Korea-U.S. Air Services Agreement are analyzed in terms of historical perspective, U.S. Aviation policy, imbalance status in detail cases, discrimination to Korea comparing to other Asian countries, and theoretical application. And further it discusses current aviation issues between Korea and U.S. such as the ratification of 1980 MOU and various doing business issues of U.S. carriers in Korea. Finally, this paper concludes the analysis and suggests some directions to improve and rectify the problems and imbalance of U.S.-Korea Air Services Agreement in question.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.3-26
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• 2018

This article examines whether parties may agree to contractually waive the right to bring annulment proceedings. Alternately it looks at whether certain grounds of annulment may be waived. The ability for parties to resolve this issue contractually by waiving this element of Article 52(1)(b) ICSID offers a potentially powerful solution. For parties to agree beforehand to the circumstances where tribunals have not 'manifestly exceeded their power' could allow them to remove the unpredictability of annulment on this foundation. Even in the event that an ad hoc committee is against the validity of waiver, it may be possible for a party to frame this restriction as an interpretative agreement by the parties rather than strictly as waiver of a ground of annulment. Ultimately, the wish to enter into such an agreement would likely only be driven by a few exceptional commercial need or prior negative experience with the remedy of annulment. In that cases, and depending on the nature of the specific concern with annulment, a limited waiver or interpretative agreement on certain Article 52(1) ICSID grounds may certainly be appropriate.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.10 no.10
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• pp.2715-2720
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• 2009

Supporting Quality of Service (QoS) for multimedia services in heterogeneous mobile networks is a part of key issue for Three Generation Evolution (3GE) development. A QoS management structure needs to guarantee the QoS of moving users based on an end-to-end negotiation to support the seamless service when MT is moving between the heterogeneous networks. We propose an end-to-end negotiation method based on SLA(Service Level Agreement). For this aim, the SLA control and algorithm for supporting MT's QoS is considered. Simulation is focused on the average delay and packet loss rate, and the results show that our proposed method provides mobile terminals with the optimal performance.

• Hwankyungkyoyuk
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• v.25 no.1
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• pp.105-116
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• 2012

The most necessary thing for education now, is an ecological approach to look at and be conscious of the uncertainty of nature and the structural contradiction of society. In brief, we need to make a judgment on what standard and value are required for a forming righteous relation between nature and human being, and include it in the notion of citizenship. Based on this point of view, this study extracted moral virtues, skills and agreement mechanisms of new citizenship from ecologism, environmental justice and the ecological community, and systematized them. From ecologism and environmental justice, virtues that are inner values to lead ecological citizen's act and skills as capabilities required for correcting environmental injustice, were derived. Then, workings of citizens in a community and directions of each society and education were considered from the ecological community as an utopia where ecological citizens ultimately aim for. As the result, the ecological sensitivity, freedom, creativity, a sense of justice, a sense of responsibility, caring were found to be moral virtues that ecological citizens have to have. Next, ecological thinking skills like systemic thinking, quantitative thinking and empathetic thinking, and principles of deliberation and perturbation as mechanisms to improve communication skill and environmental injustice which have been considered importantly as components of democratic citizenship, were selected as skills of ecological citizens.

• Proceedings of the Korea Inteligent Information System Society Conference
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• 2001.01a
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• pp.16-22
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• 2001

There is no doubt that agents play an increasingly predominant role in e-commerce, whether these are business-to-consumer or business-to-business applications. However most of the current e-commerce agents only support a single bid for a product at a fixed price. Although price is an important factor, it is not the only concern of both business and consumer. There is doubt as to whether such agents satisfv both parties. Negotiation on a variety of issues is needed in order to reach an agreement. In this paper, a computational agent negotiation(CAN) model is proposed to facilitate multiple-issue negotiation via an agent. The main contribution of the CAN model is it enables agent to participate actively in the negotiation with various feedback instead of simply an agreement or rejection.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.233-266
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• 2005

The world trading system has been under many changes in recent years. One notably important development is that much attention away from the multilateralism-oriented World Trade Organization towards FTA(Free Trade Agreement). The Free Trade Agreement signed between korea and chile formally have been come effective for free trade in goods and services as from April 1, 2004. During Free Trade Agreement negotiations between both countries. This study aims at presenting the suggestion for the Korea to make the WTO rules and FTA by analyzing The interpretation of FTA under WTO System. It was founded by the investigation of WTO rules, most of the provisions are similar with other FTA, but a little provisions different from other FTA's. It is an appearance from the contracting party's peculiar circumstances such as state of industrial development or future prospect, conditions around international trade. The whole world has entered the new stage of bilateral and multilateral FTA. The essential or new generation or bilateral and multilateral FTA is creating more trade opportunities, promoting all factors, commodity, service, capital, technology and talent freely flow through canceling the trade barriers between FTA, in order to develop together within the regions. It shows that the cooperations transfer form the whole region into FTA. FTA makes not only the free trade smooth ,but also takes place the trade distortion effect. especially as the agriculture has a speciality each country, should it is ignored in negotiation, many reactions will be occurred in the process of fta Therefore Korea needs to deliver the message that Korea's hub is an essential ingredient for an efficient FTA and WTO system in a bilateral and multilateral win-win framework. Consequently Korea should have criterions about the rules of FTA and WTO system for peculiar circumstances of Korean economy and international trade.

• Clinics in Shoulder and Elbow
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• v.25 no.4
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• pp.304-310
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• 2022

Background: The Boileau classification distinguishes three surgical neck fracture patterns: types A, B, and C. However, the reproducibility of this classification on plain radiographs is unclear. Therefore, we questioned what the interobserver agreement and accuracy of displaced surgical neck fracture patterns is categorized according to the modified Boileau classification. Does the reliability to recognize these fracture patterns differ between orthopedic residents and attending surgeons? Methods: This interobserver study consisted of a randomly retrieved series of 30 plain radiographs representing clinical practice in a level 1 and a level 2 trauma center. Radiographs were included from patients (≥18 years) who sustained an isolated displaced surgical neck fracture if they were taken ≤1 week after initial injury. A ground truth was established by consensus among three senior orthopedic surgeons. All images were assessed by 17 orthopedic residents and 17 attending orthopedic trauma surgeons. Results: Agreement for the modified Boileau classification was fair (κ=0.37; 95% confidence interval [CI], 0.36-0.38) with an accuracy of 62% (95% CI, 57%-66%). Comparison of interobserver variability between residents and attending surgeons revealed a significant but clinically irrelevant difference in favor of attending surgeons (0.34 vs. 0.39, respectively, Δκ=0.05, 95% CI, 0.02-0.07). Conclusions: The modified Boileau classification yields a low interobserver agreement with an unsatisfactory accuracy in a panel of orthopedic residents and attending surgeons. This supports the hypothesis that surgical neck fractures are challenging to categorize and that this classification should not be used to determine prognosis if only plain radiographs are available.

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.119-136
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• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.