• 영어영문학
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• 제57권3호
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• pp.413-428
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• 2011

Compared with Cathy Song and Myung-Mi Kim, Suji Kwock Kim is yet to be known in Korea, even though she won prestigious American literary awards like the Walt Whitman Award from the Academy of American Poets and the Addison Metcalf Award from the American Academy of Arts and Letters for her debut book of poems, Notes from the Divided Country. Although she was born and raised in the United States and had little knowledge of Korean at first, she came to recognize her identity and be familiar by and by with Korean history. The knowledge of the facts that Korea had been ravaged by foreign forces and suffered from the Japanese colonization and the Korean War aches her soul, and this soul-aching is aggravated by her ancestors' direct experiences of those Korean historical tragedies. But this book of poems does not contain poems regarding Korean history alone. The first part shows her guilty consciouseness for her brother and sister, who are suggested to be physically abnormal or mentally retarded. The third and fourth parts are filled with poems of very diverse subject matters, tones, and themes. Of those poems, "Monologue for an Onion" is probably most worthy of special attention. It is not only a searing indictment for human folly but also a very intriguing poetic rendering of Nietzschean ultimate lessson. Her achievement in the first book of poems makes us eagerly wait for the second one, which is, reportedly, forthcoming sooner or later.

• 영어영문학
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• 제56권6호
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• pp.1311-1337
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• 2010

This paper deals with one of the hottest debates in the history of the Association for Asian American Studies (AAAS) since its inception in the late 1960s. In 1998 at Hawai'i, the AAAS awarded Lois-Ann Yamanaka its Fiction Award for her novel Blu's Hanging, only to have this award protested. The point at issue was the inappropriate representation of Filipino American characters called "Human Rats" in the novel. This event divided the association into two groups: one criticizing the novel for the problematic portrayal of Filipinos in colonial Hawai'i, and the other defending it from the criticism in the name of aesthetic freedom. Such a "crisis of representation" in Asian American identity reflects on the ways in which local Hawaiians are positioned in the complicate power dynamic between oppositional Hawaiian identity and cosmopolitan diasporic identity within the larger framework of Asian American pan-ethnic identity. The controversial event triggered the eruption of Asian Americans' anxiety over the identity-bounded nation of Asian America where intra-racial classism and conflict have been at play, which are primary themes of Blu's Hanging. This paper shows how Yamanaka's Blu's Hanging becomes so disturbing a work to prevent the hegemonic formality of Asian America identity from being fully dogmatic. Ultimately, it contradicts the political unconscious of the reading public and unmasked its false consciousness by engendering a "free subjective intervention" in the ideological reality of colonial Hawai'i.

• 무역학회지
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• 제45권3호
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• pp.147-166
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• 2020

As the volume of trade between Korea and Vietnam increases, the number and amount of commercial disputes between Korean and Vietnamese companies are increasing. In the case of Vietnam, due to differences in the arbitration system and norms due to the socialist state system, foreign companies lack confidence in the settlement of disputes through commercial arbitration in Vietnam. At this point, it is necessary to not only discuss commercial disputes and settlements, but also to closely review and understand Vietnam's commercial dispute settlement system. Therefore, this study examines the current status and characteristics of Vietnam's commercial disputes and analyzes the actual problems of Vietnam Commercial Arbitration System that arise through the arbitral award of the Vietnam International Arbitration Center (VIAC), Vietnam's representative arbitration agency, and precedents on the recognition and enforcement of foreign arbitration awards in Vietnamese courts. In the end, this study seeks to revitalize the Vietnam Commercial Arbitration so that each disputed party may quickly deal with the commercial disputes, and seeks a more smooth solution through commercial arbitration in future trade claims between Korean and Vietnamese companies.

• 한국중재학회지:중재연구
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• 제26권4호
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• 유통과학연구
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• 제16권11호
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• pp.47-56
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• 2018

Purpose - In this research, the expectation level of service of Incheon International Airport was investigated. Service expectation level is critical to the customers' satisfaction and should be managed. Regarding the expectation level of service, the concepts have been defined and introduced by some researchers including Zeithaml, Berry, and Parasuraman (1993). However, due to the difficulties of measuring the level, researches on the expectation level of service have been limited. The main reason of difficulties of measuring the effects is that desired service, adequate service, perceived service, predicted service which are the conceptual components of the expectation level of service are psychologically described concepts and thus are hard to set up standards and to measure numerically. All that one can discern is that desired service level is higher than adequate service level or perceived service level is lower than predicted service level under the certain conditions, etc. Research design, data, and methodology - In this research, the level of service and factors affecting the level are investigated using the case of an Airport. The main idea of research is to investigate whether a supposed factor that is alleged to affect the expected service level is working empirically. The supposed factor is service provider's promise to provide certain level of service to customers. Results - The research results can be summarized as follow. First, service provider's promise, in this case the Airport's Service Quality Award by Airports Council International which can be regarded as objective promise to provide the certain level of service to customers is turned out to be influential to factors affecting expectation level of service. Second, service provider's promise affects to move the customers' expectation level of service upward especially the service of delivering the necessary information to customers in the airport correctly and swiftly. Conclusions - The implications of the research results are, first, customers' expectation level of service in influenced by service provider's promise, second, airport's service award increases the level of customers' service level and as a result for the airport to meet the customers' expectation level of service more efforts should be made.

• 무역상무연구
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• 제19권
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• 한국중재학회지:중재연구
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• 제18권2호
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• pp.103-127
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• 2008

This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

• 한국건설관리학회논문집
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• 제18권3호
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• pp.84-94
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• 2017

국내건설시장의 불확실성과 해외 EPC도급 사업의 수주 경쟁력 약화로 인해, 국내건설기업의 해외개발사업에 대한 관심은 최근 크게 증가하고 있다. 해외개발사업을 수주하기 위해서는 오랜 준비기간과 판매비용이 투입되기 때문에 사업발굴초기에 수주까지 달성할 수 있는 사업을 선별하는 것은 의사결정자에게 매우 중요하다. 하지만, 기존 연구는 사업초기단계보다는 사업개발 전체단계 관점의 타당성평가가 대부분이었다. 따라서 본 연구에서는 31개 해외개발사업을 대상으로 사업발굴단계의 사업추진역량, 상업적 조건, 비상업적조건, 전략 및 공익성의 28개 의사결정요소와 사업수주 성공/실패의 관계를 분석하였다. 이를 통해 다음과 같은 결론을 도출할 수 있었다. 첫째, 입찰형 사업과 제안형 사업의 리스크는 다소 다르며, 제안형 사업이 대체적으로 리스크가 크기 때문에 보다 나은 사업추진역량과 금융조건을 필요로 한다. 둘째, 사업발굴단계 이후에도 개선이 쉽게 되지 않는 사업추진역량의 중요도가 높다고 분석되었다. 셋째, 상업적 조건의 경우, 사업발굴단계에서는 판단하기 어려운 부분이 있으나 수주가능성을 판단하는데는 유의미하게 중요한 요인으로 평가되었다. 넷째, 비상업적 조건과 전략 및 공익성은 사업발굴단계의 수주가능성 예측에는 유의미한 변수로 평가되지는 않았다. 본 연구는 해외개발사업의 수주가능성을 발굴단계 초점을 맞추어 실제 프로젝트를 기반으로 실증적으로 분석했다는데 의의가 있다.

• 한국항만경제학회지
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• 제25권2호
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• pp.149-176
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• 2009

Count호 사건의 항해용선계약에서 선주는 양하항에서 Pongola호의 좌초사고에 의해 본선의 출항이 지연되었기 때문에 용선자의 안전항담보의무위반을 이유로 초과정박손해배상금을 청구하였다. 중재판정부는 양하항을 비안전항으로 보고 선주의 청구를 인정하였지만, 용선자는 중재판정에 다음과 같은 과오가 있다고 하여 영국 법원에 상소하였다. (1) 중재판정부는 Beira항이 안전하지 못하며 그 결과 용선자는 선주에게 초과정박손해배상금에 대해 책임이 있다고 판정한 것은 과오가 있으며, (2) 중재판정부는 Beira항에서 두 선박이 좌초했다는 사실과 관련하여 그 항이 안전하지 못하다고 판정한 것은 과오이며, (3) 선석에서의 양하를 종료하여 출항하려고 하였는데 거의 같은 장소에서 Pongola호가 좌초하여 항만당국에 의한 수로폐쇄에 의해 본선은 4일 후까지 출항할 수 없었다고 판정한 것 등이다. 본 연구에서는 항해용선계약과 관련하여 안전항담보의무위반에 따른 초과정박손해배상금의 청구에 대해 쟁점이 된 Count호 사건을 중심으로 분석하는데 목적이 있다.

• 한국건설관리학회논문집
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• 제24권4호
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• pp.35-43
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• 2023

본 연구에서는 건설기능인등급제의 안정적인 제도 정착에 있어 중요한 요인 등급기준이 적절하게 설정되었는지를 분석하고, 이러한 등급기준이 동 제도의 정책 목표인 신규인력 유입, 직무능률 향상, 이직감소 등에 영향을 미치는지를 분석하였다. 기능인등급제도입 이후 시행 예정된 전자카드제와 적정임금제의 도입을 각각의 시나리오 설정하여 정책목표에 미치는 효과를 분석하였다. 조사결과, 등급기준의 적절성은 평균이상으로 나타났다. 그리고 정책목표에 대한 기여수준 역시 대체적으로 높은 것으로 나타났다. 기능인등급제 등급기준의 적절성을 독립변수로 설정하고 정책목표인 신규인력 유입, 직무능률향상, 이직감소를 종속변수로 설정한 회귀분석에서 각 시나리오별 유의미한 영향관계를 보인 변수의 차이가 나타났다. 신규인력 유입에 있어서는 경력 및 포상기준의 적절성이 정(+)의 영향관계로 나타났으며, 직무능력 향상의 경우, 네 가지 등급기준 적절성이 각 시나리오에 따라 유의미한 영향관계가 나타났다. 마지막으로 이직감소의 경우, 모든 시나리오에서 포상기준의 적절성이 정(+)의 영향관계를 보였다. 특히, 기능인등급제만 도입되는 시나리오보다 전자카드제 및 적정임금제가 함께 도입되는 시나리오에서 정책목표 달성에 대한 기여수준이 높은 것으로 나타나, 이들 제도가 함께 활용되는 것이 보다 중요함을 시사하고 있다.