• Journal of Korean Society for Quality Management
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• v.27 no.3
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• pp.51-66
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• 1999

This paper empirically investigates the impact of winning a quality award by investigating the rate of return of a firm's stock in the stock market, and by analyzing the contribution and effectiveness to a firm's competitiveness. It also compares the effect of firms winning MB(Malcolm Baldrige) award with that of firms winning Korean quality awards on the stock market. A comparative method is used to analyze the change of award-winning firms'rate of return and then they are classified by time-series, cross-sectional, firm's size, award agency, and the year of receiving the award. The number of firms employed in this study is 74, however, multiple award-winning firms are included in the analysis, which increased the sample size to 118. Results indicate that Korean quality awards improve an award-winning firms'market value but not as much as the MB award did.

• Journal of Korean Society for Quality Management
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• v.27 no.3
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• pp.40-50
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• 1999

This paper empirically investigates the impact of winning a quality award by investigating the rate of return of a firm's stock in the stock market, and by analyzing the contribution and effectiveness to a firm's competitiveness. It also compares the effect of firms winning MB(Malcolm Baldrige) award with that of firms winning Korean quality awards on the stock market. A comparative method is used to analyze the change of award-winning firms'rate of return and then they are classified by time-series, cross-sectional, firm's size, award agency, and the year of receiving the award. The number of firms employed in this study is 74, however, multiple award-winning firms are included in the analysis, which increased the sample size to 118. Results indicate that Korean quality awards improve an award-winning firms'market value but not as much as the MB award did.

• Korea Journal of Hospital Management
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• v.13 no.3
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• pp.94-113
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• 2008

The purpose of this study to develop the Hospital Management Award(HMA) programme which would be a basic information for advancing hospital industry in Korea. HMA programme in the study are designed with general census building method of researchers and with the data of professions opinion which was survey with structured questionnaire Major results of this study are as follows. First, Hospital Management Award(HMA) programme is perceived very necessary and useful for advancing hospital industry of Korea (positive response rate: 93.0%). Second, Criteria, Classification of hospitals may be the function, size and ownership of hospital. Third Evaluating area of hospital management, examining method and evaluation marking points are designed on the basis of hospital management information system. Forth, this study suggests same strategies for execution of the programme. On the basis of the study results this study suggests that Hospital Management Award(HMA) programme would rather actualized in advance by formal institute and/or association. And some in depth studies are required mainly for development of the action plan of HMA programme.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2006.11a
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• pp.367-372
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• 2006

Government is not only the biggest owner in public sector, but also the leader responsible for improving and fostering construction industry. Delivery systems and award methods are enacted as laws via government's strong will for construction innovation. In addition to establishing relationships between government and contractor, delivery systems and award methods affect every aspect of industry. Therefore, the government should keep trying to remove inefficiency and achieve Best Value. This paper analyzes the delivery systems and award methods of advanced countries to extract lessons for Korean industry focusing on leading parties, direction, and change in owner's awareness of their respective innovative movements for construction. The prerequisites for improvement in delivery systems and award methods are suggested as partnership between public and private sectors, consistent innovation, enhancement in efficiency, and reinforcement of owner's capability.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.51-70
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• 2020

The Mediation-Arbitration hybrid is becoming more popular since it makes an amicable relationship and thorough statement possible. The Mediation-Arbitration hybrid has been used to take advantage of both dispute resolution methods. In a Med-Arb process, negotiating a resolution to disputes is attempted with a mediator's help. If the mediation ends in an impasse or issues remain unresolved, parties can move on to arbitration. Med-Arb can also be cost-effective when disputants hire one person to serve as mediator and arbitrator (Med-Arb-Pure). However, it can disturb the fairness and neutrality of arbitrators, and awards can be annulled. Indeed, "Award by Consent" is different from the "Med-Arb-Pure" process. Arbitrators easily confuse them. Only the parties settle on the arbitral proceedings' course, and the arbitrator can help them (award by consent). The role and skill of a mediator are different from an arbitrator's. Disputants have the right to use a mediator who specializes in mediation. Moreover, mediation communication confidentiality is the essential value of mediation, and this should be protected. Therefore, in the process of "Med-Arb," separation between mediating and arbitrating is a better choice to specialize in each expertise. In this process, "Med-Arb" can be an affordable, expeditious, proper, and effective method of resolving international commercial disputes and continuing ADR prime time.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.107-127
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• 2021

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

• Journal of Korean Society for Quality Management
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• v.44 no.3
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• pp.617-638
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• 2016

Purpose: The purpose of this study is to propose useful suggestions by analyzing difference of financial performance between "Excellent Quality Competitiveness Enterprise(EQCE)" awarding companies and all the manufacturing companies during the period 2003-2014 and by testing the moderating effects of performance year. Methods: This paper perform the longitudinal study during the period 2003-2014. The collected data through list of National Quality Award and financial report of CRETOP were analyzed using independent-sample t-test, paired-sample t-test, one way ANOVA and empirical analysis. Results: The results of this study are as follows; EQCE showed higher growth rate than all the companies until 2008, but profitability, stability, and activity are not significantly different between the both. Therefore EQCE have partial influences on growth rate among several financial performance measures until 2008. Since 2009 there are no differences. The effects of EQCE on financial performance are different by the year. Conclusion: EQCE award system was a meaningful promotion method to enhance good financial performance through encouraging quality management for the manufacturing companies until 2008, But since 2009 it is expected to lose its role as a promoting tool for quality management and performance excellence. Therefore new way of thinking for EQCE, as a national quality award system, is necessary; changing awarding system, award criteria, or etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.133-158
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• 2008

The purpose of this article is to examine the "Annulment" of ICSID Arbitration Award. Most of the international conventions provide for arbitration as the preferred method of dispute settlement. In general they either provide for ad hoc arbitration under the UNCITRAL Rules or under the rules of an acceptable arbitration institution, e.g. ICC, AAA, LCIA and in particular ICSID. The most distinctive feature of ICSID arbitration is the self-contained and exhaustive nature of its review procedures. Unlike other arbitration regimes, control is exercised by internal procedures rather than by the courts. Remedies against the award are limited to those provided for in the Convention and do not include court involvement. Especially, the annulment of the ICSID award by an ad hoc committee must be considered as jeopardizing ICSID Arbitration because it clearly depart from the current trends of international commercial arbitration which limits any kinds of judicial review and excludes any kinds of review on the merits. I wish that the future decisions of the ad hoc committees will restore a narrow scope to the ICSID procedure of annulment in order not to endanger the ICSID Arbitration mechanism.

• Journal of the Korean Geotechnical Society
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• v.25 no.6
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• pp.47-57
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• 2009

In this study, the ultimate lateral load capacity of pile driven into multi-layered soil was estimated using cone penetration test results and a method was proposed to reflect multi-layered soil conditions. For multi-layered specimens prepared with different relative density at different layers, the cone penetration tests and lateral pile load tests were conducted. Based on the test results, measured and estimated values of the ultimate lateral load were compared and analyzed. The estimated results were obtained from the methods proposed by Broms (1964), Petrasovits & Award (1972) and Prasad & Chari (1999). The method was proposed for modifying the earth pressure distribution of Prasad & Chari (1999) to consider multi-layered soil conditions. From the analysis, it was seen that results obtained from the proposed method showed improvement with less data scatter similarly to those obtained from Broms (1964) and Petrasovits & Award (1972)'s methods.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.107-133
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• 2004

In these days, arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. An award of punitive damages is often the most significant and detrimental part of an award arising from a judicial or arbitral proceeding. In 1995, the United States Supreme Court resolved a circuit split. upholding an arbitral panel's authority to award punitive damages under a securities arbitration agreement. This decision was monumental in establishing arbitral power. However, it left several questions unanswered. For example, which, if any, standards should be applied to such awards？ The decision in Sawtelle, adopting a separate ground for review of punitive damages awards, is one that signals a significant change in the field of arbitration. This article addresses the reviewability of punitive damages awards arising out of a securities arbitration hearing. It would be necessary to introduce securities arbitration system to our disputes resolution system. Compared to American practices, there could be many differences in recognition on arbitration and legal structure in our country. Thus it will be a future assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us. This article analyzed predispute arbitration agreements and agreements to arbitrate after a dispute has already arisen.