• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.47-77
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• 2013

The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

• Journal of Digital Convergence
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• v.10 no.5
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• pp.223-232
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• 2012

Recently, the leakage of personal information and privacy piracy increase. The victimized case of the malicious object rapidlies increase. Most of users use the windows operating system. Recently, the Windows 7 operating system was announced. Therefore, we need to study for the intrusion response technique at the next generation operate system circumstances. The accident response technique developed till now was mostly implemented around the Windows XP or the Windows Vista. However, a new vulnerability problem will be happen in the breach process of reaction as the Windows 7 operating system is announced. In the windows operating system, the system incident event needs to be efficiently analyzed. For this, the event information generated in a system needs to be visually analyzed around the time information or the security threat weight information. Therefore, in this research, we analyzed visually about the system event information generated in the Windows 7 operating system. And the system analyzing the system incident through the visual event information analysis process was designed and implemented. In case of using the system developed in this study the more efficient accident analysis is expected to be possible.

• The Journal of Society for e-Business Studies
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• v.20 no.4
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• pp.77-102
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• 2015

FinTech service industry has been growing rapidly around the world. It has driven innovation in financial and payment service industry with different channels such as mobile based on Information and Communications Technology (ICT). However, FinTech service is vulnerable to different security threats due to use the valuable data such as personal information and financial information. It is undeniable that collection and use of those information may increase the possibility of identity theft or privacy breach. In this paper will develop a self-checklist for the Simple Payment service users (Privacy Pragmatists) who want to make a rational decision to protect their personal information. The checklist is going to let the users assess the personal information protection by performing the assessment themself when they use the service. The body of this paper is going to analyze the items of the checklist and through the analysis, will suggest a security policy for personal information protection of FinTech service.

• Proceedings of the Korean Society of Computer Information Conference
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• 2016.07a
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• pp.141-143
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• 2016

2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

• Journal of Energy Engineering
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• v.23 no.3
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• pp.21-26
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• 2014

EU-APR1400, the Korean nuclear reactor design for European market adopts a so-called core catcher for ex-vessel molten corium retention and cooling as a severe-accident mitigation system. Sacrificial material, which controls melt properties and modifies melt conditions favorable for corium cooling and retention, is usually employed to protect core catcher body from molten corium. Since molten corium can be ejected through a breach of a reactor pressure vessel and impinged on the sacrificial material with enhanced heat transfer at a severe accident, it is very important to predict ablation rate of sacrificial material due to corium jet impingement accurately for core catcher design. In this paper, sacrificial-material ablation model based on boundary layer theory is suggested and compared with the experimental results by KAERI.

• Journal of KIISE
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• v.44 no.2
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• pp.195-207
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• 2017

In recent years, data are actively exploited in various fields. Hence, there is a strong demand for sharing and publishing data. However, sensitive information regarding people can breach the privacy of an individual. To publish data while protecting an individual's privacy with minimal information distortion, the privacy- preserving data publishing(PPDP) has been explored. PPDP assumes various attacker models and has been developed according to privacy models which are principles to protect against privacy breaching attacks. In this paper, we first present the concept of privacy breaching attacks. Subsequently, we classify the privacy models according to the privacy breaching attacks. We further clarify the differences and requirements of each privacy model.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.195-216
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• 2016

In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.89-121
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• 2015

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.25 no.6
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• pp.1549-1560
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• 2015

For the past few years, personal information breach incidents, great and small, occurred constantly. Accordingly, the Personal Information Protection related Ordinances are enacted and amended persistently, and the information security products also keep advancing and developing in the same way. There are the certification systems such as Common Criteria Evaluation and Validation(CC) and Korea Cryptographic Module Validation Program(KCMVP) for the information security products. These are also strictly carried out. This paper analyzes and categorizes the 5 Personal Information Protection related Ordinances in the aspects of technical protection measures by using key words. Here are the 5 related ordinances; 'the Personal Information Protection Act', 'the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc', 'the Act on the Protection, Use, Etc, of Location Information', 'the Use and Protection of Credit Information Act', and 'the Electronic Financial Transactions Act.' Moreover, this study analyzes the association between the technical protection measures in the 5 relevant laws and the information security products that are obtaining the CC Evaluation & Validation(CC) and the products that are now produced at KISIA's member companies.