• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.91-117
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• 2005

The purpose of this paper is to examine practical and legal considerations in the choice of the "Seat of Arbitration". As the selection of the "Seat of Arbitration" in an international commercial contract is vital both judicially and practically, so to speak, in terms of enforceability of award, judical interference in arbitration proceedings, relative convenience and expense, and the selection of arbitrators, the selection should be carefully considered and examined. In case of institutional arbitration, when the arbitration clause does not nominate the seat, the administrator or the secretariat of the institution or the arbitrator tribunal would usually determine the seat. On the contrary in case of ad hoc arbitration, Unless otherwise agreed by the parties, the "Seat of Arbitration" would be determined according to the rules which are selected by parties or their arbitrators. To avoid confusing situation about the selection of the seat, this writer would like to recommend ICC or LCIA with each Standard Arbitration Clause. If the parties want any national arbitration institution because of the expenses incurred in international institution, AAA or CEPANI is recommendable in terms of the reputation, operating system and recognized performance. Specially ICC Court of Arbitration usually examines the award before it is issued, so the enforceablity would go up. Thus when the parties lay down the arbitration clause in their contract they should confirm whether the "Seat of Arbitration" is fixed or not. If not, at least they should examine the arbitration rules which would be applied, and know in advance how the seat be determined.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.111-140
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• 2019

The Bioethics and Safety Act provides a set of rules to regulate biobanks and research activities using human biological material, but the law seems to be defective in several folds. The law requires that, prior to collection or use of human biological materials, researchers should obtain the informed consent of the donors, but the law does not obligate biobanks to do so. Even in cases where the law requires informed consent, the ordinance of the Ministry of Health and Welfare allows open (or blanket) consent. In addition, a new article in the Act, Article 42-2 which will take effect from October 24, 2019, allows medical institutions to provide biobanks with remaining biospecimens collected in the course of diagnosis and treatment, unless the donors express their intent to opt-out, without obtaining specific consent from them. Given the need to protect the autonomy of donors and the unique characteristics of biobanks and research activities that use human biological materials, this paper concludes that such open consent-based law may not be suitable to protect the autonomy of the donors and that the broad consent requirement may be a desirable policy option. The paper acknowledges that the international community has long questioned whether broad consent (as well as open consent) is an effective choice to regulate the use of human biological materials. The paper stresses that the baseline requirement in designing the law is that the secondary use of human biological materials should be based on informed consent of the donors; the core value of the law should be a governance structure that promotes transparency and protects donor participation.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.199-239
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• 2010

In 2008, the Korean Supreme Court came across a plaintiff's claim to return his deceased father who had left family more than four decades ago and lived with another spouse(de facto) in the meantime to be buried after death in a cemetery of his own choice. The major opinion decided to approve the claim, on the ground that the first legitimate son should be the "head worshiper" prescribed in the article 1008-3 of the Korean Civil Code and that the corpse belong to the head woshiper, i. e. the head woshiper has a special "limited ownership" over the corpse for the purpose of its burial and worship, adding that a deceased's disposition inter vivos, if any, be only ethically but by no means legally binding others, including the head worshiper of course. Here scrutinized are the historical developments starting from the Roman criminal law of sepulchri violatio(trespass to grave) through the Canon law of the Middle Age and the doctrinal reactions to the challenges of anatomy and surgery to the formation of the "supporting the deceased" theory in Germany as well as the similarities in other european continental countries(Switzerland, Austria and France). The comparative review shows that the right of remaining family could neither be identified as limited "ownership" nor that the controversy over a corpse be solved by exclusively attributing/distributing it to one/some of the descendants. In principle, the question should be approached in the extension of family support.

• Industry Promotion Research
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• v.8 no.1
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• pp.119-134
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• 2023

An Analysis of the Choice of Wedding Time Based on the Gimundungap Theory. The purpose of this study is to research the utility and validity of wedding time selection based on the principles of Ungokgimun, a recent development of Gimundungap theory. Unlike the conventional way of choosing from common auspicious hours and days deemed available for important ceremonial occasions, Ungokgimun determines the propitious heavenly wedding time catered for a particular couple based on the birth table consisting of the four pillars of the bride- and groom-to-be. Using the Hong Guk-soo numbers which are drawn from the basic principles of oriental philosophy, it utilizes a deductive approach to wedding time choice, which is considered decisive and logical. Wedding time selection for a bride and a bridegroom is determined by auspicious combinations of matching and supporting HongGuk-soo numbers. Some relevant determining factors for the time choice are three number combination of samhap, two number combination of half-hap, latitudinal combination of yuk-hap, support and control relationships between related elements, two number punishment of hyung-sal, and three number punishment of samhyung-sal, etc. The specific auspicious palace of the spouse-to-be's luck is selected on the basis of supporting or brotherly combination of numbers which are manifested on the baseline earthly plate of the bride- and groom-to-be. This is followed by the selection of the ten-year luck, and year and month luck, and finally by the selection of auspicious day and hours. The validity of this study was verified through theoretical consideration of the Ungokgimun and practical analysis of a variety of marriage cases. It was found that the way of wedding time selection using Ungok Gimundungap was relatively more effective than other conventional methods.

• The Journal of Fisheries Business Administration
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• v.44 no.1
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• pp.59-70
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• 2013

The purpose of this paper is to integrate various models of price formation and let the data choose the most proper model. After the data choose the proper model, one can analyze the price formation process and demand structures for fishery resources under the restriction of Korean fisheries regulations. This study suggests the integrated model including quasi-linear price formation model, Translog price formation model, AIDS price formation model and Lewbel price formation model as level variables. It also suggests another integrated model including AIDS price formation model, Rotterdam price formation model, Latinen-Theil price formation model and Neves price formation model as difference variables. The empirical results show that the AIDS price formation model is the most preferred in both level and difference variables of fishery resources. The estimated parameters show that all sample species have (-) sign of price flexibilities, thus following the law of demand. The scale flexibilities of all species are estimated as (-) sign, thus being adapted to the theory. The contribution and results are summarized as follows. First, the integrated model of fishery market demand has been developed and the data can choose the proper model without arbitrary choice of the researcher. Second, the fishery market demand structure could be analyzed in a way different from the ordinary demand analysis, which is based upon price flexibility and scale flexibility. Third, the integrated model for fishery resources can be used easily when catching restrictions are imposed by policies.

• East Asian Journal of Business Economics (EAJBE)
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• v.8 no.3
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• pp.43-56
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• 2020

Purpose - This study was carried out to analyze the influential factors of how consumers methodize purchasing agricultural products via direct market. It further utilizes the Discrete Choice Model to analyze consumer decision specifically with regards to individual markets and store attributes. Research design and methodology - This study will use the multinomial logit model to interpret the influential factors behind selecting a specific market to purchase from. This study establishes 'online direct-purchase' as the base category with 'direct farm markets', 'local foods direct markets', 'produce boxes (CSA)' as substitutes. Results - Firstly, the variety of products, price and freshness had a positive influence on choosing 'direct farm markets' while convenience of payment and transportation had a negative influence. Second, freshness and store attributes had a positive influence on choosing 'local foods direct markets' but product price and packaging, location accessibility had a negative influence. And although product creditability had a positive influence on purchasing 'produce boxes (CSA)', product price had a negative influence. Conclusions - Accordingly, there is a need for the South Korean government to encourage the adoption of mobile payment through smartphone applications in direct farm markets to vitalize direct agricultural purchasing. However, this does need to be approached cautiously as price has a conflicting affect for each method of purchase.

• Journal of Cadastre & Land InformatiX
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• v.49 no.2
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• pp.23-38
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• 2019

The National Land Census Project aims to survey the national land regularly to resolve the land category disagreement and reflect the actual land use. The objective of this study is to investigate whether not only the National Land Census Project but also related land and housing surveys bring about the improvement of social welfare in light of the invested budget, and to measure the project feasibility. The potential benefit after the National Land Census Project is not traded in the market. To determine the economic value of this potential benefit, the Contingent Valuation Method was used. This study utilized the single-bounded and double-bounded dichotomous choice models simultaneously to estimate the project feasibility of the cadastral system improvement. According to this study, cost-benefit ratio of the project was estimated larger than 1, which means that social benefits are larger than social costs.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.3-36
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• 2022

In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

• Journal of the Korean Society for Precision Engineering
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• v.12 no.9
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• pp.104-114
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• 1995

Mathematical models of industrial robots or manipulators are composed of highly nonlinear equations with nonlinear couplings between the variables of motions. These nonlin- earities were not considered important in the first stage that the working speed of the manipulator was not so fast, but the effect of nonlinear forces has become serious, as the working speed has been increased. So more improvement of performance cannot be expected by the control of manipulator using approximate linearization. As an approach for solving these problems, there is a method that eliminates nonlinear theory, which makes possible cecoupling of coupling terms and arbitrary arranging of poles is briefly introduced in this study. When the theory is applied to design the control law, its feasibility is examined whether the reasonable control results are obtained by simulating position, velocity, torque and tracing trajectory. The relations between the coefficients of the linearized differential equations and the maximum error and torque for the prescribed trajectory are also examined. Finally, the method for selecting the values for getting the most rapid and precise response within maximum torque of each drive is suggested in the choice of coefficients of characteristic equations which are obtained as a result of the control.

• Journal of Arbitration Studies
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• v.33 no.3
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• pp.147-175
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• 2023

The emergence of the metaverse, a complex three-dimensional virtual environment, has led to significant changes in the intellectual property (IP) landscape. This paper examines the challenges and legal intricacies of IP within the virtual realm, focusing on the unprecedented nature of these disputes and on the inadequacies of traditional jurisdiction methods. Drawing from international frameworks, including the International Law Association's Guidelines and WIPO's guides, the study critically explores arbitration as an alternate approach to metaverse IP disputes, analyzing its complexities and applicability. The paper further delves into challenges arising from diverse protection laws that pertain to the global nature of the metaverse, including the nuances of various digital assets like NFTs. By assessing jurisdictional difficulties, the paper addresses the adoption of decentralized justice platforms, and examines the role of Alternative Dispute Resolution (ADR) methods, this paper presents a comprehensive view of the evolving virtual legal field. It suggests that while innovative methods are emerging, traditional arbitration will likely remain the preferred choice for complex disputes, offering a balance of speed, cost-effectiveness, and legal robustness within the virtual world.