• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.117-136
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• 2007

Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

• The Journal of Industrial Distribution & Business
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• v.7 no.4
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• pp.11-16
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• 2016

Purpose - There are numerous theories for retail trade area analysis which are designed to select candidate locations for new stores. In this study, comparative analysis on the characteristics from those of the theories are shown, and the explanation for the power in consumers' store-choice behaviors and their limitations are examined. Also, plans for improving commercial sphere analysis are explored. Research design, data, and methodology - This study is based on literature reviews with normative research methodology. Among many researches regarding the analysis on the location and commercial sphere for launching a new store, researches relying on statistics are excluded in this study since they belong to the marketing research area,. Results - In the Law of retail gravitation, Huff's model multinomial logit model and etc. are mutual complementary mathematical techniques for analyzing commercial spheres and each of them has its own characteristics. These theories rely on the same hypothesis in which consumers are all believed to be behaving rationally under a similar behavioral system. However, the trial in explaining or estimating behavior of choosing a store with only a select size of the population that is objectively estimated by some major properties has limits in its credibility. Conclusion - Research on consumer's spatial behaviors can be fully illustrative and explainable when it has both quantitative approaches such as 'law of retail gravitation', 'logit model' and etc., and qualitative approaches like consumer's 'cognitive structure', 'learning status', 'image formation', 'attitude' and etc.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.1
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• pp.543-550
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• 2021

The purpose of the study is to investigate the simulated effects of the Philippine tax reform, which is called Tax Reform for Acceleration and Inclusion Law, on household income and occupational choice. The study utilized the Family Income Expenditure Survey and tax collection as input to Computable General Equilibrium-Top Down Behavioral Microsimulation approach to determine the effect of Philippine tax reform on household income and occupational choice. The results of the study show that the household income in the Philippines will increase due to the implementation of the Philippine tax reform. Also, the study had found that tax reform results drive the household to shift from being farming entrepreneur to salaried workers since the utility derived from being workers is much higher compared to the utility derived from being entrepreneur. The findings of this research suggest that the Philippine Tax Reform for Acceleration and Inclusion Law is beneficial to the household since their income would increase, which will further result to an increase in their capability to buy goods and services. However, the tax reform would also lead to imbalance between the distribution of numbers of workers across sectors such as entrepreneurial farming, entrepreneurial non-farming, and wage sector.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.303-326
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• 2016

The Rotterdam Rules regulate both transport documents and the legal effect of the choice of document much more comprehensively than the existing maritime convention to bring international harmonization of issues relating to transport documents. The Rotterdam Rules use the generic term 'transport documents' rather than referring to specific title such as bills of lading, sea waybills. The generic term 'transport documents' allow four types of transport documents to be identified as follows. 1. negotiable 2. negotiable which dispense with surrender 3. non-negotiable which require surrender 4. non-negotiable. Each types of transport documents has its requirements to be satisfied. Also, the choice of transport documents affects legal effect. Thus parties to the contract of carriage not only need to know how the document will be classified at the time it is issued but also consider what the documents will bring legal consequences.

• Korean Journal of Organic Agriculture
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• v.21 no.2
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• pp.125-137
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• 2013

The Purpose of this paper is to estimates consumers' willingness to pay for Urban Agriculture Park attributes. we analysis the marginal WTP by choice experiment method. Choice experiment (CE) is designed to elicit the marginal WTP differences among urban agriculture park attributes (garden scales, learning and experience area, leisure and relaxation area and fund). The results of multinomial logit model are meaningful, the total marginal WTP on the urban agriculture park attributes is 18,852 won. gardens scales is 2,949 won, learning and experience area is 11,284 won, leisure and relaxation area is 4,619 won. In the current laws, the facilities related to urban agriculture park is not. Taking advantage of the new urban agriculture park, Amendments of the law is required.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.

• Korea Trade Review
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• v.44 no.6
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• pp.201-216
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• 2019

At present, there are various standards used as the governing law of contracts for establishing, implementing, and resolving disputes between the parties to international sales contracts, called "Forum Shopping." Uncertainty and increased transaction costs, which may arise from these various norms, may hinder the activation of international commerce. This study examines the process of enacting and examining various international unification norms that have emerged through international organizations to eliminate trade barriers caused by choice of governing law concerning parties involved in the international sale of goods. Issues regarding the positive and negative perspectives are discussed to identify obstacles to international unification norms. In particular, by comparing and analyzing the differences between the regulations of the CISG and PICC, the representative international unification norms on international sales contracts, the possibility of unification of the norms on international sales contracts are reviewed. Direction for the establishment of a single international regulation is presented for reducing the transaction costs and uncertainties in the international sale of goods.

• Journal of Korean Clinical Health Science
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• v.5 no.4
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• pp.1032-1039
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• 2017

Purpose. The purpose of this study is to understand the stress of rural mothers-in-law by identifying the nature of their stress experiences with highly educated foreign daughters-in-law using phenomenological methods, and to provide basic data on nursing intervention plan. Methods. The method of this study is to first examine the relationship between marriage and marriage of highly educated immigrant women in Philippines, centered on the nuclear family, through literature reviews such as existing media reports, papers, books and reports, and then to analyze by using Colaizzi's phenomenological research methodology. Results. The results of this study were based on interviews with an elderly women who lives in a rural area and accepted a highly educated foreign daughter-in-law 10 years ago. The essential themes that fit into the context of the 4-existential grounds of Making an Inevitable Choice, Augmenting Conflicts, Expecting hope beyond the endless fence, Crisis in Crisis - Still my family Conclusions. Recently, interest in multicultural families and societies is growing, but there is little empirical study of the system for adopting international marriages, especially for rural mothers to live with foreign wives and to intake such cultural interactions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.239-259
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• 2016

An increasing number of transactions in the bilateral trade between Korea and China rely on collection and remittance, resulting in an increase in exporters' demand for trade financing. Therefore, there is a need to vitalize forfaiting transactions using drafts or promissory notes, which are based on the collections. In the forfaiting transactions, exporters transfer a payment claim to forfaiters on a non-recourse basis through a without recourse endorsement. However, forfaiters do not know importers' creditworthiness and ability to repay drafts or promissory notes; thus, they need a bank aval as a means of credit support. In forfaiting using aval, the drafts or promissory notes are transferred internationally. However, there is no internationally unified law that regulates drafts and promissory notes, and the governing laws related to such drafts and promissory notes do not accept the "principle of party autonomy." Therefore, there is no other choice but to apply the laws of a certain country, in the event of any dispute relating to such drafts or promissory notes. This paper examined forfaiting using aval from the comparative law perspective, focusing on the "Law of China on Negotiable Instruments." The results of this study may to provide businesses involved in international trade with practical guidance and assistance when using forfaiting with aval, especially in trade with China.