• Journal of Arbitration Studies
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• v.12 no.2
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• pp.93-114
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• 2003

The Federal Arbitration Act and the States Arbitration acts of the United States approve that the an arbitration clause should be construed broadly and the Courts interpreted it broadly without being curbed by the written meaning of clause itself. The Courts also divided the interpretation of arbitration clause from the interpretation of other clauses of contract to approve the validity of arbitration clause and further expanded the scope of arbitration. However, the Arbitration Act of Korea does not specify a general principle about how an arbitration clause should be interpreted. The Supreme Court did not have a case yet but the lower courts kept their posture that an arbitration clause should be clear by resulting narrow interpretation and should be written to the extent that it excludes the power of courts from jurisdiction. As a result, there would be cases that arbitration is not permitted although an arbitration clause exists. The parties intending arbitration are frustrated about how to draft an arbitration clause into their agreement. There were the cases that the parties which took the prevailing position attempted to delay dispute resolutions by dragging disputes into litigation even if they agreed to resolve through arbitration, on the basis that an arbitration clause was incomplete. Although the arbitration statutes of the United States cannot apply in Korea, the way of their approaches to the interpretation of arbitration clause can be taken into consideration in view of the globalization of arbitration.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.101-109
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• 2010

Under the Civil Code and related law in Korea, the liability for defects after delivery belongs to the Contractor. However, various disputes have occurred in relation to the remedy of such defects and the compensation for damages, which are the main liability of a contractor in the event of defects. Despite court decisions regarding defect liability, many problems prevail in the real world. For this reason, this working-level research considers the introduction of a performance warranty contract system. To establish the system successfully, it is necessary to analyze the trend of various warranty cases in the US. Therefore, the warranty system of the US was first examined, and the effect of acceptance, notification and burden of proof, remedies under warranty clauses, and default termination were investigated and analyzed in this study.

• International Commerce and Information Review
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• v.8 no.1
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• Annual Conference on Human and Language Technology
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• 2006.10e
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• pp.148-155
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• 2006

한국어 구문 분석에서 가장 어려운 작업들 중에 하나는 종속절의 의존관계 파악이다. 본 논문에서는 이를 해결하기 위해서 종속절의 의존관계를 걸을 구성하는 서술어부(동사와 어미)의 관련 정보의 유무에 따라 의존관계가 성립한다고 가정했다. 즉 각각의 절들의 서술부의 관련 정보의 유무로 보고, 이진 분류 문제로 이 문제를 해결하였다. 사용한 자질은 정적 자질(static feature)와 동적 자질(dynamic feature)를 구성되어 있다. 정적 자질은 동사와 어미에서 표면적인 어휘 정보이고 이는 단어, POS 테그 및 위치 정보들이다. 동적 자질은 문장에서 절이 가지는 문법적인 형태를 의미하고, 이를 추출하기 위해 간단한 규칙을 만들고 이를 바탕으로 CKY 차트 파서를 통하여 추출하였다. 기계학습 방법으로는 이진 분류 문제에서 널리 사용되는 SVM을 사용하였다. 실험 결과 어휘 정보들 중에서 어미의 정보만 사용하였을 경우는 64.4%의 정확도를 보였고 문법적인 정보인 동적 자질을 사용한 경우는 73.5%로 어휘 정보만을 사용한 경우 보다 9.1%의 성능 향상됨을 보였다

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1269-1277
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• 2016

European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.

• Language and Information
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• v.6 no.2
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• pp.1-14
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• 2002

This paper discusses so called the non-DP subject constructions in English. In general, a subject is a DP that bears Nominative case and that occupies 〔Spec, IP〕. However, in some examples under investigation, it looks as if non-DP categories such as Prepositional Phrases(PP), Adjectival Phrases(AP), Adverbial Phrases (AdvP), Small Clauses (PreP or SC), and VP occupy the canonical subject position, 〔Spec, IP〕. Under the framework of Chomsky's (1993, 1995) along with his previous works (Chomsky 1981, 1986), the Case Checking mechanism undoubtedly assumes that only DPs can have Case Therefore, the Case Checking/Agree mechanism is stated such that the strong uninterpretable feature, in this case Case feature (D or NP) feature must be checked off in a certain manner. Therefore, any phrasal categories other than DPs are not included in the considerations. Nonetheless, there are many instances of non-DP categories in English that occupy the seemingly canonical subject position, 〔spec, IP〕. In this paper, it is proposed that the actual position of these non-DP subjects in English is not in Spec of IP. Rather, they occupy 〔Spec, TopP〕 under CP in the sense of Lasnik & Stowell (1991), Rizzi (1997), and Haegeman & Gueron (1999). In its effect, therefore, this paper extends the idea of Stowell (1981) who argues that the clausal subjects in English is not in 〔Spec, IP〕, but in 〔Spec, TopP〕. We further argue that Stowell's version of Case Resistance Principle must be extended in order to accomodate many more occurrences of so called non-DP subjects.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.12 no.6
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• pp.1142-1147
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• 2008

In recent years, the efforts for standards of Web contents accessibility and the improvements of Web accessibility are expanded in the government, enterprises, and public institutions. In this paper, we examine the Korean Web contents accessibility guidelines, and propose the evaluation scheme for the education homepage by the Web accessibility guidelines using KADO-WAH program which is the evaluation tool for Web accessibility. Also, we propose the improvement scheme for education homepage by modifying the error and warning clauses directed in which are appeared in the evaluation report. And, we evaluate the various education homepages using KADO-WAH, and analyze the comparisons for the Web accessibility guidelines among the education homepages.

• Cross-Cultural Studies
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• v.49
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• pp.1-32
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• 2017

This paper discusses the structural and meaning features of causative from/for V-ing constructions as complement and provides insight on their grammatical characteristics revealed from alternation between prepositions for and from in nonfinite V-ing complement clause constructions. Guided by empirical data, this paper demonstrates that there are three types of syntactic patterns classified by the main verbs in these constructions and that these three syntactic types are closely linked with the meaning. These classifications are supported by the passivizations and aspect. In addition, this paper suggests that the function of for and from followed by nonfinite V-ing clause should be treated as a preposition introducing nonfinite V-ing clauses.

• The Korean Journal of Archival Studies
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• no.20
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• pp.33-75
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• 2009

After establishment of Records Act in 1999, we issued the all-out revision Act because of too much changing of records management environment. Even though the new Records Act has much reformed clauses, classified records management itself is not much improved. Under this present situation, this study analyze both Records Act and related Act to get an improved plan which would be applied at Records Center. Simultaneously, the case study of National Archives of Korea's ISP and Army Archives' can be useful research data. Finally, the study suggest that an improvement plan of classified records management process which is consist of three sub-process that are 'transfer step'-'retention and management step'-'service step'.

• Korea Trade Review
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• v.44 no.6
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.