• The Journal of the Convergence on Culture Technology
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• v.7 no.1
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• pp.134-139
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• 2021

This paper discusses the types and functions of English subordinate clauses, whether English subordinate clauses (SC) are headed by a Complementizer (CP) or headed by a lexical (but not functional) Preposition (PP). Furthermore, unlike the standard classification, the current paper provides a finer-grained analysis and classification of English SCs. The traditional or prescriptive view on the functions of English SCs includes Noun SC such as complement clauses, Adjectival SC including relative clauses, and Adverbial SCs that cover a garden variety of subordinators. Added to the existing classification of subordination in English is what I notate as Verbless subordinate clause (V-less SC). Of these 4 different types of subordinate clauses with different functions, properties, and distributions, Subjectless Verbless subordinate clause is further divided into Smallest small clause (SSC) which accounts for English subordination mechanism more uniformly and consistently with respect to their clausal architecture, especially when the subordinate clause is neither PP nor CP.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.101-110
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• 2022

Recently, the global construction market is expected to grow at an annual average of 4.8% by 2025 and the risk of overseas construction is also expected to increase accordingly. In particular, domestic construction companies intensively participated in the EPC(Engineering, Procurement, Construction)/Turnkey project, but as a result of failing to respond to contractual risks, they have suffered losses of trillions of won in overseas business since 2013. Nevertheless, there have been not many studies on the derivation of EPC/Turnkey's contractual key risk sub-clauses. Therefore, in this study, the key risk sub-clauses were studied for the conditions of the 2017 Silver Book contract issued by the International Consulting Engineering Federation(FIDIC). To this end, 30 experts with more than 10 years of experience in international construction contracts were formed as a panel to conduct a Delphi survey on 170 sub-clauses of 21 clauses of FIDIC Silver Book to derive 62 main risk sub-clauses. In addition, the RPN(Risk Priority Number) was finally calculated using the FMEA(Failure Mode and Effect Analysis) technique, and 25 key risk sub-clauses within the Critical Risk range were derived. Through the results of this study, the practical point of view is able to refer to the contract provisions to be carefully reviewed at the bidding and contract signing stage in overseas construction projects. From an academic point of view, it provides direction and basic knowledge of how to study the contract fields used in overseas construction EPC/Turnkey projects.

• Proceedings of the Korean Society for Language and Information Conference
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• 2002.02a
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• pp.237-248
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• 2002

This paper investigates the internal structure of finite small clauses (FSC). I will propose that a FSC is base-generated at Spec-CP and a null operator is involved to check the formal features of the embedded T and turn a sentence into a predicate.

• Korean Journal of Cognitive Science
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• v.19 no.1
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• pp.1-15
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• 2008

Analyzing of dependency relation among clauses is one of the most critical parts in parsing Korean sentences because it generates severe ambiguities. To get successful results of analyzing dependency relation, this task has been the target of various machine learning methods including SVM. Especially, kernel methods are usually used to analyze dependency relation and it is reported that they show high performance. This paper proposes an expression and a composit kernel for dependency analysis of Korean clauses. The proposed expression adopts a composite kernel to obtain the similarity among clauses. The composite kernel consists of a parse tree kernel and a liner kernel. A parse tree kernel is used for treating structure information and a liner kernel is applied for using lexical information. the proposed expression is defined as three types. One is a expression of layers in clause, another is relation expression between clause and the other is an expression of inner clause. The experiment is processed by two steps that first is a relation expression between clauses and the second is a expression of inner clauses. The experimental results show that the proposed expression achieves 83.31% of accuracy.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.99-123
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• 2018

Korean businesses engaging in transactions with U.S. entities are increasingly favoring arbitration clauses to address unexpected disputes. How best ought the parties' arbitration contractual terms be drafted to avoid lengthy, protracted and expensive legal disputes? Authors examine the public policy favoring arbitration through the U.S. Federal Arbitration Act. Korean litigants seeking a "Motion to Compel Arbitration" rely on arbitration clauses designed to address four factors U.S. courts use to evaluate the enforceability of arbitration contract clauses. What role does U.S. state court jurisdiction hinder or help Korean businesses contracting with U.S. business entities located within certain boundaries? What is the effect of an arbitration clause that designates the Korean Commercial Arbitration Board in Seoul to arbitrate? All cases analyzed entail Korean business entities. Eleven cases demonstrate the results of seeking motions to compel arbitration in U.S. courts. Three cases illustrate motions to compel arbitration drafted to use the Korean Commercial Arbitration Board in Seoul. The results provide Korean businesses and legal practitioners insight into addressing the specific goals of including contractual arbitration clauses to enhance their international commercial interests in the United States.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.567-588
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• 2016

Korea-China FTA and Korea-U.S. FTA are the most significant FTA in volume and economic effect for Korea's perspective. Developed countries have dealt with environmental issues one of the main issues in FTA negotiation, while developing countries have been reluctant to it. Both Korea-China FTA and Korea-U.S. FTA have separate environment chapter respectively. A separate environment chapter was firstly introduced in Korea-U.S. for Korea's perspective. Both environment chapters provide high level of environment protection, recognition of multilateral environmental agreements, enforcement of environmental laws, and environmental cooperation. Both environment chapters require that each party make effort to improve environmental laws and measures. Korea-China FTA provides establishment a "Committee on Environment and Trade", and Korea-U.S. FTA provides establishment a "Environment Council" to oversee the implementation of environment clauses. Korea-China FTA and Korea-U.S. FTA have very similar provisions on environment and trade, and are expected to contribute to enhancing environment protection. However, a lot of provisions are somewhat declaratory rather than mandatory. Therefore, further environmental cooperation is encouraged to achieve the goals and objectives of the environment clauses and FTA.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.239-255
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• 2009

The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.137-157
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• 2002

The clauses of bill of lading(B/L) consist of the terms of contract for the carriage of goods by sea because of clauses of B/L by the mutual agreement of contracting parties. There are some exempted cause of deviation clause in B/L for specific reasons. Then deviation clauses are influenced by Rules of international carriage of goods by sea, because the international rules become the governing law of contract for the carriage of goods by sea. The problem of deviation clauses in B/L is stipulated as follows. "It shall be prerequisite to the Merchant' claim for damages on account of deviation that the merchant's insurance shall first have been cancelled on account of alleged deviation. No deviation shall oust the right to limit liability or damages, and the Carrier shall always be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading and incorporated tariffs." This stipulation should be adjusted according to the confirmed cases, otherwise it will be invalid according to the Hague Rules and Hamburg rules. The sphere of a reasonable deviation in the deviation clause should be interpreted in the connection with the designed voyage and the commercial object of contract for the carriage of goods by sea and the deviation become valid unless the policy, the general object of international rules or the true intention of contracting parties has violated.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.115-151
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• 2003

As international trade and commerce increases among the nations in the world, it is inevitable fact that disputes rise as well. As these transactions grow more complex, it becomes increasingly important to resolve disputes and conflicts as quickly, efficiently and formatively as possible. In practical commercial affairs, we call a variety of international commercial troubles ‘trade claims’, Trade claims consist of disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with their contracts, or for the breach thereof. Trade claim should be instituted promptly, otherwise it may be barred by prescription. Also, the other party will not accept the claim by reason of loss of evidence. In this connection, it should be noted that how long the claim prescription would continue. Trade claim should be settled reasonably and amicably between the parties concerned. And if both parties do not reach an agreement through their negotiation, then the claim shall be settled finally by binding arbitration. For the purpose of managing trade claim and arbitration, the trading parties insert in their contracts claim and arbitration clauses. This paper will examine some judicial precedents concerning claim clauses which are closely connected with a time limit of the claim It will also review some famous precedents rendered by the competent courts in connection with the wording, scope and implied renewal of arbitration clauses.

• Korean Journal of English Language and Linguistics
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• v.4 no.2
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• pp.117-149
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• 2004

The paper is to argue against the asymmetric CP-V2 analysis of Old English, according to which finite verbs invariably undergo movement into a clause-final T within subordinate clauses and reach the functional head C within main clauses. The asymmetric CP-V2 analysis, first of all, faces difficulty in explaining a wide range of post-verbal elements within subordinate clauses. To resolve the problem, the analysis has to abandon the obligatoriness of V-to-T movement or introduce various types of extraposition whose status is dubious as a legitimate syntactic operation. Obligatory V-to-T movement in Old English lacks conceptual justification as well. Crosslinguistic evidence reveals that morphological richness in verbal inflection cannot entail overt verb movement. Moreover, the operation is always string-vacuous under the asymmetric CP- V2 analysis and has no effect at the interfaces, in violation of the principle of economy. The distribution of Old English finite verbs in main clauses also undermines the asymmetric CP-V2 analysis. Conceptually speaking, a proper syntactic trigger cannot be confirmed to motivate obligatory verb movement to C. The operation not only gets little support from nominative Case marking, the distribution of expletives, or complementizer agreement but also requires the unconvincing stipulation that expletives as well as sentence-initial subjects result from string-vacuous topicalization. Finally, textual evidence testifies that Old English sometimes permits non-V2 ordering patterns, many of which remain unexplained under the asymmetric CP-V2 analysis.