• Title/Summary/Keyword: Commercial Act of Korea

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

Study for Improvement of Domestic System through Regulation based on Comparison of Green Building Certification System Analysis - Focused on the G-SEED, BREEAM

  • Hyun, Eun-Mi;Kim, Yong-Sik
    • KIEAE Journal
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    • v.15 no.1
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    • pp.13-20
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    • 2015
  • The main purpose of the green buildings by reducing energy consumption and carbon footprint of the building society, global as to ensure the sustainability of the building and the environment. These regulations and schemes are used to activate the green buildings were made on the basis of the relevant laws and regulations. Mainly in the research for the improvement of the domestic institutional assessment items, the analysis of the legislation was fundamentally focused on Scoring the incomplete state. The analysis based on the laws and regulations of the institution is the way to know the purpose and direction of the respective certification. This study was performed in the following order to target the new commercial buildings. First, the analysis of the geungeobeop G-SEED and BREEAM. Second, we analyze the content and method of building energy performance in the certification system. As a result, Green Building Act is broad in relation to the composition of the contents are building for the activation energy green building and EPI is dealt with in an abstract and presented the applicability of such documentary content of insulation and airtightness, efficient machine. In contrast, the UK has been directly limit the carbon footprint of buildings in the Building Regulations Part L and evaluate them in BREEAM. This analysis of the ways to reduce substantially the energy for domestic green building regulations should be addressed through the feed.

A Study on Technology Commercialization of Indoor Floor Advertising Lighting Devices Applicable to Advertisements and Disaster Situations (광고 및 재난상황에 적용 가능한 실내용 바닥광고 조명장치의 기술사업화 방안 연구)

  • Kwang-Soo Kim;Woon-Seek Lee
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.3
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    • pp.32-40
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    • 2023
  • Recently, there are some outdoor floor advertising lighting devices as one of the active marketing methods. However, for outdoor use, there are many restrictions due to the Outdoor Advertisement Act, according to requiring high-output heat generation, waterproofing, and AC power, etc. The purpose of this study is to develop a Duo Light product optimized for indoor use through publicity and information guidance in normal times and automatic evacuation route guidance display in case of disaster, in conjunction with disaster safety. To that end, patent search and patent association analyses were conducted, and a comparative analysis with commercial products was conducted as a case study. In addition, prototypes were designed and produced through the review of operation principles, where field environment surveys and self-tests were conducted. Also, technology roadmaps were presented by preparing plans for expandability and advancement of products. For the analysis of technology commercialization, the feasibility of technology commercialization was examined through the analysis of Jolly's Model and Lean Canvas Model. The results of this study will be able to contribute to minimize human damage through the effective response to disasters, which can increase the effect of indoor advertising by using the proposed indoor floor advertising lighting device in advertising and disaster situations.

Hierarchized Male Sexuality in Modern England and "Solitary Vice" (근대 영국에서의 위계화된 남성 섹슈얼리티와 "홀로 저지르는 죄악")

  • Gye, Joengmeen
    • Journal of English Language & Literature
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    • v.54 no.4
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    • pp.443-459
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    • 2008
  • This paper examines the discourse of masturbation in modern England and aims to re-draw the map of male sexuality related to such issues as nation, empire, family, and economy. It argues that the discourse of masturbation in modern England reflects national anxieties for the future of empire and an economic concern for unproductive sexual behavior, which were the main factors to transform masturbation into "solitary vice." The anxieties about empire and British dominance were constituted as the core of the anti-masturbation discourse on the boys. The imperial destiny was regarded to depend on the protection of the middle- and upper-class boys from the harmful psychological and physiological effects of masturbation represented in Lawrence's "The Rocking-Horse Winner." In the case of a single male, the concern for masturbation is constructed as a concern about economy, family, and human solidarity. As seen in Eliot's Silas Marner, the act of masturbation was condemned as the fulfillment of illegitimate sexual desire outside the familial sphere and a commercial economy, and thus without the possibility of human community. Silas Marner and Meredith's The Ordeal of Richard Feverel show the ways of reconstituting sexual others as normalized subjects: Boys were forced to be asexual through the regime of surveillance; and a single male was required to enroll in a remedial course on familial respectability.

Appointment of Arbitrators and the Role of the Court (중재인 선정과 법원의 역할에 관한 연구)

  • Park, Won-Hyung;Kim, Cheol-Ho
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.49-65
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    • 2010
  • The expanded role of courts in arbitral procedures is said to have certain detrimental effects on the cost-effective approach to arbitration. This is the case when the court is appointing an arbitrator, pursuant to the specific domestic legal regime. The danger of decisions, especially those with expanded role of courts can create delays and hurdles. Even with contradictory viewpoints, the role of the court should complement the arbitral tribunal and not impede the functioning of arbitration independent of the judicial system. In this paper, two recent cases in Korean Supreme Court are reviewed, trying to find the proper implications on further arbitration practices especially in the stage of arbitrator appointment. Even though the proper appointment of arbitrators is essential to the existence of valid arbitration proceedings, appointment of arbitrators by the courts should constitute an administrative power, and not a judicial power. The cases reviewed make clear that the court must play a facilitative role in international commercial arbitration by assisting the parties in appointing the arbitral tribunal, the court intervention must be kept to a minimum.

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College Students' Perception toward Nutrition Information at University Dining Services (대학급식 영양정보 표시에 관한 대학생의 인식 조사)

  • Ham, Sunny;Jeong, Jinyi;Kim, Seongjin
    • Journal of the Korean Society of Food Culture
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    • v.30 no.4
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    • pp.432-438
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    • 2015
  • The purpose of menu labeling is to offer eating environments with improved healthy food selection. Similar to U.S. policies, the Korea government enforces the Special Act on Children's Food Safety and Nutrition for provision of nutritional labeling in chain restaurants. Considering the importance of dining services for college students and their interests in health, this study examined college students' perception toward nutrition information provided by university dining services. A survey was conducted for university students. Students' recognition of nutrition information for university dining services was lower than recognition of nutrition information for commercial food services. The most common reason cited by students for considering nutrition information of university dining services was customer rights, followed by health maintenance. Students showed a high tendency to use nutrition information of university dining services. College students' motivation for knowing nutrition information of university dining services included health and value interests. Students' knowledge of nutrition had a positive effect on their intention to know nutrition information. The findings of this study offer university administrators and contract food service management companies directions for developing menu labeling for university dining services.

A Study on the "Annulment" of ICSID Arbitration Award - Focused on Comparison with the Arbitration Act of Korea - (ICSID 중재판정의 취소에 관한 연구 - 우리 중재법과의 비교를 중심으로 -)

  • Kim, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.133-158
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    • 2008
  • The purpose of this article is to examine the "Annulment" of ICSID Arbitration Award. Most of the international conventions provide for arbitration as the preferred method of dispute settlement. In general they either provide for ad hoc arbitration under the UNCITRAL Rules or under the rules of an acceptable arbitration institution, e.g. ICC, AAA, LCIA and in particular ICSID. The most distinctive feature of ICSID arbitration is the self-contained and exhaustive nature of its review procedures. Unlike other arbitration regimes, control is exercised by internal procedures rather than by the courts. Remedies against the award are limited to those provided for in the Convention and do not include court involvement. Especially, the annulment of the ICSID award by an ad hoc committee must be considered as jeopardizing ICSID Arbitration because it clearly depart from the current trends of international commercial arbitration which limits any kinds of judicial review and excludes any kinds of review on the merits. I wish that the future decisions of the ad hoc committees will restore a narrow scope to the ICSID procedure of annulment in order not to endanger the ICSID Arbitration mechanism.

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Comparative Study on the Standards of Internal and External Materials of Each Country for Fire Safety of Buildings (건축물의 화재안전설계를 위한 각국의 내·외장재 기준 비교 연구)

  • Huh, Ye-Rim;Kim, Yun-seong;Lee, Byeong-Heun;Kwon, Young-Jin
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2021.05a
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    • pp.170-171
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    • 2021
  • In Korea, the concentration of cities has led to the high-rise and deep-rise of buildings. In the case of such high-rise buildings, there is a high risk of fire, and the number of internal fires expanding to the outside continues to increase. The Korean Building Act continues to change the ban on combustible exterior materials, and combustible exterior materials are currently not available for buildings with three stories or more than 9 meters, and detailed test standards for finishing materials are also strengthened after the Ulsan residential and commercial fires in 2020. However, the path of fire in the actual building is through a series of processes in which the fire in the compartment grows internally and expands through openings supplied with ventilation factors. Therefore, other than just external materials, design criteria for embedded materials also need to be established. The purpose of this study is to compare standards for internal and external materials at home and abroad and to secure basic data for fire safety design of buildings based on them.

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Behavior of Concrete/Cold Formed Steel Composite Beams: Experimental Development of a Novel Structural System

  • Wehbe, Nadim;Bahmani, Pouria;Wehbe, Alexander
    • International Journal of Concrete Structures and Materials
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    • v.7 no.1
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    • pp.51-59
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    • 2013
  • The use of light-gauge steel framing in low-rise commercial and industrial building construction has experienced a significant increase in recent years. In such construction, the wall framing is an assembly of cold-formed steel (CFS) studs held between top and bottom CFS tracks. Current construction methods utilize heavy hot-rolled steel sections, such as steel angles or hollow structural section tubes, to transfer the load from the end seats of the floor joist and/or from the load-bearing wall studs of the stories above to the supporting load-bearing wall below. The use of hot rolled steel elements results in significant increase in construction cost and time. Such heavy steel elements would be unnecessary if the concrete slab thickening on top of the CFS wall can be made to act compositely with the CFS track. Composite action can be achieved by attaching stand-off screws to the track and encapsulating the screw shank in the deck concrete. A series of experimental studies were performed on full-scale test specimens representing concrete/CFS flexural elements under gravity loads. The studies were designed to investigate the structural performance of concrete/CFS simple beams and concrete/CFS continuous headers. The results indicate that concrete/CFS composite flexural elements are feasible and their structural behavior can be modeled with reasonable accuracy.

Unresolved Issues in Patent Dispute Evidence in Australia: Considering Arbitration as an Alternative to Litigation

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
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    • v.26 no.3
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    • pp.121-147
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    • 2016
  • Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.