• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.139-154
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• 1992

The Chicago-Bermuda system has been charaterizing international aviation order sine 1940's. Bilateralism was established as 'the' way of nogotiation in exchange of traffic rights among nations thanks to the system. The system was stable until new phenomena came into the scene. The orderly development of international aviation began to be threatened by a series of technological and commercial breakthroughs in the late 60's and 70's. Also, in the field of international aviation, aspiration of the newemerging third world countries was hightened and the emergence of an unified Europe was added to it. These caused worries on bilateralism as an efficient means of negotiation. New waves of multilateral(reginal or international) approaches have been conducted. Its formal discussion is accelerated by vigorous talk on multilateral liberalization of international trade in commodities and services, i.e., the Urguay Round. In this paper, we examine historical development of bilateralism and multilateralism in a perspective of political economy; changes in the international aviation industry, merits and demerits of the two regimes on competitiveness of negotiating partners. The ways Korea can respond to new changes are presented and compared and a tentative stance she can take is proposed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.49-69
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• 2017

Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

• The Journal of the Korean dental association
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• v.55 no.1
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• pp.53-62
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• 2017

As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.

• Transactions of Materials Processing
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• v.20 no.5
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• pp.377-386
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• 2011

During stamping processes, the air trapped between sheet metal and the die cavity can be highly compressed and ultimately reduce the shape accuracy of formed panels. To prevent this problem, vent holes and passages are sometimes drilled into the based on expert experience and know-how. CAE can be also used for analyzing the air behavior in die cavity during stamping process, incorporating both elasto-plastic behavior of sheet metal and the fluid dynamic behavior of air. This study presents sheet metal forming simulation combined simultaneously with simulation of air behavior in the die cavity. There are three approaches in modeling of air behavior. One is a simple assumption of the bulk modulus having a constant pressure depending on volume change. The next is the use of the ideal gas law having uniform pressure and temperature in air domain. The third is FPM (Finite point method) having non-uniform pressure in air domain. This approach enables direct coupling of mechanical behavior of solid sheet metal and the fluid behavior of air in sheet metal forming simulation, and its result provides the first-hand idea for the location, size and number of the vent holes. In this study, commercial software, PAM-$STAMP^{TM}$ and PAM-$SAFE^{TM}$, were used.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.121-142
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• 2006

With the advent of Ubiquitous era, Korean government understood its strategic importance and formulated 'IT839 Strategies' with various action plans not to miss the great opportunities which it may allow and eventually to realize u-Korea. As a result, m-Commerce is actualized and new types of Ubiquitous services such as digital multimedia broadcasting(DMB) and wireless broadband Internet(WiBro) are now on their commercial stages. Digital contents are the key success factors of these new services. Digital contents industry is regarded as next generation of growth engine in the digital economy, because it is knowledge-based and high value-added global industry affecting positively on the whole private and public sectors. This paper reviewed the characteristics, business models, technical and market trend of digital contents to be compatible with Ubiquitous environment. Also, it reviewed the development strategies of DMB and WiBro services, which are newly introduced and commercialized in Korea to make it as world leader in these fields. It may be concluded that Korea should make more efforts to development market-oriented digital contents for Ubiquitous era and to realize the sustained economic growth.

• 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.

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.19-47
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• 2015

International arbitration is an increasingly popular means of alternative dispute resolution for cross-border commercial transactions. The primary advantage of international arbitration over court litigation is enforceability. An international arbitration award is enforceable in most countries in the world. Especially, statistics indicate of ASEAN such as Malaysia and Singapore that the vast majority of defeated companies comply with the terms of international arbitral awards against them or settle soon after the award is rendered. Unlike Malaysia and Singapore, in Indonesia, there are several grounds for refusal of enforcement of an award including where both the nature of the dispute and the agreement to arbitrate do not meet the requirements set out in the Arbitration Law. Because Indonesia does not acknowledge decisions of foreign courts, theoretically they could enforce an international arbitral award which was set aside by the court in the seat of arbitration. This paper introduces the legal system and cases of recognition and enforcement of foreign arbitration awards in ASEAN, especially Malaysia, Singapore, and Indonesia. Secondly, by comparing their law and cases, the paper emphasized the international suitability and global fitness in involved in recognition and enforcement of foreign arbitration awards.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.53-76
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• 2017

Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

• Journal of Information Science Theory and Practice
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• v.8 no.3
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• pp.6-14
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• 2020

On information markets, we can identify different relations between sellers and their customers, with some users paying with money, some paying with attention, and others paying with their personal data. For the description of these different market relations, this article introduces the notion of arity into the scientific discussion. On unary information markets, customers pay with their money; examples include commercial information suppliers. Binary information markets are characterized by one market side paying with attention (e.g., on the search engine Google) or with personal data (e.g., on most social media services) and the other market side (mainly advertisers) paying with money. Our example of a ternary market is a social media market with the additional market side of influencers. If customers buy on unary markets, they know what to pay (in terms of money). If they pay with attention or with their personal data, they do not know what they have to pay exactly in the end. On n-ary markets (n greater than 1), laws should regulate company's abuse of money and-which is new-abuse of data streams with the aid of competition (or anti-trust) laws, and by modified data protection laws, which are guided by fair use of end users' attention and data.

• Korea Trade Review
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• v.43 no.6
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• pp.139-160
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• 2018

The purpose of this paper is to analyze how governments determine interim measures based on relevant case studies. In most countries, the arbitral tribunal will recognize the interim measures, but china still recognizes the court's own authority. This is inconsistent with international trend. Although the Arbitration Act and the Civil Procedure Act were amended in 2017, but there is no consistency between these laws and arbitration rules for interim measures. Therefore, this paper analyzes the attitude of the Chinese government to interim measures and suggests practical implications for international arbitration dispute resolutions. Understanding the advantages and disadvantages of temporary measures and timely use in China can play an important role in protecting the rights of Korean companies in commercial arbitration.