• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.46 no.12
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• pp.1056-1069
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• 2018

In order to promote the commercial space activities of the private sector, the Trump Administration announced the commercial space regulatory reforms by issuing the Space Policy Directive-2 (SPD-2) on May 24, 2018, followed by the SPD-3 dealing with a separate issue of the space traffic management on June 18. Both executive orders, based on the recommendations prepared by the National Space Council (NSC) reconstituted in June 2017 and signed by the President, involve regulatory reform policy related to launch services, commercial remote sensing, establishment of one-stop shop office in Commerce Department, radio frequency spectrum, export control, and space traffic management, providing a strong guidance to the Federal Government. The commercial space regulatory reform policy can be seen in broader terms of the National Security Strategy earlier announced on Dec. 18, 2017, and as such, it pursues the economic growth of the U.S. and the national security as well. The U.S. law and policy prioritizing its national interests by promoting commercial space activities may lead to concerns and debate on the potential breach of the provisions of the Outer Space Treaty. Hence, it is worth noting the legal implications as derived from the U.S. space policy and domestic legislation, thereby accelerating international discussion to build on international norms as appropriate to the pr ogress of space technology and space commercialization.

• Journal of Distribution Science
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• v.9 no.2
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• pp.37-47
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• 2011

Our distribution industry still lacks legal and institutional supplementary frameworks. Therefore, we urgently need systematic supporting schemes for targeting small merchants, including those in traditional markets. In 2004, the scope of and target for traditional markets took shape through the enactment of the 'Special Act for Nurturing the Traditional Markets'. Though restricted to a single market, it expanded the target and scope to include markets and stores, market improvement districts, and business improvement districts. However, the Special Act for Nurturing the Traditional Markets, the criterion for the revitalization of and support for the traditional market, applies a uniform standard. Accordingly, the Special Act for Nurturing the Traditional Markets has revealed problems, such as the deficit of legitimate ideas about unregistered markets. This study identifies the problems with the Special Act for Nurturing the Traditional Markets. We take the Moranjang case as an example. This study offers the problems new insight. We discuss the problems in terms of their empirical reality. We focus on unregistered markets, which are not protected by law. Most previous studies have applied empirical methods, but this study also provides legal and institutional perspectives on the prospect for efficient outcomes by applying the normative study methods applicable in the field.

• Korean Journal of Food Science and Technology
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• v.10 no.2
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• pp.173-180
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• 1978

The sensory test and analysis of the proximate composition and hydroxyproline content of 4 kinds of Korean commercial sausage products (Beef, Hamburger, Frank, Hotdog) were carried out and the results were compared one another. The qualities of these sausage products were compared one another. The qualities of these sausage products were compared on the basis of the nutritive value of foreign sausages and according to the Korea Food Law. The results obtained were as follows. 1. The general conclusion drawn from the results of the proximate analysis was that the average composition of commercial sausages was adequate in view of the limits set by the Food Law. 2. The evaluation factors of sausages based on moisture-to-protein and protein-to-fat ratios were proposed tocompare the qualities of Korean commercial sausages with those of foreign commercial sausages. 3. Content of collagen as connective tissues in total protein of Korean commercial sausages were $2.1{\sim}15%$. The results of the present study appeared to suggest that meat contents of Korean commercial sausages used in this study were less than those of foreign sausages. 4. Among the 4 different kinds of sausages studied the qualities of Frank sausages were the best whereas those of Hotdog sausages were of the lowest quality. Beef sausages appeared better than Hamburger sausages from the view point of nutritive components.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.77-95
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• 2007

This article focuses on the history and evolution of the US court's attitude towards unilateral arbitration and dispute resolution clauses, but also considers the practical approach of national courts to theses clauses. It goes on to consider some potential pitfalls in the operation of unilateral clauses, which should be borne in mind when developing a strategy for bringing or defending a claim which falls within the scope of a unilateral clause. There can be few objections to the general validity of unilateral arbitration clauses. The principle of party autonomy is the driving force behind international arbitration and, provided it is tolerably clear that the parties intended the arbitration clause to operate unilaterally, courts should be reluctant to interfere with the parties' agreement. There are also no persuasive public policy reasons why such clauses should not be upheld in commercial agreements. In addition to the issue of whether such unilateral clauses are permissible under certain law, it is important to be aware of how they should properly operate in practice, that is, useful guidance on the subject of the proper operation and effect of such clauses where they are intended to be used to enable a party to decide whether, and in what circumstances, a claim should be referred to court or to arbitration.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.14 no.7
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• pp.1729-1736
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• 2010

Government ships, the ships owned by a state and operated for non-commercial purposes (hereinafter, government ships) are entitled to sovereign immunity. In accordance with sovereign immunity under traditional international law, states enjoy immunity from the jurisdiction of courts of another state. Sovereign immunity is the general principle accomplished through judicial cases and international treaties since the 19th century. The problem is that the restriction of jurisdiction on foreign government ships in Korean jurisdictional waters is a considerable threatening factor on the maritime security situation. In spite of dubious intention of foreign government ships, the counter measures should be limited because of sovereign immunity.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.121-143
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• 2001

Arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of defined legal relationship, whether contractual or not. Arbitration has become increasingly popular in settling international and domestic commercial disputes nowadays. The importance of arbitration agreement cannot be overemphasized. It is the most reasonable way to settle commercial disputes. There are two types in arbitration agreement. one is arbitration clause, the other is submission agreement. The arbitration agreement must be made in writing, in addition, other communication instruments shall be considered as effective arbitration agreement if they are properly documented. Over the past few decades, a considerable number of studies have been conducted on the legal property of arbitration agreement in Germany and Japan. Its legal property is aspect of substantial law contract. The basis of arbitration agreement is the principle of party autonomy. The important effect of arbitration agreement is to preclude jurisdiction from national court. The respondent shall raise a plea not later than when submitting his first defense on the merits of the action. As positive effect of arbitration agreement, the court must support the conduct of arbitral proceedings and arbitrator can be appointed upon request of a party.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.157-181
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• 2011

The term of defense procurement is used indifferently from defence acquisition. It consists of two sectors : domestic defense procurement and foreign defense procurement. For efficient and transparent defense procurement, Defence Acquisition Program Law in Korea suggests some principles including the purchase of domestically manufactured munitions in the first instance, and the Defense Acquisition Program Administration(DAPA)'s direct procurement of munitions, etc. By reviewing the characteristics, process, current situation and model contracts of defense procurement, it is found that domestic procurement contracts only propose the legal approach instead of arbitration and foreign procurement contracts suggest confusedly both the legal approach and arbitration for amicable disputes settlement. Therefore, it is quite recommended for arbitration organizations such as the Korean Commercial Arbitration Board(KCAB), the Korean Arbitrators Association(KAA), and the Korean Association of Arbitration Studies(KAAS) to foster a variety of strong awareness campaign, education and consulting programs, etc. for the popular use of arbitration clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby reducing the costs, time and pains for solving them.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• Culinary science and hospitality research
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• v.14 no.4
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• pp.119-133
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• 2008

This study researched the effect of initial expenses for food service business and shop characteristics on the motive of starting business through questionnaires(from April to May, 2008). The results are as follows. First, for the hypothesis, 'the motive of starting business depends on its initial expenses', the significance probability of good commercial area was .015 and that of retirement was .020, showing statistically significant difference. F values were 2,889 and 2.734 each, which showed significant difference by 0.001. Second, for the hypothesis, 'the motive of starting business depends on shop characteristics', the significance probability of the accomplishment desire, the future stability and the retirement were .011, .009, and .025 each, showing statistically significant difference. F values were 2,616, 3.034 and 3.177 each, showing significant difference by .001. Lastly, initial expenses for business and shop characteristics showed significant difference according to the demographical variables on the motive of starting business. This study shows the problem of starting business with no extra funds. It is important to reflect the opinions of founders about the commercial building lease protection law for them to concentrate on business. The founders should research for menu and systems and be aware of the tendency of the industry for sure.