• Title/Summary/Keyword: Commercial Law

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The Basic Study on the development of rail industry (철도산업의 발전방향에 관한 기초 연구)

  • 이용상
    • Journal of the Korean Society for Railway
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    • v.7 no.4
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    • pp.374-390
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    • 2004
  • In this paper, I illustrate the situations and problems rail industry is faced with. The rail industry has been suffering deficiency in investment with low technical level. Lacks of strategic marketing plans and low competitiveness in the industry led to a small portion of modal share, estimated at 12.6% in 2001(person base). Recently, rail industry has caught up with the current flow of changes. For example, a prototype of Korea high speed train had been manufactured to be successfully tested on commercial track. And the amount of rail investment increased gradually. The rail industry of EU nations, America, Japan reveals good outcomes, which keeps the balance in the black thanks to growth of investment in rail and high technical level. I have come up with some ideas for improvement, which I believe will be helpful to lead the rail industry. First, I suggest the upbringing of rail industry and technology on a national level. Second, expanding the rail network with the rail modernization. Lastly, I think it is crucial to establish a law and institution before we advance into overseas markets.

A Constructive Study on the Carriers Liability Clauses of the Liner Bill of Lading (정기선용(定期船用) 표준선하증권상(標準船荷證券上)의 해상운송인(海上運送人) 책임약관(責任約款)에 관한 해석논적(解釋論的) 고찰(考察))

  • Kim, Jin-Kwon
    • Journal of the Korean Institute of Navigation
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    • v.25 no.3
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    • pp.283-296
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    • 2001
  • As a matter of fact, the document which has been developed to resolve the obvious conflicts between the interests of buyer and seller is the bill of lading. The bill of lading provides the seller with some security against default by the buyer and the buyer with some assurance of performance of the seller before the buyer is required to make payment. So to speak, the B/L provides some extent protection for both seller and buyer. This is a study on the construction of Liner Bill of Lading(Code name : CONLINEBILL) adopted by BIMCO(The Baltic and International Maritime Conference) and is using a basic bill of lading in the liner ships operation. In this study, the writer makes a wider and deeper study of rights of rights and obligations of Contract Parties by means of the rules of construction, specially focusing the Carriers liability under Carriage of Goods by Sea Act 1971(COGSA 1971), Hague-Visby Rules and Korea Commercial Law.

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Prediction of the Film Thickness Variation through Film Insert Thermoforming (필름 인서트 열성형 시 필름 두께분포 예측)

  • Kim, G.Y.;Lee, K.O.;Kang, S.S.
    • Proceedings of the Korean Society for Technology of Plasticity Conference
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    • 2008.05a
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    • pp.281-284
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    • 2008
  • Film insert melding is one of the surface processes that enhances functional or aesthetic qualities of an existing product's surface. In general, film insert molding consists of three processes including thermoforming, trimming and injection molding. Thermoforming, which is the first process of film insert molding, is the most important process because the variation of film thickness has an effect on the mold design and process conditions for the subsequent processes, that are, trimming and injection molding. This study is focused on predicting the film thickness distribution through film insert thermoforming process using commercial FEM code. In order to describe rheological behavior of thermoplastic film (ABS), G'Sell's viscoelastic constitutive law was adopted. The numerical model of film insert thermoforming was established, and the simulation to predict film thickness distribution was performed. Comparison between the results of simulation and experiment was made to validate the proposed finite element analysis.

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Study on the Integration Stability and the Accuracy of Some Friction Models for the Dynamic Analysis Using Recurdyn (RecurDyn을 이용한 동적 해석 시 마찰모델에 따른 적분 안정성 및 정확성 연구)

  • Yoo, Hong-Hee;Lee, Jun-Hee
    • Transactions of the Korean Society for Noise and Vibration Engineering
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    • v.18 no.11
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    • pp.1111-1117
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    • 2008
  • During the dynamic analysis of a system, the Coulomb friction law is emploved to calculate the friction force. Since the static friction coefficient is only employed during the zero relative velocity, it is impractical to employ the coefficient during the dynamic analysis. To calculate the static friction force, therefore, some friction models have been developed. In this study, the integration stability and the accuracy of the models are investigated with some numerical examples. The effect of time step size during the numerical integration is also investigated. The numerical study shows that the friction model employed for most commercial codes is not as good as the one proposed in this study.

Understanding the commercial significance of geographical indications and the implications for Korean kimchi through the example of Columbian coffee (콜롬비아 커피의 지리적 표시 활용 전략을 통해 본 지리적 표시의 상업적 의의와 김치의 지리적 표시제 개선 방향)

  • Song, YoungJoo
    • Food Science and Industry
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    • v.54 no.4
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    • pp.268-277
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    • 2021
  • A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. This paper explores ways to protect Korean goods as GIs in the U.S. and EU by examining the efforts of the Colombian Coffee Federation (FNC) to protect Colombian coffee. The FNC enhanced the global awareness of Colombian coffee and increased the profits of Colombian coffee producers by registering Colombian coffee as a certification mark in the U.S. and as a GI under the EU's quality schemes. The Korean government protects kimchi under its own GI system. For kimchi products to earn the label "Korean kimchi," the three main ingredients must be produced in Korea. This has been a challenge for kimchi producers, who often rely on imported ingredients. Korea could learn from FNC's strategies to improve the current GI system for kimchi.

The Role of Electronic Arbitration in the Settlement of Disputes of International Trade Contracts

  • ETESAM ALABD S. ALWHEEBE;ABDULLAH MUSHKUS ALMUTAIRI
    • International Journal of Computer Science & Network Security
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    • v.24 no.3
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    • pp.29-37
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    • 2024
  • Resorting to electronic arbitration to resolve disputes in international trade contracts is the most important reflection of technological progress on the reality of international commercial arbitration. Electronic is a modern image of traditional arbitration, and this type of arbitration provides many advantages that are not provided by any legal system for resolving disputes, including speed, effectiveness and lower costs. What will this development produce? Through technical progress in the means of communication, it has become conceivable that international trade dealers agree to arbitration via electronic means of communication, followed by the completion of the arbitration process via the Internet, leading to the issuance of the electronic arbitration award in an electronic manner as well.

Hydrogen and E-Fuel Production via Thermo-chemical Water Splitting Using Solar Energy (국제 공동 연구를 통한 태양에너지 활용 열화학 물분해 그린 수소 생산 연구 및 E-fuel 생산 연구 동향 보고)

  • Hyun-Seok Cho
    • New & Renewable Energy
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    • v.20 no.1
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    • pp.110-115
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    • 2024
  • Global sustainable energy needs and carbon neutrality goals make hydrogen a key future energy source. South Korea and Japan lead with proactive hydrogen policies, including South Korea's Hydrogen Law and Japan's strategy updates aiming for a hydrogen-centric society by 2050. A notable advance is the solar thermal chemical water-splitting cycle for green hydrogen production, spotlighted by Korea Institute of Energy Research (KIER) and Niigata University's joint initiative. This method uses solar energy to split water into hydrogen and oxygen, offering a carbon-neutral hydrogen production route. The study focuses on international collaboration in solar energy for thermochemical water-splitting and E-fuel production, highlighting breakthroughs in catalyst and reactor design to enhance solar thermal technology's commercial viability for sustainable fuel production. Collaborations, like ARENA in Australia, target global carbon emission reduction and energy system sustainability, contributing to a cleaner, sustainable energy future.

A study on Operation Rules of Korean Air Defence Identification Zone (한국 방공식별구역 운영규칙에 관한 고찰)

  • Kwon, Jong-Pil;Lee, Yeong H.
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.189-217
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    • 2017
  • Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

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Discussion by UNCITRAL for Development of International Commercial Conciliation and Arbitration Systems (국제상사조정 및 중재제도 개선에 관한 UNCITRAL 논의동향)

  • Lee, Kang Bin
    • Journal of Arbitration Studies
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    • v.10 no.1
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    • pp.3-25
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    • 2000
  • At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

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A Study on the Limitation on the Right of Public Performance in the Individual Watching Cinematographic Works in Public Libraries (공공도서관 영상저작물 관내열람의 공연권 제한에 관한 연구)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.46 no.3
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    • pp.133-155
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    • 2012
  • Article 29 in the copyright law of Korea, public performance and broadcasting for non-profit purposes will be revised. The copyright agency has tried to impose copyright fees on the use of cinematographic works such as DVDs in public libraries. The paper studied that the individual watching cinematographic works in public libraries is included in the concept of public performance in the copyright law. Also, the study conducted a survey on the situation of use of cinematographic works in public libraries. As a result of the study, watching DVDs in facilities for 1~3 persons in public libraries could be included in the concept of public performance. But the main purpose of most of DVD users was for circulation or reading. The library service for individual DVD watching will therefore not affect the commercial income of the copyright holders. Finally the study suggested that if the service for the individual watching of cinematographic works in libraries is included in the concept of public performance, the copyright law needs to be revised so that the service is included in the exception to the right of public performance.