• Title/Summary/Keyword: Commercial Law

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A Study on the Possibility of Introducing Arbitration Program to Consumer Dispute Resolution System (소비자분쟁해결제도에 중재제도 도입가능성에 관한 연구)

  • Park, Sung -Yang
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.73-94
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    • 2009
  • There are significant differences between disputes among enterprises and disputes between consumers and an enterprise. A majority of consumers may suffer from the same damages at the same time with small amount concerned and sometimes low chances for find the real cause. Among these distinctive features, the most significant characteristic in consumer-business disputes can be found in that consumers are in a disadvantageous position compared to businesses. When it comes to consumer policy, the biggest aim lies with turning back the damage a consumer is suffering into normalcy. In this regard, the Consumer Dispute Resolution System is the most essential among consumer policies. In Korea, the Collective Alternative Dispute Resolution (ADR) System was introduced to the Consumer Dispute Resolution System in 2007 in line with revision on the Consumer Basic Law. However, smooth damage redress for consumers is still not taking place. Against this backdrop, this report suggests that 'consumer arbitration' program should be introduced to the Consumer Dispute Resolution System as part of making good and smooth progress for consumer damage redress.

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A Study on Drone's Liability on Flight in South Korea

  • Kwak, Young-Am
    • Journal of Distribution Science
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    • v.14 no.3
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    • pp.5-10
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    • 2016
  • Purpose - This paper analyzed the accident of drone and related insurance goods which can be coverable with regard to drone accident. The study range is limited in the owner's care, custody, and the control of drone in South Korea, but military area and law and regulation of the drone would be exceptional. Research design, data, and methodology - With regard to drone's flight, drone can make possible risks and can give severe damage to the people. To carry out this research, literature survey and review such as journal, thesis and publications were adopted. Results - As for the insurance coverage from drone's accident involved in the purpose of business, insurance coverage depends on 'commercial general liability insurance'. However, in case of personal hobby including leasure intention, insurance coverage depends on 'living liability insurance'. Conclusions - From a drone's accident, operator and owner of the drone may face the property damage to the drone itself, and then can give severe damage or loss to the people such as physical injuries and property damage. Peoples should be concerned about having the awareness of drone's accident with insurance coverage.

Prediction of Air Pocket Pressure in Draw Die during Stamping Process (드로우 금형의 에어포켓 수축에 따르는 내부공기 압력예측에 대한 연구)

  • Koo, Tae-Kyong;Hwang, Se-Joon;Park, Warn-Gyu;Oh, Se-Wook
    • Transactions of the Korean Society of Automotive Engineers
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    • v.16 no.6
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    • pp.10-18
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    • 2008
  • Metal stamping is widely used in the mass-production process of the automobile industry. During the stamping process, air may be trapped between the draw die and the panel. The high pressure of trapped air induces imperfections on the panel surface and creates a situation where an extremely high tonnage of punch is required. To prevent these problems, many air ventilation holes are drilled through the draw die and the punch. The present work has developed a simplified mathematical formulation for computing the pressure of the air pocket based on the ideal gas law and isentropic relation. The pressure of the air pocket was compared to the results by the commercial CFD code, Fluent, and experiments. The present work also used the Bisection method to calculate the optimum cross-sectional area of the air ventilation holes, which did not make the pressure of the air pocket exceed the prescribed maximum value.

The Analysis on Causal Relationship between Business Startup Education and Entrepreneurial Intention

  • Hwang, Gyu-Sam;Kim, Hye-Sook;Park, Dae-Sub
    • Journal of Distribution Science
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    • v.15 no.3
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    • pp.27-37
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    • 2017
  • Purpose - The current study analyzes the effect of business startup education on business startup education satisfaction and entrepreneurial intention. Also, it attempts to discover if business startup confidence plays a moderating role between business startup education satisfaction and entrepreneurial intention. Research design, data, and methodology - The survey was conducted for approximately 60 days, from July 20, 2016 to September 20, 2016, and distributed to 300 restaurant founders who started their business through business startup education provided by Korea Food Service Industry Association in Seoul, Kyungki and Incheon or existing business founders. Results - Per multiple regression analysis of business startup education and business startup education satisfaction, among business startup education, all law, entrepreneurship, commercial power analysis, and practical education have significantly positive effect. Per simple regression analysis of business startup education satisfaction and entrepreneurial intention, business startup education has significantly positive effects on entrepreneurial intention. Business startup education satisfaction and business startup confidence interaction show that they do not have a moderating role between business startup education satisfaction and entrepreneurial intention. Conclusions - Setting up theoretical reasoning, this study supports conclusions drawn by prior studies: business startup education has significantly positive effects on business startup education satisfaction and entrepreneurial intention.

Material modeling of steel fiber reinforced concrete

  • Thomee, B.;Schikora, K.;Bletzinger, K.U.
    • Computers and Concrete
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    • v.3 no.4
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    • pp.197-212
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    • 2006
  • Modeling of physically non-linear behavior becomes more and more important for the analysis of SFRC structures in practical applications. From this point of view we will present an effective, three-dimensional constitutive model for SFRC, that is also easy to implement in commercial finite element programs. Additionally, the finite element analysis should only require standard material parameters which can be gained easily from conventional experiments or which are specified in appropriate building codes. Another important point is attaining the material parameters from experimental data. The procedures to determine the material parameters proposed in appropriate codes seem to be only approximations and are unsuitable for precise structural analysis. Therefore a finite element analysis of the test itself is used to get the material parameters. This process is also denoted as inverse analysis. The efficiency of the proposed constitutive model is demonstrated on the basis of numerical examples and their comparison to experimental results. In the framework of material parameter identification the idea of a new, indirect tension testing procedure, the "Modified Tension Test", is adopted and extended to an easy-to-carry-out tension test for steel fiber reinforced concrete specimens.

A Study on The effect of Set aside Arbitral award made abroad (중재지인 외국에서 취소된 중재판정의 효력에 관한 고찰)

  • 김명엽
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.103-122
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    • 2004
  • Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

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Documents to Produce for the Recognition and Enforcement of Arbitral Awards (중재판정의 승인.집행을 위하여 제출할 서류)

  • Lee, Ho-Won
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.141-164
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    • 2013
  • The current Korean Arbitration Act (KAA) ${\S}37(2)$ requires that a formal copy of an arbitral award or a duly certified copy thereof and the original arbitration agreement or a duly certified copy thereof be produced for the recognition and enforcement of a arbitral award. But as the KAA provides that the recognition and enforcement of a foreign arbitral award to which the New York Convention applies shall be granted in accordance with the Convention, the duly authenticated original award should be produced instead of a formal copy in that case. The provision on the documents to produce for the recognition and enforcement of an arbitral award is set to establish a reasonable and transparent standard and to facilitate the recognition and enforcement of awards by prohibiting parochial refusal of the recognition and enforcement on the grounds of formalities. Therefore it is necessary to simplify those documents according to the internationally acknowledged standard. It would be desirable to amend KAA ${\S}37(2)$ to require only "the original arbitral award or a copy thereof" without authentication or certification and a translation into Korean without any condition, adopting the 2006 amendment to the UNCITRAL Model Law on International Commercial Arbitration.

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Determination of Buprenorphine in Raw Material and Pharmaceutical Products Using Ion-pair Formation

  • Amanlou, Massoud;Khosravian, Peghah;Souri, Effat;Dadrass, Orkideh Ghorban;Dinarvand, Rasoul;Alimorad, Mohammad Massoud;Akbari, Hamid
    • Bulletin of the Korean Chemical Society
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    • v.28 no.2
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    • pp.183-187
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    • 2007
  • A simple and sensitive extractive spectrophotometric method has been described for the determination of buprenorphine either in raw material or in pharmaceutical formulations. The developed method is based on the formation of a colored ion-pair complex (1 : 1 drug/dye) of buprenorphine and bromocresol green (BCG) in buffer pH 3 and extracting in chloroform. The extracted complex shows absorbance maxima at 415 nm. Beer's law is obeyed in the concentration range of 1.32-100.81 μ g mL-1. The proposed method has been applied successfully for the determination of drug in commercial sublingual tablets and injectable dosage form. No significant interference was observed from the excipients commonly used as pharmaceutical aids with the assay procedure.

A Comparative Study on the Duty of Disclosure and Warranty in Marine Insurance Contract (해상보험계약에 있어서 고지의무와 워런티)

  • 박은경
    • Journal of Korea Port Economic Association
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    • v.19 no.1
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    • pp.89-112
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    • 2003
  • In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, 1 want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.

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A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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