• Title/Summary/Keyword: Commercial Law

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A case study on the arbitration awards canceled by Korean Supreme Court (중재판정이 대법원에 의해 취소된 사례연구)

  • Shin, Han-Dong
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.33-56
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    • 2011
  • Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

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PULSATILE FLOW SIMULATION OF A NON-NEWTONIAN FLUID THROUGH A BIFURCATION TUBE USING THE CFD ANALYSIS (CFD를 이용한 분지관 비뉴턴 해석)

  • Hwang, D.;Yoo, S.S.;Park, H.K.
    • 한국전산유체공학회:학술대회논문집
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    • 2008.03a
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    • pp.177-180
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    • 2008
  • The objective of this study is to get simulation data about pulsatile flow of a non-Newtonian fluid through a bifurcated tube. All the process was based on CFD method, with a commercial FVM code, SC/Tetra ver. 6.0 for solving, and with CATIA R16 for generating geometries. To define a non-Newtonian fluid, the following viscous models are used; the Powell-Eyring model, the modified Powell-Eyring model, the Cross model, the modified Cross model, the Carreau model, the Carreau-Yasuda model and the modified Power Law model. The flow calculation data using each model were compared with the other data of a existing paper. Finally, the Carreau model was recognized to give the best result with the SC/Tetra code, and the succeeding simulations are made with the model. For the pulsating flow condition, the sine wave type velocity profile is given as the inlet boundary condition. To investigate the effect of geometries and mesh, the pre-test is carried out with various curvature conditions of the bifurcated corner, and then with various mesh conditions. The final process is to calculate flow variables such as the wall shear stress (WSS) and the wall shear stress gradient (WSSG). To validate all the result, the simulation is compared with the existing data of the other papers. Generally speaking, there is a noticeable difference in the maximum and minimum value of WSS. It is not sure that the values in each data are on the exactly same location. However, the overall trend is similar. The next study needs to investigate the same situation by experimental method. Furthermore, if the flow is simulated with more pulsatile conditions, more data of flow field through a bifurcated tube could be achieved.

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A Suggestion on the Traffic Flagger System in Japan (일본 교통유도 경비제도의 시사점)

  • Kim, Il-Gon
    • Proceedings of the Korea Contents Association Conference
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    • 2010.05a
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    • pp.200-203
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    • 2010
  • The obstructive factors of the smoothly running traffic are street improvement, major commercial buildings like department stores, the large markets, the stadiums, the concert buildings, a lot of steady cars for using parking lot. The accident of cost many lives and traffic congestion from these factors cause the result that it enables to pay the enormous expenditure socially and financially. For solving these problems, Japan adopts the Traffic Flagger System in 1972. This task has the effects of improving traffic flow in the traffic jam and mitigating risk of car accidents as leading pedestrians and vehicles thereby the task carries into effect in the area where the accident took place. Moreover, this security task is rapid growth after adopting and 59.6%(5,317) of the whole security company 8,924 in Japan based on December 2009 registered as the traffic leading security business. While South Korea is demanded of the measures about obstructive factors of the smoothly running traffic, it represents the limitation of the system and the safety management. Thus the current study suggests the we will analyze South Korea's actual condition and then discuss the law and education system for a realizable plan reached the public-Private cooperation for adopting Japan's Traffic Leading Security System.

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PULSATILE FLOW SIMULATION OF A NON-NEWTONIAN FLUID THROUGH A BIFURCATION TUBE USING THE CFD ANALYSIS (CFD를 이용한 분지관 비뉴턴 해석)

  • Hwang, D.;Yoo, S.S.;Park, H.K.
    • 한국전산유체공학회:학술대회논문집
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    • 2008.10a
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    • pp.177-180
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    • 2008
  • The objective of this study is to get simulation data about pulsatile flow of a non-Newtonian fluid through a bifurcated tube. All the process was based on CFD method, with a commercial FVM code, SC/Tetra ver. 6.0 for solving, and with CATIA R16 for generating geometries. To define a non-Newtonian fluid, the following viscous models are used; the Powell-Eyring model, the modified Powell-Eyring model, the Cross model, the modified Cross model, the Carreau model, the Carreau-Yasuda model and the modified Power Law model. The flow calculation data using each model were compared with the other data of a existing paper. Finally, the Carreau model was recognized to give the best result with the SC/Tetra code, and the succeeding simulations are made with the model. For the pulsating flow condition, the sine wave type velocity profile is given as the inlet boundary condition. To investigate the effect of geometries and mesh, the pre-test is carried out with various curvature conditions of the bifurcated corner, and then with various mesh conditions. The final process is to calculate flow variables such as the wall shear stress (WSS) and the wall shear stress gradient (WSSG). To validate all the result, the simulation is compared with the existing data of the other papers. Generally speaking, there is a noticeable difference in the maximum and minimum value of WSS. It is not sure that the values in each data are on the exactly same location. However, the overall trend is similar. The next study needs to investigate the same situation by experimental method. Furthermore, if the flow is simulated with more pulsatile conditions, more data of flow field through a bifurcated tube could be achieved.

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Numerical Analysis on Semi-Solid Forging and Casting Process of Aluminum Alloys (알루미늄합금의 반용융 단조 및 주조공정에 관한 수치해석)

  • 강충길;임미동
    • Transactions of Materials Processing
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    • v.6 no.3
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    • pp.239-249
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    • 1997
  • The behaviour of alloys in the semi-solid state strongly depends on the imposed stress state and on the morphology of the phase which can vary from dendritic to globular. To optimal net shape forging of semi-solid materials, it is important to investigate for filling phenomena in forging process of arbitrarily shaped dies. To produce a automotive part which has good mechanical property, the filling pattern according to die velocity and solid fraction distribution has to be estimated for arbitrarily shaped dies. Therefore, the estimation of filling characteristic in the forging simulation with arbitrarily shaped dies of semi-solid materials are calculated by finite element method with proposed algorithm. The proposed theoretical model and a various boundary conditions for arbitrarily shaped dies is investigated with the coupling calculation between the liquid phase flow and the solid phase deformation. The simulation process with arbitrarily shaped dies is performed to the isothermal conditions of two dimensional problems. To analysis of forging process by using semi-solid materials, a new stress-strain relationship is described, and forging analysis is performed by viscoelastic model for the solid phase and the Darcy's law for the liquid flow. The calculated results for forging force and filling limitations will be compared to experimental data. The filling simulation of simple products performed with the uniform billet temperature(584$^{\circ}C$) from the induction heating by the commercial package MAGMAsoft. The initial step of computation is the touching of semi-solid material with the end of die gate and the initial concept of proposed system just fit with the capability of MAGMAsoft.

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Alternative Dispute Resolution for TV Format Disputes (TV포맷 분쟁에 대한 대체적 분쟁해결 방안)

  • Lee, Jae-Kyoung
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.27-44
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    • 2016
  • The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

A Study on Legal Issues and Arbitration Appropriateness with Exclusive Contract of Entertainment Management (연예인 전속매니지먼트계약의 법적 쟁점과 중재적합성에 관한 연구)

  • Choi, Seung-Soo;Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.49-72
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    • 2009
  • Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

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Development of Coffee Production and Land Mobility in Dak Lak, Vietnam (베트남 닥락지역의 커피재배와 토지유동성)

  • Kim, Doo-Chul;Hoang, Truong Quang
    • Journal of the Economic Geographical Society of Korea
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    • v.16 no.3
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    • pp.359-371
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    • 2013
  • Vietnam is the second-largest coffee exporter in the world. Most of the coffee areas are concentrated in Dak Lak-a province of commercial agricultural production, making up 32.4% of the total coffee area in Vietnam. At present, coffee is the main income source for the province, with coffee accounting for 85% and 40%(2010) of the export value of the province and of the country, respectively. Although the rapid development of Dak Lak's coffee production significantly benefits the province and its coffee planters socioeconomically, emerging urgent problems such as land dispute among ethic groups need to be addressed. This paper aims to examine how coffee-production development in Dak Lak has affected land mobility. In addition, we consider how these changes have affected the livelihoods of the Kinh-the majority ethnic group in Vietnam-as well as the ethnic minorities. As a result, it is pointed out that the coffee development in Dak Lak creates the individual ownership on land. This ownership is more and more fortified when the encroaching land of the Kinh immigrants happens impetuously defying the customary law of the ethnic minorities.

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Effect and Acculturation of Korean Animation by Policy of Korean Culture (한국애니메이션에 있어 문화정책의 영향과 그 변용 -1960~1980년대 중반, 반공애니메이션을 중심으로-)

  • Kim, Jeung-Yeun;Kim, Jae-Woong
    • The Journal of the Korea Contents Association
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    • v.7 no.12
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    • pp.55-65
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    • 2007
  • The commercial value of the Korean animation was developed by the government's policies of revitalizing reform and national harmony from 1960 to the middle of 1980. Especially, the character of the anti communistic animation was organized by the structure of confrontation between South (good) and North (evil). The confrontation was viewed by communism and liberal democracy by red and white (or blue) and a pig or a boy. Such ideology and the policy of Korean culture gave some impact on its culture, for example, movie and animation. The animation became the tool of educating the idea of anti-communism and the policy of Korean culture by firming the policy of anti communism. But that animation of anti communism must not be blamed because it is a general animation of Korea which describes the reality. We have to take a hard view of the time and reconsider it by the new point of view.

The Structural Relationship between Area Activation and Complex Development of Railway Station Area (철도역세권 복합개발과 지역 활성화의 구조적 관계)

  • Choi, Soo-Beom;Lee, Joo-Hyung
    • The Journal of the Korea Contents Association
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    • v.16 no.4
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    • pp.594-603
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    • 2016
  • This study analyzed that introduction function and program how influence about quality of life local resident and development of region according to real development. Also, it suggested policy implications of area activation plan through complex development of railway station area. In research method, the factor and structure affecting area activation in complex development of railway station area analyzed positively using the PLS structural equation focused on citizen near station area. As a result of study, in regional economic vitalization, the factors of software(marketing support, transfer system support, plan and design support, complex development support, law institution improvement, etc) and the factors of hardware(traffic function, information exchange function, commercial business function, housing features, amenity function, etc) are represented to influence significantly and then, in quality of life of local resident, the factor of hardware analyzed to influence significantly, but the factor of software and network did not. In comparison, the factor of network is represented that it did not contributed in regional economic vitalization and quality of life of local resident. So, political supplementations are needed.