• Title/Summary/Keyword: Commercial Practice

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Promoting Arbitration System in The Era of Digital Economy (디지털 경제시대의 중재제도 활성화 방안)

  • Kang Lee-Soo
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.3-25
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    • 2005
  • The companies' management strategies of the electronic commerce market are different from those of the traditional market. The main difference between the electronic commerce market and the traditional market is an IT network system which is a companies' management strategies in the electronic commerce market. This study focuses on the examination and analysis of the companies' management strategies which are constituted through influence on the effectiveness of the IT network system in the electronic commerce market and Promoting Arbitration System in The Era of Digital Economy this study is to introduce several alternative policies of the Government and companies to such formated IT network system of the electronic commerce market in the future. It's also suggested that the Korean Commercial Arbitration Board (KCAB) fully cover consideration and arbitration, while KCAB for Electronic Commerce activates its proper role of consulting and ad hoc arbitration by using electronic information. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR operation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate. The paper points out the last one as the most desired practice. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

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A Study on the Role of Party Autonomy in Commercial Arbitration (상사중재에 있어서 당사자자치의 역할)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.3-26
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    • 2009
  • This paper is to research on the role of party autonomy in the decision of applicable law for the arbitral proceeding, arbitral award and arbitration agreement, in the decision of the place of arbitration, in the composition of arbitration tribunal, and the choice of arbitral proceedings. The principle of party autonomy is fundamental to arbitration in general and to international arbitration in particular. Generally the tenn of party autonomy is used as the autonomy of the parties to decide all aspects of an arbitration procedure subject only to certain limitations of mandatory law. Party autonomy permits the parties to a commercial arbitration to choose the laws and make the rules which govern the arbitral proceedings. Party autonomy allows the parties freedom to choose the applicable laws for the arbitral proceeding and the place of arbitration. Party autonomy is recognized in relation to the choice of law for the merits of the dispute as well as for the arbitration agreement and the arbitration procedure. On the basis of the recognition of party autonomy in international treaties, national legislation and court decisions, arbitral practice has generally accepted and enforced party autonomy both regarding the procedure and the applicable substantive law. All modern institutional rules of arbitration follow that line. Today it is recognized by national legislators all over the world to the effect that the jurisdiction of national courts can be excluded by arbitration agreement and that the parties may choose the law applicable to arbitral proceedings. Limits on party autonomy are imposed by mandatory provisions of international or national law or of institutional arbitration rules regarding the procedure. Mandatory laws at the place of the arbitration or under any procedural law chosen by the parties may restrict party autonomy. These mandatory laws usually take the form of public policy considerations in the arbitration. Limitations on party autonomy have been reduced more and more, and the trend of modern national as well as international legislation on arbitration leans clearly in the direction of a maximum of party autonomy.

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An Overview of the ADR Act of 2004 in the Philippines - Focused on the Adoption of the UNCITRAL Model Law - (필리핀의 2004년 대체적 분쟁해결법 소고 - UNCITRAL 모범법의 수용과 관련하여 -)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.197-227
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    • 2009
  • This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.

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Quality Evaluation of Five Commercial Enzyme Linked Immunosorbent Assay Kits for Detecting Aflatoxin B1 in Feedstuffs

  • Sun, Dan-Dan;Gu, Xu;Li, Jun-Guo;Yao, Ting;Dong, Ying-Chao
    • Asian-Australasian Journal of Animal Sciences
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    • v.28 no.5
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    • pp.691-696
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    • 2015
  • The objective of this study was to evaluate the quality of five commercial enzyme linked immunosorbent assay (ELISA) kits (A, B, C, D, and E) from different suppliers for detecting aflatoxin $B_1$ ($AFB_1$). $AFB_1$-free corn samples supplemented with different levels of $AFB_1$ (5, 10, and $20{\mu}g/kg$) were used as positive controls and 6 replicates of each control sample were tested to evaluate the accuracy and precision of these kits. In addition, we also evaluated the performance of these ELISA kits for $AFB_1$ in 30 feed samples, including corn, distillers dried grains with soluble, wheat samples, soybean meal, and poultry feed, which were verified by high performance liquid chromatography. Results showed that the coefficients of variation ranged from 1.18% to 16.22% in intra-plate and 2.85% to 18.04% in inter-plate for the determination of $AFB_1$. The half maximal inhibitory concentration for five kits ranged from 3.72 to $7.22{\mu}g/kg$. The quantitation limits of $AFB_1$ were all under the legal limit in China but somewhat inconsistent with kit instructions. Although the recovery rate of four of the five kits were either less than 90% or more than 110%, all these values were acceptable in practice. Two kits had high false positive rates (C and E). In conclusion, our results revealed that the qualities of five tested ELISA kits were significantly different.

Genetic Parameters and Responses in Growth and Body Composition Traits of Pigs Measured under Group Housing and Ad libitum Feeding from Lines Selected for Growth Rate on a Fixed Ration

  • Nguyen, Nguyen Hong;McPhee, C.P.
    • Asian-Australasian Journal of Animal Sciences
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    • v.18 no.8
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    • pp.1075-1079
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    • 2005
  • The main objective of this study is to examine genetic changes in growth rate and carcass composition traits in group housed, ad libitum fed pigs, from lines of Large White divergently selected over four years for high and low post-weaning daily gain on a fixed but restricted ration. Genetic parameters for production and carcass traits were also estimated by using average information-restricted maximum likelihood applied to a multivariate individual animal model. All analyses were carried out on 1,728 records of group housed ad libitum fed pigs, and include a full pedigree of 5,324 animals. Estimates of heritability (standard errors in parentheses) were 0.11 (0.04) for lifetime daily liveweight gain (LDG), 0.13 (0.04) for daily carcass weight gain (CDG) and 0.28 (0.06) for carcass backfat (CFT). Genetic correlations between LDG and CDG were highly positive and between LDG and CFT negative, suggesting that selection for lifetime daily gain under commercial conditions of group housing with ad libitum feeding would result in favourable improvement in carcass traits. CFT showed negative genetic correlations with CDG. Correlated genetic responses evaluated as estimated breeding values (EBVs) were obtained from a multivariate animal model-best linear unbiased prediction analysis. After four years of divergent selection for 6 week post-weaning growth rate on restricted feeding, pigs performance tested on ad libitum feeding in groups exhibited changes in EBVs of 6.77 and -9.93 (g/d) for LDG, 4.25 and -7.08 (g/d) for CDG, and -1.42 and 1.55 (mm) for CFT, in the high and low lines, respectively. It is concluded that selection for growth rate on restricted feeding would significantly improve genetic performance and carcass composition of their descendants when group housed and ad libitum fed as is a common commercial practice.

QUALITY OF KOREAN GINSENG DRIED WITH A PROTOTYPE CONTINUOUS FLOW DRYER USING FAR INFRARED RAY AND HEATED-AIR

  • Park, S. J.;Kim, S. M.;Kim, M. H.;Kim, C. S.;Lee, C. H.
    • Proceedings of the Korean Society for Agricultural Machinery Conference
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    • 2000.11b
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    • pp.388-395
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    • 2000
  • This study was performed to examine the effects of infrared (IR)/heated-air combination drying on some quality attributes of Korean white ginsengs. Ginseng roots were dried in a dryer where both the far infrared ray and heated-air are available as drying energy sources. Diametral shrinkage, external color, total saponin content, and ginsenosides and free sugar composition of the IR/heated-air combination dried ginsengs were measured and compared with those of commercial white ginseng products. The external color became lower in lightness and higher in saturation as the IR radiating plate temperature increased. IR/heated-air combination dried white ginsengs at IR plate temperature of 100$^{\circ}C$ was comparable to the commercial white ginseng products in color characteristics. Diametral shrinkage ratios ranged from 20 to 36% and appeared to be independent on the different drying methods. No definite evidence could be found whether the IR/heated-air combination drying and the conventional. hot-air drying practice resulted in white ginsengs having different ginsenoside contents and compositions. No conclusion could be made on whether the various drying treatments used in the study had effects on the free sugar contents and compositions of white ginsengs.

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Trends in the Technology and Market of Membrane Bioreactors (MBR) for Wastewater Treatment and Reuse and Development Directions (하.폐수 처리용 MBR 분리막 기술 및 산업동향과 발전방향)

  • Cho, Il Hyoung;Kim, Ji Tae
    • Membrane Journal
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    • v.23 no.1
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    • pp.24-44
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    • 2013
  • The MBR technology has evolved rapidly over the past two decades with significant gains in performance and reliability, and reductions in costs. Membrane bioreactors (MBR) technology is widely recognised as offering a key option for enhanced wastewater treatment or reuse. The objective of this paper is then to critically review the remarkable achievement on the research and commercial applications of membrane bioreactor (MBR) technology and to present current and potential MBR markets on a global scope. This brief review of the technology incorporates five key aspects : 1) evolution of MBR practice, 2) the commercial technologies of MBRs, 3) the largest MBR installations globally (e.g. > $10,000m^3/day$), 4) MBR market growth, and 5) directions for future research. Finally, the development directions of economical, environmental and technical aspects in MBRs; 1) investment costs; 2) effluent water quality; 3) membrane materials and modules; 4) MBR equipment and treatment process; 5) operating costs (higher energy & chemical consumption); and 6) sustainability such as anaerobic MBRs in the coming years were addressed.

An Empirical Study on Trade Claim Management from a Relational Perspective

  • Yu, Cheon
    • Journal of Korea Trade
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    • v.23 no.6
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    • pp.14-32
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    • 2019
  • Purpose - This study is designed to provide new insights on trade claim management by typifying trade claims from a relational perspective, which defines trade as an organic combination that exchanges relationships based on a mutual goal instead of conflicts between obligations and rights of the contracting parties. Design/methodology - This is a phenomenological study that aims to typify trade claims based on a relational perspective and extract implications for trade claim management. The research procedures of this study are as follows. First, international commercial dispute cases applying the CISG are collected. Second, the cases collected are quantified through content analysis. The variables for quantification are developed based on a relationship perspective. Third, cluster analysis is conducted on coded data to typify cases. And finally, this study compares the characteristics of each type using analysis of variance and suggests implications for the strategic management of trade claims from a relational perspective. Findings - Results show that trade claims are divided into four clusters, depending on whether flexibility is accepted or not and which party violates mutuality. There is also a difference between the claimant and the cause of the claim, according to the cluster. Based on the results, this study suggests that the buyer and the seller should employ different strategies depending on the type of trade claim and presents proposals for strategic claim management. Originality/value - Firstly, this study extends the theoretical discussion on trade claims by applying relational contract theory. Prior studies on trade claims have been primarily based on traditional contract theory. The second is to analyze trade claims quantitatively. Prior case studies on trade claims have mainly relied on qualitative research. Finally, the study contributes to international commercial practice by typifying trade claims and presenting options for strategic management.

The association between meal regularity and weight loss among women in commercial weight loss programs

  • Eom, Haram;Lee, Dongmin;Cho, Yoonkung;Moon, Junghoon
    • Nutrition Research and Practice
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    • v.16 no.2
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    • pp.205-216
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    • 2022
  • BACKGROUND/OBJECTIVES: While many obesity studies have pointed out the importance of meal regularity, few have conducted empirical analyses using data from food diaries. We examined the association between meal regularity (i.e., meal time regularity [MTR] and calorie intake regularity [CIR]) and weight loss. SUBJECTS/METHODS: We collected food diary data from 637 women who had participated in commercial weight loss programs for 28-168 days (4-24 weeks). This study defined "meal regularity" in terms of two concepts: MTR and CIR. MTR refers to how regularly people eat their meals (i.e., at certain times each day), whereas CIR refers to how regularly people consume a certain amount of calories at each meal. We conducted multiple regression analyses. RESULTS: MTR (model 1: β = -2,576.526, P < 0.001; model 2: β = -1511.447, P < 0.05; model 3: β = -1,721.428, P < 0.05) and CIR (model 1: β = -1,231.551, P < 0.01; model 2: β = -2,082.353, P < 0.001; model 3: β = -1,343.490, P < 0.01) turned out to be significant determinants of the amount of weight loss in breakfast, lunch, and dinner contexts. While meal regularity (i.e., MTR and CIR) was significantly associated with weight loss, daily calorie intake from meals was not significantly associated with the amount of weight loss (model 1: β = 0.13, P > 0.05; model 2: β = 0.11, P > 0.05; model 3: β = 0.14, P > 0.05). Subjects who consumed an equal amount of calories per meal throughout the day lost more weight than those who did not (model 4: β = -3,675.51, P < 0.001). CONCLUSIONS: Eating each meal (i.e., breakfast, lunch, and dinner) at a certain time every day may increase weight loss success. Also, consuming the same amount of calories at each meal may help weight loss success.

A Proposal for Research Process of Botanical Drug based Clinical Traditional Korean Medicine - Historical Evidence-Based Medicine II - (한의학임상에 기초를 둔 천연물신약 연구과정에 대한 소고 - 역사적 근거 발굴부터 천연물신약 임상시험계획승인신청까지 -)

  • Eom, Seok-ki;Kim, Se-hyun;Kim, Kyung-suk;Park, Sang-jae;Eo, Wan-kyu;Choi, Won-cheol
    • Journal of Korean Medical classics
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    • v.23 no.4
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    • pp.63-102
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    • 2010
  • Purpose : To propose various types of clinical research which is feasible for botanical new drug (IND) development processes, and suggest essential steps to development of study protocol for IND. Methods : Literature-based discussions and one research group's experience is given regarding domestic act, regulation, and system. Results : In order to get an approval of IND for botanical drug in Korea there are several types of clinical research to conduct. In quality control steps for standardized medicinal herbs, case reports or case series can be conducted, and for good manufacturing practice(GMP) steps, we can conduct case reports, case series, and retrospective cohort studies. In addition, as long as we gathered good laboratory practice(GLP) data we can conduct up to quasi-experimental studies and clinical trials including investigator initiated trials. In order to conduct these studies development of study protocol is essential. First, we obtain historical evidence including target disease and indication, efficacy, safety, and endpoints by reviewing medical classics. Second, we obtain clinically and statistically important data by conducting non-clinical studies, observation studies, and quasi-experimental studies. Third, we generate research hypotheses and purposes and explore methodologies, endpoints, clinical practice guidelines, cost-effectiveness, and commercial potential. Finally, we develop study protocol with aid of biostatistician or expert in contract research organization. Discussions and conclusions : This study have obvious limitations in that most thoughts, suggestions, and proposes are from one research group's experience. Therefore, we hope to see various types of research in this topic and process from other research group as well.