• Journal of Arbitration Studies
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• v.31 no.1
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.

• Korea Trade Review
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• v.45 no.1
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• pp.221-239
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• 2020

Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

• Korea Trade Review
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• v.45 no.1
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

• 한국벤처창업학회:학술대회논문집
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• 2017.04a
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• pp.42-42
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• 2017

There are lots of specialized graduate schools such as law school, medical school, business school. These specialized graduate schools has been designed to train the special experts practically from 1990s in Korea. For all that, there are no specialized graduate schools supported by the Small and Medium Business Administration(SMBA). So we will research the establishment plan of SME(Small and Medium Enterprise) specialized school for the development of SMEs. Recently, the SMBA supports the 2 types of graduate school such as the entrepreneurship graduate school and consulting graduate school. However, it is clear that these 2 types of schools are yet insufficient in terms of efficiency and redundancy. As the representative specialized graduate schools are law school and MOT(Management of Technology) in Korea, we do the comparative study with law school and MOT school. Through the comparative study, we can find some implication for SME specialized graduate school. As a result, the SME school has to need the training system such as the special master's and doctor's degree, over 3 year course work, daytime class, many practical professors, specialized programs with industry like the MOT school. In conclusion, we suggest that : First, the SME specialized graduate school has to be designed for potential SME consultants. Second, the entrepreneurship graduate school and the consulting graduate school can be integrated into the SME specialized school easily. Third, the SME specialized graduate school can have new educational models.

• Proceedings of the Korea Institute of Fire Science and Engineering Conference
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• 2008.04a
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• pp.25-28
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• 2008

Korean city had been rapid developed through high industrialization and rapid economic growth after the 1970's. The city development process was guaranteed the fulfillment of city function through the city expansion based on New Towns and satellite cities rather than the reformation of existing city. This city expansion caused by degrading of city, being backward and producing many problems. To solve this problems, it was considered the rehabilitation of retarded function with rejuvenation such as a special law accelerating urban renaissance and reorganization project. Also a fire protection performance did not satisfied the required conditions of modern FPP system, such as the function deterioration of building facilities, the technological development with FPP facilities, changed fire laws and building occupancy for social needs. Insufficiency of requirements depreciated the building value and intimidated a safety of residents. To solve this problem, the improvement of FPP was essentially required and also strongly recommended an analysis and a comparative study between the required FPP of existing building and it improving effective FPP. Therefore, purpose of this study is that establish the basic data to construct a system to analyze and compare the building FPP.

• Industry Promotion Research
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• v.5 no.3
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• pp.61-71
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• 2020

The purpose of this paper is to reaffirm the logical framework of the saju analysis method by recreating the saju model of old-law to study and organize the theories of frame in old-law Myeongri, and then by organizing and comparing the logic structure of the saju analysis method of new-law and old-law. Some believe that Myeongri Theory first appeared in the world in the Warring States Period when they were active with Gwigokja and Naknokja as origin, while others believe that it was origin that "Okjokyeong" was written by Kwak-Bak of Eastern Jin after a while. Since then, Myeongri Theory, which had been organized by Won-Cheongang and Yi-Heojung, has undergone a major transformation since reaching the Song Dynasty Seo-Japyeong. Based on this point, the Myeongri Theory of the previous generation is called the Old-law, and the subsequent theory is called the New-law. The changes in the logic structure of the old-law and the new-law leave a big difference and disconnect between those. But comparative studies have confirmed that the philosophy and logic structure due to natural laws that have not changed much such as the symbolic system of nature called Yinyang & five elements and Cheongan-jiji, the idea of a heavenly response projected in the Three Wonders of heaven, earth and human, and the concept of generation and time in the position of year-month-day-time.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.239-259
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• 2016

An increasing number of transactions in the bilateral trade between Korea and China rely on collection and remittance, resulting in an increase in exporters' demand for trade financing. Therefore, there is a need to vitalize forfaiting transactions using drafts or promissory notes, which are based on the collections. In the forfaiting transactions, exporters transfer a payment claim to forfaiters on a non-recourse basis through a without recourse endorsement. However, forfaiters do not know importers' creditworthiness and ability to repay drafts or promissory notes; thus, they need a bank aval as a means of credit support. In forfaiting using aval, the drafts or promissory notes are transferred internationally. However, there is no internationally unified law that regulates drafts and promissory notes, and the governing laws related to such drafts and promissory notes do not accept the "principle of party autonomy." Therefore, there is no other choice but to apply the laws of a certain country, in the event of any dispute relating to such drafts or promissory notes. This paper examined forfaiting using aval from the comparative law perspective, focusing on the "Law of China on Negotiable Instruments." The results of this study may to provide businesses involved in international trade with practical guidance and assistance when using forfaiting with aval, especially in trade with China.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.4
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• pp.485-501
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• 2023

Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.59-81
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• 2001

There are two methods of quantifying the damages when the contract is avoided. One is 'concret' assessment, the other is 'abstract' assessment. The former looks to the actual cost incurred by the aggrieved party in concluding a contract for the substitute transaction, while the latter is based on the market price. The concrete method of assessment forms the starting point in the Civil Law systems. In the Common Law systems, it is likewise available. The aggrieved party is entitled to recover the difference between the cost of cover or (as the case may be) the proceeds of resale and the contract price. Both systems also recognize the abstract method of assessment. If the aggrieved party does not resell or cover, damages are equal to the difference between the price fixed by the contract and the market price. The CISG and the UNIDROIT Principles recognize expressly both concrete and abstract methods. Under the relevant articles, the aggrieved party can recover the damages assessed by one of the methods as well as any further damages such as loss of profit, incidental and consequential damages.