• Journal of Arbitration Studies
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• v.31 no.4
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• pp.137-160
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• 2021

The customized cosmetics preparation management qualification system was implemented in March 2020, and it served to create jobs by developing professionals and vitalizing the cosmetics business. However, various problems such as high examination fees, suitability of questions, and utilization in industries are emerging. This paper attempts to prevent disputes that the system can cause and suggest ways to improve it by researching customized cosmetics, the industry status, and comparing foreign cosmetics laws. There is a kind of opinion that laws should be eased for this industry and the other opinion that expertise is necessary in this field because of safety. The system now has adverse effects due to a failure to adjust the difficulty of the exam. Cosmetics are not prescription-based, so they are routinely used. However, some toxic ingredients can cause side effects if they do not conform with certain standards. Also, it is difficult for a case to lead to lawsuits because most consumer damages related to cosmetics are individual. In addition, as e-commerce develops, there is a growing possibility of seeing more consumer damages. If safety and distribution issues, which experts are concerned about, escalate, the private dispute settlement system (among the ADR systems) should be activated as a resolution method.

• Korea Trade Review
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• v.45 no.6
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• pp.23-43
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• 2020

This study aims at analyzing the interactions between two of the most significant trade stakeholders in Korea, the Trade Ministry and the Legislature, using text network analysis. Tackling seven Action and Plan Reports for Requests from Parliamentary Inspection released by the National Assembly, this paper conducts a topic modelling analysis, particularly focusing on the reports for the three trade-related institutes: the MOTIE headquarter, Korea Trade Insurance Corporation, Korea Trade and Investment Promotion Agency. According to the analysis, such traditional topics of the MOTIE as enterprise, industry, business, management, development were frequently appeared in the reports. Trade-related topics including export, trade, commerce, investment, overseas, domestic, dispute, cooperation, efficiency, negotiation, service, promotion were repeatedly shown. Lastly, a case study on 2019 Parliamentary Inspection Report showed specific trade-related topics and relevant contents that raised issues in that year. This analysis implies that the text data driven from the Parliamentary Inspection Reports between the MOTIE and the National Assembly, can be established as so called 'trade policy information system' which are valuable not only for the two but also the rest of the trade stakeholders in Korea.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.702-714
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• 2013

South Korea, China and Japan is struggling for a new economic growth and facing new challenges and difficulties in foreign investment. In this paper, I Studied on the Legal System and Limits or Rules on the Investment Between Korea, China and Japan. First, FTA between Korea, Chin. The trade and economic relations and the investment flows between the three countries were examined. Based on the background of the three countries, it has been studied on the Legal System and Rules in the foreign investment Between Korea, China and Japan. Based on this, and the following were examined. What are the major limits in the foreign investment Between Korea, China and Japan? In the future, what should be included on the FTA investment chapter in FTA between Korea, China and Japan in order to facilitate more investment? FTA between Korea, China and Japan would be an effective means to strengthen the protection of investors and investment facilitation, and investment flows between the three countries will be activated. In the future, FTA between Korea, China and Japan is expected to further promote investment among the three countries. In this regard, in the future, the FTA investment chapter in FTA between Korea, China and Japan should include NT(National Treatment), MFN(Most-Favoured-Nation (Treatment)), Prohibition of the implementation of specific measures, the nationality requirements of management or the board of directors, movement of funds, safeguard measures, expropriation and compensation, compensation for loss, fair and equitable treatment, the settlement of disputes between foreign investors and investment promotion country(Investor-State Dispute Settlement), and other agreement between the three countries.

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.1
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• pp.81-91
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• 2012

The purpose of this study was to analyze judicial precedents related on landscape construction defects(JPLCD) and suggested the improvement plan for dealing with it. The results are as the following: 1. Landscape construction defects litigations have been increased so far since 2000 and the duration of original trial was approximately 603 days, while appeal trials took up to 550 days. Therefore, the analysis revealed that settlement of disputes were lengthy and wasteful to consumers and constructors. 2. Judgement's cost accepted by the judge was only 53.6% of appraisal's cost appraised by appraiser, therefore it revealed appraiser overestimated the repair cost of landscape construction defects. 3. According to work classification categorized by Landscape Construction Standard Specification(2008) of the Korean Institute of Landscape Architecture, landscape planting amounted to 75% of JPLCD and plaintiff(consumers)'s prevailing rate of it reached 77% to be a serious burden to constructors. 4. According to JPLCD categorized by the type of dispute, defects caused by consumer's negligence for maintenance amounted to 29% and defendant(constructors)'s prevailing rate of it reached 64% to be the main responsibility of consumers. Further study will be required to make the judge standard of landscape construction defects through legal and technical research.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.10
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• pp.25-32
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• 2018

The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Korean Journal of Construction Engineering and Management
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• v.14 no.4
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• pp.108-117
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• 2013

The domestic CM business market has continued to grow, but its size is relatively small yet in comparison with the total size of the domestic construction industry. Evaluation of CM projects was conducted through questionnaire surveys. Both clients and CM firms showed positive satisfaction levels. Nevertheless, the clients' satisfaction levels were relatively low in safety management, cost management, and document and information management. Superior areas of CM tasks were time management and recovery scheduling, quality control and technical instruction, and design value engineering. On the other hand, inferior areas of CM tasks were claim analysis and dispute resolution, cost estimation, and life cycle costing. Both entities have agreed with the positive effects of CM involvement in terms of cost saving, time reduction, quality improvement, and safety incidents prevention to at least 0~5% extent.

• Management & Information Systems Review
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• v.17
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• pp.215-242
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• 2005

Although shoes industry in Korea is superior in global competition in terms of material, parts, and developmental ability, it has declined due to the lack of design in consideration of OEM production and marketing ability. Shoes industry in Korea has aimed at making inroad to North American market centered with the United States, but it has not focused on Europe market that much. However, as Europe transformed into EU, which is a large economic community, European market is being considered as a great potential for Korean shoes industry, which we can never neglect of. So far, there have been researches of marketing strategic methods to make inroad to the United States and South-East Asian markets, but there has been almost no marketing approach to European shoes market. Therefore, in this study I prepare strategic marketing plans for Korean shoes enterprises to make inroads to European markets, so that they can enter the market successfully, and this is the purpose of this study. In case that Korean shoes industry makes inroads to European market, there are important terms to examine. The strategic terms for consideration to examine are as follows. First, shoes companies such as Nike and Adidas are aware of India. Turkey, and Rumania as new footholds for production, as they have accounted continuous wage claim and labor dispute. Especially Turkey and Rumania are expected to have much competitive strength in price, as they are expected countries for joining EU. Second, we need to shift our understanding of the importance of design for European shoes market. We should pay close attention to the fact that the role of leading companies is to design. Third, Germany, England, and Italy have global-level of specialize institutions and organizations for shoes education and have been succeeded in knowledge industrialization. Fourth, we should consider that the concepts for shoes are changing from innovation in production to in products. Fifth, we should develop specialized concept centered in individualized categories. Sixth, we should open up new markets actively by connecting large shopping centers and multi-shops. Seventh, we should look for the opportunities to expand market through the utilization of BIFOS. Lastly, we should expand our support for opening up markets and participating fairs in foreign countries.

• Korean Journal of Construction Engineering and Management
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• v.6 no.3 s.25
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• pp.81-89
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• 2005

Delay schedule coming about duration extension is happening essentially because public construction project consist of many sub contractor. The method which can calculate delay day is suggested by many studies in case of happing delay schedule, but It is difficult to apply to real construction project because there is no mention about the control of The law of contract according to delay schedule. The law of Contract which is cost of account has more uncertain problem than FIDIC condition of contract. This study suggests method which can make extension of duration procedure clear in case of happing the reason of design change related with activity duration during carrying on construction, and a submission process of the reason of duration extension and modify schedule making way about section which is basis of calculating contract amount clear.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.509-512
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• 2003

The Critical Path Method(CPM) is an effective tool used for planning and scheduling. One of strong point in the CPM is what can calculate float. Float is able to prolong without having an effect on overall schedule of project, however concept and scope about ownership is not definite, because it is a by-product of project. Thus participants have had many dispute in using float because of their interests. In recent years, a few theories have evolved in an attempt to solve this problem. But the prior research did not make a reasonable distribution of float because their criteria of distribution was based on ratio for total project time. Actually, an application of float is achieved by participant's delay risk. Therefore. this paper proposes criteria for float distribution using delay risks, and the framework for the assessment of the delay risks.