• Journal of Arbitration Studies
• /
• v.11 no.1
• /
• pp.181-215
• /
• 2001

The thirty-fourth session of UNCITRAL Working Group on Arbitration was held in New York. Among the topics discussed at the session, many delegations agreed to reform the article 7 of the UNCITRAL Model Law on International Commercial Arbitration in light of the development of electronic commerce. As for the article 2(2) of the New York Convention, it was agreed to reflect the changes of the article 7 not in the form of a treaty amendment but in the form of an interpretative statement. The topic as to provisional measures has been found so difficult to reach an agreement that most of its texts submitted by the secretariat were left untouched for the lack of time. However, most provisions of the legislative texts on conciliation were dealt with by delegations. The next session is to be held in Vienna. While the Korean Arbitration Act of 1966 was fully amended in 1999, it seems interesting to look at the development in which the arbitration community of the world has already begun discussing the new dimension of the law and practice of international commercial arbitration. It may be considered early to start a new project of reforming the Korean Arbitration Act at this time when only three years passed after it was fully amended. It is, however, worthwhile to remember that some progressive efforts were aborted in amending the Arbitration Act of 1966. One of them is about the same issue on the insertion of some provisions on the enforcement of interim measures of protection to which the priority is given by the Working Group. It seems fair to say that it would not be dangerous to follow the developments and to adapt ourselves to such trends shown in the session. In Korea, the words “arbitration” and “conciliation” are misleadingly interchanged although these two words should be differentiated from each other in the sense of third-party binding decision. It is self-evident from the Korean Arbitration Act and judicial decisions that arbitral awards bind the disputing parties and are to be treated as final judgements by the competent courts. It is, however, not uncommon to find that the word “arbitration” is misinterpreted as having the same meaning of the word “conciliation”. One of the reasons for the confusion is that many legislations in Korea provide for conciliation as having the meaning of arbitration and vice versa. It may be probable that the proposed legislative texts on conciliation could be a kind of useful method to prevent such confusion from being uncontrollable. It is, therefore, necessary that the legislative texts should be introduced into Korea as a legislation on conciliation.

• Journal of Arbitration Studies
• /
• v.20 no.1
• /
• pp.133-167
• /
• 2010

The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

• Journal of the Institute of Electronics and Information Engineers
• /
• v.52 no.1
• /
• pp.140-147
• /
• 2015

In this study, medical devices safety information reporting system was designed to manage medical devices for the efficient management of in-hospital adverse events. The current management of medical device adverse event reporting regulations and the legal status of the system and procedures for identifying the system were reviewed. MSF/CD(Microsoft Solution Framework/Component Design) was applied to the system design. Through this study, we can understand medical devices management including the notice provisions of the Ministry of Food and Drug Safety for medical devices safety information reporting. We also expect this study will help to improve patient safety and the effective management of medical equipment, and contribute to activating medical devices safety information reporting.

• International Journal of Computer Science & Network Security
• /
• v.23 no.5
• /
• pp.89-94
• /
• 2023

Cloud-based technology is used in different organizations around the world for various purposes. Using this technology, the service providers provide the service mainly SaaS, PaaS and while the cloud service consumer consumes the services by paying for the service they used or accessed by the principle of "pay per use". The customer of the services can get any services being at different places or locations using different machines or electronic devices. Under the conditions of being well organized and having all necessary infrastructures, the services can be accessed suitably. The identified problem in this study is that cloud providers control and monitor the system or tools by ignoring the calculation and consideration of various faults made from the cloud provider side during service delivery. There are currently problems with ignoring the consumer or client during the monitoring and mentoring system for cloud services consumed at the customer or client level by SLA provisions. The new framework was developed to address the above-mentioned problems. The framework was developed as a unified modeling language. Eight basic components are used to develop the framework. For this research, the researcher developed a prototype by using a selected cloud tool to simulate and java programming language to write a code as well as MySQL to store data during SLA. The researcher used different criteria to validate the developed framework i.e. to validate SLA that is concerned with a cloud service provider, validate what happened when the request from the client-side is less than what is specified in SLA and above what is specified in SLA as well as implementing the monitoring mechanism using the developed Monitoring component. The researcher observed that with the 1st and 3rd criteria the service level agreement was violated and this indicated that if the Service level agreement is monitored or managed only by cloud service prover, there is a violation of LSA. Therefore, the researcher recommended that the service level agreement be managed by both cloud service providers and service consumers in the cloud computing environment.

• Smart Structures and Systems
• /
• v.30 no.5
• /
• pp.545-556
• /
• 2022

Through the examination of literatures, electronic commerce is a subject which is accepted in enterprises to define e-commerce adoption, trends, and issues that are assisting and obstructing its efficacy. E-commerce offers numerous advantages to consumer satisfaction in any place and helps the company to get a competitive benefit over its competitors. The Internet has expanded the scope of business. Many business information is available by the global network that supports information gathering between organizations, businesses and their clients, while various divisions of a business is increasing at an exponential rate. Meanwhile, there are a few barriers to proper e-commerce usage and adoption, such as reliable internet connections, poor e-commerce supporting infrastructures, logistics systems presenting socio-regulatory and poor transportation barriers and demonstrating the significant improvement of e-commerce reliable and affordable Internet provisions, i.e., Internet cost, intensity, and reasonable level of e-readiness. The operational and strategic significance of information-based virtual value chains for all organizations cannot be emphasized. As a consequence, this study confirms worldwide market elements of e-commerce, such as its issues, benefits, relevance, scope, facilitators and projects prospective obstacles in a developing economy.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.48 no.4
• /
• pp.41-54
• /
• 2020

This study was conducted to provide basic data for a transparent and fair bidding system by identifying problems and suggesting improvement measures through an analysis of the bidding status for construction projects and service-related landscaping of multi-family housing. To this end, we used the data from the "Multi-Family Housing Management Information System (K-apt)" that provides the history of apartment maintenance, bidding information, and the electronic bidding system to examine the winning bid status and amount, along with the size and trends of the winning bids by year, and the results of the selection of operators by construction type. As a result, it was found that out of the total number of successful bids (36,831), 4.4% (16,631) were in the landscaping business, and the average winning bid value was found to be about 24 million won. According to the data, 73% of the landscaping cases were valued between 3 million won and 30 million won, and 58.6% of the cases were in the field of "pest prevention and maintenance". 36% of the total number of bids were awarded from February to April, with "general competitive bidding" accounting for 59.8% of the bidding methods. As for the method of selecting the winning bidder, 55% adopted the "lowest bid" and "electronic bidding method," and 45% adopted the "qualification screening system" and "direct bidding method." As an improvement to the problems derived from the bidding status data, the following are recommended: First, the exception clause to the current 'electronic bidding method' application regulations must be minimized to activate the electronic bidding method so that a fair bidding system can be operated. Second, landscaping management standards for green area environmental quality of multi-family housing must be prepared. Third, the provisions for preparing design books, such as detailed statements and drawings before the bidding announcement, and calculating the basic amount shall be prepared so that fair bidding can be made by specifying the details of the project concretely and objectively must be made. Fourth, for various bidding conditions in the 'business operator selection guidelines', detailed guidelines for each condition, not the selection, need to be prepared to maintain fairness and consistency. These measures are believed to beuseful in the fair selection of landscaping operators for multi-family housing projects and to prepare objective and reasonable standards for the maintenance of landscaping facilities and a green environment.

• Journal of the Korean Society of Radiology
• /
• v.8 no.3
• /
• pp.105-110
• /
• 2014

Diagnostic radiation equipment diagnosis and treatment of disease of recent plays a central role, but this is based on the assumption of an appropriate balance of benefits and risks of diagnostic. If balance is not maintained has the potential to give an adverse effect on the health of the public. In the case of an overseas, the importance of (QA) quality assurance of medical equipment is growing, but evaluation criteria of quality assurance has not been clearly presented in domestic. Therefore, the modernization of medical equipment from the point at which the degree of cycle-by-cycle management system of foreign national to be suitable for diagnostic radiation generator entry and quality control standards by introducing a tailoring is necessary. In this study the most frequently used diagnostic radiation generator X-ray imaging apparatus of the general three-year periodic inspections at any time between the periodic inspection items and quality control methods and standards for the establishment of the United States, Canada and abroad, and international electronic literature search Technical Committee (International Electro-technical Commission, IEC) were compared with the provisions of item. Based on the national quality control items when opening frequent inspection items and standards presented as a basis for setting up study.

• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.3-35
• /
• 2013

Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.