• Journal of Arbitration Studies
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• v.20 no.1
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• pp.133-167
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• 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 Korean Society of Transportation
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• v.28 no.6
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• pp.17-24
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• 2010

As various social problems occur due to increasing traffic accidents, the government has setup and executed strong safety policies. As a result, the number of traffic accidents and the death toll have been decreasing in recent years. However, the setup and execution of the various policies for reducing traffic accidents cost much, so it is necessary to evaluate the cost-effectiveness of each policy. In the present study, enforcement by means of an unmanned over-speed enforcement system, the enforcement effect of which was proven good compared to the cost required for traffic enforcement, is compared with enforcement by policemen. As a result of the comparison, the average speed was 82.66 km/h before the use of unmanned systems and policemen; the average speed with manned enforcement was 70.57 km/h; and the average speed with unmanned systems was 67.85 km/h. The speed limit violation rate was 65% before the use of unmanned systems and policemen; 32% with manned enforcement; and 15% with unmanned systems. Considering the kinds of vehicles, the average speed and violation rate were highest among private cars, then vans, and then trucks.. Considering lanes. The accident rate was estimated based on the above results, and the input cost-to-advantage was estimated. The annual cost-to-advantage was estimated by comparing the above estimated values with the conditions before the unmanned over-speed enforcement system. Subsequently, the enforcement by policemen showed a negative advantage of 76,130,590 won, and the enforcement by the unmanned system showed a positive advantage of 38,577,670 won.

• Journal of Information Technology Applications and Management
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• v.16 no.3
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• pp.1-15
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• 2009

The paper analyzes a copyright owning firm's incentive to enforce its copyright in the presence of file-sharing networks. I devise a two-period model where a copyright owner sells two different versions of a creator's information good, and show that the firm's overall profits are enhanced by a strategy of differential inter-temporal enforcement of the copyright protection, compared to strategies of no enforcement or full enforcement in both periods. If the firm enforces no copyright protection in the first period, the low-valuation consumers may make and consume copies that are imperfect substitutes for the original information good. If there is a significant increase in the willingness-to-pay of some low-valuation consumers after they experience the information good, the firm can extract the increased consumer surplus by enforcing a positive level of copyright protection in the second period. Social welfare, however, is maximized in the case of no enforcement.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.107-132
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• 2019

The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.381-406
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• 2010

The enforcement of international arbitration raises a variety of procedural and related issues in national and international arbitral laws. In addition to the problems it is not easy to understand the rights and enforcement of interim measures by arbitral tribunal. Many countries and international rules allow the arbitral tribunal to submit the interim measures applied by a dispute party. However, interim measures are not recognised and enforced by itself in international commercial arbitration. It has not been completed in the rules of arbitration nationally and internationally. This is the reason why the confirmation of international and national laws is important to effect interim measures practically. In the case of Korean arbitral laws do not include articles of enforcement of interim measures even permit rights of decision of interim measures by arbitral tribunal in the national arbitral laws improperly and unreliably. This paper discuses the deficits of enforcement of interim measures which is submitted the type of award by the arbitral tribunal. The paper also points out and refers the revised model law of arbitration by UNCITRAL in 2006 which was changed to allow the interim award and should be imposed its enforcement of any types of interim measures by the arbitral tribunal in international commercial arbitration.

• International Journal of Highway Engineering
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• v.19 no.6
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• pp.175-182
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• 2017

PURPOSES : Road sectors contribute approximately 16 % of total GHG emission rates in South Korea. Engineers and experts expend significant efforts to identify countermeasures for the reduction of carbon emission. This study aims to determine how total carbon emission rates change depending on whether or not there is speed limit enforcement. METHODS : In this study, Lamm's travel speed profile theory is first adopted to select the hazard road, which sections are designated as speed limit enforcement. Second, Motor Vehicle Emission Simulator (MOVES) was used to simulate the carbon emission on the road. RESULTS : The total carbon emission rate under speed limit enforcement was 10,773 g higher than the condition without speed limit enforcement in the designated road. This might affect acceleration, which can lead to increased emissions. CONCLUSIONS : There would be no researches about proving the relationship how speed limit enforcement has an effect on carbon emission. The result of our study can provide valuable guidelines regarding road safety and eco-friendly roads.

• Journal of Arbitration Studies
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• v.21 no.3
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• pp.115-136
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• 2011

In the past, Chinese arbitral system and Chinese arbitral associations were avoided by international society due to the cases which Chinese court rejected the recognition and enforcement of foreign arbitral awards based on rural protection. Especially Chinese court adjudicated to reject the recognition and enforcement of arbitral awards by interpreting public policy broadly. The abuse of public policy by court threats the existence of commercial arbitration system. Under this awareness, the author figured out Chinese court shows what kind of attitude about public policy of Chinese court in the present through analyzing the cases about rejection of enforcement in Chinese arbitral awards in order to analyze whether Chinese court still maintain the negative attitude like past or there exist changes with public policy which is one of the rejection reasons of recognition and enforcement in foreign arbitral awards as the central figure. Chinese court behaved in an uncooperative attitude about arbitral awards like that it reached a verdict to reject the enforcement of arbitral awards by reason of violation in public policy about several foreign arbitral awards at the beginning stage of establishing arbitration law. However, the situation of abuse in public policy was improved a lot by Chinese prime court which enforces pre-inspection system about judgment of rejection of enforcement in arbitral awards. So, there is no case about rejecting the approval and enforcement of arbitral awards by reason of violation in public policy by Chinese court except Yongning Co. case. Moreover, Chinese court got the trust and support from other countries through reinforcement of applied standard. However, Chinese court had been expressed concern from international society because they highly applied public policy and rejected to enforce arbitral awards in the recent case of Yongning Co.. Therefore, this study examined whether it is appropriate to apply public policy of Chinese court in the case of Yongning Co., and then I concluded that. Although Yongning Co. case is the first case which Chinese prime court agrees with public policy by reason of rejection of approval and enforcement in foreign arbitral awards, in my opinion, it doesn't mean that Chinese court has fundamental change in basic attitude and position about the approval and enforcement of foreign arbitral awards. Chinese court keeps the cautious uses of public policy in legal judgment of foreign arbitral awards and it looks like implementing the obligation in regulation of New York Convention sincerely.

• Journal of Korean Society of Transportation
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• v.26 no.3
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• pp.85-95
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• 2008

The purpose of this study is to reduce a high speed driving, it is a large scale traffic accident as the most dangerous fact on the highway. So traffic accidents related to high speed driving, a number of automated speed enforcement system has been established up to now. At present automated speed enforcement system in Korea control overspeed vehicle only in the specific spot. Because the drivers generally recognize the previous stated fact. therefore, we need speed control by new system. it is necessary to establish the automated traffic enforcement system based on the travel time speed. In conclusion, we obtain the desired results about automated traffic enforcement system based on the travel time speed. it is important that the number of traffic accidents has decreased and try to secure the safety of traffic.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.3-24
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• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.22 no.1
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• pp.126-142
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• 2023

The purpose of this study is to develop unmanned traffic enforcement equipment and standard specifications for the prevention of traffic accidents and violations of the two-wheeled vehicle laws. To this end, we conducted a review of the problems and new technologies of the currently operating unmanned traffic enforcement equipment on two-wheeled vehicles. And through a survey, the feasibility of introducing unmanned traffic enforcement equipment for two-wheeled vehicles and the current status of technology were investigated. In addition, the two-wheeled vehicle enforcement function was implemented through field tests of the development equipment, and the addition of enforcement targets and the number recognition rate were improved through performance improvement. Based on the results of field experiments and performance evaluation, performance standards for unmanned two-wheeled vehicle traffic enforcement equipment were prepared, and in the communication protocol, two-wheeled vehicle-related matters were newly composed in the vehicle classification code and violation items to develop standards.