• Korea Trade Review
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• v.43 no.3
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• International Commerce and Information Review
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• v.8 no.1
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• pp.357-369
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• 2006

All over the country tries to clarify the content of 'Public Policy' in recognition and implementation of Foreign Arbitral Awards : it makes comments of the international consensus of Geneva Convention(1927), New York Convention(1958) and the UNCITRAL Model Law on Public Policy, and it takes a general view of domestic laws how they deal with Public policy and Foreign Arbitral Awards. Foreign Arbitral Awards should be appropriately respected and implementation by the courts of countries encourage parties in a legal procedure to refuse enforcement by invoking "Public Policy." In order to cope with such invocations, the purport of the above recommendation on Foreign Arbitral Awards should be internationally recognized and the exceptional circumstances should be restricted unless the International Court of Arbitral Awards is not established a Dr. Holtzmann/Schwebel brought forward. In this paper suggests the list of the exceptional circumstances. Korean Arbitration Law stipulates as the Civil proceeding Law did, "good morals and the social order of the Republic of Korea" as a ground for refusing enforcement of Arbitral Awards. Studies on counteraction against invocations of Public Policy to refuse enforcement of Foreign Arbitral Awards should be developed.

• Korean Journal of Clinical Pharmacy
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• v.34 no.1
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• pp.39-61
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• 2024

Background: The Food and Drug Administration (FDA), the European Medicines Agency (EMA), and the Ministry of Food and Drug Safety (MFDS) have been implementing the expedited programs that promote the innovative approval of new medications to be used for serious diseases. The authors comprehensively investigated, analyzed, and compared the regulations and guidelines associated with the expedited programs. Methods: The expedited programs for innovative drug development and approval were searched from the homepages of FDA, EMA and MFDS. The detailed information on the regulations and guidelines associated with the programs was comprehensively extracted from various electronic repositories of each regulatory authority. The information on each program was analyzed, categorized, and compared from the points of benefits, applicability with scientific rationale, application procedure, and maintenance. Results: FDA's programs include Fast Track Designation, Breakthrough Therapy Designation, Priority Review Designation, and Accelerated Approval. EMA's regulation implements PRIority MEdicines (PRIME), Accelerated Assessment, Marketing Authorization under Exceptional Circumstances (MAEC), and Conditional Marketing Authorization (CMA). MFDS has a single Expedited Program. These programs are broadly categorized into those that 1) facilitate early and proactive communication with regulatory authorities, 2) shorten the review time after submitting a marketing application, and 3) temporarily approve a marketing authorization under certain conditions. Conclusion: Each expedited program requires a different level and amount of safety and efficacy evidence to be submitted to each regulatory authority. This article will likely provide the comprehensive information on which program provides scientific and regulatory advantages to be taken for innovative medication development.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.3-54
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• 2002

When the ruling of Foreign Arbitral Awards contradicts the public policy of the enforcement state, it can be a ground for a refusal to enforce the ruling. New York Convention V section 2, UNCITRAL section 36, and Korean arbitration law section 36 confirm this principle. The final ruling of international arbitral awards should be respected according to the international convention or the principle of reciprocity, which cancel out the above principle: when the ruling contradicts the country's public policy, it can be refused to enforcement. Since the Helsinki General Convention, ILA have studied upon it and presented the final report and recommendation during the 2002 New Delhi General Convention. In it, firstly, the finality of awards rendered in the context of international commercial arbitration should be respected save in exceptional circumstances. Secondly, every state is recommended the “international public policy”, on which it can refuse to follow the ruling of international arbitral awards, and advised to respect it as far as possible.

• Clinics in Shoulder and Elbow
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• v.24 no.4
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• pp.265-271
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• 2021

Four patients with shoulder problems that were traumatic in etiology presented to us with delays in seeking care ranging from 6 to 12 weeks due to the coronavirus disease 2019 (COVID-19) lockdown. The care of three cases (a 3-month-old neglected anterior shoulder dislocation with a greater tuberosity fracture in a 30-year old man, a 3-month-old neglected anterior shoulder dislocation in a 17-year old boy, and a 2-month-old neglected greater tuberosity fracture in a 31-year old man) was delayed due to the lockdown and the ensuing travel restrictions, while that of one case (a 6-week-old fracture-dislocation of the proximal humerus in a 55-year-old woman) was delayed because the patient was undergoing treatment for COVID-19 at the time of injury. This report intends to present the exceptional circumstances around these cases. The unique treatment challenges and their outcomes are also described to advise the surgeons of the nuances and difficulties in treating these injuries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.65-87
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• 2015

This article examines the Stay of Enforcement of ICSID Arbitration Award. The effect of the stay is that the award is not subject to enforcement proceedings under Article 54 of the ICSID Convention pending the outcome of the annulment application. The annulment committee must decide the stay, unless the applicant sought the stay with the request for annulment, in which case the ICSID Secretary -General must grant it automatically. This automatic stay -which can only relate to the entire award-remains in force until the committee is constituted and issues a decision on the request for stay. ICSID committees have taken different positions on whether a stay of enforcement is exceptional or not. Some committees have held that because the ICSID Convention explicitly recognizes that the rights of the award creditor could be subject to a stay, stays are not exceptional. ICSID practice shows that most committees have rejected the proposition that the merits and prospects of the application for annulment should influence the committee's decision whether to grant a stay. In addition, ICSID practice regarding the specific circumstances that will justify a stay of enforcement is unclear, and committees have focused on different factors to decide whether to grant a stay such as prospect of prompt compliance with the ward, hardship to one of the parties, risk of non-recovery and irreparable harm to the award debtor. Also, ICSID practice shows that even though the Convention is silent on this issue, committees have generally held that they are empowered to condition the stay of enforcement on the granting of security by the requesting party.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.3-26
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• 2018

This article examines whether parties may agree to contractually waive the right to bring annulment proceedings. Alternately it looks at whether certain grounds of annulment may be waived. The ability for parties to resolve this issue contractually by waiving this element of Article 52(1)(b) ICSID offers a potentially powerful solution. For parties to agree beforehand to the circumstances where tribunals have not 'manifestly exceeded their power' could allow them to remove the unpredictability of annulment on this foundation. Even in the event that an ad hoc committee is against the validity of waiver, it may be possible for a party to frame this restriction as an interpretative agreement by the parties rather than strictly as waiver of a ground of annulment. Ultimately, the wish to enter into such an agreement would likely only be driven by a few exceptional commercial need or prior negative experience with the remedy of annulment. In that cases, and depending on the nature of the specific concern with annulment, a limited waiver or interpretative agreement on certain Article 52(1) ICSID grounds may certainly be appropriate.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.12
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• pp.278-290
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• 2020

This study evaluated college students' virtual academic experience due to COVID-19. Based on Colaizzi's analysis method, data from advanced interviews with 15 students were analyzed. The results were as follows. The participants showed a desire for eye-level learning, frustration on unsatisfactory academic factors, gratefulness for the factors that enhance academic satisfaction, lonely fight with the shortcomings of online lectures, and the factors predicted by COVID-19, and aim to seek balance through health care. Based on the results, the students should be prepared to learn at an appropriate academic level. Second, the change should be sought to increase delivery and concentration in class. Third, students are motivated by the professor's efforts to communicate in class and their sincerity and passion. Fourth, cooperation between professors and learners is needed to develop a sympathetic and supportive classroom atmosphere. Fifth, until the cessation of COVID-19, the principle of virtual education should persist unless there are exceptional circumstances. These results, which suggested specific ways to increase satisfaction with virtual learning lectures, can be used as basic data for establishing effective virtual teaching directions.

• International Journal of Computer Science & Network Security
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• v.24 no.8
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• pp.14-20
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• 2024

Traffic sign recognition is an essential feature of intelligent transportation systems and Advanced Driver Assistance Systems (ADAS), which are necessary for improving road safety and advancing the development of autonomous cars. This research investigates the incorporation of the YOLOv9 model into traffic sign recognition systems, utilizing its sophisticated functionalities such as Programmable Gradient Information (PGI) and Generalized Efficient Layer Aggregation Network (GELAN) to tackle enduring difficulties in object detection. We employed a publically accessible dataset obtained from Roboflow, which consisted of 3130 images classified into five distinct categories: speed_40, speed_60, stop, green, and red. The dataset was separated into training (68%), validation (21%), and testing (12%) subsets in a methodical manner to ensure a thorough examination. Our comprehensive trials have shown that YOLOv9 obtains a mean Average Precision (mAP@0.5) of 0.959, suggesting exceptional precision and recall for the majority of traffic sign classes. However, there is still potential for improvement specifically in the red traffic sign class. An analysis was conducted on the distribution of instances among different traffic sign categories and the differences in size within the dataset. This analysis aimed to guarantee that the model would perform well in real-world circumstances. The findings validate that YOLOv9 substantially improves the precision and dependability of traffic sign identification, establishing it as a dependable option for implementation in intelligent transportation systems and ADAS. The incorporation of YOLOv9 in real-world traffic sign recognition and classification tasks demonstrates its promise in making roadways safer and more efficient.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.12 no.2
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• pp.63-75
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• 2013

Roundabouts have been operated in Europe, America and Australia since the 1970s, and many relevant researches continually was carried out. Though many studies regarding roundabout have been recently conducted in korea, most of them have focused on its operational safety and efficiency. Moreover, roundabout design guideline did not define a clear criteria related to pedestrian in roundabout, but seldom investigate the influences of pedestrian on crosswalk. In this study, we seek ways to operate the pedestrian crosswalk signal on roundabout maximizing their operational effects in exceptional case such as rush hour or intersection near the special facilities. We proved that roundabout signal operation is effective under certain circumstances in according to the number of pedestrian, and suggested the optimal signal timing plan for signalized roundabouts. For pursuing the above, we conducted the simulation test using the VISSIM model. The results show that the operational effectiveness of signalized roundabout was evaluated to be better than non-signalized roundabout in specific pedestrian volume condition. In addition, those results are confirmed using simulation analysis conducted on the real roundabout.