• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.123-152
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• 2008

It is a basic rule in the credit law that original documents are required unless otherwise stipulated by the credit. Due to modern technology enabling documents to be produced in many ways it may not always to decide whether a document is original or a photocopy. In consideration of modern technology and the advent of new methods of document production, ICC has drawn up the provisions on original documents in Article 22 (b) of UCP 400 for the first time. The equivalent provision in UCP 500 is Article 20 (b). As a result of many queries to ICC Banking Commission on what constitutes an "original" documents under UCP 500 and several court cases in connection with original documents, the ICC Banking Commission has issued Decision on original documents in July 1999. Based on this Decision, the ICC dealt it in Article 17 under UCP 600 which came into force on July 1, 2007. There are some changes, replacements and new provisions of UCP 600 concerning original documents and copies. Importers, exporters, insurance companies, other third parties and, above all, banks should pay attention to some changes and implications of UCP 600 concerning original documents and copies. The purpose of this paper is to examine the provisions on original documents and copies under UCP 600. For this purpose, firstly this study deals with the relative provisions on original documents and copies under pre-UCP 600. Secondly this study considers the provisions on original documents and copies under UCP 600. Thirdly this study compares the provisions under pre-UCP 600 with the provisions under UCP 600. Finally this study analyzes the cases decided both home and abroad in connection with original documents. This paper contribute to help the parties to letters of credit to understand the provisions on original documents and copies under UCP 600.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.3-29
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• 2012

This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.179-220
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• 2008

The notion of the 'court' is most unique to ICC arbitration. This paper focuses on what the court is and how it works and what the role and the duties of the Court under the ICC arbitration imply for the KCAB International Arbitration Rules. The Court is an administrative body that administers arbitrations taking place under the ICC Rules of Arbitration. The Court consists of 126 members from 88 countries around the world. Court members participate in decision-making process by way of attending the committee sessions and plenary sessions. At the Court's committee sessions, the Court fixes advance on costs; reviews the prima facie existence of arbitration agreements; fixes the place and language of arbitration, and the number of arbitrator(s); confirms and approves arbitrators; scrutinizes draft awards, determines the costs of arbitration; decides on extensions related to Terms of Reference, draft awards and correction and interpretation of the awards. At the Court's plenary sessions, the Court performs only two responsibilities: the challenge or replacement of arbitrators or the scrutiny of draft awards. The Court is required to scrutinize draft awards involving states or state entities, drafts with huge amounts in dispute or complex technical or legal questions, and as well as draft awards to which a dissenting opinion has been attached. Turning to the KCAB International Arbitration Rules, Article 1(3) provides that the KCAB shall establish an International Arbitration Committee. Further, it is provided that the KCAB shall consult with the said Committee with respect to challenge and replacement/removal of arbitrators pursuant to Article 1(3). The notion and role of the International Arbitration Committee was originally adapted from the Court to ICC arbitration, but its role was quite reduced in the process of enactment of its Rules. Accordingly, I examined the detailed roles of the Court to ICC arbitration in this paper and hereby suggest that the KCAB International Arbitration Rules shall be amended in the following ways: The Secretariat of the KCAB shall: fix advance on costs at the first stage and the costs of arbitration at the final stage of the proceedings; determine the number of arbitrators; review the prima facie of existence of arbitration agreement; confirm arbitrators; decide extensions related to time table, draft awards and correction and interpretation of the awards. I, also, suggest that the arbitral tribunals shall fix the place of arbitration and the language of arbitration and make a final decision on the validity of arbitration agreement. With regard to the International Arbitration Committee, it is desirable for its Rules to empower the Committee to recommend any prospective arbitrator and to review and decide challenge and replacement/removal of arbitrators.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.359-378
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• 2011

UCP600 Article 20 (a) (v) states that contents of terms and conditions of carriage will not be examined and Article 34 states that a bank assumes no liability or responsibility for the general or particular conditions stipulated in a document. From this perspective, banks may seem to have no obligation to examine the pre-printed clause of B/L. However, ICC decided that no opinion could be given in relation to the issues surrounding B/Ls that contain delivery clauses. Accordingly, it is agreed by previous cases and some scholars that banks may refuse the B/Ls that contain delivery clauses which are not present in other B/Ls of the same goods and transport routes. Also, ICC published ICC Decision in July 2010 regarding on board notation. In this decision, if a B/L indicates a place of receipt that is different from the port of loading and there is an indication of a means of pre-carriage, then a dated on board notation will be required indicating the name of the vessel and the port of loading. Therefore, banks may,, in some cases, need to scrutinize the pre-printed clauses especially appearing in the front page of B/Ls.

• Journal of Communications and Networks
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• v.11 no.1
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• pp.26-35
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• 2009

In this paper, we investigate how to do resource allocation to guarantee a minimum user data rate at low signaling overhead in multi-cell orthogonal frequency division multiple access (OFDMA) wireless systems. We devise dynamic resource allocation (DRA) algorithms that can minimize the QoS violation ratio (i.e., the ratio of the number of users who fail to get the requested data rate to the total number of users in the overall network). We assume an OFDMA system that allows dynamic control of frequency reuse factor (FRF) of each sub-carrier. The proposed DRA algorithms determine the FRFs of the sub-carriers and allocate them to the users adaptively based on inter-cell interference and load distribution. In order to reduce the signaling overhead, we adopt a hierarchical resource allocation architecture which divides the resource allocation decision into the inter-cell coordinator (ICC) and the base station (BS) levels. We limit the information available at the ICC only to the load of each cell, that is, the total number of sub-carriers required for supporting the data rate requirement of all the users. We then present the DRA with limited coordination (DRA-LC) algorithm where the ICC performs load-adaptive inter-cell resource allocation with the limited information while the BS performs intra-cell resource allocation with full information about its own cell. For performance comparison, we design a centralized algorithm called DRA with full coordination (DRA-FC). Simulation results reveal that the DRA-LC algorithm can perform close to the DRA-FC algorithm at very low signaling overhead. In addition, it turns out to improve the QoS performance of the cell-boundary users, and achieve a better fairness among neighboring cells under non-uniform load distribution.

• The Journal of Information Technology
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• v.5 no.1
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• pp.51-67
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• 2002

Over a period of several years there have been a number of queries raised with the ICC Banking Commission as to the determination, by banks, of what is an "original"document under a letter of credit and the necessity, if my, for such a document to be so marked. So, the ICC Banking Commission Decision on original documents was sent to members in July. This Decision emphasizes the need to correctly interpret and apply sub-Article 20(b) of UCP 500. Consequently, about Hand signed documents, Facsimile signed documents, Photocopies and Telefaxed presentation of documents, Banks examine documents presented under a letter of credit to determine, among other things, whether on their face they appear to be original. Banks treat as original any document bearing an apparently original signature, mark, stamp, or label of the issuer of the document, unless the document itself indicates that it is not original. Accordingly, unless a document indicates otherwise, it is treated as original if it : appears to be written, typed, perforated, or stamped by the document issuer's hand; or appears to be on the document issuers original stationery; or states that it is original, unless the statement appears not to apply to the document presented (e.g. because it appears to be a photocopy of another document and the statement of originality appears to apply to that other document).document).

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.215-238
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• 2012

This paper is to review the interim measures of arbitral tribunals in international commercial arbitration and to compare the emergency arbitrator systems of international arbitration institutions including the ICDR, SCC, SIAC, ACICA, and ICC. Most arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measures of protection. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the revised articles with regard to interim measures of UNCITRAL Model Law of 2006 are regarded to contribute significantly to the effectiveness of interim measures in international commercial arbitration. A party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal may make an application for such measures. Major international arbitration institutions have their own rules and provisions for the emergency arbitrator system, which was set forth first by the ICRD in 2006. The application requirements for emergency arbitrators are almost the same. However, there are significant differences in details such as appointments and applications for challenging emergency arbitrators, the process and form of the emergency arbitrator's decision, etc. Therefore, it will be necessary to consider these differences for more desirable emergency arbitrator proceedings in Korea.

• Physical Therapy Korea
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• v.18 no.4
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• pp.60-67
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• 2011

Ultrasonography (US) is a recent technique that has proven to be useful for assessing muscle thickness and guiding the rehabilitation decision-making of clinicians and researchers. The purpose of this study was to determine the inter-rater reliability of the US measurement of transversus abdominis (TrA), internal oblique (IO), and external oblique (EO) thicknesses for different probe locations and measurement techniques. Twenty healthy volunteers were recruited in this study. Muscle thicknesses of the transversus TrA, IO, and EO were measured three times in the hook-lying position. The three different probe locations were as follows: 1) Probe location 1 (PL1) was below the rib cage in direct vertical alignment with the anterior superior iliac spine (ASIS). 2) Probe location 2 (PL2) was halfway between the ASIS and the ribcage along the mid-axillary line. 3) Probe location 3 (PL3) was halfway between the iliac crest and the inferior angle of the rib cage, with adjustment to ensure the medial edge of the TrA. The two different techniques of thickness measurement from the captured images were as follows: 1) Muscle thickness was measured in the middle of the muscle belly, which was centered within the captured image (technique A; TA). 2) Muscle thickness was measured along a horizontal reference line located 2 cm apart from the medial edge of the TrA in the captured image (technique B; TB). The intraclass correlation coefficient (ICC [3,k]) was used to calculate the inter-rater reliability of the thickness measurement of TrA, IO and EO using the values from both the first and second examiner. In all three muscles, moderate to excellent reliability was found for all conditions (probe locations and measurement techniques) (ICC=.70~.97). In the PL1-TA condition, inter-rater reliability in the three muscle thicknesses was good to excellent (ICC=.85~.96). The reliability of all measurement conditions was excellent in IO (ICC=.95~.97). Therefore, the findings of this study suggest that TA can be applied to PL1 by clinicians and researchers in order to measure the thickness of abdominal muscles.

• Korea Journal of Hospital Management
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• v.19 no.4
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• pp.9-20
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• 2014

The purpose of this study is to find out factors affecting patient moving to receive medical service. This study is analyzed by multi-level model with patient and hospital level by using SAS 9.3. Total number of patients is 600,000 persons for inpatients and 550,000 patients for outpatients. The degree of the factors, which is combined with personnel factor and hospital factor, can be analyzed by Intra-Class Correlation (ICC). The percentage of group(hospital) level variance of the total variance for out-bound moving case are 30.6% at inpatients, and 28.3% at outpatients. And the percentage of hospital level variance of the total variance for moving distance, are 26.7%, 32,5% respectively. Conclusionally, although the main factor of moving is patient level, hospital is also very important factor to make decision to go out-bound. It contributed to about 1/3 for hospital choice. And, when the one make decision, he will consider the hospital type, number of bed, and training institute in hospital level. Through this study to find out hospital factors affecting patient moving for medical service, it must be continued to find out which factors have more influence to choice the hospital among disease type after this.

• Journal of Korea Water Resources Association
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• v.41 no.2
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• pp.127-135
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• 2008

The objective of sewer rehabilitation is to improve its function while eliminating inflow/infiltration (I/I) and insufficient carrying capacity (ICC). Such rehabilitation efforts, however, have not been particularly successful due to a lack of sewer data and unsystematic field practices. The present study aimed to solve these problems by developing a decision making model consisting of two models: the rehabilitation weighting model (RWM) and the rehabilitation priority model (RPM). In RWM, the I/I of each pipe in a drainage district is estimated according to various defects, with each defect given an individual weighting factor using an analytic hierarchy process (AHP). RPM determines the optimal rehabilitation priority (ORP) using a genetic algorithm (GA). The developed models can be used to overcome the problems associated with unsystematic practices and, in practice, as a decision making tool for urban sewer system rehabilitation.