• Journal of Arbitration Studies
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• v.13 no.2
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• International Area Studies Review
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• v.21 no.1
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• pp.281-301
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• 2017

This article examines the way of the functionality of policy instruments for the development of renewable energy through the case of the wind power. The general barrier of the renewable energy development is considered to be the economic barrier. However the principal issue is the political barrier without the broad cooperation between the host government and the firm. Maintaining the long-term competitive advantage requires the shift of not only the strategy following the external circumstance but also the internal capacity development to utilize resources. Thus the comparative case study of Sri Lanka and Germany proposes the analysis of the supply-push and demand-pull policy with five patterns on the development of wind power in order to suggest how the functionality of policy instruments must be served to foster the wind power.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.43-68
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• 2021

This paper seeks to provide a comprehensive review of the international rules of law on the obligations of confidentiality and its exceptions in international commercial arbitration, including the Riddick principle stemming from the common law jurisdiction. To this end, this article examines and analyzes developed countries' arbitration legislation including relevant case laws and the most recent leading institutional rules. Given the fact that the increasing use of discovery in international commercial arbitration and that the parties and practitioners in civil law countries are not familiar with the concept of the Riddick principle and its implied undertaking to a court, this article introduces the concept of the Riddick principle with some analysis for the recent case laws. Finally, this paper makes some suggestions to strengthen the compliance of confidentiality in international commercial arbitration by introducing new rules on confidentiality, inter alia, sanctions for breaching of the obligations of confidentiality.

• International Journal of Contents
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• v.15 no.3
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• pp.13-20
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• 2019

This systematic review compared Korean and international researches on sensory integration therapy in patients with autism spectrum disorder (ASD). We targeted studies on sensory integration therapy for patients with ASD published from January 2000 through July 2016. Specifically, we analyzed the papers that used the phrase 'sensory integration, autism' as keywords. There were fewer Korean studies of sensory integration therapy, and the diversity of research topics were limited, focusing mainly on case studies. There was no difference between the internal/external validity of Korean and those of international studies targeting the clinical environment and patients. Further study of a variety of aspects of sensory integration therapy is needed to gain high internal/external validity.

• Journal of Korean Society for Quality Management
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• v.46 no.4
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• pp.761-784
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• 2018

Purpose: The purpose of this study is to introduce the development trend of international standard in the innovative management system and propose the application method of the standard for SME certification system. Methods: This study is based on literature studies and case studies considering the initial stage of development of standards as well as lack of domestic and international research examples. In the literature review, we focused on the characteristics of the innovation management system standards at the national, regional and global level. We examined case studies of Spain and Portugal as case studies. Besides, the evaluation items and certification status of domestic innovative SMEs certification were also searched to find out how to introduce them in Korea. Results: The results of this study can be summarized in three major points. First, new international standards of innovation management are being developed under the ISO management system standard and are currently in the DIS stage. Second, in the case of Spain adopting the national innovation management system standard, it has been reported that the innovation management system standard has a significant effect on the innovation ability and management performance. Third, it was not easy to establish a standardized innovation process between the innovation based on creativity and the standardized based product. The Oslo manual was not enough to provide enough guidance in this area. Conclusion: Companies that want to strengthen their organizational innovation capabilities from a management system point of view and Policymakers that want to plan the upgrading and integrated certification operating system of the domestic innovation SME certification need to consider the ISO 50500 series as a global level standard other than the Oslo manual.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.65-86
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• 2015

Under current international investment law clear criteria to determine standards of indirect expropriation are absent. Arbitral tribunals determine on a case-by-case whether an indirect expropriation has occurred by conducting a fact-based inquiry. However, three common determination standards can be inferred by analyzing prior arbitration cases. The appropriate analytical framework that can be applied to determine whether a state's measure constitutes an indirect expropriation is as follows. i) the degree of economic invasion of the state's action into the foreign investor's property rights and durability of the period, ii) interference with the foreign investor's distinct and reasonable investment-backed expectations, and iii) the nature, purpose and character of the state's measure. Therefore, it is necessary to fully acknowledge and to utilize strategically this determination standard. However, derived standards cannot be applied to all disputes en masse. So, it is desirable to exclude ambiguity and to clearly define the determination standard of indirect expropriation in investment agreements, since arbitral tribunals can apply different determination standards on a case-by-case basis. And, based on the discussions until now, more developed standards and direction in response to demand should be established through consistent analysis and review of precedents related to indirect expropriation. Lastly, This study is expected to be a useful guideline to prepare a necessary countermeasure to prevent dispute related to indirect expropriation beforehand or in case of dispute occurrence.

• International Journal of Advanced Culture Technology
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• v.10 no.3
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• pp.377-392
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• 2022

With the development of information and Internet technology, traditional museums have been long followed the trend of integrating innovative technological elements into the changed museums. It is necessary that the museums seize the opportunity of the trend transforming into smart museums, the key is to grasp the characteristics and laws of the Internet era, and use Internet thinking to explore the future development path. However, there are few studies on Internet thinking among the existing results. On the other hand, most of the relevant actual case studies still focus on the micro-level, which has obvious limitations. This paper will start from the current situation and trend, focus on the Palace Museum as a case study object, and discuss the problems and characteristics, so as to put forward the thinking about the development of smart museums in four aspects to explore the optimal path of transformation for smart museums.

• SUVANNABHUMI
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• v.11 no.2
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• pp.85-105
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• 2019

Investigating the clash among different forms of international relations has been a frequent issue in modern research and attracts interest in the fields of history and politics. In the nineteenth-century, Asia witnessed a fierce struggle between traditional relations in Asia that existed during the feudal period, that of "The Heavenly Dynasty, China and its vassal states"; and a the new form of relations introduced by the West, that of relations between "colonial powers and colonized countries." As a result, the formation of "colonial societies" in Asia with very specific features was established. However, as stated by Vu (2015), for many reasons, which include the lack of material resources, the politically sensitive nature of the object, and the focus on gains and losses in previous studies, there were little studies on the process of demarcating the Tonkinese border between Franco and Chinese in Vietnam, especially from a globalization perspective. This study thus aims at examining the issue of the demarcation of the Tonkinese Border between Franco and Chinese (1885-1895), in view of globalization, as a case study for the transition process of the modern history of Vietnamese society.

• Nuclear Engineering and Technology
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• v.54 no.10
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• pp.3660-3671
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• 2022

A new methodology to derive a dose constraint for radioactive effluent from a unit of nuclear power plant (NPP) through retrospective assessment was developed to reflect operational flexibility in line with international standards. The new dose constraint can retain the safety margin between the offsite dose and the past dose constraints. As case studies, the new approach was applied to 24 Korean NPPs to address the limitations of the existing seven dose constraints that do not fully comply with current international radiation protection standards. Therefore, an effective dose constraint for Korean NPPs was proposed as no less than 0.15 mSv/y, which is comparable to the international practices and previous studies (0.05-0.3 mSv/y). Although the lower bound of the equivalent dose constraint was calculated as 0.17 mSv/y, it is not proposed in this study since the compliance with the derived effective dose constraint can prevent accompanied equivalent doses to any organs from exceeding equivalent dose limits. The new framework and the case studies are expected to contribute toward and support the revision of existing dose constraints for radioactive effluent from NPPs, ensuring better compliance with the current international safety standards as well as reflect the operational flexibility in practice.