• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.26 no.3
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• pp.151-175
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• 2015

The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.

• Journal of Navigation and Port Research
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• v.26 no.5
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• pp.511-516
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• 2002

Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.107-127
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• 2021

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

• The Journal of the Convergence on Culture Technology
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• v.7 no.4
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• pp.15-19
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• 2021

In May 2021, a major conflict broke out between Israel and Palestine. Fourteen days after the conflict began, a ceasefire between the two sides was signed with the victory of Defense Forces (IDF). One of the reasons why IDF was able to lead the dispute to victory with the minimum damage in the shortest period of time is that the female workforce in IDF turned on. also, there are currently 33% of the female workforce in IDF, and various tasks are carried out in the field by convergence with male workforce. So, in this study, the examples experienced by IDF will provide clues to overcoming the future challenge of Korea's lack of military service resources.

• International Area Studies Review
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• v.13 no.1
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• pp.371-389
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• 2009

Recently the ordinances of the Conciliation Committee of Distribution Disputes have been enacted and revised throughout the country. The purposes of the ordinances are to establish and operate the Conciliation Committee of Distribution Dispute. But several problems have been found in the ordinances of the Conciliation Committee of Distribution Disputes. These are the appointment of the chairman of the Conciliation Committee of Distribution Disputes, appointment of the acting chairman of the committee, consolidation of the requests of conciliation, challenge of the committee member. Also, the conciliator must keep in mind the several consideration when the Conciliation Committee of Distribution Disputes render the conciliation. These are the mutual survival between large distributer and small and medium distributer, care of consumer in the region, the growth and development of regional economy.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.495-507
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• 2023

The purpose of this study is to identify the current status of legal disputes that occur while firefighters are performing their duties and to suggest efficient response measures. To investigate awareness of legal disputes, a survey was conducted on 3,500 firefighters, and the responses of 505 people who participated in the survey were analyzed. As a research method, frequency analysis and cross-analysis were conducted based on the demographic characteristics of the participants and a survey of firefighters' awareness of the law, and through this, basic statistics and status were analyzed. As a result of the analysis, it was found that firefighters feel a lot of burden, including time and material losses, as well as disadvantages and mental anxiety in the workplace when legal disputes occur while performing their duties. The need for an organizational response in the workplace as an efficient response to this was statistically confirmed. Therefore, based on the results of this study, we propose the permanent establishment and operation of a professional legal support team within each city/provincial fire department headquarters so that firefighters can concentrate on their duties free from legal disputes.

• The Journal of Industrial Distribution & Business
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• v.10 no.2
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• pp.65-75
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• 2019

Purpose - Along with Chinese exchange rate's reform advancement, the issue of exchange rate of RMB has increasingly become the heated focus in the world. In July 2005, China carried out the reform of the exchange rate system, and this behavior has aroused the attention of the world. However, the dispute on whether the theory of purchasing power parity holds or not in China still exists. As such, this paper will attempt to explore whether the purchasing power parity is significant in China. Research design, data, and methodology - The monthly data from July 2005 to December 2017 will be employed to analyze the nominal exchange rate of RMB against the US dollar and the nominal exchange rate of RMB against the euro. Based on these datum, an empirical analysis will be conducted under the unit root test and the cointegration test to exploit the significance of purchasing power parity in China. Results - The findings of this paper reveal that an increase in China's consumer price index will lead to an increase in the RMB exchange rate, which will lead to the depreciation of RMB. Concomitantly, an increase in the consumer price index in the US and Europe will result in a decrease in the RMB exchange rate, which will lead to an appreciation of RMB. In general, in terms of the US, if US consumer price index increases by 1%, China's nominal exchange rate against US dollar will decrease by 0.905%; if China's consumer price index increases by 1%, China's nominal exchange rate against US dollar will increase by 0.648%. In terms of Europe, if Europe consumer price index increases by 1%, China's nominal exchange rate against euro will decrease by 0.277%; If China's consumer price index increases by 1%, China's nominal exchange rate against euro will increase by 0.235%. Conclusions - Generally speaking, the empirical evidences this paper provided show that the purchasing power parity theory has a certain explanatory ability for the decision of RMB exchange rate. As such, the purchasing power parity cannot hold completely, and China's government should continue to deepen the reform of the exchange rate system to improve China's exchange rate market.

• International Commerce and Information Review
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• v.18 no.3
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• pp.249-273
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• 2016

Recently companies consider the patent activity as one of the critical factor for success in global economy even though one of the enterprise's competitiveness factor was productivity in past industry economy. Since there are so many patent dispute globally in IT industry, it is very important for companies to register and manage patents strategically. Therefore, this research analyze relationship between Financial result and 3 patent activity factors like productivity, effectiveness, and high-quality by investigating patent and financial data of 217 Korean IT enterprises. This paper get the following results after building research model and hypothesis based on resource-based theory and analysing the data sets using multiple regression model. First, effectiveness and high-quality of patents showed positive(+) effect on growth of total assets of IT enterprises. Second, three factors of patent activities do not have significant results with average increase rate of sales. Third, only high-quality of patents have positive(+) effect on average increase rate of net income. The differentiation factor of this research is that this paper categorized patent activity factors as quantitative and qualitative factors, and practically suggested strategic direction of patent activities of IT companies which face serious patent distribute globally.