• Journal of Arbitration Studies
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• v.26 no.3
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.179-197
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• 2004

As we observed in Irag war, air force power is integral to military operations owing to its promptness and accuracy. In this regard, strong air force power has a deterrent effect on a war. Meanwhile, as aviation industry is a key-future industry, the importance of the industry in our economy is significantly growing. Therefore, to maximize a national interest in utilizing limited aviation resources, it is necessary to establish a new system in which civil aviation and military aviation system is closely related and consolidated. Thus, our task is to find a way to enhance civil aviation industry to the extent of guaranteeing effective military operations. At the same time, civil aviation resources shall be effectively utilized for the military purposes in the event of a war. Ibis task should be carried out in a way to further efficiency for both civil and military aviation system, rather than resulting in conflicts between two syste

• International Journal of Concrete Structures and Materials
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• v.7 no.3
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• pp.193-202
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• 2013

Geopolymer mortar compressed blocks were prepared using fly ash, ground granulated blast furnace slag, silica fume and metakaolin as binders and sand/quarry dust/pond ash as fine aggregate. Alkaline solution was used to activate the source materials for synthesizing the geopolymer mortar. Fresh mortar was used to obtain the compressed blocks. The strength development with reference to different parameters was studied. The different parameters considered were fineness of fly ash, binder components, type of fine aggregate, molarity of alkaline solution, age of specimen, fluid-to-binder ratio, binder-to-aggregate ratio, degree of saturation, etc. The compressed blocks were tested for compression at different ages. It was observed that some of the blocks attained considerable strength within 24 h under ambient conditions. The cardinal aim was to analyze the experimental data generated to formulate a phenomenological model to arrive at the combinations of the ingredients to produce geopolymer blocks to meet the strength development desired at the specified age. The strength data was analyzed within the framework of generalized Abrams' law. It was interesting to note that the law was applicable to the analysis of strength development of partially saturated compressed blocks when the degree of saturation was maintained constant. The validity of phenomenological model was examined with an independent set of experimental data. The blocks can replace the traditional masonry blocks with many advantages.

• 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.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.28 no.5
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• pp.553-561
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• 2015

The exponential and power law functionally graded material(FGM) theory is reformulated considering the refined shear and normal deformation theory. This theory has ability to capture the both normal deformation effect and exponential and power law function in terms of the volume fraction of the constituents for material properties through the plate thickness. Navier's method has been used to solve the governing equations for all edges simply supported plates on Pasternak elastic foundation. Numerical solutions of vibration analysis of FGM plates are presented using this theory to illustrate the effects of power law index and 3-D theory of exponential and power law function on natural frequency. The relations between 3-D and 2-D higher-order shear deformation theory are discussed by numerical results. Further, effects of (i) power law index, (ii) side-to-thickness ratio, and (iii) elastic foundation parameter on nondimensional natural frequency are studied. To validate the present solutions, the reference solutions are discussed.

• Proceedings of the Korea Water Resources Association Conference
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• 2005.09a
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• pp.777-777
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• 2005

• Journal of the Earthquake Engineering Society of Korea
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• v.21 no.2
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• pp.87-93
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• 2017

Many studies are conducted in several fields for fragility analysis of structures or elements which is a probabilistic seismic safety analysis in consideration with uncertainty of seismic loading. It is hard to directly conduct fragility analysis for an infrastructure with social importance due to its size. Therefore, a fragility analysis for an infrastructure mainly conducted in element level or conducted with scaled model built in accordance with similarity law. In this article, fragility analysis for prototype and scaled model of reinforced concrete column was conducted with numerical models which had been updated by the results of shaking table test and pseudo dynamic test. As a result, response stress from the numerical analysis result of prototype model was higher than that from scaled model due to different stiffness ratios between steel and concrete. However, the probability of failure for scaled model was higher than that for prototype model because failure criteria for scaled model was down due to similarity law. Also it was evaluated that probability of failure by using log normal standard deviation of response stresses by spectrum matched accelerograms was more reliable than probability of failure by using existing coefficient of variation normally used.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.125-169
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• 2014

In France, arbitration, both domestic and international, has recently been subjected to a major reform. This article discusses the content of the 2011 reform and its aftermath, while putting into perspective the current arbitration act in South Korea, an arbitration-friendly jurisdiction that contemplates reforming its own law. The two legal systems are characterized by their concern for efficiency and rationalization of the arbitration proceedings, through the codification of essential principles previously established by case law and through the promotion of the independence of this ADR vis-$\grave{a}$-vis state courts. The efficiency consideration is strengthened at every stage of the proceedings: from the arbitration agreement often considered valid and rarely challenged, through the proceedings for annulment, recognition and enforcement of the award, up to the judicial assistance of the French supporting judge towards the actual arbitral proceedings. Finally, new concerns are emerging: the increase of transparency and the arbitrability of disputes in some uncertain fields of law.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.