• Journal of Arbitration Studies
• /
• v.17 no.2
• /
• pp.101-124
• /
• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• Korean Journal of Environmental Agriculture
• /
• v.34 no.1
• /
• pp.52-56
• /
• 2015

BACKGROUND: Three commercial biopesticides containing derris extract, which is permitted as a commercial biopesticide substances by the Environmentally-friendly Agriculture Promotion Act, have been marketed in Korea. But, the quantitative analytical method of active substances for crop protection in biopesticides containing derris extract has not known. METHODS AND RESULTS: Solid phase extraction (SPE) cartridge clean-up method for the quantitative analysis of rotenone and deguelin in biopesticides containing derris extract was developed and validated by ultra-performance liquid chromatography (UPLC). The clean-up method was established using hydrophilic lipophilic balance (HLB) SPE cartridges for the bioactive substances in biopesticides containing derris extract, and the eluate was analyzed to quantify the rotenone and deguelin by the UPLC. LOQ and recovery rates of rotenone and deguelin were 0.085 and 0.044 mg/L, 95.7 and 93.3%, respectively. The content of rotenone and deguelin in three biopesticides containing derris extract were analyzed by the developed method, the results showed 0.001-0.236 and

• Journal of Arbitration Studies
• /
• v.28 no.2
• /
• pp.111-135
• /
• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.143-168
• /
• 2009

International Factoring transaction in Korea is different from that of financially advanced countries in terms of legal system and commercial and financial practices. As for the domestic factoring, Korean factors are only involved in advances often on a with recourse basis. With regard to the international factoring, Korean factors do not accommodate whole account receivables from clients (suppliers) but handle on a selective basis. Among Korean banks, KEXIM (Export and Import Bank of Korea) is sole factor for international transactions. Currently KEXIM and several foreign banks handle factoring provide factoring services with limitation to invoice discounting which is largely extended to large corporate names. Therefore this is far different from factoring in Europe and Americas designed for small exporters with non recourse advances. In respect of legal environment, receivable assignment is subject to debtor' acknowledge or approval of such assignment according to Civil Law Act. To remove the legal obstacles, Korean government have prepared new law which allows factor's own notification of assignment (and thereby reimbursement right) to debtor with some evidences.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.51
• /
• pp.159-185
• /
• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• Journal of Arbitration Studies
• /
• v.15 no.2
• /
• pp.125-162
• /
• 2005

This paper examined excluded risks of insurer in marine insurance generally, and found out the existing studies on the excluded risks, which were accomplished partially and fragmentarily, to conduct a comparative analysis of marine insurance based on the general flow of claim adjustment. It arranges the existing studies to settle a dispute between the parties -insurer and assurer- and studies the excluded risk based on risk change of the insured by analyzing characteristic and class of security violation, and meaning, form, effect of risk change. it inquires into and analysis cases of the Korean Supreme Court related to the exclusion and illegal act of marine insurance to compare marine theorists' opinion with commercial law.

• Korean Institute of Interior Design Journal
• /
• no.1
• /
• pp.56-66
• /
• 1992

A study on the social necessity of marriage culture center and its interial environmental design. -Focus on the plan for the special department store of necessary articles for marriage. The purposes of this study are to play a role as a guide of marriage for the age-group people who want to marry soon, and to devise a special departmentstore which harmonizes two systems of sales promotion and cultural role, which reflect features of marriage culture. This department store will settle all the procedure of marriage easily, and will improve the commercial state that hampers the essential value of marriage and that arose at department store of necessary articles for marriage and facilities for ceremony during preparation of it. Followings are also included in this study ; to study about how can the special department store offers a cultural space which is coincindent to consumer's needs, to devise a purchaser's concenience obtaining affirmative act and mental satisfaction , and to originate a design following the result.

• Journal of the Korean Society for Aviation and Aeronautics
• /
• v.28 no.1
• /
• pp.115-121
• /
• 2020

Recently avionics equipment and its integration are most important part for implementing high performance aircraft system. This trends are emphasized in the military or special purpose aircraft development program. Flight Test Bed Aircraft (hereafter FTB A/C) - by modified commercial aircraft - was key solution to verify function and performance of avionics system for complex aircraft development program for a while, but there are no experience to use it in domestic airspace of ROK. This paper would like to address what act and regulation is necessary to perform flight operation of FTB A/C with keeping a airworthiness and airspace control policy. and then willing to propose what do we do for improving aviation industry.

• Journal of the Korean Home Economics Association
• /
• v.19 no.2
• /
• pp.135-141
• /
• 1981

This study was conducted to survey the end-use properties of the commercial men's socks. Date were obtained from 16 samples of men's socks gathered from department store, markets, specialty chain and variety store in street. Stretchness, performance of rib top, fiber contents, strength (abrasion and bursting), pilling properties and color fastness of socks tested in this study were as follows. 1. Stretchness of socks was sufficient but elongation of rib top was insufficient, therefore these facts are getting to become problem to consumers. 2. Fiber contents of samples were not in accord with the labelled item and criteria of Textile Fiber Product Identification Act. 3. Strength and pilling properties were vaious in according to fiber contents of socks. Socks blended of synthetic fibers were superior to that pure natural fibers in strength but not in pilling. 4. Color fastness to perspiration and rubbing were sufficient on the whole, but fastness to laundering in stain were very insufficient.

• Korean Journal of Veterinary Research
• /
• v.49 no.1
• /
• pp.35-38
• /
• 2009

The zebra shark Stegostoma fasciatum which had been reared in the commercial aquaria was found dead and submitted for postmortem examination. A pure bacterial culture was isolated from pale and enlarged liver. The analysis of ureC and 16S rRNA genes confirmed the isolate as Photobacterium (P.) damselae subsp. damselae and this pathogen was sensitive to gentamicin. Although, no mortality in mouse was observed in the experimental infection study, the isolation of this pathogen in aquarium fish is significant because it can act as a reservoir to other aquatic animals and can also be zoonotic potential to human during aquarium management. This paper describes the first isolation of P. damselae subsp. damselae from zebra shark.