• Journal of Arbitration Studies
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• v.22 no.3
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• pp.25-46
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• 2012

China instituted arbitration law on September 1, 1995, after having legislated the law under the UNCITRAL Model Law. However, Chinese arbitration law has some problems related to the effectiveness of its arbitration agreement, unlike the UNCITRAL Model Law. Thus, parties in dispute who want to settle a dispute based on Chinese arbitration law as governing law have more to take into consideration because there could be serious problems related to the effectiveness of the arbitration agreement. Therefore, this paper attempted to analyze the classification of jurisdiction related to the authorization of effectiveness in arbitration agreement of arbitral organization and Chinese, verify the problems, and suggest the solutions. Moreover, the author tried to verify the problems in applying the law related to the authorization of effectiveness in Chinese arbitration agreements and suggest some improvements. This paper also suggests improvements and problems related to the selection of arbitral organizations among several conditions for effective arbitration agreement in Chinese arbitration law. Finally, the author suggests some cautions and countermeasures related to arbitrations agreement for domestic investors and traders dealing with the Chinese.

• Korea-Australia Rheology Journal
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• v.19 no.1
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• pp.1-5
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• 2007

By combining ultrasonic energy which is essential for the chain scission of polymer molecules and a multifunctional agent (MFA) having double bonds at its ends, we were able to modify the molecular structure of polycarbonate (PC) from linear to a branched structure during melt processing. The three double bonds in chain ends of MFA were expected to act as sites for trapping macroradicals of PC during the course of ultrasound-assisted mixing process. The transformation of molecular structure of PC was confirmed by the measurements of rheological properties of the modified PC. After the ultrasonic irradiation of PC together with MFA, increase in complex viscosities and shear-thinning behavior were observed. The Cole-Cole plot and measurement of extensional viscosities revealed the characteristic features of branched structure with well-defined extensional behavior which is comparable to that of a commercial branched PC.

• Mass Spectrometry Letters
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• v.10 no.4
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• pp.112-116
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• 2019

In this study, a chloroform consumer chemical product (CCP) reference material (RM) is successfully developed, with potential to be used in the proficiency testing of hazardous compounds in CCPs for analysis and testing agencies. Validation experiments are rigorously conducted to evaluate whether the RM meets the requirements set by the ISO 13528 and ISO Guide 35, using a reliable GC/MS method for the analysis of chloroform. The obtained calibration plot linearity, limit of detection (LOD), and limit of quantitation (LOQ) are excellent. The developed RM meets the homogeneity and stability requirements; the between-unit (s_bb) and within-unit (s_wb) standard deviations are less than 2.5%, and the stability is found to be guaranteed for 50 days.

• Mycobiology
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• v.49 no.2
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• pp.183-187
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• 2021

The Shine Muscat is a table grape, popular in South Korea for its unique mango-flavor taste. Flyspeck is a disease that is characterized by small, black, and circular specks on the grape cuticle was first observed in several commercial orchards in Sangju, South Korea, in August 2019. Here we identified the causal agent of flyspeck based on an advanced diagnosis approach, comprised of both morphological and molecular analyses. Morphological characteristics of the cultures isolated from grape flyspeck were identical to the fungus Cladosporium perangustum. The concatenated sequences of ITS, ACT, and EF1-α were used for molecular phylogenetic analysis, BLAST searches along with Bayesian inference-based phylogeny, confirmed that the causal agent of grape flyspeck is C. perangustum. The cultured fungal isolates also produced flyspeck symptoms on healthy fruits in pathogenicity tests. To the best of my knowledge, this is the first documented evidence of any Cladosporium sp. producing flyspeck symptoms on any plant.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.68-77
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• 2013

This article consists of 3 parts. Part I is multi stakeholder approach on Internet governance system. Part II is analysis of the Korean Internet governance system. In this part, I explain relevant laws in Korea, including Korean Internet Address Resources Act. Part III is my suggestion on Korean Internet governance system using a multi stakeholder approach. First of all, the keyword of the Internet governance system is decision making process: that is, consensus based versus top-down approach. Then who are major players in Internet governance in national level? Government, or Private sectors such as business and civil society. Korean legal system for Internet governance shows a top-down decision making process. Major players are the government (that is, Ministry of Science, ICT and Future Planning) and KISA affiliated with the government. Other players include Internet Address Policy Committee, Korea Internet Governance Alliance, and NGOs. The key statute for Internet governance in Korea is Internet Address Resources Act of 2004. Articles 3 and 5 require the Ministry of Science, ICT and Future Planning to take a proactive role in Internet governance. The government shall consult with the Internet Address Policy Deliberation Committee for Internet governance. Yet this Committee is established under the control of the Ministry of Science, ICT and Future Planning. All members of this Committee are also commissioned or nominated by the Chairman of the Ministry. Meanwhile, there are also non-official organizations, including Sub-committee on Address & Infrastructure of Korea Internet Governance Alliance. I suggest to reform decision making process of Korean Internet governance system based on BOTTOM-UP process for CONSENSUS BASED DECISION. My suggested system includes the following: (1) The government hands over a major role in Internet governance to INDEPENDENT Internet policy organization. And the government participates in such organization as ONE of the players. (2) Nomination of this committee member must be bottom-up process for a genuine multi-stakeholder model including civil society, commercial organization, end-users and experts. (3) The government should establish plan for supporting the private sector's international activity on the long-term basis.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.77-108
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• 2007

The traditional name given to the insurance of third party liabilities and certain contractual liabilities which arise in connection with the operation of ships is protection and indemnity(P & I) insurance. P & I insurance is very different from traditional hull and machinery insurance in that shipowners' hull and machinery insurance is designed primarily to protect the assured against losses to his vessel, whereas P & I insurance seeks to indemnify an shipowner in respect of the discharge of legal liabilities he has incurred in operating his own vessels. This study is to examine the background of establishment of British P & I clubs md, therefore, the identity of P & I insurance. The present British P & I clubs are the remote descendants of the many small and local hull mutual insurance clubs that were formed by British shipowners in the end of 18th century. At that time, British shipowners were dissatified with the state of marine insurance market and, therefore, established clubs together in mutual hull insurance clubs. After the removal of the company monopoly in 1824, greater competition had a good effect on the rates, terms of cover and service offered by the commercial marine insurance market and by Lloyd's underwriters, and the hull clubs became less necessary and went into decline. The burden of British shipowners on liabilities to third parties was steadily increased after the middle of the 19th century, but the amount insured under hull policy was limited in the insured value of the ship. Eventually, the first protection club, that is, the Shipowners' Mutual Protection Society was formed in 1855. It was designed to like past mutual hull clubs, but to cover liabilities for loss of life and personal injury and also the collision risks excluded from the current marine policies, particularly the excess above the limits in hull policies. In 1870, the risks of liability for loss of or damage to cargo carried on board the insured ship was first awarded by the British shipowners. After 1874, many protection clubs formed indemnity club to cover the risk of liability for loss or damage to cargo. As mentioned above, British P & I clubs have been steadily changed according to the response of shipowners under the rapidly changing law of British shipowners' liability, and so on in the future.

• Journal of Environmental Health Sciences
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• v.48 no.3
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• pp.159-166
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• 2022

Background: A quantitative structure-activity relationship (QSAR) model was adopted in the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH, EU) regulations as well as the Act on Registration, Evaluation, etc. of Chemicals (AREC, Republic of Korea). It has been previously used in the registration of chemicals. Objectives: In this study, we investigated the correlation between the predicted data provided by three prediction programs using a QSAR model and actual experimental results (acute fish, daphnia magna toxicity). Through this approach, we aimed to effectively conjecture on the performance and determine the most applicable programs when designating toxic substances through the AREC. Methods: Chemicals that had been registered and evaluated in the Toxic Chemicals Control Act (TCCA, Republic of Korea) were selected for this study. Two prediction programs developed and operated by the U.S. EPA - the Ecological Structure-Activity Relationship (ECOSAR) and Toxicity Estimation Software Tool (T.E.S.T.) models - were utilized along with the TOPKAT (Toxicity Prediction by Komputer Assisted Technology) commercial program. The applicability of these three programs was evaluated according to three parameters: accuracy, sensitivity, and specificity. Results: The prediction analysis on fish and daphnia magna in the three programs showed that the TOPKAT program had better sensitivity than the others. Conclusions: Although the predictive performance of the TOPKAT program when using a single predictive program was found to perform well in toxic substance designation, using a single program involves many restrictions. It is necessary to validate the reliability of predictions by utilizing multiple methods when applying the prediction program to the regulation of chemicals.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.33-56
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• 2011

Korea Supreme Court has cancelled four cases of thirty-nine Arbitral awards made by Korean Commercial Arbitration Board since Korea arbitration act was enacted in 1966. Three cases of them were cancelled by the reason of the arbitrator's disqualification in relation to impartiality or independence and the other to arbitration agreement enable to select the lawsuit or arbitration. When a person is approached in connection with his possible appointment as an arbitrator or has already been appointed as such, he shall without delay disclose all circumstances likely to give rise to justifiable doubts as to his impartiality or independence according to the one of the article 13 of Korean Arbitration Act. Upon being notified of the appointment as an arbitrator, each arbitrator shall immediately disclose in writing to the Secretariat any circumstances which might cause reasonable doubt about impartiality or independence. An arbitration agreement shall be made clearly and in writing not to appeal to the court or to be brought in the court. However most of the korean construction contracts have the arbitration agreement clause enable to appeal to the court or the arbitration on government official's advice. Many of these disputes are resolved by litigation after the precedent(Law case number : 2003da318) set by the Supreme Court on August 22, 2003 between the Korea(government) and the Korea Railroad or abandoned its attempt to arbitration. But each year, about four hundreds of arbitration business transactions were resolved arbitration, the voluntary submission of a dispute to an impartial person or persons for final and binding determination. Arbitration has proven to be an effective way to resolve these disputes privately, promptly, and economically.

• Korean Security Journal
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• no.29
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• pp.7-34
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• 2011

Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

• Journal of Arbitration Studies
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• v.34 no.1
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• pp.51-74
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• 2024

Korea continues to invest in the IT industry and is currently regarded as one of the five major powerhouses in the field of intellectual property. However, it is evaluated that this status is only limited, and the level of intellectual property protection and dispute resolution does not reach a level commensurate with the status of one of the five major intellectual property powers. To address these problems, the Korean government has enacted the Arbitration Industry Promotion Act in 2017, which aims to strengthen national competitiveness by fostering the arbitration system as an industry and provide systematic support so that the arbitration industry can become a future growth engine. In addition, in accordance with Article 3 of the 「Arbitration Industry Promotion Act」, the Minister of Justice must establish "the Basic Plan for Arbitration Industry Promotion" every 5 years. Great efforts must be put into establishing an Online Dispute Resolution (ODR) system at the KCAB for five years from 2024 to 2028, the Second Basic Plan for the Promotion of the Arbitration Industry period. Under these circumstances, this study presents implications and improvement measures for the development of the intellectual property-related arbitration system to protect Korea's intellectual property rights and contribute to more active intellectual property creation. In particular, this study proposes a plan to build an one-stop digital platform for KCAB to implement an efficient ODR system.