• Journal of Korean Society for Geospatial Information Science
• /
• v.17 no.4
• /
• pp.53-60
• /
• 2009

Recently, the Korean government has amended the "National Territory Planning Act" by adding criteria to designate the Impact Fee Zone on the basis of the population increase rate. Taking the Dongtan Newtown in Hwasung City as the case, the study first tries to apply a grid analysis method to figure out the cells that exceed the legal population increase rate criteria. Then, the study, for rather a practical purpose, introduces a scenario analysis that tries to envelope the cells into a spatially contiguous groups based on their degrees of stepwise adjacency by cell buffer formation. By overlapping the selected cell groups chosen by such stepwise scenarios over the actual zoning map of land-uses for the vicinity, it seems clear that the chosen areas rationally coincide with those residential blocks and commercial areas with the high population density in the Newtown.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
• /
• v.16 no.1
• /
• pp.107-122
• /
• 2018

Kori unit 1, the oldest commercial nuclear power plant in South Korea, was permanently shut down in June 2017. There are a lot of things to consider in decommissioning nuclear power plants, and one of them is the radiological environmental impact assessment. Performed to promote the health and safety of residents around the nuclear power plant, radiological environmental impact assessment aims to confirm that off-site radiological dose from radioactive material released from the facility does not exceed the regulatory criteria. There are three main parts of environmental impact assessment: pre-decommissioning environmental monitoring, environmental monitoring during decommissioning, and impact on nearby residents. At present, although the Korea Nuclear Safety Act stipulates that radiological environmental impact assessment resulting from decommissioning should be carried out, the details have not been specified. Therefore, this paper compares and analyzes guidelines for evaluation of radiological environmental impacts of nuclear power plants overseas, and presents a draft on the assessment of radiological dose resulting from decommissioning according to the Korean situation.

• Journal of Arbitration Studies
• /
• v.18 no.1
• /
• pp.31-47
• /
• 2008

An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

• Korean Journal of Plant Resources
• /
• v.28 no.1
• /
• pp.135-144
• /
• 2015

The Korean daily intake of vegetable oils has increased about 2.5-fold from 17 g/day to 46 g/day for the last several decades. Perilla (Perilla frutescens var. frutescens) has been cultivated in Korea for a long time as a dietary oil seed which has the highest content of ${\alpha}$-linolenic acid, accounting for nearly 60%. It is known that the main role of ALA is as a precursor to the longer-chain ${\omega}-3$, eicosapentaenoic acid (EPA), and docosahexaenoic acid (DHA), the metabolic products of ${\alpha}$-linolenic acid (ALA, ${\omega}-3$). Dietary ${\omega}-3$ fatty acids reduce inflammation and the risk of chronic diseases such as heart disease, cancer, and arthritis, but they also may act as functional components for cognitive and behavioral function. Thus, ${\alpha}$-linolenic acid is one of the essential nutrients in modern dietary patterns in which much linoleic acid is consumed. Nevertheless, perilla oil, rich in ${\alpha}$-linolenic acid, can be easily oxidized, giving rise to controversies with respect to shelf life, the deterioration of the product's commercial value, and further related toxicity. Recent research using genetic modifications has tried to develop new plant oil seeds that balance the ratio of ${\omega}-6/{\omega}-3$ fatty acids. Such trials could be a strategy for improving an easily oxidizable property of perilla oil due to high ${\alpha}$-linolenic acid. Alternatively, appropriate application of antioxidant to the oil can be considerable.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.19
• /
• pp.191-223
• /
• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.18
• /
• pp.27-62
• /
• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• Applied Biological Chemistry
• /
• v.49 no.2
• /
• pp.103-107
• /
• 2006

Effects of temperature and relative humidity on fat soluble vitamin contents in two commercial vitamin tablets ('Multivitamin Dandelion' and 'vitamin E Yarrow') were investigated. When they stored at different temperature (25, 35, and $45^{\circ}C$) with cap and stored at low relative humidity (11% RH) without cap, all fat soluble vitamins (vitamin A acetate, vitamin E acetate and vitamin E) were stable during 24 weeks of storage period. However, when they stored at high relative humidity (75% RH and 100% RH) without cap, vitamin A acetate and vitamin E acetate dramatically disintegrated at the early stage of storage. On the other hand, vitamin E gradually decreased during storage. Therefore, stability of some fat soluble vitamins, which exist as acetate form, was highly dependent on relative humidity rather than storage temperature. Water may act as a plasticizer and increased the mobility of molecules in vitamin tablet resulting in relatively fast disintegration of some fat soluble vitamins.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.29
• /
• pp.39-61
• /
• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.125-157
• /
• 2019

Technological advancement and demand of sUAS (small Unmanned Aircraft System)are rapidly growing, which makes the current legal system unable to follow. Currently, Aviation Security Act and its subordinate law exclude the registration and certification for non-commercial purpose sUAS weighing less than 12kg. Despite this sUAS being the most popular model for consumer, there is no way to regulate them legally. When there is sUAS crash accident, the operator legally responsible for the occurrence damage cannot be identified. It has been an issue for a long time with the concrete classification and registration of sUAS, but it has not been introduced yet. It is obvious that damages caused by sUAS will be transferred not only to operators but also to third parties. Discussions on liability insurance for these sUAS are actively being held. But first, it is necessary to identify who will be responsible for the damage caused by the sUAS. In other words, even with the liability system established, without clarified operator the damage occurred cannot determine who is responsible. According to the cases of America and Germany, they have enforced the law of registration and identification obligated to 200g or 250g sUAS. Therefore, it is necessary to prepare regulations on concrete classification and registrations to identify for noncommercial purpose sUAS as soon as possible in Korea.

• Journal of Arbitration Studies
• /
• v.16 no.1
• /
• pp.45-80
• /
• 2006

The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.