• Journal of Arbitration Studies
• /
• v.11 no.1
• /
• pp.181-215
• /
• 2001

The thirty-fourth session of UNCITRAL Working Group on Arbitration was held in New York. Among the topics discussed at the session, many delegations agreed to reform the article 7 of the UNCITRAL Model Law on International Commercial Arbitration in light of the development of electronic commerce. As for the article 2(2) of the New York Convention, it was agreed to reflect the changes of the article 7 not in the form of a treaty amendment but in the form of an interpretative statement. The topic as to provisional measures has been found so difficult to reach an agreement that most of its texts submitted by the secretariat were left untouched for the lack of time. However, most provisions of the legislative texts on conciliation were dealt with by delegations. The next session is to be held in Vienna. While the Korean Arbitration Act of 1966 was fully amended in 1999, it seems interesting to look at the development in which the arbitration community of the world has already begun discussing the new dimension of the law and practice of international commercial arbitration. It may be considered early to start a new project of reforming the Korean Arbitration Act at this time when only three years passed after it was fully amended. It is, however, worthwhile to remember that some progressive efforts were aborted in amending the Arbitration Act of 1966. One of them is about the same issue on the insertion of some provisions on the enforcement of interim measures of protection to which the priority is given by the Working Group. It seems fair to say that it would not be dangerous to follow the developments and to adapt ourselves to such trends shown in the session. In Korea, the words “arbitration” and “conciliation” are misleadingly interchanged although these two words should be differentiated from each other in the sense of third-party binding decision. It is self-evident from the Korean Arbitration Act and judicial decisions that arbitral awards bind the disputing parties and are to be treated as final judgements by the competent courts. It is, however, not uncommon to find that the word “arbitration” is misinterpreted as having the same meaning of the word “conciliation”. One of the reasons for the confusion is that many legislations in Korea provide for conciliation as having the meaning of arbitration and vice versa. It may be probable that the proposed legislative texts on conciliation could be a kind of useful method to prevent such confusion from being uncontrollable. It is, therefore, necessary that the legislative texts should be introduced into Korea as a legislation on conciliation.

• Journal of Arbitration Studies
• /
• v.30 no.3
• /
• pp.3-19
• /
• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

• The Korean Journal of Air & Space Law and Policy
• /
• v.15
• /
• pp.123-145
• /
• 2002

Commercialization and privatization of outer space has been developing to the extent that public space law regime established at the UN seems to be somewhat incompatible with the today' s commercial launching services. Thus, this paper analyzes, at first, the UN space treaties to specify the obstacles for promoting commercial use. The necessity of some covert amendment of UN treaties is suggested through the national space legislation. Then three state practices are examined to propose a new concept of the "launching state" including the Sea Launch project, since the concept of the "launching state" is of the major importance to enact an effective national act to better accommodate UN space treaties to the present necessity.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.495-522
• /
• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Journal of Arbitration Studies
• /
• v.21 no.1
• /
• pp.131-155
• /
• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• Journal of Plant Biotechnology
• /
• v.29 no.3
• /
• pp.199-207
• /
• 2002

The tropane alkaloids hyoscyamine (its racemic form being atropine) and scopolamine are used medicinally as anticholinergic agents that act on the parasympathetic nerve system. Because they differ in their actions on the central nervous system, currently there is a 10-fold higher commercial demand for scopolamine, in the N-butylbromide form, than there is for hyoscyamine and atropine combined. Several solanaceous species have been used as the commercial sources of these alkaloids, but the scopolamine contents in these plants often are much lower than those of hyoscyamine. For this reason there has been long-standing interest in increasing the scopolamine contents of cultivated medicinal plants. Naturally occurring and artificial interspecific hybrids of Duboisia have high scopolamine contents and are cultivated as a commercial source of scopolamine in Australia and other countries. Anther culture combined with conventional interspecific hybridization also has been used to breed high scopolamine-containing plants in the genera Datura and Hyoscyamus, but without much success. The use of recombinant DNA technology for the manipulation of metabolic processes in cells promises to provide important contributions to basic science, agriculture, and medicine. In this review, I introduce on the enzymes and genes involved in tropane alkaloid biosynthesis and current progress in metabolic engineering approaches for tropane alkaloid, especially scopolamine, production.

• Journal of Advanced Navigation Technology
• /
• v.24 no.6
• /
• pp.491-499
• /
• 2020

There are policies that foster the drone industry, which either put a legal precedent on drones through the "Drone Act" or grant a delay or exemption in applying the safety measures of "the Aviation Safety Act". Yet, the definition of a drone is unclear, requiring further discussion on commercial usage. Therefore, we have studied cases domestically and abroad, and also analyzed issues with the current aviation legislation. It was found that a drone is defined as "an unmanned aircraft where a pilot is not on board, and its net weight is 150 kg or less". However, there are several issues, such as that a drone taxi requires a pilot on board, and its weight is 150 kg or more. Thus, we propose to define a drone as "an unmanned aerial vehicle (provided, that its own net weight should be 300 kg or under, or not be limited to weight) under Article 2 (3) of the "Aviation Security Act" as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport, which operates either by remote, automatically, or autonomously; or an unmanned aircraft under Article 2 (6) of the "Aviation Security Act".

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.18 no.4
• /
• pp.336-344
• /
• 2012

It is very important to salvage the vessel and seafarer rapidly and efficiently when maritime accident occurred, as maritime accident has a bad effect on vessel, seafarer and shipping industry as well as the whole community itself. Especially, marine salvage in relation to the accident involving huge marine pollution and loss of life will be regarded as a more important process because the accident would result more severe damages. However, domestic marine salvage forces are weaker than other country's, and private marine salvage company has poor technical and commercial base even though the Korea Coast Guard and Navy have relatively more modernized equipments and squad. Thus, it is very important to promote marine salvage operation capacity because it is related with the national security as well as the national economy. In this regard, this study examines the promoting method of marine salvage including its public and private section from the perspectives of law and systemic revision.

• Korean Journal of Environmental Agriculture
• /
• v.34 no.4
• /
• pp.282-287
• /
• 2015

BACKGROUND: The current study was carried out to investigate Cd, Hg, Pb and As contaminations in 222 commercial medicinal plants and to estimate the potential health risk through dietary intake of commercial medicinal plants in Korea.METHODS AND RESULTS: The Cd, Hg, Pb, and As in medicinal plants were analyzed by ICP/MS and mercury analyzer.The potential health risk was estimated using risk assessment tools. Total amount of Cd in medicinal plants with 29% samples exceeded the standard limit legislated in 'Pharmaceutical Affairs Act' while all plant samples were lower than the standard limit value for As, Hg, and Pb. However, when applying the standard limit for root vegetable (fresh weight) in the Food Sanitation Act, four samples exceeded the standard limit of Pb. For health risk assessment, the values of cancer risk probability were 0.3~5.9×10^-7which were less than the acceptable cancer risk of 10^-6~10^-4for regulatory purpose. Also, Hazard quotientvalues were lower than 1.0.CONCLUSION: Therefore, these results demonstrated that human exposure to Cd, Hg, Pb, and As through dietary intake of commercial medicinal plants might notcause adverse health effects although some medicinal plants were higher than the standard limit values for Cd and Pb.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.49
• /
• pp.61-86
• /
• 2011

Korea Supreme Court has given thirty-nine time's judgments on enforcement of Arbitral awards for thirty-six arbitration cases and made four time's decision on the arbitration cases since Korea arbitration act was enacted in 1966. Most of the arbitration cases appealed to the Supreme Court was to obtain the recognition and enforcement of arbitral awards or to set aside the arbitral awards according to the Korea arbitration Act article 36 and article 37, by reason of (a) a party to the arbitration agreement was under some incapacity under the law applicable to him or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, (b) a party making the application was not given proper notice of the appointment of the arbitrator or arbitrators or of the arbitral proceedings or was otherwise unable to present his case (c) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, 5 cases of these arbitral awards were refused to obtain the enforcement of Arbitral awards and have been cancelled finally by the Supreme Court only by the New York Convention of 1958.