• Title/Summary/Keyword: Korean Commercial Act

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The Doctrine of Separability and Kompetenz-Kompetenz under International Commercial Arbitration. (전자상거래분쟁에서 국제재판관할권의 논점)

  • 박종삼
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.235-262
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    • 2004
  • A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

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A Study on Comparison of Commercial Arbitration System in Korea and U.S.A. (한국과 미국의 상사중재제도에 관한 비교연구)

  • 이강빈
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.271-321
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    • 2002
  • Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

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Determination of Dimethyl Disulfide, Diallyl Disulfide, and Diallyl Trisulfide in Biopesticides Containing Allium Sativum Extract by Gas Chromatography

  • Lim, Sung-Jin;Lee, Ji-Hye;Kim, Jin-Hyo;Cho, Geun-Hyoung;Cho, Nam-Jun;Park, Byung-Jun
    • Korean Journal of Environmental Agriculture
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    • v.33 no.4
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    • pp.381-387
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    • 2014
  • BACKGROUND: Garlic (Allium sativum) extract has been allowed as commercial biopesticide material for pesticidal activity in the Environmentally-friendly Agriculture Promotion Act. Nine commercial biopesticides containing A. sativum extract have been marketed in Korea. However, the analytical method of the active substances in these materials has not been studied. METHODS AND RESULTS: Cartridge clean-up method for the determination of dimethyl disulfide(DMDS), diallyl disulfide(DADS), and diallyl trisulfide(DATS) in biopesticides containing A. sativum extract was developed and validated by gas chromatography(GC). The clean-up method was optimized using hydrophilic lipophilic balance (HLB) solid phase extraction(SPE) cartridges for the bioactive sulfides in biopesticides containing A. sativum extract, and the eluate was analyzed to quantify the DMDS, DADS, and DATS using the GC. The developed method was validated, and the LOQ and recovery rates of DMDS, DADS, and DATS were 0.226, 0.063, and $0.051mg\;L^{-1}$ and 80.6, 84.8, and 73.1%, respectively. From the nine commercial biopesticide samples, contents of DMDS, DADS, and DATS were analyzed using the developed method and results showed $2.3mg\;L^{-1}$, respectively. CONCLUSION: The developed method could be used in determining the quality of biopesticides for the manufacture of commercial biopesticides containing A. sativum extract.

Quantitative Analysis of Cinnamaldehyde, Cinnamylalcohol and Salicylaldehyde in Commercial Biopesticides Containing Cinnamon Extract Using Gas Chromatography - Flame Ionization Detector

  • Lim, Sung-Jin;Lee, Ji-Hye;Kim, Jin-Hyo;Choi, Geun-Hyoung;Cho, Nam-Jun;Park, Byung-Jun
    • Korean Journal of Environmental Agriculture
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    • v.33 no.3
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    • pp.213-219
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    • 2014
  • BACKGROUND: In an environment-friendly agriculture, plant extracts have been perceived as alternatives of synthetic pesticides. The Environment-friendly Agriculture Promotion Act of Korea has approved cinnamon extract as a matter for the production of commercial biopesticides. Thirteen commercial biopesticides containing cinnamon extract have been marketed locally. However, the analytical method for the quality control of these biopesticides containing cinnamon extract has not been studied. METHODS AND RESULTS: Cartridge clean-up method for the determination of cinnamaldehyde, cinnamylalcohol and salicylaldehyde in biopesticides containing cinnamon extract was developed and validated by gas chromatography (GC). The clean-up method was optimized with HLB SPE cartridges for the bioactive substance in biopesticides containing cinnamon extract, and the eluate was analyzed by GC. The developed method was validated, and the LOQ and recovery rates of cinnamaldehyde, cinnamylalcohol and salicylaldehyde were 0.139, 0.067 and $0.062mgL^{-1}$ and 84.2, 86.5 and 82.1%, respectively. The contents of cinnamaldehyde, cinnamylalcohol and salicylaldehyde were analyzed using the developed method in the 13 commercial biopesticides. Results showed 0.06-17.37%,

Quantitative Analysis of Allylmethyl Sulfide, Dimethyl Disulfide, and Dipropyl Sulfide in Biopesticides Containing Allium sativum Extract Using Gas Chromatography Mass Spectrometry-Head Space Sampler (Head-space GC-MS를 활용한 마늘추출물 함유 유기농자재 중 Allylmethyl Sulfide, Dimethyl Disulfide 및 Dipropyl Sulfide 분석)

  • Lim, Sung-Jin;Oh, Young-Tak;Kim, Jin-Hyo;Choi, Geun-Hyoung;Park, Byung-Jun
    • Korean Journal of Environmental Agriculture
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    • v.34 no.3
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    • pp.217-222
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    • 2015
  • BACKGROUND: Garlic (Allium sativum) contains polyphenols and sulfur compounds that are recognized as antioxidant, antithrombotic, anticancer, antibacterial, antimicrobial, nematicidal, and insecticidal activity. For this reason, the Environmentally-friendly Agriculture Promotion Act allowed the garlic extract as commercial biopesticide material for crop protection, nine commercial biopesticides containing A. sativum extract have been marketed in Korea. METHODS AND RESULTS: The determination of allylmethyl sulfide (AMS), dimethyl disulfide (DMDS), and dipropyl sulfide (DPS) in biopesticides containing A. sativum extract was developed and validated by gas chromatography (GC) mass spectrometry (MS) with head-space sampler. The developed method was validated, and the limit of quantification (LOQ) and recovery rates of AMS, DMDS, and DPS were 0.08, 0.32, and 0.09 mg/L and 90.3-91.3, 86.2-88.3, and 87.6-89.5%, respectively. From the nine commercial biopesticide samples, contents of AMS, DMDS, and DPS were analyzed using the developed method and results showed

An Arbitrator's Duty of Disclosure and Reasonable Investigation: A Case Comment on the Supreme Court of Japan's Decision on December 12, 2017, 2016 (Kyo) 43 (중재인의 고지의무와 합리적 조사의무 - 일본 최고재판소 2017년 12월 12일 결정을 중심으로 -)

  • Kim, Young-Ju
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.217-248
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    • 2018
  • This paper reviews the Supreme Court of Japan in Decision of December 12, 2017, 2016 (Kyo) 43 (2011) concerning arbitrator's duty of disclosure and reasonable investigation under the Japan Arbitration Act (Arbitration Act). The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Arbitration Act. Under Article 18(4) of the Arbitration Act, arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. The Supreme Court held that Article 18(4) of the Arbitration Act - requiring arbitrators to disclose all "facts likely to give rise to doubts as to his/her impartiality or independence" - (1) is not satisfied by blanket disclosures or advance waivers of potential future conflicts, and (2) requires disclosure of facts both known to an arbitrator or "that can be normally ascertained by an investigation that is reasonably possible${\cdots}$" This new standard presents opportunities and challenges for enforcing arbitration awards in Japan, and suggests measures that both arbitrators and parties can use to protect their awards. Also, the Supreme Court's new standards for evaluating arbitrator conflict disclosures suggest some measures that both arbitrators and parties to arbitration in Japan can take to protect the enforceability of their awards. The key factual question posed by the Supreme Court's ruling was whether an arbitrator's conflicts check was reasonable. Maintaining records regarding a review of potential conflicts or any investigation provides a ready source of proof in case of a future challenge. The Supreme Court has spoken clearly that so-called advance waivers of potential conflicts are not effective under Japanese law. Instead, to the extent that potential conflicts arise during the course of arbitration, they should be specifically disclosed.

Comparison Between Conservation System of a Coastal Type of National Park of Korea and Japan - Focused on Taean-Haean National Park - (해안형 국립공원의 보전체계에 대한 한.일 비교 - 태안해안 국립공원을 중심으로 -)

  • Jo, Tae-Dong;Okano, Takahiro
    • Journal of Environmental Science International
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    • v.12 no.2
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    • pp.151-155
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    • 2003
  • The resources conservation system is comprehended, making Taean-haean National Park a research material by applying the fact of landowning, designating an LOP and Korea and Japan's Natural Park Act. Following conclusions were obtained in this study; Most of land areas of the National Park are privately owned; Only a few have been designated as Natural Reservation, a core reserved area on LOP, and a sandy beach, a sand dune, a sand spit, a tidal flat, a wetland, etc are distributed in the natural environment area so they were exposed to development; As seen in most of coastal type of National Parks, 13 commercial beaches are established. The annual rush to the beaches appears in July and August; Sand dune areas that have to be managed in terms of conservation, are turned into beaches. Moreover, the collective facilities areas are randomly developed. So they fail to function originally; The current Natural Park Act has no systematic devices for conservation of the natural resources on the seashore or offshore.

A Study China's Interim Measures Cases and Implication (중국법상 임시적 처분 사례와 시사점)

  • Yun, Sung-Min
    • Korea Trade Review
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    • v.43 no.6
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    • pp.139-160
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    • 2018
  • The purpose of this paper is to analyze how governments determine interim measures based on relevant case studies. In most countries, the arbitral tribunal will recognize the interim measures, but china still recognizes the court's own authority. This is inconsistent with international trend. Although the Arbitration Act and the Civil Procedure Act were amended in 2017, but there is no consistency between these laws and arbitration rules for interim measures. Therefore, this paper analyzes the attitude of the Chinese government to interim measures and suggests practical implications for international arbitration dispute resolutions. Understanding the advantages and disadvantages of temporary measures and timely use in China can play an important role in protecting the rights of Korean companies in commercial arbitration.

A Study of Private Development of Long-Term Unexecuted Urban Parks through a Special Act - Difficulties and Solutions of Pohang - (장기미집행 도시공원의 특례법에 따른 민간공원사업 특성연구 - 포항시의 사업추진 어려움과 해결방안 -)

  • Ahn, Byungkuk;Koo, Chamun
    • Journal of the Korean Institute of Rural Architecture
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    • v.25 no.1
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    • pp.1-8
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    • 2023
  • This is a case study of private sector's development of long-term unexecuted urban parks in Pohang through a special act, which provides a guideline of 30% of land for non-park while 70% of land for park. The strategy has a lot of validity in many respects along with the urban planning sunset system, but even with the special act it would not easy to be implemented in Pohang, where the guideline has been modified to 20% for non-park, mostly multi-family housing projects while 80% for park. Thus, participation of private companies would be discouraged due to low commercial validity. Also, there would exist various risks because the project would be completed through a long-term decision-making and execution process. Thus, this study argues that it would be better for Pohang to follow the original guideline of the government for better implementation of the projects, along with preparation of a law with which the government be able to recoup excess profits when too much profits would be given to private developers. For the project implemented smoothly, it is also important to understand local housing market and fluctuating economic conditions, and to prepare various incentives for private companies. In addition, to secure publicity, guidelines on the level of publicity of the project should be prepared through negotiation by parties to prevent the project being discouraged too much.

An Analysis Affecting Commercial Use Penetration within Single-detached Residential Units in the Residential Development Complexes : Focused on Cheong-ju Cases (택지개발지구 단독주택용지내 상업용도 침투의 영향요소 분석 : 청주시 사례를 중심으로)

  • Song, Sun-Gi;Jung, Yun-Kwang;Hwang, Hee-Yun
    • Journal of the Korean association of regional geographers
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    • v.16 no.1
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    • pp.34-47
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    • 2010
  • The purpose of this study is to investigate the actual condition of commercial use of housing site in residential development complexes, and to derive effective future development plan by analyzing the influence of penetrating factors of commercial use. The foJlowing are the results of the analysis. First, characteristics of roads showed that the wider the widths of roads adjoining individual lots have more influences on commercial use penetration. This means that non-residential facilities tend to be located on regions where frequencies of uses are high, preferring regions having good transportation accessibility. Second, characteristics of adjacent usage showed that the distances of common housing, neighborhood facilities, schools to single-detached residential units acted as a factor for higher penetration ratio of commercial use when they were closer.ors an opposite, it showed as distances to parks were further, the penetration ratio were higher. This can be inferred that the condition of detached houses located closer to parks have pleasure environment, and act as a factor preventing commercial use penetration. Third, the official land price presents as a form of quality, as the analysis showed that the higher official land price, the more it acts as a factor increasing the penetration ratio of commercial use.

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