• 한국중재학회지:중재연구
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• 제13권2호
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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.

• 한국중재학회지:중재연구
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• 제12권1호
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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.

• 한국환경농학회지
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• 제33권4호
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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.

• 한국환경농학회지
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• 제33권3호
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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%,

• 한국환경농학회지
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• 제34권3호
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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

• 한국중재학회지:중재연구
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• 제28권2호
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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.

• 한국환경과학회지
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• 제12권2호
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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.

• 무역학회지
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• 제43권6호
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• pp.139-160
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• 2018

본 연구는 중재판정부의 임시적 처분에 대하여 중국 정부가 어떤 기준에 근거하여 판단하고 있는지 관련 사례분석을 통해 규명하고자 하였다. 먼저 대부분의 국가에서 중재판정부 에 의한 임시적 처분을 인정하고 있는 반면, 중국은 여전히 법원 고유의 권한으로 인정하고 있다. 이는 국제적 추세와 불일치하는 판단이기도 하다. 특히 주요법률 규정인 중재법과 민사소송법이 2017년에 개정되었음에도 임시적 처분에 대한 규정은 변화가 없고 여전히 중재규칙간의 불일치로 인한 문제가 남아 있다. 따라서 중재절차상 임시적 처분이 어떻게 적용하고 집행하는지 중국의 입장과 태도에 대해서 주의를 기울일 필요가 있다.

• 한국농촌건축학회논문집
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• 제25권1호
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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.

• 한국지역지리학회지
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• 제16권1호
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• pp.34-47
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• 2010

본 연구는 택지개발지구 내 단독주택용지의 상업용도의 침투 실태를 파악하고, 상업용도 침투요소의 영향력을 분석함으로써 향후 단독주택용지의 효율적인 개발방안을 도출하는데 목적이 있다. 분석결과 첫째, 도로특성 중 개별필지와 접하고 있는 도로의 폭원이 클수록 상업용도 침투에 영향을 미치는 것으로 나타났다. 이는 비주거시설이 교통접근성이 양호한 지역을 선호하여 이용객의 이용빈도가 높아지는 도로와 접해있는 지역에 입지하려는 성향이 있음을 보여준다. 둘째, 주변용도특성 중 단독주택용지, 공동주택, 근련생활시설, 학교와외 거리는 단독주택용지와 가까울수록 상업용도 침투비율의 상승 요인으로 작용하는 것으로 분석되었다. 이와 반대로 공원과의 거리는 멀수록 상업용도 침투비율이 높아지는 것으로 나타났다. 이는 곧 순수단독주택이 쾌적한 환경의 조건아라 할 수 있는 공원과 가까운 곳에 인접하여 조성되어 있고, 상업용도의 침투를 밀어내는 요소로 분석된다. 셋째, 지가특성온 양의 행태를 나타냈는데 이는 곧 공시지가의 가격이 높을수록 상업용도의 침투비율을 상승시키는 요인으로 작용하는 것으로 분석되었다.