• Journal of Arbitration Studies
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• v.22 no.1
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• pp.89-110
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• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.3-27
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• 2013

Overriding Mandatory rules are laws that purport to apply irrespective of the law chosen by the parties to govern their contractual relations. This article examines their role and applicability in international arbitration. The overriding mandatory rules pose a complex and continuing problem for arbitrators because they put the interests of states and parties in direct competition. When a law says that arbitrators must apply it, yet the parties' contract excludes it, what should the arbitrators do? Where should their allegiance lie? The answer depends on the underlying nature of arbitration - and since that can be legitimately conceptualized in different ways, a principled approach to overriding mandatory rules seems to be impossible to provide. Nevertheless, a practical solution is required, because there were European cases in which courts voided valid arbitration agreements made, reasoning that arbitrators certainly would not apply and/or take into account its overriding mandatory rules of indemnity right granted to commercial agent and distributor in Europe. Therefore, this paper first examines status of overriding mandatory rules of another law in international litigation and then explores any possibility of application of overriding mandatory rules of another law in international commercial arbitration. With this analysis, the author reaches into a conclusion that the arbitrator should and/or take into account overriding mandatory rules of another law, yet should limit to them of the country where characteristic performance is made under the contract.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.95-107
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• 2017

Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

• Journal of Korean Society of Archives and Records Management
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• v.20 no.3
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• pp.39-54
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• 2020

Records at closed private universities are simply kept in stacks without the use of records classification systems. However, the systematic management of such records is needed as these are important records that have legal and evidential value during the litigation process. Therefore, this study intends to develop a classification system for recordkeeping at closed private universities aiming to eliminate unnecessary follow-up procedures that may occur because of the absence of a records classification system, and to develop practical tools for managing records at closed universities. To this end, Seonam University, among the 13 transfer records kept by the Korea Advancing Schools Foundation, was selected as the example for this study. The peculiarities of the closing processes and the catalogs of the transfer records were reviewed, and a business function analysis was conducted. Based on the Guidelines for Prescribing Retention Period of University Records by the National Archives and the Ministry of Education, a records classification system for the closed private universities was proposed for the Records Disposition Schedule to handle the uniqueness of closed universities.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1171-1183
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• 2016

Today, many domestic companies often face the lawsuits from the U.S. companies as they expand their business in the U.S. market and it is necessary for the domestic companies to prepare for the e-Discovery process in the systematic manner. Yet, the e-discovery system has not been properly established in Korea, however, domestic companies are growing more and more interests in e-Discovery processes and procedures so that they are seeking for the appropriate actions that they should take when facing lawsuits. When adopting the e-Discovery system in Korea, there are three main considerations including the differences in laws and regulations, enterprise system and language and company culture. This study aims to draw the problems for the Korean domestic companies in responding the U.S. lawsuits and to suggest the specialized e-discovery processes and procedures to effectively overcome them.

• Journal of Korean Neurosurgical Society
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• v.30 no.sup2
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• pp.254-258
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• 2001

Objective : The terminology of degenerative disc disease lacks official standardization. Lacks of such standardization may provoke some clinical and litigation problems. The authors investigated interobserver and intraobserver variability in interpretation of lumbar disc abnormality. Methods : Magnetic resonance imaging studies of the lumbar spine performed prospectively in 50 patients, were read blindly by three doctors dealing spinal disorders, using two nomenclature. Nomenclature I was normal, bulging, protrusion, extrusion. Nomenclature II was normal, bulging, herniation without neural compression, with neural compression. Intraobserver and interobserver variation were measured statistically. Results : Interobserver agreement was 70.4-80.8% for nomenclature I, 76.2-80.2% for nomenclature II. Intraobserver agreement was 84.0-88.0% for nomenclature I, 79.2-86.8% for nomenclature II. Interobserver Kappa statistic was 0.53-0.56 for nomenclature I, 0.54-0.57 for nomenclature II. Intraobserver Kappa statistic was 0.60-0.85 for nomenclature I, 0.53-0.72 for nomenclature II. Conclusion : Experienced doctors showed only moderate interobserver agreement when interpreting disc status on lumbar magnetic resonance imaging. Intraobserver agreement was superior to interbserver. The standardization of nomenclatures for lumbar disc extension beyond interspace are needed.

• The Journal of shipping and logistics
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• v.34 no.4
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• pp.583-613
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• 2018

This study analyse the safe port warranty undertaking for shipowner of time charterer with the Ocean Victory Case. Litigation ensued between those in the charterparty chain. When the hull insurer, Gard, took an assignment of the rights of the vessel's owners and demise charterers in a claim against the time charterers that the vessel had been ordered by them to an unsafe port in breach of the charter. Although the claim succeeded, the Court of Appeal overturned the decision. The Supreme Court delivered its judgment on May 10, 2017, dealing with three important issues, safe port, joint insurance, and limitation of liability. Especially on the safe port issue, the court held that the port was not unsafe within the meaning of the safe port undertaking so the charterers were not in breach of it. The conditions in the port amounted to an abnormal occurrence as that expression is understood.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.29 no.4
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• pp.885-895
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• 2019

As seen in recent cases of hacking in financial services, attackers are attempting to hacking trustee with poor security management, rather than directly hacking a financial company. As a result, the consignor is strengthening the security check and control of the trustee, but small trustee has difficulties to invest in information security with the lack of computer facilities and the excessive cost of security equipment. In this paper I investigate the vulnerability of personal information processing life cycle standards in order to enhance the security of small consignee that receive personal information form the credit card company. To solve the vulnerability the company should use litigation management system constructed on cloud computing service and install VPN to secure confidentiality and intergrity in data transfer section. Also, to enhance the security of users, it is suggested to protect personal credit information by installing PC firewall and output security on user PC.

• Journal of the Economic Geographical Society of Korea
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• v.22 no.2
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• pp.141-159
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• 2019

Giving behavior promotes social solidarity and lessens social deprivations by voluntary practices to make better communities. Despite the increasing trend of giving in terms of participation and amount in Korean society, the giving culture has deeply rooted in charitable emotion based on compassion, still far from social solidarity. This paper attempts to identify giving behavior by investigating its characteristics and changes in its motives from the compassion-based social welfare to social responsibility and community solidarity, centering around 'Yellow envelope campaign' started in 2014 to support the living expenses and cost of litigation for the fired workers of Ssangyong Motors. By employing questionnaire survey and in-depth interview, it analyzes the horizontal relationships, reciprocal responsibility, social capital, and pursuit for conflict solution. Even though the campaign didn't change our society as a whole, but it cast the social questions on the birth of social empathy and solidarity.