• Journal of Arbitration Studies
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• v.33 no.1
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• pp.51-76
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• 2023

It is important who is bound by an arbitration agreement and what is the subject of the agreement in resolving disputes through arbitration. However, there are no provisions on them in the Korean Arbitration Act. Where an arbitration agreement is valid, the persons who are bound by the agreement cannot bring the claims which are the subject of the agreement to a court. Therefore, in determining the subjective scope of the effect of an arbitration agreement, we should make allowances for the essential qualities of arbitration to ensure the efficient resolution of disputes on the basis of the parties' agreement, and take caution not to infringe on the rights to be tried in court. Where the rights or legal relationships constituting the dispute that is the subject of the arbitration agreement have been assigned, the effect of the arbitration agreement between the predecessor and the other party should be extend to the successor, when it is agreed to transfer the status under the arbitration agreement to the successor between the three. However, in the absence of such an agreement, it is necessary to weigh the interests between the predecessor, the other party and the successor to determine whether the arbitration agreement has any effect on the successor. Arbitration is a method of resolving disputes based on the agreement of the parties. If it matters whether third parties who are not parties to the arbitration agreement is bound by the arbitration agreement or may invoke it, it should be resolved according to the intentions of the parties. Where the parties to an arbitration agreement have agreed to allow a third party to invoke the arbitration agreement, the effect of the arbitration agreement will extend to the third party. However, even if the parties to the arbitration agreement have not expressly agreed on this, when it is recognized that the parties have sought to resolve the dispute through arbitration even in relation to a third party by exploring the reasonable intentions of the parties, the effect of the arbitration agreement will extend to the third party.

• Strategy21
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• s.38
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• pp.287-320
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• 2015

On October 27, 2015, USS Lassen(DDG82), a 9,200 ton class Aegis destroyer of the United States Navy, began its operations within 12 nautical miles of Subi Reef, one of the seven artificial islands that China has built and claimed sovereignty over. The maneuver was joined by anti-submarine patrol airplanes such as P-8A and P-3. The White House press secretary mentioned that the President of the United States approved the operation. In response, China announced that it warned the US Navy ship about the 'illegal violation' by sending two destroyers(PLAN Lanzhou and Taizhou). This event represents a close call case where tension between the United States and China in the South China Sea might have been elevated to a conflict between the two navies. Moreover, considering that this happened only one month after Chinese president Xi's state visit to the United States, the event shows that the positions of the two countries have become starkly different to the extent that they are so hard to be reconciled. The United States' position is different from those of Vietnam and the Philippines. Countries like Vietnam and the Philippines have been directly involved in disputes with regard to sovereignty claims across the waters in the South China sea. As for the United States, being a third party in the disputes, it still cannot be a by-stander watching the whole waters in the region fall under the influence of China. Accordingly, the United States maintains that all countries bear the rights of innocent passage and military operations in the Exclusive Economic Zones(EEZ) as stipulated by the United Nations Convention on the Law of the Sea(UNCLOS). In contrast, China claims that, historically, the South China sea has been part of China's territorial waters, and that foreign countries are not allowed to conduct military operations within the waters. It strongly accuses that such military operations are illegal. Against this background, this paper tracks the different positions of the United States and China on the issues regarding the South China sea. It also carefully looks at the possibility that, in the process of dealing with the issues, the two countries may get into an armed conflict as the phrase 'Thucydides Trap' predicts.

• Journal of Digital Convergence
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• v.14 no.3
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• pp.83-94
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• 2016

The objective of this paper is to examine the determinants of technology transfer for Small and Medium Enterprises. Based on IP-MARKET, KIPRIS, and Wintelips, we employ the logistic regression analysis using all data related with technology transfer in markets for intellectual property rights from 2008 through 2012. Our main results are as followings: (i)the more inventors the higher possibility; and (ii)the more claims and forwards the higher possibility of success in technology transfer in Small and Medium Enterprises.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.83-122
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• 2014

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.1-23
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• 2013

When a court recognizes an arbitral award, it acknowledges that the award is valid and binding, and thereby gives it a set of effects similar to those of a court's judgment, among which res judicata is the most important. The res judicata effect of an arbitral award generally forbids parties to an action from subsequently litigating claims that were raised in a prior arbitration. In common law countries, res judicata may also preclude re-adjudication of issues raised and decided in a prior arbitration. The Korean Arbitration Act acknowledges the rights of parties to an arbitral award to seek not only an enforcement judgment but also a recognition judgment on an arbitral award. Therefore, the question arises whether or not the winning party in an arbitration must acquire a recognition judgment on the arbitral award in order to enjoy the effects of a recognized award. However, according to the case law and generally accepted views, an arbitral award is automatically recognized without any additional procedure, as long as it satisfies the requirements for recognition. Therefore, in order to resolve this question, it is desirable to eliminate the statutory clause that stipulates the right to seek recognition judgment.

• Strategy21
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• s.40
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• pp.131-143
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• 2016

On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

• Journal of the Korean Magnetics Society
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• v.11 no.6
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• pp.278-284
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• 2001

Recently patented rights affect the competitive power of each country. Specially the situation of that country will be superiority if one country has lots of basic invention patents in advanced technology. In the near future, research results in universities or research institutes should be involved with patent application so that the investment of research funds improves our technology. Alloy is used to adjust magnetic characteristic in invention for magnetic recording medium. In this case there must be cautious in make out the patent claims of invention about such alloys. The patent for alloy invention is considered with following standard. (1) composition range and structure aspect according to the need of a composition metal (2)characteristics of the alloy and for use.

• Korean Business Review
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• v.11
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• pp.195-216
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• 1998

Ownership of an asset can be identified with the right to exercise "residual control" where the contract is silent about decision rights, or with the right to receive any "residual returns" that remain after contractual. obligations are fulfilled. Although the concept of "ownership" seems reasonably clear in many of the cases, the concepts of residual control and the residual returns that define ownership are actually quite elusive. For large corporations, there is really no single individual who owns both the residual returns and the residual control. Despite the limited qualifications, ownership is clearly. the most common and effective meas to motivate people to create, maintain, and improve the value of assets. In this paper, we try to clarify the relationships among financial structure, ownership, and corporate control with the concept of ownership defined as the residual control and the residual returns, Financial securities are not just claims to part of a firm's net income. They give the security holder certain rights. A careful matching of rights of control and returns can create incentives that increase total value of the firms. In the corporate firms, managers, lenders, and shareholders have different interests. And the financial structure affects how different those interests are and what decisions management will make. Managers are, in general, better informed than investors about the firm's prospects. The financial decisions by managers may affect investors' beliefs and, therefore, the price of shares and the value of the firm.

• Journal of Science and Technology Studies
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• v.18 no.1
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• pp.5-62
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• 2018

Over the last 10 years, the fight against occupational diseases of semiconductor workers led by SHARPS(the Supporters for the Health And Rights of People in the Semiconductor industry, NGO) has accomplished considerable achievements, especially in the legal and institutional aspects. First, the court and the government accepted the claims that 24 injured workers respectively filed, recognizing their 10 types of diseases as occupational illness. The court not only expanded the list of work places and diseases that it recognized, but also presented more progressive logic of recognition. The most remarkable achievement among them is the case ruled by the Supreme court in July, 2017. In terms of 'worker's right to know', which is the most important factor in preventing occupational diseases, there have been significant legislative bills, court rulings and government guidelines. The revised bill of the Industrial Safety and Health Act to strengthen workers' rights to know and to introduce the pre-review system on trade secret is currently under review by the National Assembly. The court recently ruled that the government should disclose its inspection results on safety and health management at semiconductor factories. The ministry of labor has drawn up internal guidelines to more actively open its safety and health data to public. This study looks over recent developments in such rulings, bills and guidelines and then, analyzes their implications, laying the groundwork for future actions for worker health in the electronic industry.

• The Journal of the Convergence on Culture Technology
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• v.7 no.3
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• pp.59-69
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• 2021

The Moon Jae-in administration insisted on reforming the prosecution for the reform of power institutions, and also tried to control the power of the prosecution through the establishment of a high-ranking public officials criminal investigation office. Then, what is the direction of the legal prosecution reform? Above all, it is a logic to drastically reduce the power of the prosecution. How to shrink it? First, it is necessary to control or check the power of prosecution and investigation that the prosecution has. Second, the key to the reform of the prosecution is perhaps to separate personnel rights from power. In order to exclude external pressure from the prosecution's personnel rights, there must be no instruction or intervention from the attorney general. To do this, the prosecutor general must go through various personnel evaluations, such as multi-faceted evaluation. Third, the essence of the High-ranking Officials Criminal Investigations Act is to deal with crimes of prosecutors, judges, police, and members of the National Assembly. It is also the core of the institutional mechanism to cover the corruption of one's family members while holding all the right to investigate, prosecution, and warrant claims, and to check the omnipresent prosecutors who have abused their right to investigate for political purposes. Then, what is necessary for the success of the high-ranking officials criminal investigation office? Above all, We think political neutrality is very necessary. The Ministry of Airborne has a very high authority of the Director. This paper intends to examine the functions and roles of the prosecution and high-ranking officials criminal investigation offices to prevent corruption. We analyzed the contents of the prosecution and the public officials criminal investigation office, and examined the limitations and problems, and the measures to control corruption in public offices.