• Journal of Arbitration Studies
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• v.24 no.3
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• pp.47-77
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• 2014

Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.

• Journal of Soil and Groundwater Environment
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• v.28 no.2
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• pp.12-29
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• 2023

Conceptual site model (CSM) development and enhancement for contaminated sites assists in identifying data gaps during the site investigation process. In this study, CSM was developed and enhanced for a contaminated site in Korea as a case study. Site Y was scrutinized four times previously. The site profiles for each scrutiny were reorganized based on the scrutiny reports, and the relevant data was utilized to develop and enhance CSMs. CSM for the first investigation was developed in various forms including table, flowchart, diagram, and narrative formats. CSM was enhanced in a stepwise manner by incorporating the updated profile information obtained in next investigation to existing CSM. The hypothetical data gap analysis between each investigation step was established to meet the purpose of the follow-up investigation. This case study showed that CSM is a useful tool to identify the history and current status of contaminated sites and thereby help in planning supplementary investigations for better site characterization.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.137-163
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• 2018

Efficiency in the arbitration proceedings and finality of arbitral awards have been key attractive features of arbitration. While finality of awards is due to the fact that there is no appeals mechanism in arbitration, other recourses that are available against arbitral awards threaten the integrity of finality of arbitral awards. This article examines some of these recourses, such as, setting aside of arbitral awards pursuant to the UNCITRAL Model Law, scrutiny of draft awards by arbitration institutions, and annulment proceedings of ICSID Convention awards and discusses the implications of these measures in relation to assuring finality of arbitral awards in international commercial and investment arbitration cases. In order to more effectively respect the disputing parties' autonomy in choosing arbitration, and also to give as much deference to arbitral tribunals' decisions and their discretion in reaching their decisions, it is proposed that an official appellate mechanism would be preferred over the undermining of finality of arbitral awards that have been taking place through the currently available exclusive recourses against arbitral awards.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.121-144
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• 2007

The International Chamber of Commerce has been the world's leading organization in the field of international commercial dispute resolution. Established in 1923 as the arbitration body of ICC, the International Court of Arbitration has pioneered international commercial arbitration as it is known today. The ICC International Court of Arbitration is the world's foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. The purpose of this paper is to examine their advantages and to introduce main contents provided in ICC Rules of Arbitration as follows; First, before the actual merits of the case can be addressed, the Arbitral Tribunal must first draw up the Terms of Reference. The Terms of Reference should include the particulars listed in the ICC Rules. Apart from the full names and description of the parties and arbitrators, the place of arbitration and a summary of the parties' respective claims, they contain particulars concerning the applicable procedural rules and any other provisions required to make the Award enforceable at law Second, the Scrutiny is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules. The scrutiny system has two aspects ; the first is to identify or modify the defects of form, while the second is to draw the arbitrators' attention to points of substance. Third, as soon as practicable, the Court fixes an advance on costs intended to cover the estimated fees and expenses of the arbitrators, as well as the administrative expenses of ICC. Specially, the advance on costs fixed by the Court shall be payable in equal shares by the Claimant and Respondent. Finally, the parties are also free to select the arbitrator or arbitrators of their choice. The Court or the Secretary General confirms arbitrators nominated by the parties. Taking a step forward, to upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the main contents of the ICC Arbitration into Korea Commercial Arbitration Rules.

• Journal of the Korean Society of Urban Environment
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• v.18 no.4
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• pp.465-471
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• 2018

A field scrutiny related to livestock excretions in Yeongsan stream basin was performed in this study. This result was used to verify the accuracy of nationwide survey result (formal document) for pollution sources by comparing them, and a management plan of livestock excretions was also suggested based on their comparison in this study. The major differences between them were 17.7% in the number of stock farms, 39.6% in the population of milk cows and 41.6% in the treatment method of pig excretions. The biggest difference to the pig case, which is currently the most problem in livestock excretions treatment, could be because of the cause that most of the farmlands, including orchard grove, used as individual treatment site for excretions played role as a dump site to reduce the cost for consignment treatment. Meanwhile, the 67% of compost heaps was illegally left alone in field without the rain shelter and could flow in the stream if it is raining.

• Management & Information Systems Review
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• v.7
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• pp.265-292
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• 2001

This paper examines what determines the use of contingent workers in Korean Department Stores. Drawing on internal labor market, transaction cost & agency, and bureaucracy theories, I hypothesize that four factors affect the use of contingent workers: job characteristics, HRM, occupation, and organizational characteristics. Data from a sample of employers surveyed by the author in 1997 were used to test the hypotheses, and analyses showed the following results. First, consistent with job-based perspective, we find that such job characteristics as firm-specific skill and the level of skill significantly affect the use of contingent workers. But job standardization and outcome measurability have no effects of its use. Second, also we find significant effects on the use of contingent workers of such HRM as scrutiny on employee selection and promotion system. The promotion system has expected effect on its use, but scrutiny on employee selection has opposite effect. Third, we find that occupation significantly affects the use of contingent workers, especially the extent of use of contingent workers of sales service is as five hundred times as that of managerial occupation. Fourth, also consistent with organizational-based perspective, we find that the firm's size significantly has positive effects, and affiliate company and labor union have negative effects. That is, the larger firm's size is, the more possibility of use of contingent workers exists, and the possibilities of its use reduce in case of affiliate company and in front of labor union. Finally, we discuss the implications and limits of theses findings.

• The Journal of Industrial Distribution & Business
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• v.14 no.9
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• pp.31-39
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• 2023

Purpose: Social media's increasing adoption and the development of digital technology have completely changed how businesses interact with their clients. The current study is to examine the impact of live broadcasts on consumers' perceptions and actions across a range of fresh food goods. Research design, data and methodology: The scrutiny relies on the existing peer-reviewed literature, which may prevent a comprehensive evaluation of some recent advancements in the subject. Despite these caveats, the outcomes of this scrutiny are anticipated to contribute significantly to our understanding of the effect of live broadcast marketing on consumers' propensity to make purchases. Results: Previous literature review clearly states that 'Live Broadcast of Fresh Food' to attract relevant customers should be followed: (1) Increased Product Transparency and Trust, (2) Enhanced Customer Engagement, (3) Impact on Customer's Perception of Product Quality, and (4) sense of urgency and scarcity. Conclusions: All in all, the study's advice for firms in the food industry to improve their marketing efforts through live broadcasts have important practical ramifications. Promoting openness and trust in the production process and with the audience boosts a brand's reliability. Customers are more likely to participate and feel more connected to a brand.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.78-85
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• 2013

The revelations made possible by Edward Snowden, a contractor of the US intelligence service NSA, are a sobering reminder that the Internet is not an 'anonymous' means of communication. In fact, the Internet has never been conceived with anonymity in mind. If anything, the Internet and networking technologies provide far more detailed and traceable information about where, when, with whom we communicate. The content of the communication can also be made available to third parties who obtain encryption keys or have the means of exploiting vulnerabilities (either by design or by oversight) of encryption software. Irrebuttable evidence has emerged that the US and the UK intelligence services have had an indiscriminate access to the meta-data of communications and, in some cases, the content of the communications in the name of security and protection of the public. The conventional means of judicial scrutiny of such an access turned out to be ineffectual. The most alarming attitude of the public and some politicians is "If you have nothing to hide, you need not be concerned." Where individuals have nothing to hide, intelligence services have no business in the first place to have a peek. If the public espouses the groundless assumption that State organs are benevolent "( they will have a look only to find out whether there are probable grounds to form a reasonable suspicion"), then the achievements of several hundred years of struggle to have the constitutional guarantees against invasion into privacy and liberty will quickly evaporate. This is an opportune moment to review some of the basic points about the protection of privacy and freedom of individuals. First, if one should hold a view that security can override liberty, one is most likely to lose both liberty and security. Civilized societies have developed the rule of law as the least damaging and most practicable arrangement to strike a balance between security and liberty. Whether we wish to give up the rule of law in the name of security requires a thorough scrutiny and an informed decision of the body politic. It is not a decision which can secretly be made in a closed chamber. Second, protection of privacy has always depended on human being's compliance with the rules rather than technical guarantees or robustness of technical means. It is easy to tear apart an envelope and have a look inside. It was, and still is, the normative prohibition (and our compliance) which provided us with protection of privacy. The same applies to electronic communications. With sufficient resources, surreptitiously undermining technical means of protecting privacy (such as encryption) is certainly 'possible'. But that does not mean that it is permissible. Third, although the Internet is clearly not an 'anonymous' means of communication, many users have a 'false sense of anonymity' which make them more vulnerable to prying eyes. More effort should be made to educate the general public about the technical nature of the Internet and encourage them to adopt user behaviour which is mindful of the possibilities of unwanted surveillance. Fourth, the US and the UK intelligence services have demonstrated that an international cooperation is possible and worked well in running the mechanism of massive surveillance and infiltration into data which travels globally. If that is possible, it should equally be possible to put in place a global mechanism of judicial scrutiny over a global attempt at surveillance.

• Korean Journal of Biological Psychiatry
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• v.6 no.1
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• pp.30-33
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• 1999

While depression is certainly a prevalent disorder, it is often severe and debilitating and does not always have the good prognosis we have been led to expect. Social approaches to affective disorders have not been subjected to the same level of scrutiny as the interventions used in the management of schizophrenia. Psychosocial Rehabilitation is now at a critical stage. Psychoeducation, social skill training, cognitive remediation, family education, vocational rehabilitation and case management programs are essential for the rehabilitation of chronic depression.

• Proceedings of the Korean Society of Agricultural Engineers Conference
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• 2002.10a
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• pp.29-32
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• 2002

In order to investigate effect of irrigation on soil moisture and soybean growth, a experimental plot, which was shielded from precipitation was established. Four different irrigation rates were applied and soil moisture variations were monitored with TDR. Soybean yield and product quality are under scrutiny.