• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.39-61
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• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• Journal of Cadastre & Land InformatiX
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• v.50 no.1
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• pp.5-23
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• 2020

According to the Korean Statistical Information Service(2019), the number of public land in Korea is 10,734,439parcels and 33,395㎢, accounting for 33.2% of the land area. In the meantime, the central government and local governments have been promoting the efficiency of public land management through annexation, but if the scale of cadastral record is different or the public land is registered in different types of cadastral maps, it is impossible to annexation and it is a major obstacle to the efficiency of public land management. As a way to solve these problems, the annexation method accompanied by survey was presented and the effect was analyzed. As a result, the number of parcels to be managed decreased by 91.7% and 99.6% of the actual survey cost was reduced despite the expenditure of only 54.9% of the existing method. It was found that the annexation survey of the public land, which are clustered by connection, can ultimately contribute to the efficiency of the public land management by newly establishing the indication of the public land. In the future, we hope that follow-up research on the public land management based on cadastral surveys will be conducted in various and in-depth ways.

• Korean journal of food and cookery science
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• v.21 no.6 s.90
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• pp.794-799
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• 2005

The overall effects of black rice wine (BRW) on black rice bread were examined through the gluten washing test, mixograph and image analysis by Cnunbscan. Commercially produced black rice flour had a much lower amount of gluten than the strong flour However, the mixture with $30\%$(flour basis) black rice flour and $70\%$ strong flour exhibited a good indication for bread making showing $30\%$ wet gluten and $14\%$ dry gluten. In the mixogram results, the peak time showed the highest value for $10\%$ added BRW, indicating an inappropriate level at $50\%$, and the changes of tail width after 8 minutes expressed that the dough became soft and sticky with increasing addition of BRW The volume of bread was increased when BRW was added, and showed the highest value at $20\%$ BRW. In relationship between the volume and bread characteristics, volume showed a highly negative relation with crumb fineness (r=-0.678) and a positive relation with crust thickness (r=0.693).

• Journal of the Economic Geographical Society of Korea
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• v.24 no.1
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• pp.29-51
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• 2021

The present research explores the tendency of the items that require Place Location Knowledge (PLK) of the Korean Geography subject in the College Scholastic Ability Test. The major findings are as follows. First, the geographical regions of the items are spatially skewed, especially in the Yeongnam regions, which are tested more frequently compared to the others. Second, the fact-based items more concern with regionality such as geographic indication system and regional festivals. Third, the concept-based items can be divided into physical geography and human geography and there were four items related to economic geography. Fourth, students tend to find it challenging in the items asking PLK. The difficulty varies according to the type of items. The students find concept-based items which require high-order thinking more challenging. There is also differences identified between contents. For example, the section of physical geography, especially climatology-related, were considered the most challenging followed by those of economic geography. Finally, the differences in the rate of correct answer are associated with the scale of the regions covered in the items and students experienced more difficulty in the items asking more precise scale.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.327-353
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• 2017

The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.