• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.133-158
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• 2011

The purpose of this study is to analyze one of CIETEC(China International Economic and Trade Arbitration Commission) Award on the dispute arising from Cotton Sale Contact which deals with damages and reduction of the price. Especially this case focused on the effect of reduction of the price to damages. The purpose of damages is to place the aggrieved party in as good a position as if the other party had properly performed the contract. So court costs and attorney's fee should be regarded as the loss, because these are caused by consequence of the breach which is recoverable. With the same reason, overpaid taxes should also regard as the loss. It is not impossible, however, to claim both damages and reduction of the price for same loss at the same time. It means buyer could not claim damages for the same loss, once he already claimed reduction of the price. So Korean companies should consider which remedy is proper to himself under the circumstances. He should choose reduction of the price when market price is down. In case of rising market price, he should consider follows: first, it is better to choose damages based on current price(Art.76), if upswing of non-conformity price is higher then upswing of market price. Second, it is better to choose general rule for measuring damages(Art.74), if upswing of market price is higher then upswing of non-conformity price.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.2
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• pp.595-604
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• 2021

For civil servants in the legal sector, the best performance that must be shown is not how they carry out activities following standard operational procedures but what is more important is how they show Organizational Citizenship Behavior (OCB) in daily activities. This study aims to examine what factors influence the formation of OCB civil servants in the legal sector in Indonesia. The study was conducted on 145 civil servant respondents who were involved in secretarial activities, each from the Judicial Commission Secretariat, the Attorney General's Office, the Ministry of Justice, the Supreme Court, the Police Headquarters, and the Constitutional Court. The research methodology used Partial Least Square (PLS) Version 3.0. The empirical findings of the research show that organizational culture has a significant influence in shaping transformational leadership that can build OCB among civil servants in Indonesia. This effect is much larger and more significant than the compensation system, which is widely believed to be the main factor in forming OCB, such as the results of previous studies. The results of this study imply that the formation of an organizational culture with values that can create high work productivity which has an impact on transformational leadership styles in building OCB.

• Journal of Fisheries and Marine Sciences Education
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• v.13 no.2
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• pp.178-193
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• 2001

This paper is written for the aim of the system improvement to the activation of industrial man power in fisheries on the basis of '73 military special except system (MSES). As the results of the purpose, several points to be improved are as follows : 1. It is necessary to reminder on the important of man power maintenance by the cooperative system between industry and school. 2. MSES should be known to the people broadly and positively through the Korea pelagic fishery association and related industry, for example, their internet homepages. 3. The students should be opened the choice opportunity to applicant to lower license grade than their general study level. 4. More companies will be relaxed the restricted items upon new criteria about the nominated companies, revised system on March 27, 2001. 5. If any nominated company has unemployed man power under the system, it entrust the power of attorney in military office to other recommended authority or association for the purpose of the prompt performance to other nominated companies.

• International Journal of Knowledge Content Development & Technology
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• v.2 no.2
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• pp.17-29
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• 2012

All academic information on the web or elsewhere has its creator, that is, a subject who has created the information. The subject can be an individual, a group, or an institution, and can be a nation depending on the nature of the relevant information. Most information is composed of a title, an author, and contents. An essay which is under the academic information category has metadata including a title, an author, keyword, abstract, data about publication, place of publication, ISSN, and the like. A patent has metadata including the title, an applicant, an inventor, an attorney, IPC, number of application, and claims of the invention. Most web-based academic information services enable users to search the information by processing the meta-information. An important element is to search information by using the author field which corresponds to a personal name. This study suggests a method of efficient indexing and using the adjacent operation result ranking algorithm to which phrase search-based boosting elements are applied, and thus improving the accuracy of the search results of personal names. It also describes a method for providing the results of searching co-authors and related researchers in searching personal names. This method can be effectively applied to providing accurate and additional search results in the academic information services.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.167-190
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• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.99-123
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• 2018

Korean businesses engaging in transactions with U.S. entities are increasingly favoring arbitration clauses to address unexpected disputes. How best ought the parties' arbitration contractual terms be drafted to avoid lengthy, protracted and expensive legal disputes? Authors examine the public policy favoring arbitration through the U.S. Federal Arbitration Act. Korean litigants seeking a "Motion to Compel Arbitration" rely on arbitration clauses designed to address four factors U.S. courts use to evaluate the enforceability of arbitration contract clauses. What role does U.S. state court jurisdiction hinder or help Korean businesses contracting with U.S. business entities located within certain boundaries? What is the effect of an arbitration clause that designates the Korean Commercial Arbitration Board in Seoul to arbitrate? All cases analyzed entail Korean business entities. Eleven cases demonstrate the results of seeking motions to compel arbitration in U.S. courts. Three cases illustrate motions to compel arbitration drafted to use the Korean Commercial Arbitration Board in Seoul. The results provide Korean businesses and legal practitioners insight into addressing the specific goals of including contractual arbitration clauses to enhance their international commercial interests in the United States.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.81-107
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• 2014

ADR has recently been expanded, making it possible to solve traffic accident disputes, which is a matter of urgency for parties to avoid. This point serves as an important procedural element. Such disputes are an area that requires a quick resolution. To try to solve any dispute that occurs in the complex environment of modern times one-by-one through litigation does not make sense. It gives an undue burden on the judicial body and the investigation agency. Like litigation, today's arbitration system, should have effective conflict resolution. The arbitration of automobile traffic accident disputes can be seen as roughly adjusted through the insurance company, the Dispute Coordinating Committee, and the Crime Victims Protection Act. It consists of experts mainly, and the resolution of automobile traffic accident disputes can be resolved through the Sajonsa and workers insurance company. However, adjustments to failure incident mostly need attention. Most of a company's compensation insurance indemnity needs to be processed in practice. In addition, a vicious cycle of litigation and delay period is repeated if a lawyer is appointed. There are unreasonable adjustment systems in the midst of these. Avoiding traffic accidents allows parties to resolve disputes better. Arbitration of disputes in automobile traffic accidents handled by arbitration institutions is desirable. It is determined that the handling of a case by a village attorney is efficient.

• Proceedings of the Korea Air Pollution Research Association Conference
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• 2004.05a
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• pp.65-69
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• 2004

The need for developing sustainable solutions for managing the animal waste is vital for the future of the animal industry in North Carolina. As part of that process, the North Carolina Attorney General has concluded that the public interest will be served by the development and implementation of environmentally superior swine waste management technologies appropriate to each category of hog farms. To facilitate in the development, testing, and evaluation of potential technologies it is necessary that all aspects of environmental issues (air, water, soil, odor and odorants, and disease-transmitting vectors and airborne pathogens) be addressed as Part of a comprehensive strategy, Program OPEN (Odor, Pathogens, and Emissions of Nitrogen) Is comprehensively addressing these issues.

• Journal of Korean Academy of Nursing Administration
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• v.14 no.3
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• pp.332-343
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• 2008

Purpose: The purpose of this study was to investigate the nurses' perception on hospice law in hospice institutions using questionnaire and to recommend bill of hospice law. Method: The data were collected from 95 nurses who have experienced in hospice care using a self-completion questionnaire. To analyze prescriptive data, content analysis was done using an analysis scheme developed by the investigators. Results: The separate hospice law suggested was types and purpose of law, certification of patient, living will and right to attorney, staff, institutions, service, and payment. The analysis scheme consisted of 6 categories and 17 subcategories. 83 significant statements were analyzed and categorized. Hospice nurses indicated that their operation, financing, manpower, institution, patient right, drug management is needed to enact for bill. Conclusions: The results of this study on hospice law contents will contribute to build the national hospice system in Korea.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.