• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.3-33
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• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• Ocean policy research
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• v.33 no.2
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• pp.123-145
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• 2018

Maritime tourism destinations need to improve image as well as enhance competitiveness through development of new marine tourism attraction due to the decrease of the number of passengers. The maritime city is trying to combine dynamic marine leisure activities as an alternative. For this purpose, it is possible to realize clear marine tourism activation policy and improve the identity of local community through the accurate analysis of the interest of the stakeholder groups of local residents in Songjeong beach in Busan. In this study, we first analyzed the language network based on the expression language related to the conflict between the stakeholders of Songjeong beach. Second, we analyzed the individual characteristics of the structure of conflict frames of stakeholders and suggested solutions by comparing the differences and similarities between perception frames of conflict parties. Third, we distinguish and compare differences of perception among the conflict parties through the detailed frame type. Based on the relationship structure between the detailed frame types of the conflict parties, we suggested an alternative for conflict resolution by restructuring the conflicts and negative perceptions among the stakeholders.

• International Journal of Computer Science & Network Security
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• v.22 no.2
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• pp.209-213
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• 2022

Key exchange protocol (KEP) is an essential setup to secure authenticates transmission among two or more users in cyberspace. Digital files protected and transmitted by the encryption of the files over public channels, a single key communal concerning the channel parties and utilized for both to encrypt the files as well as decrypt the files. If entirely done, this impedes unauthorized third parties from imposing a key optimal on the authorized parties. In this article, we have suggested a new KEP term as isokey interchange protocol based on generalization of modern mathematics term as isomathematics by utilizing isonumbers for corresponding isounits over the Block Upper Triangular Isomatrices (BUTI) which is secure, feasible and extensible. We also were utilizing arithmetic operations like Isoaddition, isosubtraction, isomultiplication and isodivision from isomathematics to build iso-key interchange protocol for network communication. The execution of our protocol is for two isointegers corresponding two elements of the group of isomatrices and cryptographic performance of products eachother. We demonstrate the protection of suggested isokey interchange protocol against Brute force attacks, Menezes et al. algorithm and Climent et al. algorithm.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.389-409
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• 2000

Recent demands of market forces are causing considerable attention to be forced on logistics functions and revitalizing interest in outsourcing them. The need to efficiently and economically adjust support to meet market demands is growing significantly. Logistics is playing a role it has never played before. In light of this, outsourcing to third parties has become a strategic issue demanding greater attention in corporate boardrooms. From the perspective of TPL users, this paper focuses on how best to make a strategic plan for the effective utilization of TPL. And the results are as follows : First, after deciding their logistics outsourcing, the companies have to set up the aim of TPL through development of logistical strategies. Second, the companies must decide service provider that fits to their business environment and conditions. Third, they have to conclude a contract with logistics service provider. Fourth, after doing the preparatory implementation they carry into effect the original implementation. Fifth, they use the result of original implementation to fix a partnership.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.75-101
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• 2012

As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.13 no.4
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• pp.1640-1647
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• 2012

The allocation to third parties in increase of capital is increasing in KOSDAQ firms. With this trend, they cause many problems which involves stock price manipulation. Under this condition, this study analyzes stock price reaction by event study to 197 cases of 81 KOSDAQ companies that allocated to third parties in increase of capital between the year of 2007 and 2009. And we find determinants of cumulative abnormal return by using multiple regression. Results of this research are as follows. First, in case of excess return of (-5, +5), it reveals positive excess return significantly at 1% significance level during 4 days before payment day(event day). But it reveals negative excess return significantly at 1% significance level during 5 days after payment day. Second, in case of excess return of (-40, +40), it reveals positive excess return significantly at 1% significance level during 40 days before payment day(event day). But it reveals negative excess return significantly at 1% significance level during 40 days after payment day. Third, in case of excess return of (0, 1 year), it reveals negative excess return significantly at 1% significance level during 1 year after payment day. Fourth, significant determinant of cumulative abnormal return to (-5, +5) was firm size with positive effect. Significant determinants of cumulative abnormal return to (-40, +40) were reserve ratio and debt ratio. Reserve ratio has positive effect But debt ratio has negative effect. Significant determinants of cumulative abnormal return to (0, 1 year) were firm size, debt ratio, reserve ratio. equity ratio to large shareholder. Firm size, debt ratio, equity ratio to large shareholder have negative effect. But reserve ratio has positive effect.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.77-100
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• 2019

Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.349-370
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• 2016

This thesis examines the problems faced in the electronic bill of lading for which improvements are necessary, and suggests various ways of overcoming those problems. First, to build a negotiation system for electronic B/Ls, active participation from related parties in addition to the government support is essential. Second, electronic B/Ls cannot be utilized within a short period of time in current commercial practices. Third, there should be infrastructure which connects all parties of international commerce through an electronic system. Fourth, instead of promoting mutual recognition through international treaty, there should be a plan which legally specifying mutual recognition between certification authorities. Fifth, it is needed to ease the strictness of electronic signature to promote the global negotiation of electronic B/Ls. Lastly, in prima facie weight of evidence, there was a significant difference with the Rotterdam Rules even in comparison with the Commercial Act which was amended with the significantly advanced rules on electronic B/L. He believed there should be a discreet consideration on these matters at the revision of the Commercial Act. For this, the government has to provide support more aggressively with more interest and commitments.

• Management & Information Systems Review
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• v.13
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• pp.163-188
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• 2003

Lack of trust is major reason for many company to take a cautions stance towards business-to-business electronic commerce. Especially innovative business models such as online business-to-business marketplaces face the lack of not only having to give their members and partners faith own capabilities and reliability, but also to ensure that the respective parties interacting through them have trust in each other. This paper is empirical study on the trust factors affecting the repurchase intentions in a B2B e-Marketplace by survey instrument based on Likert-style 5 point measurement scale. The objective of this paper is evaluation of relationship between repurchase intentions and trust. The focus of this paper is the antecedents and consequences of buyer trust in a B2B e-Marketplace, not trust intermediaries or in third parties that might mediate between the buyer and e-Marketplace. The findings of this study are expected to increase the awareness of B2B e-Commerce adopter and implementers about the importance of trust in e-commerce participation.