• 무역상무연구
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• 제29권
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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.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• 통상정보연구
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• 제5권2호
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• 환경영향평가
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• 제17권3호
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• pp.177-188
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• 2008

Attempts to develope designation criteria for ecological protected areas were made for rational and scientific designation and management of 'ecosystem and landscape conservation areas', 'wetland protection areas', 'special islands protection areas', and 'wildlife protected areas' which have been designated and managed by the Ministry of Environment. Through analysis of the requisites and criteria of IUCN, UNESCO, Natura 2000, the Ramsar convention, the United States, the United Kingdom, Japan, and Germany as well as various academic researches, evaluation items of the protected areas were classified into naturalness, biodiversity, ecosystem, and scientific values. These classification titles are reflection of Korean laws concerning the 4 protected areas described above. Of these items 'naturalness' is composed of 3 factors of wilderness, geomorphology and landscape, and vegetation. 'Biodiversity' is composed of the 5 factors of species diversity, endangered species, rare species, indigenous biological resources, and habitat of wetland wild animals. 'Ecosystem' is composed of 5 factors of typicalness, diversity, rarity, restoration ability, and degree of interference. All factors are scored using a 3 point scale of high, middle, or low and are then transformed into the numerical index for designating and zoning purposes. Conclusively, it is expected that the developed methodology will be highly applicable with field verifications.

• 무역상무연구
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• 제69권
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• 한국의료질향상학회지
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• 제19권2호
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• pp.14-34
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• 2013

Objectives: The purpose of this study is to provide comprehensive information of qualification systems of developed countries needed to establish our national system for QI(Quality improvement) specialists. Methods: All articles related to any applicable domestic or foreign countries' laws, operational status, and detailed programs for professional qualification system of QI were reviewed. Result: In the United States, a non-profit organization, Healthcare Quality Certification Commission (HQCC) has set the policies, procedures and standards in the field of health care quality. And qualification system of CPHQ (certified professional in healthcare quality) has been operated in order to authenticate the qualifications in the field of quality management. IBQH(international Board for quality in healthcare), a qualification system of experts in the United Kingdom, was designed to assist the qualification of professionals to improve the quality of healthcare. In addition, Health Research Center of Feinberg School of Medicine in Northwestern University has been operating Master's and doctoral degree programs in the field of the quality of care and patient safety and IHI (institute for healthcare improvement) open school was operating a professional training course related to the quality of care and patient safety. Conclusion: Quantity and complexity of information of the quality of care and patient safety have been increased. For reform of the health care system, a special training course of the expertise and leadership are needed. So far, there is no national professional certification courses in our nation. Therefore essential job skill should be acquired individually. For systematic and effective quality improvement activities, the educational and certification system with professional development model are needed.

• 정보보호학회논문지
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• 제23권6호
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• pp.1267-1276
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• 2013

클라우드 컴퓨팅 서비스를 이용하는 클라우드 소비자는 사용자의 개인정보에 대한 처리를 위탁받은 클라우드 제공자의 법적 준거성을 검토 및 감독해야 하는 의무를 갖는다. 본 논문에서는 국내 개인정보보호법의 위탁 시 준수사항을 토대로 클라우드 및 개인정보 관련 국제 표준과 국내 인증 제도를 분석하여 클라우드 개인정보 위탁이 가능한 시나리오를 제시하고 클라우드 환경에서 개인정보 위탁자에 해당하는 클라우드 소비자와 개인정보 수탁자에 해당하는 클라우드 제공자 간의 위탁 관리를 위한 개인정보보호 관리체계 통제를 제안하였다. 본 논문의 클라우드 개인정보 위탁 통제항목은 클라우드 제공자에게 개인정보의 처리를 위탁하고자 하는 조직에서 개인정보보호법을 준수하기 위한 지침을 개발하거나 개인정보보호 관리체계 인증에서 위탁 관리를 점검하기 위한 기준의 개발에 활용이 가능하다.

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• 수산해양교육연구
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• 제25권5호
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• pp.1055-1067
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• 2013

We attempted to apply the HACCP system adopted in the food industry to a olive flounder (Paralichthys olivaceus) aquaculture farm to ensure the hygiene safety of farmed fish. In this study, HACCP system procedures, including HACCP team organization, critical point determination, establishment of standard limits etc., were established using Codex 12 procedures. To determine whether hazards were critical elements, we evaluated the likelihood and seriousness of each hazard element. The likelihood of residual medicine exceeding the acceptable limit in shipped fish products was demonstrated to be a critical hazard element. Management of the shipment stage was determined to be a critical control point (CCP). Checking the records for stock and release and maintaining a history of medicine use before shipping the fish were suggested as monitoring methods. The standards for acceptable residual medicine were set based on relevant laws and regulations, and then the limits were adapted and established for the CCP. An HACCP plan applicable to olive flounder farms was established.

• 한국안전학회지
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• 제33권1호
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• pp.62-65
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• 2018

The rapid progress toward the 4th industrial society has led to possibilities of fire increase. It is pointed out that, though initial fire suppression is emphasized, the current legal systems do not sufficiently recognize the importance of initial fire suppression. In order to resolve this, problems of the current legal systems and regulations, as well as fire-fighting facilities to be equipped according to the size of specific fire-fighting objects, were diagnosed. Also, suggestions for improvement were provided through comparative analysis with relevant laws and technical regulations of Korea and other countries. According to fire safety standards such as NFPA, IMO, ISO, and Russian standards, automatic fire extinguishers are to be installed as per the adaptability criteria of fire extinguishers and automatic fire extinguishers. In Korea, the "Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-fighting Systems" cover the types and scope of fire fighting facilities that include specific fire protection objects, such as electric room, power room, and substation room. This study has identified that, in case of a place with a floor area of less than $300m^2$, the installation requirement is not clearly specified. Therefore, in this study, fire extinguishing equipment and automatic fire extinguishing equipment to be added for each sub-use application are proved to have fire extinguishing performance of Class A, Class B, and Class C, respectively. In view of the fact that, in overseas standards, all space except containing such materials as Deep fire, metal fire and peroxide, can be installed with fire fighting equipment, a legal system for specifying the capacity units of fire fighting apparatus by application is, in this study, proposed.