• Journal of Arbitration Studies
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• v.31 no.1
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.

• Development and Reproduction
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• v.26 no.4
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• pp.183-190
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• 2022

Today's Eastern philosophers try to use the formal logic organized by Aristotle, saying that there was no logic in the East. This researcher found that Confucius and other Asians used Che-Yong logic. The Che-Yong logic is based on the Che-Yong law, which is a natural law. The Che-Yong law consists of the Che-Yong principle and the Hyeon-Mi principle. The Hyeon-Mi principle is that if there is an appearance on the outside, there is a corresponding cause in it. The Che-Yong principle is that the highest common cause of various appearances is Che, and the Che grows and changes on its own to become a Yong. Identifying Che and predicting Yong is Che-Yong logic. Here, I'd like to introduce Che-Yong logic and suggest a new research methodology to apply it.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.61-88
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• 2018

Myanmar has witnessed rapid economic growth in the 21st century. The cultural heritage of Myanmar (Burma) inherited from ancestors is law literature such as Dhammathat and Rajathat. Burma is a unique country in Southeast Asia in a sense that it already had a modern law system. For example, there has been a legal profession even in 12th century AD. According to Rajathat, lawyers were required to wear a uniform in court. Furthermore, lawyers and Judges participated in legal proceedings from the 15th century. As to the role of Dhammathat, there are conflicting views in the academic community. According to Professor Andrew Huxley, the profound literatures of Dhammathat had played an important role as a source of law in Burmese court in ancient times. Dhammathats have flourished in the struggle among the King, lawyers, and monks in old Burmese society. This customary law combined with Rajathat provided a guidance of legal proceedings in Burmese court, as well as village settlement. This traditional dispute resolution system reaches modern times in the form of Buddhist family law in Myanmar. Nowadays, the law system of Myanmar looks like a legal pluralism since the customary laws of Burma, as well as Shan and Arakan, are effective and co-exist with common law adopted at the colonial period. In recent times, Myanmar has enacted new arbitration laws (2016) in order to attract foreign direct investment.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.35 no.3B
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• pp.536-550
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• 2010

This study analyzes the characteristics of broadcasting law and telecommunication law and suggested the key legitimate of regulation where convergence law would go for in the convergence circumstances by drawing the common and differential characteristics of two laws. Moreover, in the value of inherent pursuit of broadcasting law and telecommunication law, this paper examined whether these values continued to be reflected in the convergence law, and indicated the direction how these values should adopt in the convergence law. The result of this study shows that strong entry regulation has applied to both broadcasting and telecommunications industry. Also, both industries have been required to be universal service to realize the value. Meanwhile, the pursuit of original value of broadcasting law and telecommunication law can be summarized as secure of access and diversity, respectively. In the convergence law, it is necessary to compensate and modify the meaning of access and diversity based on traditional regulation.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.111-118
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• 2017

The Legal Consciousness is a feeling or attitude toward the law from the people. Most Korean had a traditional consciousness that did not consider the law so friendly, also, the perception of law is also very negative is the common result of various investigations so far. This is caused by a distrust of the political power that operates the law than just distrust of law. Moreover, it is a serious problem that these negative attitudes are getting stronger over time. Especially when looking at the situation of the monopoly of government affairs in Park Geun-hye administration, the law was not a means of realizing social justice on the side of the socially weak, it has come to the fact that the law has been recognized as a tool of oppression by the ruling group, which seizes power in a fraudulent manner and accumulates economic wealth. It was a really ridiculous incident. In addition, not all citizens need to be experts in law, but the law is a bowl for society, and filling the bowl is a moral form or value of society in general. And since society has a peculiar law, and the modern state has the rule of law as its basic principle, most human acts have a direct relationship with law. In particular, it is true that the problem of the legal consciousness of college students is frequently mentioned today. Therefore, in this study, through the examine the contents of the legal consciousness of the K university female students in Gwangju and will consider the cause of this.

• The Journal of Fisheries Business Administration
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• v.11 no.1_2
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• pp.115-155
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• 1980

Nowadays managers of fisheries enterprises and users of accounting information have a considerable interest in the fishery right. The fishery right, which is given by administrative quarters, is referred to exclusive fishing right in a certain coastal fishing ground, and it has been one of the property rights since the turn of the century. The main purpose of this study is to provide an improved accounting method of the fishery right from the side of accounting. To achieve this purpose, legal nature of the fishery right should be understood in the first place, for the fishery right, an intangible asset, is a sort of property right guaranteed by the fisheries laws, According to the basic law in the fisheries "Fisheries Law, " the fishery right is broken down largely into three categories; culture fishing right, set fishing right and common fishing right. The legal characteristics of these fishery rights are as followings: 1. The fishery right is a private right. 2. The fishery right is a property right. 3. The fishery right is a right in rem, and legal provisions pertaining to land are applied to the fishery right with necessary modifications. In addition to the above fishery rights, the Fisheries Law provides some provisions on the so-called entrance right, and those who obtained the right are authorized to access to a certain common fishing right fishing ground where they have been traditionally fishing. In the inland fisheries, the fishery right system similar to that of the coastal fisheries discussed above is adopted in conformity with the Inland Fisheries Developing and Expediting Law. Viewing from an angle of accounting, there are two kinds of additional fishing rights which are dealt as assets. These fishery rights dealt as asset include the license of entry in the so-called permitted fishing which is also called as fishery right in plain language, and tile entrance right obtained abroad. Although these two kinds of rights are not the fishery right from a viewpoint of law, they are regarded as fishing rights in accounting which intends to provide a useful economic information.formation.

• Journal of Digital Convergence
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• v.13 no.5
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• pp.61-67
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• 2015

In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.87-110
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• 2001

This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

• International Commerce and Information Review
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• v.8 no.4
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• pp.147-156
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• 2006

In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.