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Characteristics of the Chinese Civil Procedure System and Enforcement of Interim Measures in Arbitration and Arbitration Awards in China (중국 민사소송제도의 특색과 중재절차에서의 임시적 처분 및 중재판정의 집행)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.161-199
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    • 2019
  • As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

Color Rank System of the Court Wonsam of Joseon Dynasty (조선시대 궁중 원삼의 신분별 색상 연구)

  • Park, Hyun-Jung
    • Journal of the Korean Society of Clothing and Textiles
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    • v.33 no.10
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    • pp.1552-1563
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    • 2009
  • This paper investigates the color rank system of the Wonsam, ceremonial topcoat, worn as a court formal costume of the Joseon dynasty by analyzing the court costume system and the actual examples of wearing. The research shows that there were some discrepancies of the color rank of the Wonsam between the court costume system and the actual wearing examples. There were red, purple, blue, green, and black Wonsam in the Joseon dynasty. The color rank of the Wonsam is as follows: the Queen's color was red, the Crown Princess's was green and purple, the royal concubine's was usually green and blue, but they could wear purple when they won the King's favor. A prince's wife's was usually green, but she wore blue and purple if she became the mother of the King. The princess's was green, and the court lady's was green, blue, and black. In most cases, the textiles of Wonsam were made by silk with patterns, even though Joseon dynasty was ordered to use silks without patterns in court weddings and funeral ceremonies to avoid extravagance.

Study on Challenging the Arbitral Award Before an Arbitration-friendly Swiss Court (중재친화적인 스위스 국제중재의 중재판정취소의 소에 관한 연구)

  • Do, Hye-Jeong
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.161-184
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    • 2020
  • In the process of the annulment of arbitral awards, the Swiss Federal Supreme Court contributes to keeping Switzerland as a venue for international arbitration. Challenges to an award rendered in Switzerland are handled by the Swiss Supreme Court only. Furthermore, the Swiss law provides extremely limited grounds (PILA 190) for the potential challenge of the award and those are different from what model law countries have. For example, violations of the parties' agreed procedural arrangements will not be grounds for the annulment of an award in Swiss. In arbitration, the intervention of a national court is necessary to protect justice but at the same time, it can impede the process of arbitration, even making it useless. Limited intervention of the Swiss Supreme Court protects the efficiency, autonomy, and justice of international arbitration. International Arbitration has to be simple and fast to solve complex international commercial problems and to promote trade. Therefore, the process and technique to be applied on an Arbitration-friendly Swiss court should be considered.

A Study on the Colors of Dancing Suits in Bosangmu, Cheomsumu and Heoncheonhwa (보상무, 첨수무, 헌천화 복식의 복색사상)

  • Nam, Hoo-Sun;Kim, Soon-Young
    • Fashion & Textile Research Journal
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    • v.8 no.2
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    • pp.168-176
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    • 2006
  • The court dancing suit, so-called 'Jeongjae suit', has been worn by court dancers on the occasion of the royal court's feasts or festivals such as auspicious events of a country, court banquets, and parties or receptions for national guests from foreign countries. The court dancing suits are divided into two styles; Dangak-Jeongjae style and Hyangak-Jeongjae style, depending on dancing styles. This study examined the change of the dancing suits of Hyangak-Jeongjae styles created in the latter period of Joseon Dynasty, such as Bosangmu, Cheomsumu, Heoncheonhwa, and discussed the thought of EumYang-Ohaeng(the cosmic dual forces and the five elements) that the colors of the court dancing suits imply. Generally, in the dancing suits of Bosangmu, Cheomsumu, and Heoncheonhwa, the color expression focused on the main stream of red, blue, yellow, white and black. The colors were mainly expressed in harmony between upper garments and under garments, outer garments and inner garments, a simple dress and its decorations. Especially, in the dancing suits of Heoncheonhwa, the purple color symbolized the auspiciousness of the Purple Palace where the God lives.

A Study on the Costume of Qing Dynasty in the Court Painting (궁정회화(宮廷繪畵)를 통해 본 청대복식(淸代服飾) 연구(硏究) - 순치(順治) 15년(年)부터 가경(嘉慶) 19년(年)까지를 중심(中心)으로 -)

  • Lee, Hyun-Mee;Shin, Kyeong-Seob
    • Journal of Fashion Business
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    • v.6 no.1
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    • pp.71-82
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    • 2002
  • The purpose of this study was to correctly understand the costume of Qing dynasty in the court painting. The starting point of this study was that the painting typically reflects the cultural values, social significations, costume and aesthetic outlook of that period when the paintings were done. Based on this regard, this study analyzed the costume of figure paintings in the court painting of the Qing dynasty that complied and edited by the Palace Museum. The court dress of Qing dynasty represented not only the spiritual world of Manchu tribes but also the influences of Chinese traditional culture. The court dresses of Kangxi and Qianloug showed definitely the luxury of life of Qing court. The everyday dress of Qing dynasty reflected the nomadic environments and it was very simple. The hunting dress of Qing dynasty was very developed and also represented horse riding and hunting activities of their traditional life. The ladies of Qing dynasty enjoyed to dress the costume of old Chinese style. The appearance of noble women was fragile and slim.

Analysis on the Degree of Enclosure on the Court Space in Suh-Won (서원 중정공간의 폐쇄성 분석)

  • Lee, Hyun-taek;Lee, Jeong
    • Journal of the Korean Institute of Landscape Architecture
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    • v.21 no.4
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    • pp.101-111
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    • 1994
  • This study deals with the degree of enclosure on the Court Space in 'Suh-Won' that has warious perceptual composition elements. 1. The size of Court Space in which we can read the complexion of others and easily understand every behavior of them is similar to that of the 'Madang' in the Korean traditional houses. 2. The angles of elevation are within the range of suitable enclosure as going from the center of the court Space to 'Kang-Dang' and the space -from the center of the Court Space to 'Kang-Dang'- is restricted and surrounded. It is also within the range of the least enclosure as going from the center of the Court Space to the 'Mun-Ru'. 3. The degrees of enclosure based on the horizontal angle are within the degree we can perceive the objects of structure easily. 4. The degree of enclosure based on the ratio D/H is increased as approaching from 'Mun-Ru' to 'Kang-Dang'. The distance as approaching from 'Mun-Ru' to 'Kang-Dang' is changed from social distance to personal distance. To conclude this the Court Space in 'Suh-Won' represents the hierarchical system with variety and the degree of enclosure and the size of space are within the range of human scale.

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The Language of Arbitration Agreements and Availability of Class Arbitration: Focusing on the U.S. Supreme Court's Lamps Plus, Inc. v. Varela Decision

  • Jun, Jung Won
    • Journal of Arbitration Studies
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    • v.31 no.3
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    • pp.25-42
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    • 2021
  • Arbitration is an alternative dispute resolution mechanism based on the parties' agreement to resolve any disputes parties may have by arbitration rather than litigation in court. Parties' consent to arbitrate, which must be manifest in the parties' arbitration clause or agreement, is the foundation for arbitration; thus, the language of an arbitration agreement is often of utmost importance in determining the intent of the parties regarding many aspects of arbitration proceedings, such as, the scope of arbitral proceedings, arbitral seat, and authority of arbitral tribunals, among others. Recently, the U.S. Supreme Court held in Lamps Plus, Inc. v. Varela (2019) that ambiguity in arbitration agreement as to availability of class arbitration should be resolved in favor of individual arbitration, and therefore, class arbitration would be precluded. Such holding was met with criticism by four separate dissenting opinions, in which the dissenting Justices have disagreed with the majority's interpretation of the arbitration agreement at issue, as well as, its rejection of application of state law in resolving contractual ambiguity. This article analyzes the Supreme Court's decision and reviews the Court's approach in construction of the arbitration agreement. Nevertheless, because the Supreme Court declined to provide clear guidelines as to precisely what contractual basis is required to permit class arbitration, either silence or ambiguity in arbitration agreements will be resolved by disallowing class arbitration.

A Study on the Methods of Education for Court Music Utilizing Uigue(儀軌) (국악교육 자료로서의 의궤(儀軌) 활용 방안 모색)

  • Lee, Jung-hee
    • (The) Research of the performance art and culture
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    • no.36
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    • pp.725-750
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    • 2018
  • Uigue(儀軌) is the report of court events, and its contents are very detailed and crucial as it is even called as the flower of written culture. Thus, many research theses about Uigue have been accumulated in academic circles so far, and easy books about Uigue targeting ordinary people have also been published. However, Uigue has not been used actively in educational circles yet. From now on, we should develop and induce ways to use Uigue actively in educational spots in order to let students who will lead our future have pride in our culture and know about the superiority of our court music culture. Especially when court music culture is taught in the sector of Korean traditional music education, it is beneficial to use Uigue. Since most of the court music repertory is slow and magnificent, if court music itself is exposed beforehand, it might give them an impression that it is "unexciting and boring". Therefore, this study gropes for teaching methods to 'show' court music culture first through various visual aids contained in Uigue. In other words, it examines how the instrument images, band images, dance images, or concert stages contained in Uigue can be used as teaching materials. Except for the materials selected in this article, there are plenty of teaching materials for court music culture in Uigue. Furthermore, it would be even better if not just Uigue but Oryeseo (五禮書), Akseo(樂書), Dobyeong(圖屛), and Gwanchan Akbo(樂譜) can be added to widen its range for more multilateral court music culture education. And if at the educational spots, showing classic court music culture is accompanied with listening to court music through various materials of court music and dance, we can expect even better educational effects from it.

Review of the Constitutional Court of Korea's Decision (헌법재판소의 결정문 재고(개업권 실현 중심으로))

  • Bae, Sung-Soo
    • Journal of Korean Physical Therapy Science
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    • v.7 no.2
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    • pp.407-414
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    • 2000
  • The constitutional court decide a negative expression in their judgement. It is a dismissal. In the dismissal, they suggest that the legislative body can resolve it and Parliament can an enactment or not for the physical therapist. Therefore, dismissal of constitutional court is not only dismissal but also it is a suggestion for legislation. Another suggestion of the constitutional court that study about curriculums of physical therapy department, duration of education, relation of between medical doctor and physical therapist, work contents of physical therapy and effect on national health.

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The Process of Occupational Socialization of the Court Security Team (법원경비관리대의 직업사회화 과정 분석)

  • Park, Ok-Cheol;Kwon, Tae-Il
    • Journal of the Society of Disaster Information
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    • v.8 no.3
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    • pp.276-286
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    • 2012
  • The purposes of this study are to investigate various experience factors of the court security team's occupational socialization process and suggest basic materials which are necessary to establish educational service strategies of preliminary court security and guard. Therefore, in-depth interview and ethnographic study were conducted for 4 court securities whose career is more than 3 years. As the result, the process of occupational socialization process of the court security was divided into preparation period, adaptation period, conflict period and maturity period. In the preparation period, vision of university departments, acquisition of certificates and information of the court security team are the factors of basic stage for becoming court securities. In the adaptation period, they adapt themselves for playing their own roles sincerely and become professional manpower after being court securities, through the university educational program useful for practical duties, certificates for practical duties and occupational satisfaction. In the conflict period, they aware conflicts of the company and job stress, that court securities should experience, and endure them. In the maturity period, they are grown by one more step as court securities, through the motivation, job professionalism, occupational prospect and efforts of self-development.