• Proceedings of the Korean Society of Computer Information Conference
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• 2016.01a
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• pp.123-124
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• 2016

음악은 원천적으로 합주가 매우 용이한 특성이 존재하므로 다수의 사람이 하나의 음악을 만들 수 있다. 따라서 자신이 기본 음악을 만든 뒤 음악 전문가가 제작한 사운드 트랙을 추가하면 음악적 품질이 쉽게 높아질 수 있다. 본 논문에서는 이러한 사운드 트랙을 쉽게 거래할 수 있는 효과적인 트랙스토어의 도입과 이에 따른 2차 저작권 침해 및 분쟁을 해결할 수 있는 방안을 제시한다. 이를 통해 전문가 수준과 버금가는 개인의 음악 제작, 유통, 소비를 활성화할 수 있고, 또한 이와 연관된 산업 및 문화의 확대 및 발전에 기여할 수 있다.

• Journal of Arbitration Studies
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• v.28 no.3
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• pp.75-88
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• 2018

As the Korean economy continues to grow, the desire to own art increases. Despite a number of recent controversies surrounding the sale of counterfeit art pieces, the scale of the problem remains small. Nevertheless, there is a lack of relevant analysis and research. Given the increased interest in Korean arts and crafts and the growing awareness of counterfeit art, it is useful to study legal problems related to counterfeit art. The purpose of this review is to examine the concept and range of counterfeit artwork and explore corresponding legal problems and solutions.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.89-105
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• 2019

This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.693-698
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• 2005

Evaluation of construction claims history can provide insights to improvement opportunities in a capital project portfolio. This study analyzed construction litigation claims extracted from the U.S. Court of Federal Claims (COFC) history involving the U.S. Naval Facilities Engineering Command (NAVFAC) from 1995-2004. Twenty-four total cases were examined over this period. Both "primary" causes and "root" causes were identified and compared to 666 litigation cases reviewed by the Armed Services Board of Contract Appeals (ASBCA). Based on the analysis, strategies for resolving future disputes are recommend using a 'hybrid' process prior to litigation.

• International journal of advanced smart convergence
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• v.12 no.2
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• pp.187-192
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• 2023

Currently, our society is showing many changes due to the influence of information and communication technology (ICT). At the center of these information and communication technologies are software, intelligence, and sensing technologies. The software-related industry is steadily developing due to various software development policies implemented by the government and related organizations. Software development is desirable, but on the other hand, some negative aspects are also appearing. In this study, we proposed an objective way to infer the progress of software development for reasonable resolution of cases when a dispute related to the progress of development occurred during the software development process. The proposed solution was based on the waterfall model. The outputs generated in each process of the waterfall model are contents excluded from subjectivity. Therefore, it can be used as an objective method for calculating software development progress.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.599-599
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• 2015

This research attempts to resolve the construction delay issues of indirect delays by developing the "Delay Responsibility Determination Model" (DRM) based on probabilistic risk analysis. DRM is envisioned to provide a way of quantitatively analyzing impacts of delayed activities while considering both direct and indirect influences. With the successful development of DRM, it would be possible to present relative probabilistic measures to all the related stakeholders in terms of their contributions to schedule delays. Upon the development completion of DRM, "Korean Construction Delay Claim/Dispute Resolution Protocols" will also be prepared to facilitate the effective use of DRM.

• Journal of Arbitration Studies
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• v.17 no.1
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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.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.99-125
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• 2014

The purpose of this paper is to introduce the arbitral proceeding system in Indonesia. Arbitration in Indonesia is governed by Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (Arbitration Law). Also, the Indonesian National Board of Arbitration (BANI) is the main arbitration body in Indonesia. BANI handles both domestic and international disputes. BANI has published its Rules of Arbitral Procedure (the BANI Rules). Within a period of not longer than 30 days after receiving the petition for arbitration, the respondent must submit its reply. Also, if the respondent wishes to assert against the claimant a counter-claim in connection with the dispute, the respondent may submit such counter-claim together with its statement of defense no later than the first hearing. This paper suggests that the following may be some of the disadvantages to using arbitration under the BANI Rules. The first is that final decision or approval regarding the designation of all arbitrators shall be in the hands of the Chairman of BANI. It is the chief problem facing the international stream of arbitration systems. The second is that arbitrators must have certain minimum qualifications. BANI Rules provide the same requirements for the qualifications of the arbitrators as the Arbitration Law. The third is that the BANI Rules require arbitrators in BANI-administered references to be chosen from BANI's list of arbitrators. BANI can also consider a recognized foreign arbitrator if the foreign arbitrator meets the qualification requirements and is prepared to comply with the BANI Rules. This includes the requirement that the appointing party must bear the travel, accommodation, and other special expenses related to the appointment of the foreign arbitrator.

• Journal of Digital Convergence
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• v.13 no.10
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• pp.9-17
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• 2015

China is the largest e-commerce market in the world. The Chinese online retail market is almost 40% larger than the US, and together these markets account for more than 55% of worldwide e-commerce. The Korea China FTA is likely to facilitate e-commerce activity between the two countries, as well as trade in the goods and services that enable e-commerce. Korean consumer goods can enjoy the benefits of the FTA because it has a competitive advantage in the Chinese market in terms of technology and quality. The purpose of this study is to examine legal issues of e-commerce chapters of the Korea China FTA and policy implications. Results of the study show that several implications based on the export vitalization of cross-border e-commerce of Korean products are offered. The Korean government needs to do the following: prepare for the subsequent negotiation of the e-commerce agreement, prepare for the classification issue of electronic transmissions, require mutual recognition of electronic authentication and electronic signatures, prepare for e-commerce dispute settlement mechanism and establish of strategies for the export vitalization of e-commerce.

• Journal of Korea Port Economic Association
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• v.21 no.4
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• pp.121-139
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• 2005

The case, Papera Traders Co. Ltd. and Others v. Hyundai Merchant Marine Co. Ltd and Another(The Eurasian Dream), was occurred on July, 1998 when the ISM Code became mandatory under SOLAS and from that date it applied to oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft of 500 gross tonnage and above. On July 23, 1998, a fire started on the deck of pure car carrier Eurasian Dream while in port at Sharjah. The source of fuel was the stevedores action of pouring petrol or transferring fuel in some way - refueling or pouring into a carburettor. The fire eventually destroyed or damaged the vessels cargo of new and second-hand vehicles and rendered the vessel itself a constructive total loss. Justice Cresswell held that the fire that destroyed or damaged the cargo was due to the unseaworthiness of the vessel they have the burden of proving that the vessel was unseaworthy before and at the beginning of the voyage and that the loss or damage was caused by that unseaworthiness. This case was a dispute between dependent and claimant alleging that the carrier should provide "properly man, equip and supply the ship and keep the ship so manned" under Hague-Visby Rules. Although ISM code was not officially applied to the carriage by car carriers until July 2002, a rule based on the code had customarily been employed as a mean for international dispute resolution. Examining the above case closely, the purpose of this study is to explore the relation of ship management and obligation to exercise due diligence in making the vessel seaworthy.