• Journal of Arbitration Studies
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• v.15 no.2
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• pp.225-261
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• 2005

Under Article IV of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), in order to obtain the recognition and enforcement of a foreign arbitral award, a party applying for recognition and enforcement of a foreign arbitral award shall supply (a) the duly authenticated original award or a duly certified copy thereof and (b) the original arbitration agreement or a duly certified copy thereof. In addition, if the arbitral award or arbitration agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language, and the translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. In a case where a Vietnamese company which had obtained a favorable arbitral award in Vietnam applied for recognition and enforcement of a Vietnamese arbitral award before a Korean court, the recent Korean Supreme Court Judgment (Docket No. 2004 Da 20180. 'Judgment') rendered on December 12, 2004 has alleviated the document requirements as follows : The Judgment held that (i) the party applying for recognition andenforcement of a foreign arbitral award does not have to strictly comply with the document requirements when the other party does not dispute the existence and the content of the arbitral award and the arbitration agreement and that (ii) in case the translation submitted to the court does not satisfy the requirement of Article 4, the court does not have to dismiss the case on the ground that the party applying for recognition and enforcement of a foreign arbitral award has failed to comply with the translation requirement under Article 4, and instead may supplement the documents by obtaining an accurate Korean translation from an expert translator at the expense of the party applying for recognition and enforcement of the foreign arbitral award. In this regard, the author fully supports the view of the Judgment. Finally, the Judgment held that, even though the existence of a written arbitration agreement was not disputed at the arbitration, there was no written arbitration agreement between the plaintiff and the defendant and wenton to repeal the judgment of the second instance which admitted the existence of a written arbitration agreement between the parties. In this regard, the author does not share the view of the Judgment. The author believes that considering the trend of alleviating the formality requirement of arbitration agreements under Article 2 of the New York Convention, the Supreme Court could have concluded that there was a written arbitration agreement because the defendant participated in thearbitration proceedings in Vietnam without disputing the formality requirement of the arbitration agreement. Or the Supreme Court should have taken the view that the defendant was no longer permitted to dispute the formality requirement of the arbitration agreement because otherwise it would be clearly against the doctrine of estoppel.

• 한국ITS학회:학술대회논문집
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• 2008.11a
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• pp.284-288
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• 2008

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.12 no.3
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• pp.11-18
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• 2013

Since 1996, Korean National Police Agency has been promoting a project for installation of Automated Speed Enforcement (ASE) system aiming at reduction of accidents. The number has increased to 5,348 stations throughout country as of December 2012. Recently, the Section Speed Enforcement Systems have been installed at many sites to produce a general effect well beyond the localised effect at overt fixed camera sites. In this study aims, we have analyzed the effects of the Section Speed Enforcement System at the Misiryeong tunnel section. We have found that there were a statistically significant 21.4%~31.% reduction of the average speed and 45.9% reduction in a number of traffic accidents per month. Accordingly, the study indicates that the Section Speed Enforcement Systems at Misiryeong tunnel section has effective to produce road safety.

• Korean Journal of Heritage: History & Science
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• v.51 no.4
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• pp.254-275
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• 2018

Taiwan and Korea have common memories of colonization by Japan. Therefore, for researchers studying colonial times, the two countries are becoming good comparative studies. In this article, a comparison of cultural properties systems between Taiwan and Joseon revealed the following. First, from a legal point of view, Japan's internalism was reflected to some extent in Taiwan. Accordingly, Taiwan's "Enforcement regulations for Historical scenic spot scenic natural monument storage method(short, Enforcement regulations)" was subordinate to Japanese law, and the Joseon's "Enforcement ordinances for Treasure and Historical scenic spot scenic natural monument storage method in Joseon(short, Enforcement ordinances)" was less than the preservation order of Taiwan. But it is not possible to equate the two differences to Japan's oppressive levels. Second, while the Joseon's "Enforcement ordinances" enactment referred to relevant laws that were promulgated in Japan, it is highly likely that Taiwan's "Enforcement regulations" When establishing Joseon's "Enforcement ordinances" order, it is reasonable to assume that all laws concerning cultural properties of Japan and Taiwan were taken into consideration. Third, the difference between Taiwan and Joseon in the quantity and content designated as cultural properties was huge. The difference in the designated quantity between Taiwan and Joseon was the difference between traditional cultural resources between the two regions, which led to 14 times more cultural properties designated in Joseon than in Taiwan. And while nearly half of Taiwan's history was the vestiges of Japan's ruling power, few of the ancient sites designated by the Joseon had traces of Japanese ruling forces. This is the result of a difference in the views that the two powers had on cultural properties.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.131-160
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• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.21-47
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• 2017

Interim measures by an arbitral tribunal aim to protect the parties' rights before or during arbitral proceedings for avoiding frustration of the final award in international commercial disputes. Even though decisions of the interim measure are expected to be performed by parties directly during the arbitral processing, it is not easy to be provided by the arbitral tribunals cause of lack the power to enforce their decisions directly against the parties. Particular court supports mechanism for enforcement directly to assistance to arbitral tribunal's decisions. Decisions on interim measures are provisional. Even though the arbitration is ongoing to request interim measure directly to the arbitral tribunal, relevant courts are able to ensure effective relief cause by the difficulty of limited rights of the arbitral tribunal. In this time both revised Korean Arbitration Act in 2016 and UNCITRAL 2006 revised Model Law are complemented to attach articles for recognition and enforcement of interim measures by arbitral tribunal during the arbitration processing. It could be possible to enforcement of decisions of interim measures by arbitral tribunal on the revised arbitration law. In this paper it is considered the problems and alternatives on related applicable articles and articles of recognition and enforcement for the interim measures by arbitral tribunal under the revised UNCITRAL Model law and Korean Arbitration Act.

• Proceedings of the Korean Institute of Interior Design Conference
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• 2003.05a
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• pp.74-77
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• 2003

After the Enforcement of Price Deregulation of Apartment, Apartment house get down to originality goods, The Housing Market have reorganized the nucleus by a user, have demanding the development for discriminative unit plan. The purpose of this study is that before and after the Price Decontrol of Apartment take part a variety of unit plan, search for transformation factor and analyze into the tendency of the distinction plan of Housing Goods. Before and after the Price Decontrol of Apartment, Apartment unit have analyzed from 85 $m^2$ till 152 $m^2$ private area; ten corporations of civil construction' unit in Seoul and The national capital region supply apartment, will supply apartment. For selected examples, first, unit plan is normalized from the ratio of front to side wall, bay, a Room' organization and a kind of Room, number, and for examples of unit plan of apartment, the examples were analyzed with respect to change of a Room' organization and the number of a room and the ratio of front wall to side wall for item investigated. Finally, I search out course of transformation tendency of an apartment unit plan after Enforcement of Price Deregulation and analyzed a factor. The results of the study are follows, after Enforcement of Price Deregulation, unit plan of apartment lead to change lay out, to secure each family's privacy, to secure feeling for open hearted, tendency of flexibility.

• Journal of Communications and Networks
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• v.9 no.1
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• pp.56-66
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• 2007

Mobile ad-hoc networks (MANETs) have attracted great research interest in recent years. Among many issues, lack of motivation for participating nodes to collaborate forms a major obstacle to the adoption of MANETs. Many contemporary collaboration enforcement techniques employ reputation mechanisms for nodes to avoid and penalize malicious participants. Reputation information is propagated among participants and updated based on complicated trust relationships to thwart false accusation of benign nodes. The aforementioned strategy suffers from low scalability and is likely to be exploited by adversaries. In this paper, we propose a novel approach to address these problems. With the proposed technique, no reputation information is propagated in the network and malicious nodes cannot cause false penalty to benign hosts. Nodes classify their one-hop neighbors through direct observation and misbehaving nodes are penalized within their localities. Data packets are dynamically rerouted to circumvent selfish nodes. As a result, overall network performance is greatly enhanced. This approach significantly simplifies the collaboration enforcement process, incurs low overhead, and is robust against various malicious behaviors. Simulation results based on different system configurations indicate that the proposed technique can significantly improve network performance with very low communication cost.

• Journal of Digital Convergence
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• v.5 no.1
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• pp.55-68
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• 2007

It soaks but 2001 July information communication base step law enforcement and the Enforcement Ordinance are published to follow, in order to support the establishment of evaluation and protective measure in order the vulnerability analysis against the facility of the agency which manages an important information communication base hour opinion to designate information protection specialty enterprise. As information protection specialty enterprise being revealed evacuation laboratory back 12 enterprises from information communication department become designation as the consulting enterprise and they do an enterprise activity actively. It follows in diffusion of the IT and information reconciliation level the other side where our country belongs in the world-wide first group, the research against the disfunction plan of preparation comparison the fact that law it is come negligently all actuality. The network as it will give management coat fatal effect even at obstacle occurrence hour of instant for of case and IT facility of the cyber transactions which leads, in the future there to be to corporate management, there is a possibility the stable civil official of information Facilities for communications very seeing in the portion which is important. Present condition and important propulsion contents of information communication base step law enforcement after, against a vulnerability analysis of information protection relation field and evaluation consulting methodological application situation to sleep it researches from the dissertation which it sees consequently and it does.

• International Commerce and Information Review
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• v.8 no.1
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• pp.357-369
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• 2006

All over the country tries to clarify the content of 'Public Policy' in recognition and implementation of Foreign Arbitral Awards : it makes comments of the international consensus of Geneva Convention(1927), New York Convention(1958) and the UNCITRAL Model Law on Public Policy, and it takes a general view of domestic laws how they deal with Public policy and Foreign Arbitral Awards. Foreign Arbitral Awards should be appropriately respected and implementation by the courts of countries encourage parties in a legal procedure to refuse enforcement by invoking "Public Policy." In order to cope with such invocations, the purport of the above recommendation on Foreign Arbitral Awards should be internationally recognized and the exceptional circumstances should be restricted unless the International Court of Arbitral Awards is not established a Dr. Holtzmann/Schwebel brought forward. In this paper suggests the list of the exceptional circumstances. Korean Arbitration Law stipulates as the Civil proceeding Law did, "good morals and the social order of the Republic of Korea" as a ground for refusing enforcement of Arbitral Awards. Studies on counteraction against invocations of Public Policy to refuse enforcement of Foreign Arbitral Awards should be developed.