• Journal of Arbitration Studies
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• v.18 no.3
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• Fashion & Textile Research Journal
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• v.12 no.1
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• pp.31-37
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• 2010

The purpose of this study is to investigate the causes of clothes phenomenon of the ruling class women on the Heian period of Japan in the aspects of politics, economics, society, culture, and religion. The findings of the study are as follows. The main characteristics of the Heian period of Japan may include a rare sense of internationalism, low sense of nationalism, and frequent cases of political intrigue. However, noble culture, centered on royal court, was flourished and it enabled to develop sophisticated and graceful culture. During the Nara period and the Heian period (from $8^{th}$ to $12^{th}$ century), there were enormous changes in the clothes, starting from the mid $10^{th}$ century. The clothes of the ruling class in the Heian period underwent changes from the imitative clothes-imitating the clothes of the Tang age of China- to Japanesque clothes-adding the aesthetic consciousness of Japanese ruling class people. Particularly, the clothes of the ruling class women became massive, majestic, and decorative. The changed clothes had also features such as layered look, utilizing underwear as outer garments, using a wide variety of colors, and using hard and solid materials to make clothes. It can be concluded that the clothes of the ruling class people in the Heian period were affected by plural factors such as national and international political situation, economics, society, culture, and religion. The clothes were used by ruling class people as means of expressing their noble and sophisticated beauty, which led to produce humanistic beauty. The Heian period can be described as an era of the highest reach of humanity.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.207-244
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• 2003

There are many parties who connected with contracts like a contract for construction. Dispute arising from the two parties can be souled by themselves. but it grows the necessity of settlement at one effort. The meaning of multiparty arbitration is solution of mixed disputes without inconsistency through multiparty concerned. H the parses wish to settle the disputes by arbitration, they must come to an arbitration agreement. The arbitration agreement is necessary to resolve disputes autonomously, that may be in the form of a separate agreement or in the form of a clause in a contract. More ever it is resonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution by the arbitrator. I had argument about who should appoint the arbitrator. That is to say, each party can appoint the arbitrator, otherwise the courts can appoint one. The basis of multiparty arbitration is focused on the factor that the courts may have the right to order the consolidation of arbitration proceedings without consent of the parties. The dispute can be settled by the arbitrators who are appointed. Appointing arbitrator is very important because it affects the party's equality. The right to appoint arbitrator shall be entitled each party in multiparty arbitration. Therefore they can appoint plural arbitrators by mutual agreement. for .reference to Rules of Arbitration of The International Chamber of Commerce, the Court shall appoint a sole arbitrator or three arbitrators in condition. The Arbitration Act of Korea dose not have the clause on multiparty arbitration including the arbitration rules. But if we have the clause enacted, it brings a situation in which both parties gain a benefit.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.657-682
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• 2004

The method of finding the laws in the common law countries is significantly different from that in French civil code countries. The former usually derives the laws from the previous court decisions and applies the derived rules to the current case, called inductive, while the latter prescribes the laws beforehand and then applies the prescribed rule to the current case, called deductive. Such dichotomy in comparative legal research seems to be most recognizable and common. Accordingly, the mainstream of comparative legal research would come from comparison of common laws with civil codes. (omitted)

• The Korean Journal of Air & Space Law and Policy
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• v.16
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• pp.160-196
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• 2002

In this thesis. I have first introduced and studied Chubb & Son. Inc. v. Asiana Airlines. 214 F.3d 301 (2nd Cir. 2000). which held that at the time that the dispute in this case arose. there was no treaty relationship between the United States and South Korea under the Original Warsaw convention. the Hague Protocol. or a treaty consisting of those provisions of the Original Convention that were not amended by the Protocol. And I have analyzed U.S. government s position that was expressed in Brief for the United States as Amicus Curiae on petition for a writ certiorari to the 2nd Circuit on Chubb & Son case and 2nd Circuit s Fujitsu Limited v. Federal Express Corporation. 247 F.3d 423 (2001) which was held in a related question afterwards but was somewhat inconsistent with Chubb & Son s holding. Furthermore. I also examined U.S. government s measures which have been considered and taken to cope with consequences of Chubb & Son case's ruling. Lastly. I have examined several effects which Chubb & Son s ruling would give our nation s airlines and suggested our government's countermeasures.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Journal of Korean Society of Archives and Records Management
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• v.11 no.1
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• pp.273-298
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• 2011

The Treaty of Friendship, Commerce and Navigation between the Chosun dynasty and Japan and the United States of America etc. began signing procedures from Feb. 1876. Thus, Busan port became an open port to foreign vessels in 1876. This has resulted in Busan port becoming the greatest port in Korea. This study explored records which were made by the Chosun dynasty and Japan on the opening and development of Busan port. The results are as follows ; According to making treaties between the Chosun dynasty and foreign countries, Chosun dynasty gradually opened a door to the international community. Various institutions were established in and around Busan port by Chosun and Japan. For example, maritime customs, a court of justice, police station by the Chosun side, a Japanese consulate, the Board of Trade for Japan etc by the Japan side. Records made by or related to these institutions and on the development of the Busan port during the open-port period and the Japanese colonial period were preserved at the Kyujanggak Institute for Korean Studies, the National Institute of Korean History, and the Busan Metropolitan Simin Municipal Library.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.26 no.3
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• pp.151-175
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• 2015

The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.

• Journal of the Korean Institute of Educational Facilities
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• v.4 no.2
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• pp.31-36
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• 1997

The Magnet Methodology is not the recording of knowledge, skills, techniques, and other information from the past, but creating a knowledge base using present issues of problems for students' and teachers' life-span development through the exploration of career choices and development. In short, it is the multi-cooperative information system for commensalism. It is the magnet program that connects various level of educational institutions under a certain theme and enables students to choose on their own. And this magnet program is being adminstered by the magnet school. And some regular schools provide magnet program as vocational educations and extra-curricular activities. Magnet program reflects the concept of desegregation which was proposed by the U.S. Federal Court decision against the racial conflict which had culminated in the 60s and 70s. Magnet program enables students to choose their own programs and schools, and gives teachers and students the opportunities to develop their teaching method and learning method. That's why magnet program is called continuous, future-oriented one. Teachers and students can also get fair judgement on their activities due to the voluntary magnet program. It mainly deals with practical issues, so it is very realistic to establish the multi cooperative information system including companies, homes, communities, or governments under these practical issues. The openness of magnet program is guaranteed not only by the characteristics of the program but also by the physical layout of the magnet schools. There are no doors and walls, and classrooms are facing one another and sharing all the opinions and information. This precisely corresponds to the concept of co-existence of eco-system and the interdisciplinary approach which is essential to solve our problems.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.3-40
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• 2018

Conventionally, there were few cases in which a medical accident became a criminal case in Japan. However, after the serious malpractice such as the Yokohama City University Hospital case, prosecutors came to be less hesitant to prosecute a malpractice. In a medical accident, the attribution of the responsibilities among medical personnel becomes one important element of the proof of negligence. The Supreme Court concluded that, when the attribution of the responsibilities is not established among medical personnel to confirm the identity of the patient like the Yokohama City University Hospital case, all the personnel who were involved bear the responsibilities to identify the patient. For serious cases which requireut most carefulness fortreatment such as the Saitama Medical University Hospital case, not only the chief physician in charge of the case concerned but also the director of the branch at the university hospital bear the responsibilities to confirm the treatment policy of the case. After the acquittal of the Ohno Hospital case, the voice demanding more prudent prosecution of malpractices has become stronger than before. Meanwhile, Ministry of Health, Labour and Welfare introduced Medical Accidents Investigation System for the prevention of medical accident and, has reinforced the third party inspection of medical accidents.