• 제목/요약/키워드: law and order

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상사중재 활성화를 위한 중재판정부의 임시적 처분 제도의 개선 - 2016년 개정 중재법을 중심으로- (Recommendations for Revising the Arbitration Act of Korea regarding Interim Measures by the Arbitral Tribunal to Promote Commercial Arbitration in South Korea)

  • 박준선
    • 한국중재학회지:중재연구
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    • 제26권2호
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    • pp.115-134
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    • 2016
  • Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

UNCITRAL 모델중재법상 임시적 보호처분의 개정방향 (The Revision Guideline of Interim Measures of Protection under UNCITRAL Model Law on International Commercial Arbitration)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제14권2호
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    • pp.73-106
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    • 2004
  • The UNCITRAL Arbitration Working Group began its deliberations on the topic of interim measures of protection at its thirty-second session (Vienna, 21-30 March 2000), when the Working Group expressed general support for a legal regime governing enforcement of interim measures of protection ordered by the arbitral tribunal. Also the Working Group took a preliminary analysis of whether there was a need for a uniform rule on court-ordered interim measures of protection in support of arbitration. The Working Group agreed, at its thirty-third session (Vienna, 20 November-1 December 2000), that the proposed new article to the UNCITRAL Model Law on International Commercial Arbitration on enforcement of interim measures of protection (tentatively numbered article 17 bis) should include an obligation on courts to enforce interim measures if prescribed conditions were met. At its thirty-fourth session (New York, 21 May-1 Jun 2001), in addition to continuing its review of draft article 17 bis, the Working Group proceeded to consider a text revising article 17 of the UNCITRAL Model Law, which defined the scope of an arbitral tribunal's power to order interim measures and included an additional provision on the granting of interim measures on an ex parte basis. Discussions in relation to revised drafts of article 17 and 17 bis of the UNCITRAL Model Law have continued at the fortieth session ( New York, 23-27 February 2004). Article 17 of the UNCITRAL Model Law provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute. However it may be noted that the article does not deal with enforcement of such measures.

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u-City 서비스 구축 및 운영을 위한 법제도 개선에 관한 연구 (A Study on the Improvement of the Raw and Institution for Construction and Operation of u-City Service)

  • 박순형
    • 한국IT서비스학회:학술대회논문집
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    • 한국IT서비스학회 2009년도 춘계학술대회
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    • pp.449-452
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    • 2009
  • The vision of u-City is an implementation of ubiquitous environments that makes anybody to be able to access the source of information and knowledge in anywhere and anytime with any methods. It is necessary to study the law and institution of u-City about a role of the government and local governments to have a new growth power. We need to improve the related law and institution with standardization of u-City service to regulate and coordinate diversity of main organ and business area. In this paper, we select service modes to consider the priority order of service and suggest a reform measure of law and institution classified by service models

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리콜제도와 제조물책임법에 관한 고찰 (The Review of Legal Regulations on Recall Service and Product Liability Law)

  • 허경옥
    • 대한가정학회지
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    • 제34권5호
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    • pp.67-84
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    • 1996
  • This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

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중국(中國) 통관제도(通關制度)의 문제점(問題點)에 관한 고찰(考察) (A Study on the Problem of the China Customs Clearance System)

  • 조종주
    • 무역상무연구
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    • 제13권
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    • pp.897-908
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    • 2000
  • Customs clearance is one of systems controlled by a customhouse that administrate all exported or imported goods passed frontier. This customs clearance systems of china and korea equally means, but it find obvious that customs law and rule, customs formalities between china and korea differ greatly. Therefore, this article describes a customhouse controlling exportation and importation, company dealing clearance service as the subject of customs clearance and customs formalities in order to generally analyse on customs clearance systems of China. As a result, this seeks for problems of customs clearance systems in China and a means of settling a trouble.

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과모델된 선형 시불변 이산 시간 시스템의 적응 제어법칙 (Adaptive control of overmodeled linear time-invariant discrete systems)

  • 양현석;이호신
    • 제어로봇시스템학회논문지
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    • 제2권2호
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    • pp.67-72
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    • 1996
  • This paper presents a parameter adaptive control law that stabilizes and asymptotically regulates any single-input, linear time-invariant, controllable and observable, discrete-time system when only the upper bounds on the order of the system is given. The algorithm presented in this paper comprises basically a nonlinear state feedback law which is represented by functions of the state vector in the controllable subspace of the model, an adaptive identifier of plant parameters which uses inputs and outputs of a certain length, and an adaptive law for feedback gain adjustment. A new psedu-inverse algorithm is used for the adaptive feedback gain adjustment rather than a least-square algorithm. The proposed feedback law results in not only uniform boundedness of the state vector to zero. The superiority of the proposed algorithm over other algorithms is shown through some examples.

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화강암의 열 크립 거동에 관한 연구 (A Study on the Thermal Creep Behavior of Granite)

  • 장명환;양형식
    • 터널과지하공간
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    • 제8권1호
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    • pp.1-7
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    • 1998
  • In order to get the information of the deformational behavior of rock masses with time in waste disposal repository, it is necessary to measure the relationships between stress and strain and time for temperature. A creep law is used in conjunction with the elastic moduli to calculate stress and displacement following waste emplacement. Exponential-time law's parameters consist of stress and temperature. In this study, thermal creep test was carried out for Whangdeung granite. The measured creep deformation behavior was well explained by exponential time law and generalized Kelvin's rheological model. Mechanicla coefficients for exponential-time creep law showed the clear tendency of temperature dependent while those for Kelvein's model didn't.

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The Present Situation and Prospects of Chinese National Mechanism on Space Debris Mitigation

  • Li, Shouping
    • 항공우주정책ㆍ법학회지
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    • 제26권2호
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    • pp.239-258
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    • 2011
  • Space debris mitigation has become an international custom for international space activities. IADC and COPUOS adopted a Guideline on Space Debris Mitigation. Two Guidelines provided that member states or international organization shall establish a national mechanism to mitigate space debris. China has made progress in legislation on space debris mitigation and management system. It establised a fundamental framework on the legislative mechanism on space debris mitigation and managemental mechanism on space debris mitigation. In order to further improve the national mechanism on space debris mitigation, it is essential for China to strenghen legislation on space activities and specify the duties of management administrates.

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Diminishing Procedural Boundaries in International Arbitration

  • Pareek, Abha
    • 한국중재학회지:중재연구
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    • 제23권4호
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    • pp.123-138
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    • 2013
  • The surge of cross border trade and transactions has seen international arbitration fast emerging as the preferred mode of dispute resolution. This phenomenon is especially remarkable in the Asian region. The Singapore International Arbitration Centre ("SIAC") aspires to contribute to this growth as one of the leading arbitral institutions. The objective of this article is to provide an insight into the key features of SIAC Rules. This article has been divided into two parts; the first part discusses how the SIAC Rules are helpful in building bridges in international arbitration between the common law and civil law systems. We have attempted to throw light on how the SIAC Rules may be tailored by the parties to bring about a harmonization in the common law and civil law practices in the conduct of the arbitration proceedings. In the second part of the article, we discuss the two most popular procedures introduced in the SIAC Rules in 2010 i.e. 'Emergency Arbitration' and 'Expedited procedures'. The emergency arbitration provisions enable a party to obtain order(s)/award for urgent interim relief(s) upon commencement of arbitral proceedings but pending the constitution of the main Tribunal. The expedited Procedure provisions give parties the option of having their disputes determined in six (6) months from the date of the constitution of the tribunal.

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PI 타입 도달 법칙을 가지는 가변구조 제어 (Variable structure control with a PI-type reaching law)

  • 금길수;전경한;최봉열
    • 제어로봇시스템학회:학술대회논문집
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    • 제어로봇시스템학회 1996년도 한국자동제어학술회의논문집(국내학술편); 포항공과대학교, 포항; 24-26 Oct. 1996
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    • pp.387-390
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    • 1996
  • In this paper, A new PI-type reaching law for variable structure control is proposed to alleviate the chattering and improve the robustness properties in the presence of matched uncertainty. The proposed reaching law consists of a proportional term and an integral term. And the dynamics of switching function can easily be specified by using the second-order system analysis method. And also the proposed scheme has the advantages of alleviating the chattering than Gao's one and reducing the influence of uncertainties by band pass filter characteristic. The efficiency of the proposed method has been demonstrated by simulations for Dutch Roll damping in a light aircraft.

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