• 무역상무연구
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• 제49권
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• pp.61-86
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• 2011

Korea Supreme Court has given thirty-nine time's judgments on enforcement of Arbitral awards for thirty-six arbitration cases and made four time's decision on the arbitration cases since Korea arbitration act was enacted in 1966. Most of the arbitration cases appealed to the Supreme Court was to obtain the recognition and enforcement of arbitral awards or to set aside the arbitral awards according to the Korea arbitration Act article 36 and article 37, by reason of (a) a party to the arbitration agreement was under some incapacity under the law applicable to him or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, (b) a party making the application was not given proper notice of the appointment of the arbitrator or arbitrators or of the arbitral proceedings or was otherwise unable to present his case (c) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, 5 cases of these arbitral awards were refused to obtain the enforcement of Arbitral awards and have been cancelled finally by the Supreme Court only by the New York Convention of 1958.

• 통상정보연구
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• 제11권2호
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• 한국중재학회지:중재연구
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• 제25권1호
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• pp.47-64
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• 2015

Pursuant to Article 109(1) of the Attorney-at-Law Act of Korea, a person, not an attorney-at-law, who receives or promises to receive money, articles, entertainment or other benefits or who gives or promises to give those things to a third party, in compensation for providing or mediating legal services, such as examination, representation, arbitration(emphasis added), settlement, solicitation, legal consultation, making of legal documents, etc. shall be punished by imprisonment with prison labor for not more than 7 years or by a fine not exceeding KRW 50 million or may be punished by both and there is no specific provision on qualification of arbitrator except on nationality of an arbitrator in the Arbitration Act of Korea. Then, the question arises, can any non-lawyer arbitrator who receives arbitrator's fees be punished in accordance with the Attorney-at-Law Act in Korea? To search for an answer for this matter, this paper examines the Arbitration Act or the Civil Procedure Code of 33 major countries in the world and explains a research on the participation ratio of non-lawyer arbitrators in all 360 arbitration cases registered in 2012 at the Korean Commercial Arbitration Board (KCAB).

• Computers and Concrete
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• 제22권6호
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• pp.527-538
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• 2018

Buckling of longitudinal bars is a brittle failure mechanism, often recorded in reinforced concrete (RC) structures after an earthquake. Studies in the literature highlights that it often occurs when steel is in the post elastic range, by inducing a modification of the engineered stress-strain law of steel in compression. A proper evaluation of this effect is of fundamental importance for correctly evaluating capacity and ductility of structures. Significant errors can be obtained in terms of ultimate bending moment and curvature ductility of an RC section if these effects are not accounted, as well as incorrect evaluations are achieved by non-linear static analyses. This paper presents a numerical investigation aiming to evaluate the engineered stress-strain law of reinforcing steel in compression, including second order effects. Non-linear FE analyses are performed under the assumption of local buckling. A role of key parameters is evaluated, making difference between steel with strain hardening or with perfectly plastic behaviour. Comparisons with experimental data available in the literature confirm the accuracy of the achieved results and make it possible to formulate recommendations for design purposes. Finally, comparisons are made with analytical formulations available in the literature and based on obtained results, a modification of the stress-strain law model of Dhakal and Maekawa (2002) is proposed for fitting the numerical predictions.

• 동남아시아연구
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• 제28권2호
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• pp.85-117
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• 2018

이 논문은 1998년 레포르마시(Reformasi) 이후 인도네시아에서 이루어진 노동법의 발전에 대해 논의한다. 권위주의 정권의 종식과 이에 따른 민주적 제도의 도입은 노사 관계를 재구성하기 위한 새로운 공간을 열었다. 정부는 고용제도와 노동분쟁해결 체계에 엄청난 변화를 가져 온 새로운 일련의 노동법들을 공포했다. 이러한 변화가 창출한 도전에 직면한 노동조합들은 구성원들의 이익을 방어하기 위해 대안적 수단을 사용하고 있다. 이 논문은 노동법 개혁이 정부, 기업인단체들과 노동운동 사이에서 어떻게 새로운 사회적 계약을 수립하였는지 보여준다.

• International Journal of Computer Science & Network Security
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• 제22권7호
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• pp.413-420
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• 2022

The review of known methods and decision support systems regarding the possibility of using the reproductive technologies showed that currently there are no methods and decision support systems regarding the possibility of using reproductive technologies taking into account civil law. Although the analyzed methods and systems have great potential for use in different contexts, these methods and systems do not take into account the civil law requirements of any country. The paper has developed a decision support system regarding the possibility of using the reproductive technologies taking into account civil law, which automatically and free of charge determines the possibility/impossibility of surrogate motherhood or in vitro fertilization. If it is determined that surrogate motherhood or in vitro fertilization is impossible, the sufficiency of the information in the analyzed contract is evaluated, and the reasons for the impossibility of surrogate motherhood or in vitro fertilization are presented to the user.

• 융합경영연구
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• 제2권4호
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• pp.1-19
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• 2014

The rule of Islam is simple: if you advance a loan, you are entitled to receive your capital only and nothing more. If you wish to secure profit you should enter into a partnership and become a shareholder. Prohibitions against interest are not peculiar to Islam. If we were to trace back through history, a number of examples of such prohibitions can be found in the early Greek, Roman and Rabinnical thought. With the decline of the influence of the Catholic Church interest transactions become legal and stimulated giant Western corporations which forged capitalist imperialism. The practice of charging interest (usury) now dominated Western law and ethics for over a millennium. But, the Western or capitalist economic system has proven a failure in its quest for economic justice, which serves to benefit all in society, both the rich and the poor. In particular, capitalism is currently causing a terrifying scenario of making the rich richer and the poor poorer due to interest charges. An alternative banking model, called Islamic finance and banking, is evoked in this study in order to depress financial exploitation by banking institutions.

• 한국조경학회지
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• 제32권4호
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• pp.59-70
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• 2004

This study is about apartment greening to improve urban environment. To achieve this, questionnaires concerning the planter preferences were distributed. To improve perpendicular greening methods for apartments, MOCT (The Ministry of Construction and Transportation) reformed the law to obligate constructors to make apartment planters in June, 2000. But apartment residents take negative attitudes to making green space. It is difficult to manage the planters as well, so it is necessary that the point at making green spaces at apartments be scrutinized through questionnaires and an active method for making and managing the planter be made. The results show that apartment residents are reluctant to pay the expenses for planting and managing planters and have negative attitudes about plant purchases. If planting and managing of simplified planters are continually entrusted to residents, even vertical landscapes will be affected by illegal diversion and negligence as a result. Therefore, support from governments and local administrations are needed and legal obligation should be imposed on construction companies to install irrigation facilities.

• 인터넷정보학회논문지
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• 제16권4호
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• pp.141-148
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• 2015

2011년 3월 제정된 개인정보보호법은동 법의 적용대상을 공공 민간부문의 모든 개인정보처리자로하고 개인정보의 수집, 이용, 제공 등 단계별 보호기준을 마련하였다. 프라이버시 영향평가를 도입하여 일정한 경우 개인정보처리자가 자동적으로 영향평가를 수행하도록 하고 있는 등 개인정보보호법의 전체적 취지와 내용은 높이 평가할 수 있으나, 여전히 전체적으로 어렵고 이해하기 쉽지 않다는 문제점을 안고 있다. 특히 법조문의 불명확성이나 해석, 개인정보보호법상 추진체계 등에 문제가 있으므로, 본고에서 이러한 문제점 등에 대해 고찰해 본다.

• 한국중재학회지:중재연구
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• 제16권2호
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• pp.51-88
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• 2006

The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.