• Strategy21
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• s.40
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• pp.131-143
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• 2016

On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

• Speech Sciences
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• v.14 no.1
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• pp.37-62
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• 2007

The current study examines the role of post-lexical tonal patterns of a prosodic phrase in word segmentation. In a word spotting experiment, native Korean listeners were asked to spot a disyllabic or trisyllabic word from twelve syllable speech stream that was composed of three Accentual Phrases (AP). Words occurred with various post-lexical intonation patterns. The results showed that listeners spotted more words in phrase-initial than in phrase-medial position, suggesting that the AP-final H tone from the preceding AP helped listeners to segment the phrase-initial word in the target AP. Results also showed that listeners' error rates were significantly lower when words occurred with initial rising tonal pattern, which is the most frequent intonational pattern imposed upon multisyllabic words in Korean, than with non-rising patterns. This result was observed both in AP-initial and in AP-medial positions, regardless of the frequency and legality of overall AP tonal patterns. Tonal cues other than initial rising tone did not positively influence the error rate. These results not only indicate that rising tone in AP-initial and AP_final position is a reliable cue for word boundary detection for Korean listeners, but further suggest that phrasal intonation contours serve as a possible word boundary cue in languages without lexical prominence.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.16 no.2
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• pp.43-59
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• 2005

Traditional paper records have to be preserved in the original form to ensure the authenticity. On the other hand. electronic records have to be continuously changed in content itself or metadata to be preserved in long-term period, so the proof of the legality of each change made so far and the proof of the protection against all the illegal changes are the essential. to ensure these requirements. We need some functions including the authentication of original captured records. the protection of records against the loss or forgery, the authentication of preserved records, and the treatment of authentication-failed records. This paper explains the fragility of authenticity for electronic records, identifies the functions needed, suggests the implementation idea, and describes the overall management polity for electronic records to ensure the authenticity.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.8 no.8
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• pp.1790-1795
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• 2004

In this paper, the new password system called SPS(Secure Password System) in order to enhance the security of the system as well as to improve the weakness of the password which is very easy to be disclosed by other people, improving the methods which is identifying the users' legality using the computer system in the multi-users computer. SPS is adopting several strong points such as Easy Embodiment, Low Cost, and most of the good points of the traditional password system. In addition, it makes an easy introduction from the traditional password system. Above SPS has the high stable security in the practical experiments about both the literal attack of the online intruders and the exposure of Clients' password.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.49-76
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• 2017

Lex arbitri, a law that regulates arbitration procedures at arbitral seat, can be viewed as an additional procedural law. In addition, the lex arbitri refers to mandatory provision imposed by each country on arbitrators in their own territory. The reason is that the lex arbitri often relates to matters of public policy of the place of arbitration. In Korea, the LMAA terms is frequently mentioned in the shipping industry in Korea, and the LMAA terms clause is often set up in the contract between Korean companies. However, the study of the UK Arbitration Act 1996, which regulates the LMAA arbitration, is not so much in Korea. On the other hand, Lex Arbitri, a corporation that regulates mediation procedures in arbitration, can be viewed as an additional procedure. There may also be procedures that must be followed compulsorily by the Arbitration Act of Arbitration. The reason is that Lex Arbitri seems to be related to the public policy of the arbitration. Therefore, the arbitration law of the country of arbitration seat may be the most important regulations in relation to the legality of the arbitration procedure. If the proceedings of the arbitration violate the Lex Arbitri, the arbitral award may be nullified. The purpose of this study is to analyze the arbitration theory, international arbitration and Lex Arbitri, focusing on the UK Arbitration Act 1996.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.187-210
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• 2019

This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

• Journal of the Korean Society of Clothing and Textiles
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• v.28 no.11
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• pp.1438-1447
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• 2004

The purpose of this study were to examine if the buyers of counterfeits tend to care less about ethical beliefs than non-buyers among Korean, Japanese, and Hong Kong consumers, and if they have more supportive attitudes toward counterfeit products. 573 female college students living in Seoul, Tokyo, and Hong Kong were surveyed. For data analysis, descriptive statistics, factor analysis, and t-test were used. As the results, 65.8% of respondents had experiences of purchasing fashion counterfeits. Handbags among fashion counterfeits were the most frequently purchased by the respondents. The buyers of counterfeits tended to purchase counterfeit goods as more alternative of genuine products than non-buyers, and did not feel guiltier toward purchasing of counterfeits than non-buyers. Also, the buyers of counterfeits tended to have more positive attitudes toward the legality of manufacturing, selling, and buying of counterfeits than non-buyers. In addition, they tended to consider much more purchasing of counterfeits as a way to fight against big-firms than non-buyers. Finally, the buyers of counterfeits tended to have lower consumer ethics than non-buyers. Based on these results, global marketing strategies for fashion goods were suggested.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.49-80
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• 2013

The Issuance of false medical certificates on Criminal Law or the Medical Service Act are frequently applied to the insurance fraud cases related with the medical certificate, prescriptions. The meaning of medical certificate is not defined on the crime of Issuance of false medical certificates, but considering the rule of Paragraph 1 of Article 17 of the Medical Service Act, which punishes drawing up the medical certificate by anyone except the doctor who has directly examined, and the principle of legality, the medical certificate applied with the crime of Issuance of false medical certificates should (1) include the judgment after current medical ex-amination, (2) be written for the purpose of verifying the health status and (3) have a style that can be recognizable as medical document usually written by doctors. In addition, since there have been many argues on the range of application of the Paragraph 1 of Article 17 of the Medical Service Act, which generally regulates various kinds of documents such as medical certificates, prescriptions and others, which have different purpose and characters, the range of application of the clause above is needed to be interpreted strictly.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.133-156
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• 2011

This paper is to analyze the legality in which the fraud rule allow the issuer of L/C or a court to disrupt the payment to the beneficiary under the deferred payment credit when the nominated bank for deferred payment undertaking made prepayment or negotiation before the maturity date and fraud is identified to be involved. Since the function of commercial L/C is to provide absolute assurance of payment to a beneficiary, the fraud rule based on fraud exception has been known as the negative factor which lead to the disruption of "principle of independence & abstraction" under the commercial L/C transactions. As a result, the fraud rule is necessary to limit the activities of fraudsters, but its scope must be carefully circumscribed so as not to deny commercial utility to an instrument that exists to serve as an assurance of payment. But the fraud itself has not been firmly established because it is inherently pliable in its concept. There are numerous contents to describe the application of fraud to the L/C transactions as a standard such as egregious fraud, intentional fraud, L/C fraud(omitted here), flexible fraud, and constructive fraud. And so the standard applicable to the commercial transaction as the fraud rule would be high or low depending upon the various standards of fraud.

• Korean Journal of Child Studies
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• v.37 no.6
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• pp.119-132
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• 2016

Objective: The purpose of this study was to analyze the operation and personal information management of public and private kindergarten homepages. Methods: A total of 2,846 kindergartens were selected from the I-Sarang portal service for analyzing operation, and 217 self-operating homepages were selected for evaluating management. Seven evaluation items from three domains (information gathering procedures and scope, information security, and management of file exposure protection) were used. Wireshark and Google were used for analyzing some evaluation items. Results: The operating ratio of kindergarten homepages was low and most of the kindergartens self-operated their homepages. The evaluation of the information gathering procedures and scope showed that the rule of consent process was not rigidly followed but that the rule of legality for information gathering was followed. Items related to information security were followed at very low levels. As for the management of file exposure protection, the evaluation of items related to the prevention of attachment disclosure showed that the rule of protecting personal information included in an attached file was followed but that the notice regarding information protection was not. Across all evaluation items, the level of personal information management was higher in public (vs. private) kindergartens. Conclusion: These results indicate methods to more securely and effectively manage personal information on kindergarten homepages.