• International Commerce and Information Review
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• v.18 no.4
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• pp.165-193
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• 2016

This paper conducts a comparative analysis of the KORUS FTA and the TPP Agreement to assess the current state of affairs in international trade rules for the pharmaceutical industry. Intellectual property rights as well as public health related regulations have evolved to strengthen the position of innovator drug companies. In particular, the TPP Agreement which adopted data exclusivity for biologics for the first time, will set the standard for the future. Apart from this however, the TPP Agreement has not gone further than the KORUS FTA and in some respects, even contains greater policy flexibilities and provisions for market access than the KORUS FTA. Korea should take advantage of such differences when and if she must engage in negotiations to join the TPP Agreement or a renegotiation of the KORUS FTA.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.59-81
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• 2017

The purpose of this study is to find a solution to disputes in the process of producing digital music sources. At present, the center of the world music market including the domestic market has been completely transformed from the tangible musical record market to the intangible sound source market. Due to these environmental changes, the music production process becomes industrialized and specialized, causing conflicts of interest among the individuals in the process. First of all, this study examined changes in the music market which is the background of the dispute, identified the problems of the process and suggested solutions while summarizing the meaning and role of each process of producing a sound source that may arise during the sound production process. This study covers plagiarism between producers, copyright infringement of the creator against assistant creator caused by the industrialization and division of the production environment, issues related to the rights of sound engineers whose role and importance become bigger as acoustic technology develops and music genres become more diverse, and vertical hierarchy due to the formation of oligopoly by several distributors with huge capital. As a result of the study, it was concluded that Alternative Dispute Resolution (ADR) system is suitable for solving these problems. Specific methods of using ADR include activation of the dispute settlement system of the Korea Copyright Commission, active use of the arbitration clause specified in the standard contract, and recalculation of labor costs and earnings from copyright through mutual negotiations. This paper can be differentiated from previous studies in that it studied overall problems that might arise in the process of digital music source production and suggested ADR utilization as the solution.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.3-18
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• 2017

International legal reviews on ISD, a procedure for resolving disputes under the Korea-US FTA, are examined from the perspective of law. If the ISD system does not exist, even if the investor suffers damage due to the illegal act of the host country, he or she must file a lawsuit through the court of the host country, which is unreasonable from the investor's point of view and makes it difficult to guarantee fairness and transparency. Some of the Koreans pointed out that there are some problems with the KORUS FTA dispute settlement regulations, and that the United States federal courts are taking a friendly attitude to the decisions made by the US Customs in determining the dispute by the KORUS FTA Agreement and the US Customs Act. In cases where the State does not violate international law but results in harmful consequences, the responsibility of one country is borne by the treaty. Foreign investment always comes with many challenges and risks. Therefore, the ISD system is a fair and universal arbitration system, which is considered to be a necessary system even for protecting the Korean companies investing abroad. In the investment treaty, compensation for the nationalization of foreign property and reimbursement under the laws of the host country were dissatisfied with foreign investors. In particular, some Koreans have pointed out that there are some problems in the KORUS FTA dispute resolution regulations and there is a need for further discussion and research. Based on the experiences and wisdoms gained in the course of Korea-US FTA negotiations, the dispute arbitration mechanism is urgently needed to reduce the possibility of disputes and to make amicable directions.

• Membrane and Water Treatment
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• v.9 no.6
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• pp.421-434
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• 2018

Decision-makers have different and sometimes conflicting goals with utilities in operating dam reservoirs. As repeated interactions exist between decision-makers in the long-term, and the utility of each decision-making organization is affected not only by its selected strategy, but also by other rivals' strategies; selecting and prioritizing optimum strategies from a decision maker's point of view are of great importance while interacting with others. In this paper, a model based on a fuzzy set theory, for determining the priority of decision-makers' strategies in optimal qualitative-quantitative operation management of dam reservoir is presented. The fuzzy priority matrix is developed via defining membership functions of a fuzzy set for each decision maker's strategies, so that all uncertainties are taken into account. This matrix includes priorities assigned to possible combination for other decision makers' strategies in bargaining with each player's viewpoint. Here, the 15-Khordad Dam located in the central part of Iran, suffering from low water quality, was studied in order to evaluate the effectiveness of the model. Then, the range of quality of water withdrawal agreed by all decision-makers was determined using the prioritization matrix based on fuzzy logic. The results showed that the model proposed in the study had high effectiveness model.

• The Journal of the Korea institute of electronic communication sciences
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• v.10 no.1
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• pp.81-94
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• 2015

The purpose of this study is to find ways to build a desirable risk governance to respond to these uncertainties like such as increased risk due to the rapid development of modern science and technology in S. Korea. This study is about model of risk communication with scientific technology for additional construction of nuclear power plants. This study analyzed risk communication with scientific technology through new explanatory models between approval opinions of scientific professional group and opposition opinions of the public with Kori nuclear power plant of S. Korea. And then This study investigated related system for policy promotion in the field of nuclear energy of the current S. Korea. Consequently, Governance to strengthen the negotiations on nuclear technology at the time of the interaction in risk communication have been identified and the future of policy direction of the Korean Standard Nuclear Power Plant was detected.

• The Journal of Fisheries Business Administration
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• v.45 no.3
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• pp.19-37
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• 2014

This study is to focus on the status of implementation of bilateral-fishery order based on the Korea-China fisheries agreement and aims to improve fisheries relationship between two countries. Korea-China Fisheries Agreement entered into force in 2001, and serves as a basic framework of the bilateral fisheries order. However, the fishing order between Korea and China has the following limitations. First, it is standstill of joint response for a practical resource management. Second, there are still gaps between the quotas of mutual accord fishing and fishing operation work performance. Third, China's illegal fishing is taking place consistently. Fourth, the effective cooperation between two countries in fisheries is not carried out. Finally, the Korea has faced difficult situations to adhere to a balanced position in the fishery negotiations due to conflicting positions on China and Japan. In order to solve these problems, the fishing order between Korea and China will be able to maintain the competitiveness of Korean fishery sector by reinforcing Korea's fishing sovereignty, Korea and China, based on trust and cooperation, will make efforts to improve bilateral fisheries relations to maximize mutual benefit in fishery sector. Specifically, first, the two countries should strengthen the resources management based on the scientific research and the improvement of imbalance of the mutual agreed fishing in EEZ. Second, Korea has to achieve our targeted performance of fishing operation and establish a joint resources management system between two countries in the provisional measure zone. Third, Korea should implement to collect fisheries information about China fishing vessels which are operating in the EEZ of Korea. Finally, Korea and China should be building up effective governance framework for the establishment of fishing order.

• KDI Journal of Economic Policy
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• v.14 no.3
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• pp.73-96
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• 1992

Korean economy has experienced rapid expansion of the service sector at the expense of the manufacturing sector since 1988, which was caused by the wage increase and the appreciation of Won. The government worried about the deindustrialization and the erosion of the international competitiveness, and various measures were taken to enduce labor force into the manufacturing sector. However, this article argues that the expansion of the service sector is inevitable phenomenon in the process of economic development, and the balanced industrial policies are desirable. In addition, the Uruguay Round Service Negotiations require liberalization of the service market and internationalization of the service industries.

• Health Policy and Management
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• v.13 no.3
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• pp.52-70
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• 2003

The rate of conversion to Medical-juridical-persons' ownership of medical institutions has increased rapidly since its start in 1970s in Korea. The most sensitive issue to introduce for-profit medical institutions, ignited particularly by the WTO/DDA negotiations, has sparked considerable debate, stemming largely from conflicting views on the theoretical effects of ownership status on organizational behavior. This study surveyed health-related experts' opinions on allowing for for-profit-firms-owned medical institutions. Some fear that the obligation to maximize the share-holders' return on their investment will cause the medical institutions to eliminate necessary but less lucrative services. They may easily fall under more pressure to generate income, and respond more aggressively than not-for-profit medical institutions to financial pressures. Advocates of for-profit ownership of medical institutions argue that greater responsiveness to the demands of the marketplace will lead to larger investment, higher quality and lower costs to consumers. Referring to both foreign countries' experience and domestic experts' opinions, this study suggests for reform of the current Korean Medical-Juridical-Person(MJP) System. Introduction of so-called “Capital-investment” MJPs is recommended where the properties left in case of their dissolution can be distributed to original investors according to the procedures stipulated in their statutes. However, their annual profits are not allowed to be allocated to investors, but should be reinvested for their medical institutions, as is the case in current MJPs. Their legal aspects are also reviewed in this study.

• The Journal of the Korea Contents Association
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• v.11 no.7
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• pp.478-488
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• 2011

The aims of this research are to form a research model for negotiations against leisure constraints, serious leisure activity, and the specialization of sports activity, verify the fitness of this model and define the relationship between the variables in the model. This research was taken on a population of 235 people in the commercial sports center in Seoul city in 2010, taking the members by voluntary, and analyzed them with purposive sampling. The research used AMOS 18.0 program to carry out a covariance structure analysis. The conclusions are as follows. First, serious leisure can be experienced when one puts effort in negotiating against the leisure constraints. Second, when one puts effort in negotiating against leisure constraints, progress is made in specialization of sports activity. Lastly, sports activity becomes more professionalized when one experiences serious leisure.