• Journal of Arbitration Studies
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• v.16 no.2
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• pp.89-120
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• 2006

If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.65-83
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• 2011

The purpose of Emergency Arbitrator System is to provide parties with the possibility of obtaining interim measures before constitution of the arbitral tribunal. This paper examines the Emergency Arbitrator System set forth in Article 32 and Appendix II of Arbitration Rules of Stockholm Chamber of Commerce (SCC) in comparison with Article 37 of ICDR International Arbitration Rules. This paper also provides a case study of 4 Decisions rendered by Emergency Arbitrators under the auspices of SCC in 2010. It was found that it took only 4 days on average from the date upon which the request for emergency interim measures was registered to SCC to the decision rendered by Emergency Arbitrators. The figures of average days reflect its rapidity well, one of the most preferred characteristics of arbitration. However, a case study of SCC decisions shows that only one request for interim measures was successfully granted. In other words, it was found that the requirements for granting of interim measures by emergency arbitrator were quite strictly applied. If interim measures is to be granted, it was found that the requesting party should prove to satisfy the requirements for granting of interim measures as follows: First, the requesting party has to demonstrate that it may suffer irreparable or serious harm in commercially-sensible, not in a strictly literal sense unless the interim measure is granted. Second, the party requesting interim measures has to persuade the Emergency Arbitrator that the request was of an urgent nature. Third, the requesting party is required to meet the reasonable possibility that it may succeed on the merits of the claim.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.47-64
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• 2011

The China International Economic and Trade Arbitration Commission(CIETAC) released online arbitration rules which apply the resolution of disputes over electronic commerce transactions, as well as other economic and trade disputes in which the parties agree to do. The evidence submitted by the parties may be electronic evidence created, sent, received or stored by electronic, optical or magnetic means. Electronic evidence with a reliable electronic signature shall carry the same effect and probative force as a document with a hand-written signature. Where a case is tried in a tribunal, the arbitration tribunal shall conduct an online trial hearing using internet video conference or other electronic or computer communication means. Unless the parties have another agreement, summary procedure shall apply to cases where the amount in dispute exceeds RMB 100,000 but no more than RMB 1 million, or where the amount in dispute exceeds RMB 1 million and a party submits a written application for summary procedure after obtaining the written consent of the other party. Unless the parties have agreed otherwise, fast-track procedure shall apply to cases where the amount in dispute does not exceed RMB 100,000 or where the amount in dispute exceeds RMB 100,000 and a party submits a written application for fast-track procedure after obtaining the written consent of the other party. Notable features of the Online Rules are as follows; first, there is not detailed consideration for online arbitration. Second, communications between the parties and the tribunal are allowed only through the Secretariat. Third, elaborate provisions regarding the electronic submission and transmission of documents is provided for. Forth, various factors must be considered by the tribunal in deciding the evidence's reliability. Fifth, reasonable endeavours is levied on CIETAC to keep data communications secure and encrypted. Sixth, the tribunal has the right to investigate and collect relevant evidence. And finally different procedures are provided for in consideration of the various types of E-commerce.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.3-24
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• 2009

This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

• Journal of Family Resource Management and Policy Review
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• v.8 no.3
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• pp.1-14
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• 2004

This is a historical study of the tea culture and its manners after checking the origin of the tea culture in Korea. Also I created the Blooming Lotus Pond Tea which can be utilized in various meetings or at homes in connection with the tea culture and etiquette by studying good manners, clothing and light refreshments in 'Kyucongyogyul' by Lee-E, 'Karyejibramdo' by Kim Jang-Seng and other books of the Chosun Dynasty. I created the Blooming Lotus Pond Tea by referring to the tea-ceremonies described in the poems by Hong Inmo, his wife, Lady Suh, and her descendants. They can be better harmonized with the modem tea culture rather than the strict procedures of traditional court ceremonies or marriage, funeral, and other formal tea ceremonies. About the costumes of the nobilities, that is especially referred to Kyukmongyogyul by Lee-I of the Chosun Dynasty for the etiquette, also 'The Living Manners' by Professor Lee Gilpyo and Choi Baeyong. In addition, the tea-food is made based on 'the five elements'. The Blooming Lotus Pond Tea is made of frozen lotus flowers and prepared in the lotus formed broad-rimmed tea-utensils and supposed to be shared with family members or guests. It's recommended to hold a poetry-party with a tea-party. At present, this kind of daily tea ceremony is being developed at homes. It'll be desirable if it could recreate the traditional way as a ceremonial tea culture. In that case, it'll regain the quality of the traditional etiquette by harmonizing tea culture and manners. Such a tea culture can contribute to the quality of people's ordinary life and the identity of our country.

• The Journal of Industrial Distribution & Business
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• v.2 no.1
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• pp.17-22
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• 2011

This study outlines the current state of logistics in the country will be examined. In particular, the country's main development strategy, logistics 3PL as a development strategy is to look about. For the development of 3rd party logistics companies, shippers, and government efforts are needed. Looking at aspects of corporate strategy, First, the logistics company provides a benefit to the shippers should be able to. Second, the logistics company providing logistics services to create added value should be. Third, the integration of customized logistics services and logistics systems must be able to provide. Finally, a positive investment in human resources is needed. Fifth, the logistics must be enabled strategic alliances between companies. Sixth, the introduction and application of advanced Logistics should be actively. Corporate strategy perspective, shippers and 3rd party logistics companies that need to cooperate closely. Finally, The government should strive for the growth of 3rd party logistics companies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.119-148
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• 2015

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

• Journal of the Korean Society of Costume
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• v.54 no.8
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• pp.75-86
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• 2004

This study aims at considering and analyzing the stature of denim clothing as an ornament as well ai how aesthetic meaning and human being's mental side indwell in the development of denims. which will be proceeded in the future, from the view of contemporary culture of dressing. It is found that the stylishness expressed through denim clothing is formed on the basis of the cultures of party, drawing and disorganization, and the result of the study was as follows. Firstly, the culture of party became the source of for decoration of denim clothing, and denim clothing more glamorize women as a party-look which makes the most use of its advantage to be comfortable and able to display in various ways with splendid artificial jewelry, patchwork, dyed pattern which is elaborately embroidered. Secondly, Such culture of drawing is applied to denim clothing so that denims are expressed to make people feel more human being's warmth as being free from the existing stereotype and formality. Thirdly, the most outstanding feature of denim clothing showed in the culture of disorganization is to make the most use of vintage style as it is. This reflects an image of the culture of disorganization under postmodernism, which is free from the traditional conception of the existing dressing by destroying the original form, in the way of slashing, making a hole and tearing. That is, people can sufficiently express not only free sense of release based on postmodernism by wearing denim clothing, but also human being's intrinsic desire for restoration of humanism or human warmth with splendid decoration or various techniques such as handicraft. It can be recognized these features as the reasons, that make denim clothing place themselves as an original fashion item, by giving denim clothing technical decoration in recent years.

• Journal of the Korean Institute of Gas
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• v.21 no.6
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• pp.8-14
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• 2017

One of the main causes of gas pipeline accidents is mechanical impact(third party damage). The majority of high pressure gas pipelines buried in major domestic industrial complexes are old pipes which have being operated over 20 years. Therefore, if an accident occurs, there will be a full scale accident because there is no additional inspection and reinforcement time. In this study, the defects on the piping during the mechanical impact were studied through the third party damage(excavation) experiments. Experiments were carried out using the 21 ton excavator which is operated in the actual excavation work and the type of pipe to be struck are ASTM A106 Grade.B and ASTM A53 Grade.B. As a result, when the bucket used during excavator operation is a sawtooth bucket, the defect is more bigger. And the smaller the diameter of the pipe, the smaller the depth and length of the defect. Also, it was confirmed that the impact height had no effect on the defects on the buried pipe, during the excavation work.

• Journal of the East Asian Society of Dietary Life
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• v.1 no.1
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• pp.53-75
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• 1991

To examine the main party of royal family in the Man Kyong Jeon, the authors analyzed“Jin Chan Eui Gue”, which is a historical record published in 1887(King Go-Jong). The results obtained from the study were as follows, 1. The dining tables were divided into two:fixed arranging tables(131) and taking-away tables. 2. Food and flowers were distributed to the 1238 attendants. 3. According to the status or class of the attendants, the pattern or size of table settings were differentiated in the kinds of food, hights of food, flowers china ware etc. 4. The seat of the King's Grand Mother was located facing the south. 5. Red silk table cloth was used in the main party. 6. At the main party for the King's Grand Mother, dishes were arranged in the following sequence, the first line : cakes made of flour, oil and honey etc. the second : oil and honey pastry the third : fruits the fourth : rice cake etc. the fifth : cooked meat and fried fish etc. the sixth : sliced raw fish and beverage etc. the seventh : noodles, soup and soy bean sauce the eighth : spoon and chopsticks. 7. In the arrangements of tables for the King's Grand Mother, the heights of food on the dishes were as following level, a dish : 1 chok and 5 chon (1척 5촌) 27 dishes : 1 chok and 3 chon (1척 5촌) 7 dishes : 1 chok. (1척)