• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.51-82
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• 2010

The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.75-94
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• 2009

The process of obtaining third-party financing contacts was analyzed via a two-stage game model: a "signaling game" for the first stage,and a "principal-agent model" for the second stage. The two-stage game was solved by a process of backward induction. In the second stage game, the optimal effort level of the energy saving company (ESCO), the optimal compensation scheme of the energy user, and the optimal payoffs for both parties were derived for each subgame. The optimal solutions forthe different subgames were then compared with each other. Our main finding was that if there is some restriction on ESCO's revenue (e.g. a progressive sales tax) that causes ESCO's revenue toincrease at a decreasing rate, then the optimal sharing ratio is uniquely determined at a level of strictly less than one under a linear compensation scheme, i.e. a unique balance exists. Subgames have a unique equilibrium arrived at separately for each situation,. Within this equilibrium, energy users accept energy audit proposals from H-type ESCOs with high levels of technology, but reject proposals from L-type ESCOs with low levels of technology. While L-type ESCOs cannot attain profits in the third-party financing market, H-type ESCOS can pocket the price differential between L-type and H-type audit fees. Accordingly, revenues in an H-type ESCO equilibrium increase not only in line with the technology of the ESCO inquestion, but also faster than in an L-type equilibrium due to more advanced technology. At the same time, energy users receive some positive payoff by allowing ESCOs to perform third-party financing tasks within their existing energy system without incurring any extra costs.

• International Commerce and Information Review
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• v.14 no.4
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• pp.409-431
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• 2012

This article deals with the nature of ISDS along with the admissibility thereof, for the settlement of investment disputes between states and nationals of other states. ICSID as an organization of World Bank Group, has been established in 1966 and as of May in 2011, 157 nations ratified its convention. As for the Republic of Korea(ROK) it has been involved in the problematic situation with regard to ISDS of the KORUS FTA in negotiation with the United States. The ruling Grand National Party is pushing the FTA for ratification including ISDS. However, the opposition party, the Unified Democratic Party rejected the ISDS with a view to a toxin infringing on its judiciary sovereignty. The ROK has invested in the US 3.5 times more than the US did in Korea up to now. As a result, it seems that the ROK is more concerned about ISDS than the US is, considering that exhausting local remedy through the US local courts, applying even a municipal ordinance in their decisions which will be unsatisfactory toward the ROK side. The ROK is now struggling with the ISDS as a political issue between the ruling party and the opposition party mostly based on sovereignty with a reference on AUSFTA which excluded the ISDS. Australian model about ISDS has been impacted by the experience from the NAFTA which allowes direct claims against each other(the US against Canada and Canada against the US). It seems not to be much sympathy for developed countries because it has long been held to standards for pressing on developing countries. Australia is also struggling with ISDS from the political point of view likewise the ROK. And the ISDS is destined to the political situations established within the domestic countries among the political parties in relation with the acceptance or rejection of thereof.

• Journal of the Korea Society of Computer and Information
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• v.15 no.12
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• pp.67-73
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• 2010

In SIP(Session Initiation Protocol) environment, the presence event notification operation makes presence service user to recognize presence information status changes of the other party. In conventional method, the user should send each SIP SUBSCRIBE message containing the address of the other party to the presence server. Furthermore each presence subscription requires refresh messages, and the amount of notification messages from the other party becomes large. These facts increases network traffic and the load of presence server. In this paper, to solve these problems a new presence list service has been suggested. It uses a presence list consists of URI of the other party and make it possible to subscribe by using one SUBSCRIBE message. So this method decreases the amount of SUBSCRIBE messages and refresh messages, and it also decreases the amount processing event notification messages from the subscribed the other party. And to increase the efficiency, a presence filtering method which enables to include some parts of selected presence information into the notification message body has been also suggested. The implemented system can reduce SIP message related network traffic and message processing time of the presence server. The performance of this proposed system has been evaluated by experiments, and the results showed decreasing of server processing time.

• Information Systems Review
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• v.5 no.2
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• pp.109-129
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• 2003

This study is intended to examine how strategic nature of the alliaTnce, characteristics of input resource, communication activities will affect the strategic partnership(trust/commitment) and performance in the strategic alliance between internet shopping mall and the third party logistics. The variables affecting the partnership(trust/commitment) between internet shopping mall and the third party logistics produced the result to prove what I intend to suggest in this study, in verifying four hypotheses such as strategic importance, complementation of resource, quality of communication, share of information. It was found that the partnership have a significant positive influences on the performance of strategic alliance. As most of the domestic Internet shopping malls employ the third party logistics strategically, the implications from this study are as following: First, this study attempts to find out factors influencing partnership(trust/commitment) and the performance of strategic alliances. Second, the results that strategic partnership can build up based on the long term thrust and commitment implies operation and management are important during operation of strategic alliance. Third, this study provides the model of determinants of partnership and performance in the strategic alliance for logistics services which is one of the factors consumers in the Internet shopping mall are most sensitively response to, and quantifies the model through the empirical analysis.

• Cross-Cultural Studies
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• v.38
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• pp.191-214
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• 2015

Chinese American Writer, Ha Jin has been writing exclusively about the life in his native Communist China. His stories and poems are almost all about the Chinese people so far. In addition, the distinctive Chinese flavour and the inexorably repressive image of China in his works present an 'Other' to the American culture. Such kind of Chineseness can also be found in Ha Jin's works and his career as a writer. The continued demand for knowledge of China, which is created by China's increasingly important role in the globalized economy, sustains the country's position as an Other for America. In his early four novels, Ha Jin portrays a totally repressive image of Communist China, an image of which functions perfectly as a form of otherness for his American readers. In Ha Jin's portrayal, the Chinese masses are subjected to the Communist authority through its bureaucracy and state-economy mechanism, as well as through the godlike image of Mao Zedong. They are to follow the Communist conscience and subscribe to unity-in-difference. Deviation from the one-party rule is intolerable. In each of the novels, Ha Jin presents a specific system of repression. In In the Pond, confrontation against Party authority is contained by a process of complicity. In Waiting, the Party's power is upheld through a system of surveillance in which people act as agents, resulting in a web of power which paralyses love. The Crazed illustrates a play of power by Party officials which, against the backdrop of the Tiananmen Square Massacre, is full of craze itself, driving people either out of sanity or out of the country. War Trash exposes the Communist power's repression to the extreme by presenting a case of dishonour in those whose life is debased as trash by the Party. The repressive image of China produced in these stories, which span over half a century, makes Ha Jin's China a perfect Other for the West. To sum up, Ha Jin's novels construct a repressive image of China. In his novels, Ha Jin exposes the working of repression in particular systems. Through these systems, he problematizes the notion of personal autonomy for Chinese people and proposes for his western/American readers a solution which eventually turns into a re-presentation of American hegemony.

• Korea Real Estate Review
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• v.27 no.3
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• pp.103-118
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• 2017

Under the ownership pre-sale system in the South Korean apartment market, developers can sell apartment ownerships as soon as they start to construct an apartment complex. In the South Korean apartment market, people call this kind of ownership "Bun-yang right." There is a time difference between ownership sale and apartment completion under the ownership pre-sale system. The pre-completion apartment ownerships can be resold to third parties until the apartment complexes are completed, which is called "Geon-mae" of the Bun-yang right. Using survival analysis, this research analyzed the elapsed time between ownership purchase and resale to a third party using 48,316 apartment units nationwide in the 192 complexes supplied from 2000 to 2016. Specifically, this study analyzed the influence of the real estate policy, contract term, location, apartment complex, and unit characteristics on the elapsed time between ownership purchase and resale to a third party. The empirical analysis revealed that the real estate policy and contract term characteristics have a significant effect on the elapsed time between ownership purchase and resale to a third party. Also, this study confirmed that the product characteristics, such as the location and apartment complex and unit characteristics, have an influence on the elapsed time between ownership purchase and resale to a third party.

• Journal of Korea Port Economic Association
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• v.25 no.3
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• pp.165-182
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• 2009

The purpose of this paper is to study on the third party logistics service enforcement of inland container depot at Pusan area. The main results of this paper are as follows: First, the inland container depot related to location selecting factor researches analyzed and korean TPL market reviewed. Second, the TPL service function reinforcement method and investments are mentioned. In detail the 9 factors are as follows: competitive high position and improvements of harbor back complex, ICD goods enterprise investment strategies, the harbor back which is inexpensive only the rent, taxes benefit and incentive, site security and base facility expansion, the goods service provision which is flexible, connection plan construction of goods enterprise, the incentive strategic establishment which is discriminated, the marketing activity which is long-term. and lastly the ICD and TPL Policy are needed that government and logistic enterprise's cooperation gains competitive advantage.

• Korean Journal of Legislative Studies
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• v.24 no.2
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• pp.39-66
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• 2018

This paper analyzes the structures and issues of 2018 Korean local elections based on the author's observations on the electoral processes. Even if this paper does not follow a traditional statistical method, it provides the interpretative meanings of 2018 local elections by utilizing an expert's observations of campaign processes. This result of 2018 election can be summarized into two analytical frames. In terms of electoral competition structure, three key factors, such as presidential approval rating, party competition structure, ideological spectrum, tend to affect the winning of governing party. In the light of election issue, the inter-Korean summit, the Washington-Pyeongyang summit, Incheon deprecating remark were positive to the vote gains of governing party, but the negative campaign, the drucking scandal and the swing voters were found not to be significant. The local election in Korea tends to show dual meanings, a proxy war of national-level politics and a composition process of local government. This paper found that the 2018 election has dual meanings at the same time, in a sense that it is the punishment of the ex-governing party's wrongdoing and the power change of local government.

• The Journal of the Convergence on Culture Technology
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• v.9 no.1
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• pp.161-168
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• 2023

Recently, China-Taiwan relations are facing a crisis, and at the same time, the U.S.-China relationship and the structure of Northeast Asia are greatly shaken, so we should pay attention to changes in cross-strait relations. This study aims to predict how cross-strait relations will change after the party convention by analyzing Xi Jinping's Taiwan policy, focusing on the "Political Report" of the 20th party convention and the content analysis of leadership personnel. The results of the study are as follows. First, as the amendment to the party constitution announced after the closing of the party convention stipulates the possibility of armed invasion, Xi Jinping will implement a tough Taiwan policy emphasizing unification. Second, strategic competition with the United States will continue to intensify in the future when analyzing the contents of Chapters 2, 11, 13, and 14 of the "Political Reporting" and the personnel management of diplomatic and security leadership. As a result, cross-strait relations are expected to show instability for a considerable period of time. Third, at a time when Taiwan rejects the unification plan of "one country, two systems" and the tendency to de-Chineseize is strengthening, there is a possibility that legislation or specific enforcement ordinances will be enacted to strengthen the existing "Anti-Secession Law." Fourth, it is expected that strong and warm two-sided strategies will be used together, such as taking a strong response to external forces interfering with the Taiwan issue and Taiwan independence forces, and using incentives for the Kuomintang(KMT) and Taiwanese who are friendly to unification.