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Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Study on the Consolidated Arbitration of Multi-party Dispute (다수당사자분쟁의 해결방안으로서 중재병합에 관한 고찰)

  • Yun, Sung-Min
    • Korea Trade Review
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    • v.43 no.1
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    • pp.25-45
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    • 2018
  • International commercial arbitration is an inseparable part of today's international commerce. International transactions are becoming increasingly complex. Problems brought by multi-party and multi-contract arbitration pose problems for traditional arbitration systems. The Korean Commercial Arbitration Board(KCAB) has released updated International Arbitration Rules(2016 Rules) and has adopted innovations similar to those introduced in the rules of major international arbitration institutions in recent years. The changes in the 2016 Rules are intended to increase the efficiency of the arbitral process, and introduce the process for consolidation of claims. For international commerce contracts, it would be appropriate, and necessary, to adopt a multi-party arbitration clause, as consolidated arbitration provides effective resolutions for multi-party disputes.

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Evaluation of the Recognition and Taste of Table Settings According to an Objective Party (모임별 상차림에 대한 인식도 및 기호도 조사)

  • Kim, Su-In;Park, Yeon-Jin
    • Journal of the Korean Society of Food Culture
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    • v.24 no.1
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    • pp.23-32
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    • 2009
  • This study was conducted to generate fundamental data required by food coordinators and food space creators for planning and directing table settings. The results of this study were then used to suggest an ideal model of table settings for Korean-style food equipped with simple, sophisticated, and practical characteristics. Specifically, this study evaluated the importance of hygiene (safety, cleanness, arrangement), decoration (dignity, form, stylishness, presentation of food on plates), naturalness (seasonal beauty, comfortableness, natural beauty), and modernity (modern style, chic style, urban style). These factors were evaluated according to the preference of the table setting and the characteristics of the meeting, which fit various meal cultures, times, places, and objectives. The results of this study indicate that people prefer hygiene and decoration for family meetings (bansang setting), hygiene and modernity for friendly meetings (simple buffet setting), hygiene and decoration for company meetings (simple buffet setting), and hygiene and decoration for academic meetings (tea party). Hygiene and decoration were highly evaluated in most cases, which indicates that individuals at meetings for special purposes give weight to the meeting's atmosphere, but also consider the hygiene and cleanliness of the food.

The Effect of Service Quality of Farm Party on Cognitive and Emotional Images of the Farmhouse and Revisit Intention (팜파티 서비스 품질이 팜파티 농가의 인지적 이미지와 정서적 이미지, 재방문 의도에 미치는 영향)

  • Kim, Na-Hyung;Kwon, Ki-Joon
    • The Journal of the Korea Contents Association
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    • v.17 no.10
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    • pp.72-84
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    • 2017
  • This study aims to investigate how the service quality of a farm party affects the cognitive and emotional images of the farmhouse and revisit intentions by designing a research model and testing hypotheses. First, findings of the test show that when it comes to service quality, the physical environment and program contents of farm party have an effect on the cognitive image of the farmhouse while the qualification of party operators does not. Second, the physical environment of the party and party operator's qualification affect the emotional image but the program contents has no effect. Third, The cognitive and emotional images have an effect on the revisit intentions. It is certain that the farm party serves as cultural contents facilitating the rural economy and an emerging business model in the rural tourism. When we approach the farm party as a business model to provide service, not cultural contents as party, however, farmhouses may build a positive image as a new tourist destination and also see their economy facilitated. This study looks into Seoul and Gyeonggi areas and thus is geographically limited and does not cover national phenomenon.

Development of Third-Party Damage Monitoring System for Natural Gas Pipeline

  • Shin, Seung-Mok;Suh, Jin-Ho;Im, Jae-Sung;Kim, Sang-Bong;Yoo, Hui-Ryong
    • Journal of Mechanical Science and Technology
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    • v.17 no.10
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    • pp.1423-1430
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    • 2003
  • In this paper, we develop a real time monitoring system to detect third-party damage on natural gas pipeline. When the damage due to third-party incidents causes an immediate rupture, the developed on-line monitoring system can help reducing the sequences of event at once. Moreover, since many third-party incidents cause damage that does not lead to immediate rupture but can grow with time, the developed on-line monitoring system can execute a significant role in reducing many third-party damage incidents. Also, when the damage is given at a point on natural gas pipeline, the acoustic wave is propagated very fast about 421.3 m/s. Therefore, the data processing time should be very short in order to detect precisely the impact position. Generally, the pipeline is laid under ground or sea and the length is very long. So a wireless data communication method is recommendable and the sensing positions are limited by laid circumstance and setting cost of sensors. The calculation and monitoring software is developed by an algorithm using the propagation speed of acoustic wave and data base system based on wireless communication and DSP systems. The developed monitoring system is examined by field testing at Balan pilot plant, KOGAS being done in order to demonstrate its validity through reactive detection of third-party contact with pipelines. Furthermore, the development system was set at the practical pipelines such as an offshore pipeline between two islands Yul-Do and Youngjong-Do, and a land branch of Pyoungtaek, Korea and it has been operating in real time.

A Quantitative Analysis on the Effect of 155M Artillery Ammunition Procurement from Third Party Countries in the Wartime (전시 155밀리 포병탄약에 대한 제 3국 조달의 계량적 효과분석)

  • Lee, Sang-Jin;Bak, Sang-Hyeon
    • Journal of the military operations research society of Korea
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    • v.37 no.1
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    • pp.11-25
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    • 2011
  • This study analyzes the quantitaive effect of 155M artillery ammunition procurement from third party countries in the wartime using simulation. First, we study the concept of ammunition supply, procurement plan, transportation plan in the wartime and logistics support from third party countries. We then study the ammunition support possibility from third party countries. Secondly, we make a basic model on the sea-lift from Korea to U.S in the wartime using simulation followed by making comparative models on the sea-lift from Korea to U.S and third party countries. Finally, we analyze models on the completion date of ammunition transportation and the ammunition amount of each operation step. We then execute the sensitivity analysis on the ammunition amount from third party countries. In cocclusion, ammunition prcurement from third party countreis more supply 10% than basic model.

Development of Fiber Optic Accelerometer for Third-Party Damage Detection (타공사 감시를 위한 광섬유 가속도계의 개발)

  • Park, Ho-Rim;Choe, Jae-Bung;Kim, Yeong-Jin
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.25 no.10
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    • pp.1551-1558
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    • 2001
  • Recently, a number of underground pipelines have been drastically increased. The integrity of these buried pipelines, especially gas transmitting pipelines, is of importance due to an explosive characteristic of natural gas. The third party damage is known as one of the most critical factor which causes fatal accidents. For this reason, a number of systems detecting third party damage are under development. The major concern in the development of third party damage detection system is to transmit vibration signals out of accelerometer to signal conditioner and data acquisition system without any interference caused by noise. The objective of this paper is to develope a fiber optic accelerometer applicable to third party damage detection system. A fiber optic accelerometer was developed by use of combining principles of one degree of freedom vibration model and an extrinsic Fabry-Perot interferometer. The developed fiber optic accelerometer was designed to perform with a sensitivity of 0.06mVg, a frequency range of less than 6kHz and an amplitude range of -200g to 200g. The developed, accelerometer was compared with a piezoelectric accelerometer and calibrated. In order to verify the developed accelerometer, the field experiment was performed. From the field experiment, vibration signals and the location of impact were successfully detected. The developed accelerometer is expected to be used for the third party damage detection system which requires long distance transmission of signals.

Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.3-32
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    • 2008
  • In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

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Analysis of a Third-Party Application for Mobile Forensic Investigation

  • Ryu, Jung Hyun;Kim, Nam Yong;Kwon, Byoung Wook;Suk, Sang Ki;Park, Jin Ho;Park, Jong Hyuk
    • Journal of Information Processing Systems
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    • v.14 no.3
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    • pp.680-693
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    • 2018
  • Nowadays, third-party applications form an important part of the mobile environment, and social networking applications in particular can leave a variety of user footprints compared to other applications. Digital forensics of mobile third-party applications can provide important evidence to forensics investigators. However, most mobile operating systems are now updated on a frequent basis, and developers are constantly releasing new versions of them. For these reasons, forensic investigators experience difficulties in finding the locations and meanings of data during digital investigations. Therefore, this paper presents scenario-based methods of forensic analysis for a specific third-party social networking service application on a specific mobile device. When applied to certain third-party applications, digital forensics can provide forensic investigators with useful data for the investigation process. The main purpose of the forensic analysis proposed in the present paper is to determine whether the general use of third-party applications leaves data in the mobile internal storage of mobile devices and whether such data are meaningful for forensic purposes.

A Study on the Third Party Incorporation of Arbitration Clause in China Maritime Disputes (중국해사분쟁에서 중재조항의 제3자 편입에 관한 연구)

  • Kim, Sung-Ryong;Hwang, Uk;Hwang, Seok-Joon;Tian, Peng
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.153-172
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    • 2018
  • In solving international commercial disputes, arbitration has a unique advantage. Therefore, when most parties sign a charter party, they contain arbitration clauses. Whether the arbitration clause in the charter party can be effectively incorporated into the bill of lading and bind to the third party-bill holder becomes an important issue. Based on the problem above, this paper compares the arbitration system between Korea and China, and discusses the composition of the Chinese Maritime Court and the Chinese court's adjudication of arbitration for foreign countries, which are recognized and enforced in China. What is most important in this study is observing the Chinese case from the beginning of 2000 to the present in order to rule whether the Chinese court can effectively incorporate the arbitration clause in the charter party into the bill of lading, as well as whether it constitutes an effective binding force for third parties and changes in standard of recognition. Finally, through comparative analysis, the study concludes that in China, the arbitration clause in the charter party can be effectively incorporated into the bill of lading, and that the conditions for the third parties can be effectively restrained. There must be several points to be noted when recording the bill of lading. This would then help reduce the legal risks and promote the sustainable development of international transactions.