• 한국중재학회지:중재연구
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• 제18권3호
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• pp.3-22
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• 2008

The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

• 동남아시아연구
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• 제23권1호
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• pp.195-234
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• 2013

Javanese culture has been perceived as peace-oriented and conflict-avoiding in both academic studies and local people's discourses, and this perception has been crystallized in the "rukun model" for understanding Javanese culture. But in reality, although the rukun values have been internalized in Javanese mindset, violence has never ceased in Javanese society and even seems more widespread in the Indonesian reform era. Based on this understanding, this paper reveals the limitations of peace-oriented rukun model which cannot explain conflict and violence, and instead suggests an alternative "territorial model" which can involve both peace and conflict. For that purpose, the author examines aspects of territoriality embedded in three components of Javanese villages: people, territory, and adat, and argues that territoriality works as the principle of organizing and managing Javanese society, as shown in their social stratum and various cultural practices as well as the way morality and justice are defined. By theorization of territorial model, we can understand rukun values and adat from a new perspective and thus achieve a more complete understanding of Javanese culture.

• Journal of Korea Trade
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• 제24권2호
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• pp.15-30
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• 2020

Purpose - This paper investigates the theories and practices of Most-Favored-Nation (MFN) clauses. The MFN clause became a controversial issue during the past two decades, especially in the context of investment arbitration. This paper aims to clarify a reasonable way to apply MFN clauses. It in particular focuses on the territoriality requirements and the scope of investment activity which are common features included in most of investment treaties. Design/methodology - This paper analyses two investment arbitration cases, Ansung Housing and Beijing Urban Construction. Through the case study, this paper reveals limitations of the currently dominant views on the operation of MFN clauses. It then tries to reconstruct the system of MFN application within the relevant arbitration principles. Findings - Tribunals of recent investment arbitration as represented in the two cases above employed strict literal interpretation of the treaty provisions, especially of the phrase "in its territory". This paper finds a more functional interpretation is appropriate and consistent with theories of public international law and developments of global economy. Originality/value - Existing studies either stuck to literal interpretation or suggested more flexible interpretation of the phrase "in its territory" without full explanation. This paper tries to fill the gap in the existing discussion by analyzing legal foundations and theoretical structure for an effective interpretation of MFN clauses.

• 한국농촌건축학회논문집
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• 제18권2호
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• pp.47-54
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• 2016

The objective of this study is to propose the principle and method of the spatial system modification for the compatibility of habitability and tourism convenience in cultural property villages. Based on the field survey on tourists' routes, activities and their durations in Oeam-maeul, the problems of conflict, between habitability/residents and tourism/tourists, and their causes are analyzed. And the modification principle and method of spatial system is proposed as follows; The basic principle of the spatial system modification is to respect the traditional hierarchy in village roads, between the main road and sub-roads, and the territoriality of settlement space that is typically differentiated as the social, individual, and ceremonial domains, from the front to rear part of settlement. With this principle, it is recommended to restrict the tour route to one that is composed of the main road and the periphery road of housing area, and some connecting sub-roads. based on the surveyed tourists's routes. And it is suggested that the tourist facilities, whether they are existing houses or newly built buildings, and the tourist programs are necessary for experience tourism to cultural property villages, and they are proposed to be placed along the restricted tour route.

• 한국중재학회지:중재연구
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• 제14권2호
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• 건축역사연구
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• 제8권4호
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• pp.39-62
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• 1999

Basic concept of this study is that architectural form as a material at present has meaning for the dweller's life on the past historical plane. Main method to recover history is ethnographic interview to dwellers. Secondary method is to analyze ancestors' writings, buildings in the background of the family photos, and past drawings and then to relate them with architectural form at present. Taxonomy is a starting point: general name of the building by outside researcher is quite different from it by inside dwellers. 'Haengrang-chae', servant quarter, has never been used for servants. Function of the haengrang went outside thatched houses at the front village. Firsthand observation or simple analyses as results of several precedent research are reexamined and criticized through this study. The mansion has moaning when we synthesize with the site location based on farming land and tenant farmer, and decline of the Kyongpo Lake. Territoriality of the mansion is reinterpreted to 'In-Out Structure' by Yin-Yang thinking, Dwellers extend buildings gradually to outside village, surrounding rear hills, the lake, DongHae Sea, and finally goes to imaginative Taoist heaven beyond real nature through the literary life. Confucius principle, known to govern upper class house at Yi Dynasty also affect general composition of the buildings: perpetuation of the family by ancestor worship, elder dominance and male dominance, fraternity love in the extended family, charity display by reception of guests, Taoist scholarly life harmonized with nature. However, the study of the particular life and usage of the dwellers reinforces or corrects general supposition of precedent researches. Unique shape of the house has been formed by convenience of the dwellers' life style, early modernized free thought over the rigid Confucius design principle, and female power in male dominant society.

• 한국중재학회지:중재연구
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• 제17권2호
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• pp.71-100
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• 2007

To promote the way of resolving the increasing disputes regarding international intellectual property by arbitration, we should overcome uncertainty thwarting the dispute resolution; i.e., whether a dispute regarding intellectual property would be an arbitrable subject, whether the arbitration agreement would be valid and enforceable, and whether the arbitral award could be recognized and enforced in a foreign country. This article is intended to seek how to promote and facilitate the resolution of international disputes regarding intellectual property by arbitration. This article in Chapter II will examine the characteristics of the IP disputes first. Chapter III of this article will study arbitrability of IP disputes. Then, Chapter IV will discuss the requirements, validity, and effectiveness of arbitration agreement of international IP disputes. The author will discuss the procedure of arbitration of the international IP disputes in Chapter V, and finally the recognition and enforcement of foreign arbitral awards thereon in Chapter VI. Due to the so called 'territoriality principle' in intellectual property, the international disputes thereof confront numerous procedural setback, e.g., jurisdiction, conflict of laws, the recognition and enforcement of foreign judgments or awards. To overcome such setbacks, I propose resolution of international IP disputes by one-step arbitration procedure through widely recognizing the arbitrability of IP disputes, and utilizing unnational nature of arbitration. In addition, I propose to set up the principles as to arbitration of the international IP disputes as the American Law Institute has formulated the principles for International Intellectual Property Litigations. By setting up these principles, I am certain it will be helpful to just and prompt resolution of international IP disputes which occur more frequently these days.

• 시큐리티연구
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• 제29호
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• pp.223-249
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• 2011

현대사회에서 시민들의 안전과 삶의 질적 측면을 적극 고려하는 범죄예방활동은 범죄의 발생을 사전에 방지하고, 효과적인 범죄예방 전략을 통해 사회구성원들의 관심을 이끌어내고 가치를 부여하는 것이 상당히 중요하다고 할 수 있다. 범죄예방을 위한 정책과 기법들은 시간이 흐를수록 보다 과학적이고 최첨단적인 방법으로 이루어지고 있다. 특히 오늘날 대표적인 범죄예방의 최첨단 전략이 민간경비영역에 많이 도입되고 있다. 그러나 민간경비에 첨단기술이 많아지면서 비용이 상승하고 투자대비 효과에 대한 의문도 일부 제기되고 있다. 이러한 현실을 극복하기 위한 방법 중 하나가 환경설계를 통한 범죄예방(CPTED) 전략이다. 이는 적은 비용으로 범죄를 예방할 수 있도록 주위의 환경을 개선하는 것으로 자연적 감시원리, 접근통제, 영역성, 감시강화 활동의 지원, 유지 및 관리의 원리를 강조하는 다각적인 범죄예방 접근이라고 할 수 있다. 범죄예방과 관련된 방어공간의 영역설정은 민간경비와 CPTED의 영역과 활동의 영역을 결정지으며, 현실적으로 범죄에 대한 예방과 방어공간을 고려해야 한다. 범죄의 사전적 예방이 강조되고 있는 현대사회에서 범죄예방을 위한 접근 시각과 방법을 달리하는 민간경비와 CPTED의 이질적인 측면과 기술적이고 전문적인 영역에서 어느 정도 중첩이 되는 동질적인 측면이 있으며, 궁극적으로는 범죄에 대한 공간과 환경적인 접근을 통해 예방을 하는 것이다. 이러한 민간경비와 CPTED는 범죄예방활동과 관련해서 범죄가 발생할 수 있는 기회를 감소시키기 위한 공간적인 시각과 다각적인 접근을 의미하고, 특정행동에 해당하는 범행과 그 기회를 억제하거나 유인하기 위한 범죄예방 정책이라 할 수 있다. 결국, 범죄의 사전적 예방이 강조되고 이와 관련된 전략이 요구되는 가운데 민간경비와 CPTED의 상호의존성과 관련하여 다음과 같은 사항을 고려해야 한다. 첫째, 범죄예방에 대한 접근 방법과 주체 그리고 규모의 다양성, 둘째, 민간경비와 CPTED의 특성과 한계를 고려한 영역 설정, 셋째, 상호의존적인 민간경비의 첨단적이고 과학적인 발전과 범죄예방에 대한 CPTED의 방어공간영역을 전문적으로 연구하여 접목하는 것이 바람직할 것이다.