• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Journal of Distribution Science
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• v.21 no.3
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• pp.71-82
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• 2023

Purpose: This study examines the distribution of income diversification in improving the financial sustainability of private universities amidst difficulties in operational funding during the Covid-19 pandemic with IT Capability moderation. Research design, data and methodology: Closed survey aimed at 468 financial sector leaders from 189 private universities in ten provinces in Indonesia. Results: All income diversification activity variables have a significant positive effect on financial sustainability. In the analysis of liquidity indicators, there are two activities that have a significant positive effect, namely goods and services (β=0.337) and profitable financial management (β=0.124). Furthermore, the results of the solvency indicator test obtained significant positive results in Goods and Services Activities (β=0.337), Commercial Intellectuals (β=0.161), Commercial Contracts (β=0.103), and Profitable Financial Management (β=0.147). The results of the test of higher education growth indicators on three activities have a significant positive effect, namely Goods and Services (β = 0.290), Endowments (β = 0.158), and Commercial Contracts (β = 0.134). The results of the moderation test conclude that IT Capability strengthens the effect of income diversification on financial sustainability. Conclusion: The results of the study as a recommendation for private universities in developing income diversification with information system technology-based management.

• Korea Trade Review
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• v.45 no.5
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• Korean Journal of Construction Engineering and Management
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• v.17 no.5
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• pp.97-107
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• 2016

CM services have been focused on the advancement of the CM industry and expansion to overseas market based on CM capabilities. However, there has been lack of quantitative and comprehensive research to investigate current CM trends and prospects for improving competitiveness. In this sense, the purpose of this study is to statistically analyze total of 3,453 CM service contracts over the past 18 years (between 1997 and 2014) in term of market type, contract size, owner's type, commodity type. Finding of this research reveal that 1) compared to 2005, CM market size in 2015 increased as much as 2.5 times, and that 2) domestic CM projects count for 87.5%, architectural project 88.4%, less than 1 billion won small contracts 75%, respectively. Also, recently as CM company are developing capability and competitiveness, 1) overseas CM market share has grown up to 20% among total CM contract amount, and 2) CM contracts by private owners has increased 3 times demanding the total management services based on high technical capability. Additionally, the result of this paper supports the growth path model proposed by Jung et al. (2014), where a path from Domestic Public (DP3) and Domestic Private (DC2) CM projects towards the expansion to International Private (IC5) contracts was quantitatively analyzed. Implications for other practical issues are also briefly discussed.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.173-198
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• 2004

Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.121-139
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• 2009

In this rapidly changing knowledge-based society, technology is regarded as one of critical factors for competitive edge and sustainable growth. Therefore, most of countries in the world have strengthened their efforts to promote industrial technology innovation and development. In Korea, KIAT(Korea Institute for Advancement of Technology) newly established m May 2009 as a quasi-government institute with the integration of six organizations including KTTC(Korea Technology Transfer Center) has played a crucial role in transferring and commercializing industrial technologies between public and private sectors. Generally, technology transfer and commercialization have been conducted by the contracts which are very detailed, complex and diverse. To solve any disputes and controversies between the parties, it is essential to make a prior agreement on the amicable settlement by the use of Arbitration Clause. By reviewing the characteristics, process, current situation and model contracts of domestic technology transfer in Korea, it is quite recommend for arbitration-related organizations such as KCAB(Korean Commercial Arbitration Board) to foster the strong campaign for the popular use of Arbitration Clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby promoting the technology transfer and commercialization in Korea.

• Journal of Technology Innovation
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• v.10 no.2
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• pp.19-44
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• 2002

All over the world, the attention on the exploitation of public research, which is mainly implemented by technology transfer, has increased in recent years. Licensing, which is one of representative mechanisms for public-to-private technology transfer, is accompanied by the frequent conflicts in negotiating a license payment between public research institutes (PRIs) and private firms. In spite of the body of literature on technology transfer in a licensing context, it focuses on contracts between private firms. Even the existing literature, which addresses public-to-private technology transfer through licensing, to our knowledge, has not yet formalized an established licensing model. This paper develops a mathematical model of public-to-private licensing, not hitherto tried by academics. The model addresses important issues to be applied comprehensively in licensing practice, such as determining a royalty rate, balancing between an initial payment and a running royalty, designing an inventor's incentive system, and setting a minimum payment as a screening criterion. The paper also provides reasonable management implications to controversial issues in technology transfer from PRIs to private firms, partly employing the comparative analysis between current stylized licensing practice and the one suggested in the model. We hope that study contributes to providing the foundation on which the theory on public-to-private licensing would extend to an in-depth level.

• The Korean Society of Law and Medicine
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• v.22 no.2
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• pp.81-109
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• 2021

This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.49 no.4
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• pp.343-354
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• 2021

The purpose of this study is to contribute to an understanding of the policy instruments used by the public sector to ensure cooperation with the private sector in the delivery of space policy. Despite the importance of public and private partnership in recent years, there has been a lack of research on policy instruments. This study categorized 16 policy instruments into 4 types: purchase contracts, capital subsidies, research and development support and input subsidies. In addition, 5 cases of public private partnership in the United State, Europe and Japan were studied to explore policy implications to strength industrial competition.