• Journal of the Society of Naval Architects of Korea
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• v.42 no.4 s.142
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• pp.299-306
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• 2005

To determine a guidance law which is suitable for Target Tracking System(TTS) of an underwater vehicle, the performance (hitting probability) of TTS were calculated with four different guidance schemes, considering underwater vehicle's manoeuvrability and characteristics of seeking equipment such as sonar To evaluate the performance of TTS with each guidance law, numerous target-tracking simulations of underwater vehicle were performed under the condition of target's various motion scenario. Furthermore, the effect of sonar characteristics to the performance of guidance law in TTS was studied by changing parameters of sonar such as frequency of ping and detecting error of target. The pursuit-tail guidance law showed the best performance among four different guidance laws. Complex motion of target from straight line to turning circle and zigzag movement, low frequency of sonar ping and large detecting error of target decreased the hitting probability.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.267-301
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• 2005

Following the increased economic corporations between the South and North Korea, many companies participate the corporation program. They needs insurance policy as a scheme for the transfer of risk from those individual company to it to an insurer. This paper review the possibility of the North Korea insurance authorities and research the origin, history, structure and context of the North Korea insurance law. The North Korea Insurance law differ from the South Korea and China's. North Korea Insurance authority has not capability of doing insurance business both side of underwriting and indemnity. Partly, it caused the uncertainty, insufficient and vague of the insurance law. The writer conclude that the North Korea insurance law faced to the needs of modernization. Especially, the Gyesung Industrial Complex Insurance Regulation couldn't cover the investor and company's risk because it is not based on the nature and basic principles of insurance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.207-229
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• 2012

In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

• International Commerce and Information Review
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• v.8 no.1
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.215-232
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• 2005

China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

• Analyses & Alternatives
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• v.4 no.1
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• pp.89-103
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• 2020

The "rule of law" decision of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposes to build a strict supervision system of the rule of law. The reform of the national supervision system launched in 2016 can be described as an important measure to build such a system. The supervision and supervision system has gradually become the core system of the rule of law supervision system. Its full coverage of supervision of public officials is conducive to preventing corruption of public power and achieving the ultimate goal of supervision by the rule of law. The supervision mechanism in the supervision system under the rule of law requires systemic thinking to realize the effective supervision of public officials of the state power organs, as well as the constraints and supervision of other supervision systems, including the supervision of the People's Congress; Supervision is a full-coverage supervision, and other rules of law supervision systems are also full-coverage supervision systems within their scope of competence. Therefore, gradually exploring and constructing an external supervision system for supervision will be conducive to the optimization and eventual completion of the rule of law supervision system.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.29-49
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• 2021

The Chinese Arbitration Law came into force in 1995 and has been implemented for 26 years. As a party to the New York Convention, there are many contradictions and conflicts between the Chinese Arbitration Law and the New York Convention on the issue of ad hoc arbitration, and this institutional disconnection can bring about problems such as misalignment of arbitration powers. On July 30, 2021, China's Ministry of Justice published a draft of the revised Arbitration Law for public consultation, and the draft has generated a lively debate among the public. This article explores the reasonable and inadequate points of the draft of Arbitration Law in light of the recent trends in the use of commercial arbitration in China, the COVID-19, the Free Trade Zone, and the relationship between the Civil Code and the Arbitration Law.

• Land and Housing Review
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• v.9 no.4
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• pp.1-9
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• 2018

Since year 2000, French housing and rent prices rose at a rapid rate and the housing market has been overheated. Face to this phenomena, the French government enacted a new law Alur which is a legislatif tool to control the private housing rent price for the cities, where the tension of the housing market is very high. This new law has impacted the housing market in two major ways. First, for the 38 cities designated by this law, the rent price's increase rate can not rise above the IRL, which is the rent reference index. Secondly, this law also permits local authorities to control the housing rent's price following the concrete price guidance. Especially in Paris, the city applicated this method for private rental housing since 2015. This city classified its own area by 14 zones. Based on the market surveys of each sector, local authority made a guidance for private housing rent's price. The guideline is consisted of average prices, maxima and minima price by types, which is classified by the construction year, number of rooms and furnished or not. Therefore, this study aims to understand french housing rent's price control system and draw implementation for korean housing rent policies. This research is meaningful for it introduces recent foreign regislations which could be helpful to control the housing market in Korea.

• Journal of radiological science and technology
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• v.44 no.5
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• pp.435-441
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• 2021

The purpose of this study was to evaluate the quality of images and to quantitatively measure and analyze the dose of scattered ray to the organs, which were highly sensitive to radiation according to the use of cylinder cone in mastoid process radiography. When the cylinder cone was not used, the SID was 100cm and the field size was 24 × 36 cm(864 cm²). When using the cylinder cone which was a circle, the SID was 70 cm, the radius was 10.5 cm and field size was 86.59 cm². As a result of the study, SNR of the image quality evaluation was measured to be 2.58 for Law method and 3.90 for Stenver's method when not using cylinder cone, and 2.87 for Law method and 14.67 for Stenver's method when using cylinder cone. CNR was measured to be 0.03 for Law method and 0.04 for Stenver's method when cylinder cone was not used, and 0.04 for Law method and 0.05 for Stenver's method when using cylinder cone. When the cylinder cone was not used, the scattered ray dose was measured to be 0.10 mGy in the right eyeball, 0.30 mGy in the left eyeball, 2.02 mGy in the parotid gland, and 0.29 mGy in the thyroid gland for Law method and to be 0.03 mGy in the right eyeball, 0.12 mGy in the left eyeball, 1.43 mGy in the parotid gland, and 0.09 mGy in the thyroid gland for Stenver's method. When the cylinder cone was used, the scattered ray dose was measured to be 0.05 mGy in the right eyeball, 0.03 mGy in the left eyeball and the parotid and thyroid gland were below the measurable values for Law method and all areas were below the measurable values for Stenver's method. This was found to be statistically significant(p<0.000).

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.