• Journal of Arbitration Studies
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• v.20 no.3
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• pp.47-69
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• 2010

From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.93-119
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• 2016

Park Tae-hwan, the Korean Olympic gold medal swimmer, was suspended for eighteen months by the International Swimming Federation (FINA) in September 2014. Park completed his suspension in March 2016, but the Korea Olympic Committee (KOC), relying on its Article 5.6, then prohibited him from joining the national team for an additional three years for the same doping violation. The KOC's penalty exceeded that provided by the World Anti-Doping Code, which governs the Olympics and most international sports federations, and contravened well-established precedent from the Court of Arbitration for Sport (CAS). The KOC, along with the Korea Swimming Federation, maintained the suspension until decisions by the Seoul Eastern District Court and CAS forced them to retract the penalty. We describe the sports regulations and arbitration decisions governing the Park case, how each side used the law to support their positions, the flaws in the KOC's legal analysis, and the case's resolutions by the Korean court and CAS. Finally, because this legal conflict has damaged the KOC's reputation, created uncertainty over the committee's doping penalties, and undercut the authority of the World Anti-Doping Code and the CAS in Korea, we recommend institutional changes in Korea's sports jurisprudence.

• Journal of the Korean Society of Marine Environment & Safety
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• v.26 no.6
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• pp.624-633
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• 2020

In those day, Incheon and Busan local government are arguing about establishment of a maritime court. This study aims to develop a model that evaluates the priority orders for the establishment of maritime courts using maritime casualties counts based on the integrated ELECTRE-CRITIC-ISM technique, as well as to verify its usefulness in the establishment of maritime courts in Korea. For this purpose, a total of 22 ports, excluding nine ports where maritime accident data were integrated and managed among the 31 international trade ports, were matched with the jurisdiction of six alternative high courts. Second, the CRITIC method was used to calculate the weights of the number of maritime casualties during a 5-year period that were evaluation factors and combine with the ELECTRE method. Finally, the ELECTRE&ISM method was used to analyze the concordance and discordance between high courts and evaluate the priority orders considering the fluctuations of maritime casualties counts. As the final evaluation result considering the mean values in fluctuations of maritime casualties counts, the Busan High Court ranked first, the Gwangju high court second, the Seoul high court third, the Daejeon and the Daegu high court forth (equal), and the Suwon high court sith. Therefore, it is necessary to preferentially establish a maritime court in the jurisdiction of the Busan High Court.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.3-19
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• 2020

With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

• Journal of Research and Publication Ethics
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• v.1 no.1
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• pp.23-28
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• 2020

Purpose: Focusing on Supreme Court precedents, we intend to establish criteria for judging research misconduct. Research design, data and methodology: In addition, I would like to propose the criteria for judging research misconduct by the KODISA, which applies the court's standards well in practice, and guidelines for preventing research misconduct. Research design, data and methodology: After classifying the case of research misconduct into six cases, the court's judgment and practical application will be reviewed. Results: First, research misconduct that has passed the disciplinary prescription can be punished. This is because the state of illegality continues to this day. Second, even if there were no punishment regulations at the time of research misconduct, it can be retroactively punished with the current punishment regulations. This is because research ethics is a universal and common standard and does not change. Third, if there is a fact that infringes on intellectual property rights, it is presumed unwritten intentions. Therefore, the act of taking and using the work of another person without permission or proper citation procedure, even if it is unintentional and for the public interest, is a research misconduct. Fourth, if there is an inappropriate citation notation, the intention of research misconduct is presumed. It is the judgment of the court that even if a quotation is marked, if it is incomplete, it is recognized as plagiarism. Fifth, if the author uses the work of another person without proper source indication, it is plagiarism even if the other person who owns the copyright agrees to it. The understanding or consent of some parties does not justify research misconduct in violation of public trust. Sixth, it is a research misconduct to create a new work without citations for one's previous work. In addition, even if there is a citation, if the subsequent writing is not original, it is a research misconduct. Conclusions: Academia should clarify the scope of research misconduct by referring to the Research Ethics Regulations of KODISA, and deal with research results that lack the value as creative works similar to those of research misconduct.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.55-84
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• 2005

The arbitral award is the decision of the arbitrators on the dispute that had been submitted to them by the parties, either under the arbitration clause providing for the determination of future disputes or under submission of an existing controversy. The arbitral award has the same effect between the parties as a final and binding court judgment. The arbitration award shall acquire, as soon as it is given and delivered to each parties, the authority of res judicata in respect of the dispute it settles. The validity of an award is a condition precent for its recognition or enforcement. The validity of an award depends on the provisions of the arbitration agreement including any arbitration rules incorporated in it, and the law which is applicable to the arbitration proceedings. Such provisions usually address both the form and the content of the award. As the 'form', requires article 32 of Arbitration Act of Korea that an arbitral award should, at least, (1) be made in writing and be signed by all arbitrators. (2) state the reasons upon which it is based unless the parties have agreed that it should not, (3) state its date and place of arbitration. There are some further requirement which may have to be observed before an award which has been made by a tribunal can be enforced. (4) The duly authenticated award signed by the arbitrators shall be delivered to each of the parties and the original award shall be sent to and deposited with the competent court, accompanied by a document verifying such delivery. This rule can be interpreted as if the deposit of an arbitral award with the competent court is always required as a condition for its validity or as a preliminary to its enforcement in Korea. However, we must regard this rule which requires the deposit of an arbitral award with court, as rule of order, but not as condition of its validity. Because that the date on which the award is delivered to each party is important as it will generally determine the commencement of time limits for the making of any appeal which may be available. Furthermore, the party applying for recognition or enforcement merely has to supply the appropriate court with the duly authenticated original award or a duly certified copy thereof, not any document which proves that an the arbitral award is sent to and deposited with the competent court. In order to avoid some confusion which can be caused by its interpretation and application, the Article 32 (4) of Arbitration Act of Korea needs to be abolished or at least modified.

• Journal of the Korea Society of Computer and Information
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• v.26 no.10
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• pp.147-155
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• 2021

If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

• Journal of the Korean housing association
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• v.17 no.5
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• pp.107-116
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• 2006

This study was to figure out the design characteristics of court housing type for the purpose of searching for the possibility of applying it to the housing design in Korea. In spite of changes of housing design condition in Korea, especially steep increase in density, there have been changes only in the height of housing block, not in the housing types, layout, spatial organization and other design properties. Due to such a situation, housing in Korea has been criticised as too high, monotonous one - especially types of housing block tend to be fixed into a slab block and a point block. As one of the alternatives to respond to the criticism, this study focused on the positive aspects of the court housing type, and suggested the design direction throughout the analysis of 8 entries in the design competition of EunPyeong New Town, which attempted to overcome the negative problems - mainly the daylighting, orientation, and privacy - and tried to maximize the positive properties of this type of housing.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.61-86
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• 2011

Korea Supreme Court has given thirty-nine time's judgments on enforcement of Arbitral awards for thirty-six arbitration cases and made four time's decision on the arbitration cases since Korea arbitration act was enacted in 1966. Most of the arbitration cases appealed to the Supreme Court was to obtain the recognition and enforcement of arbitral awards or to set aside the arbitral awards according to the Korea arbitration Act article 36 and article 37, by reason of (a) a party to the arbitration agreement was under some incapacity under the law applicable to him or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, (b) a party making the application was not given proper notice of the appointment of the arbitrator or arbitrators or of the arbitral proceedings or was otherwise unable to present his case (c) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, 5 cases of these arbitral awards were refused to obtain the enforcement of Arbitral awards and have been cancelled finally by the Supreme Court only by the New York Convention of 1958.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.121-144
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• 2007

The International Chamber of Commerce has been the world's leading organization in the field of international commercial dispute resolution. Established in 1923 as the arbitration body of ICC, the International Court of Arbitration has pioneered international commercial arbitration as it is known today. The ICC International Court of Arbitration is the world's foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. The purpose of this paper is to examine their advantages and to introduce main contents provided in ICC Rules of Arbitration as follows; First, before the actual merits of the case can be addressed, the Arbitral Tribunal must first draw up the Terms of Reference. The Terms of Reference should include the particulars listed in the ICC Rules. Apart from the full names and description of the parties and arbitrators, the place of arbitration and a summary of the parties' respective claims, they contain particulars concerning the applicable procedural rules and any other provisions required to make the Award enforceable at law Second, the Scrutiny is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules. The scrutiny system has two aspects ; the first is to identify or modify the defects of form, while the second is to draw the arbitrators' attention to points of substance. Third, as soon as practicable, the Court fixes an advance on costs intended to cover the estimated fees and expenses of the arbitrators, as well as the administrative expenses of ICC. Specially, the advance on costs fixed by the Court shall be payable in equal shares by the Claimant and Respondent. Finally, the parties are also free to select the arbitrator or arbitrators of their choice. The Court or the Secretary General confirms arbitrators nominated by the parties. Taking a step forward, to upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the main contents of the ICC Arbitration into Korea Commercial Arbitration Rules.