• Title/Summary/Keyword: the first settle

Search Result 154, Processing Time 0.023 seconds

A Study on Settlement of Commercial Disputes between the South and the North of Korea (남북한 상사분쟁의 해결에 관한 연구)

  • Kim Sang-Ho
    • Journal of Arbitration Studies
    • /
    • v.16 no.2
    • /
    • pp.3-49
    • /
    • 2006
  • The purpose of this paper is to make research on the settlement mechanism of the commercial disputes between the South and the North of Korea. Also, this paper is to make research on the south-north Korea's cooperative tasks to promote the disputes settlement, including the operation and management of the South-North Arbitration Commission as well as the enactment of the South-North Arbitration Rules. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the Authorities concerned of the South and the North of Korea have reached an agreement titled 'Agreement on Settlement Procedure of Commercial Disputes' on December of the same year. As the follow-up measures of the said Agreement, the South-North Authorities have signed an another agreement called 'Agreement on Organization and Administration of the South-North Arbitration Commission' on October, 2003, which is becoming vital importance for settlement of the commercial disputes between south and north Korea including the Gaeseong Industrial Complex. Gaeseong, a city surrounded by the North Korean military and a symbol of inter-Korean tensions, is now turning into a peace zone where thousands of North and South Koreans are working side by side. The Gaeseong Industrial Complex project, driven by the logic and economic necessity of cooperation, has been steadily moving forward since the North designated it as a special economic zone and has enacted related laws and regulations for its development. Under the situation, the matter of primary concern is how to organize and conduct the Arbitration Commission for the prompt and effective settlement of the south-north commercial disputes. First of all, the South-North Authorities should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and mediation to be made by the Arbitration Commission would promote the orderly growth and encouragement of the south-north trade and investment. In this connection, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral institution of the south Korean side under the Agreement on Organization and Administration of the South-North Arbitration Commission. The KCAB is the only authorized arbitral organization in South Korea to settle all kinds of commercial disputes at home and abroad.

  • PDF

Evaluation and Future Tasks of the Korea-China Fisheries Agreement (한.중어업협정의 평가 및 향후과제)

  • 박재영;최종화
    • The Journal of Fisheries Business Administration
    • /
    • v.31 no.2
    • /
    • pp.67-91
    • /
    • 2000
  • Fisheries Agreements among Korea, China, and Japan, for the effective management of fisheries resources and protection of fisheries disputes, have been processed in a manner to conclude interim arrangements those are effective prior to the final demarcation of the maritime delimitation which often requires much time to settle among the relevant states, Based on this understanding, Korea, China, and Japan, had proceeded their mutual fisheries agreement ; and, two fisheries agreements, between Korea-Japan and China-Japan, have already entered into force on 22 January 1999 and on 1 June 2000, respectively. Lastly fisheries negotiation between Korea and China has been concluded in order to make it effective on 30 June 2001. As Korean fisheries have already experienced the impacts after the entry into force of Korea-Japan Fisheries Agreement, it is inevitable that the likewise will also be true for the Korea-china Fisheries Agreement. The results of fisheries negotiation should minimize the loss by ensuring Korean flagged vessels' fishing rights to the maximum level in the counterpart's waters, and to maximize our counterpart's loss by restricting its vessels' fishing rights to the minimum level in our waters. However, such goals are almost unreachable in an intergovernmental negotiation. On this ground, regardless of the results, the negotiation is highly criticized from all the interested realms of the society. First, this study reviews the negotiation process ana subject matters of the fisheries agreement, and then evaluates the disputed items issued by academic, political, and industry areas in an international law and fisheries perspective. After the entry into farce of fisheries agreement, various activities should be accommodated as future tasks, such as the adjustments of the domestic fisheries structure, the reorganization of the resource management based fisheries structure, the construction of EEz large surveillance system, and the construction of the multilateral fisheries cooperation system Through an earlier implementation of those tasks, the Korean fisheries will be better prepared in minimizing the predicted impacts once the Korea-China Fisheries Agreement becomes effective.

  • PDF

The Betrayal of Love, Trauma Narrative and Subjectivity Formation: Toni Morrison's A Mercy (사랑의 배반, 트라우마 서사와 주체 형성 -토니 모리슨의 『자비』)

  • Koo, Eunsook
    • Journal of English Language & Literature
    • /
    • v.57 no.5
    • /
    • pp.813-838
    • /
    • 2011
  • Toni Morrison's ninth novel A Mercy delves into the colonial American history of the seventeenth century when Europeans began to migrate to the New World and when the first slaves were brought to Virginia. Morrison presents a diverse group of people such as white Europeans, an American Indian, a free black man, indentured servants, and slaves from Africa in order to explore the subjects of ownership, freedom and racism. She emphasizes the fact that most of the Europeans who came to America in the early seventeenth century were the people who were thrown out from the society such as felons, prostitutes, servants and children. By portraying how these castaways tried to settle in a new environment surrounded by unknown dangers and challenges, Morrison demystifies and reconstructs the myth of the birth of America as a nation state. In continuation of Morrison's writings about love and the betrayal of love, her novel A Mercy explores the subjects of trauma, memory and subjectivity by choosing the topic of motherly love and its betrayal which she dealt with poignantly in Beloved. The female protagonist, Florens, is given away by her mother in partial payment of debt incurred by the owner of Florens's mother. The traumatic memory of Florens's separation from her mother shapes Florence's character. She has to revisit the site of the original traumatic experiences of being given up by her mother in order to reconstruct her fragmented memory and past. The recurring dream of the traumatic incident that takes hold of Florens can be explained by the trauma theory of Freud, Cathy Caruth, Suzette Henke, and Judith Herman. The paper explores the self journey of Florens in which she faces the traumatic past and comprehends its meaning which enables her to construct her subjectivity by understanding the true meaning of being free and of owning oneself. In particular, it demonstrates how the process of writing a confession, a story about one's history, enables one to reclaim the traumatic experience and to locate it in the narrative memory.

Administration and Practical Problems of South-North Commercial Arbitration Organization (남북 상사중재기구의 운영과 실행과제)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
    • /
    • v.18 no.2
    • /
    • pp.55-77
    • /
    • 2008
  • The purpose of this paper is to make a research on the administration and practical problems of the arbitral organization called "uth-North Commercial Arbitration Commission". The Arbitration Commission shall be set up under the South-North Agreements officially called "reement on Settlement Procedure of Commercial Dispute" and "reement on Organization and Administration of the South-North Arbitration Commission" between the South and the North of Korea. A variety means of dispute settlement including friendly consultations, conciliation and arbitration called Alternative Dispute Resolution(ADR) will be used frequently and institutionally to settle commercial disputes and conflicts arising from economic transactions between the South and the North of Korea. Under the circumstances, it is becoming a problem of vital importance how to operate the Arbitration Commission for the prompt and effective settlement of the South-North commercial disputes. First of all, the South and the North of Korea should recognize the availability of prompt and effective means of dispute resolution such as arbitration and conciliation to be made by the Arbitration Commission would promote the orderly growth and encouragement of th South-North trade and investment, for which the following measures should be taken as soon as possible : 1. Enactment of the South-North Arbitration Rules. 2. Designation of the arbitral institution by North-Korean side. In this connection, the Korean Commercial Arbitration Board(KCAB) was already designated officially as the arbitral organization of South Korean side as of April 17, 2007. 3. Arbitration shall be held in the place where the respondent has his domicile, in case that both parties fail to agree as to the place of arbitration. 4. Permission of a third country arbitration in case that both parties agree to do so. 5. To become a member country of international arbitration agreements including the New York Convention.

  • PDF

Empirical Review on 'Schools' for Community Revitalization - Focusing on Villages That Have Won "Contest for Making Happy Rural Communities" - (커뮤니티 활성화를 위한 '학교'에 대한 실증적 검토 - 행복농촌만들기 콘테스트 수상마을을 대상으로 -)

  • Byun, Kyeonghwa
    • Journal of the Korean Institute of Rural Architecture
    • /
    • v.25 no.3
    • /
    • pp.37-45
    • /
    • 2023
  • This study is conducted to provide an empirical review on how schools play a pivotal role in the regional communities. For this, the use of closed schools, activities to revive small-scale schools, and activities related to nearby schools outside the village were analyzed for villages that have participated and have been awarded in the Contest for Making Happy Rural Communities by the Ministry of Agriculture, Food and Rural Affairs. The results of this are as follows. Out of 204 villages that won the contest, there were 19 cases of school closures. Of these 19 cases, there are 17 cases in which the closed school facilities still exist. For the two remaining cases, there are no buildings and only the site remains. To summarize the use of these schools, the functions are being combined and are determined within the range that local residents can operate. The impact or success factors on the region can be summarized into five main categories through the revival of schools in the crisis of closure. First, it was an opportunity to lay an organizational foundation for village projects in the future by reorganizing the village's organization, such as the formation of a village promotion committee to revive the schools. Second, it did not just introduce outsiders to increase the population, but supported housing and jobs for them to successfully settle down. Third, a cultural community was created with senior and junior residents, and finally, the residents became teachers or formed a village education communities such as lifelong education. In the relationship with schools existing outside the village, activities with members of the surrounding schools and linked activities are being carried out in the sense of "school".

A Study on the Main Features and Problems of SGA Amendment (개정(改正) SGA의 특징(特徵)과 문제점(問題點)에 관한 연구(硏究))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.16
    • /
    • pp.83-114
    • /
    • 2001
  • This paper is focussed on the main features and problems of SGA amendment. main features and problems are as below. First, SGA section 14 uses a new term, that of "satisfactory quality", which is defined in a somewhat circular way and introduces some guidelines in order to solve other problems perceived as arising under the "merchantable quality". The change was largely to assist in the better resolution of consumer disputes and not necessary for commercial disputes because the change involves the substitution of a phrase which meant something but was inappropriate to commercial disputes. As with the definition of "merchantable quality", a court can take the new formulation as an invitation to start afresh; or it can refer to the previous case law. Second, before the SGA amendment, a contract for the sale of undifferentiated part of a bulk shipped or to be shipped on a named ship was a contract for the sale of unascertained goods. So the effect was that property could not pass to the buyer, even though he had paid the price in full, before the goods become ascertained. The main object of the SGA amendment was to improve the buyer's position where he had paid for a specified quantity of goods forming an undifferentiated part of an identified bulk and the seller then became insolvent before the goods for which the buyer had paid were ascertained. The improvement was achieved by making section 16 of the SGA 1979 subject to a new section 20A and includig section 20B, under which a buyer of a specified quantity bulk can acquire a proprietary interest in the bulk. This proprietary solution still has some problems in international sale of goods. Therefore, it would be more appropriated SGA should settle disputes between parties through payment, passing of risk, delivery of goods and/or documents etc. instead of property rights like UCC.

  • PDF

New Product Marketing Strategy: The Case of Binggrae's 'a Café la'

  • Yeu, Minsun;Lee, Doo-Hee;Kim, Sang Yong;Yoo, Shijin
    • Asia Marketing Journal
    • /
    • v.14 no.3
    • /
    • pp.169-184
    • /
    • 2012
  • All firms require new stimulus to spurt growth. Therefore it is necessary to successfully develop new products and to employ appropriate marketing practices for the new products to enter and settle in the market. Binggrae, a Korean company that specializes in dairy and processed dairy products, introduced a ready-to-drink (RTD) coffee product, 'a Café la' to expand its business into the coffee market in 2008. Binggrae was a latecomer in the RTD coffee market but a Café la has shown an impressive average sales growth rate of 115% as of 2011 since the launch. Moreover, it is a steady bestselling coffee brand among the Polyethylene terephthalate (PET)bottle category. Binggrae found potential and opportunity in the growing coffee market and made efforts to develop a new product that can be differentiated from the existing products. The result was PET bottle coffee, which was more portable and convenient to drink than coffee products offered in cups or cans. PET bottle coffee is produced through the patented Aseptic Filing System, thus the original coffee flavor stays fresh when combined with milk and has a longer shelf life than coffee products in cups. Moreover, as the taste of coffee consumers has become more sophisticated, Binggrae developed a premium product by differentiating the product processing method and by using higher-quality Arabica beans. After launching the new product, the company also employed a well-designed communication strategy. First, Binggrae was able to confirm the level of market demand and market potential for the product by employing BTL (Below the Line) marketing strategies through the consumers' word-of-mouth. Afterwards, the company invested its resources for a full-scale ATL (Above the Line) marketing campaign. Later a Café la's TV commercial effectively portrayed the product's characteristics, and succeeded in raising consumer awareness of the product. As a result, a Café la has become the bestselling brand in the PET bottle coffee market. The successful new product marketing strategy of Binggrae'sa Café la offers many valuable implications for companies planning to launch new products in the future.

  • PDF

A Study of Ways to Expand Use of ADR (대체적 분쟁해결제도(ADR)의 활성화 방안에 관한 고찰)

  • 김경배
    • Journal of Arbitration Studies
    • /
    • v.12 no.1
    • /
    • pp.171-205
    • /
    • 2002
  • ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.

  • PDF

Relationship between the Difficulty of Securing Farmland and Demand for Farmland Information (농지확보의 어려움과 농지정보 수요간의 관계 분석)

  • Yi, Hyang-Mi
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.21 no.11
    • /
    • pp.264-272
    • /
    • 2020
  • In this study, for the people who turned or returned to farming (the "Returnees"), information provision measures were sought, focusing on "farmland," for their difficulties in the settlement phase and finding a way for their new agricultural companies to settle in the farming business stably. For this purpose, this study considered endogeneity using a bivariate probit model. According to the results of the study, first, there is a strong positive correlation between the difficulty of securing farmland and the demand for providing farmland information in the settlement phase. Therefore, to ensure the stable settlement of the Returnees, it is necessary to actively respond to their demand through the provision of farmland information. Second, for young returnees, the probability of encountering difficulties in securing farmland is high during the settlement phase. Third, if the young returnees returned to farming after seeing the possibility of agricultural development, the possibility of securing farmland in the settlement stage decreases, and although there was no statistical significance, the demand for farmland information also decreases. Fourth, it was found that if the returnees intend to expand the scale of farming in the future, it is difficult to secure farmland in the settlement phase, and the demand for farmland information also increases.

Analysis of Relation between Entrance Exam Score and Academic Achievement of KNCAF Students (한국농수산대학 학생의 입학전형 성적과 학업성적의 관련성 분석)

  • Park, S.Y.
    • Journal of Practical Agriculture & Fisheries Research
    • /
    • v.17 no.1
    • /
    • pp.101-111
    • /
    • 2015
  • The purpose of this study is to identify any differences in academic records of students after they got into the Korea National College of Agriculture and Fisheries through the entrance exam. The target group was the students of 1,035 who enrolled from the year of 2012 to 2014 by the exams respectively, and this study compared those first year's records. As a result, this study found that their academic achievements have no significant differences statistically. With regard to the result, we could recognize that the average achievements of students are arithmetically high, who were accepted by admission officer's interview(talented students of agriculture and fisheries) and regular admission procedure to which the scholastic test result is applied. Accordingly, it is more desirable that we should rather focus on measures to improve the admission procedure that could contribute to academic achievements of students who are mostly accepted through the nonscheduled admission. It is pointless to focus on discussion that the achievement of students selected by a particular procedure is low. That kind of criticism proved groundless. Secondly, the study of the correlation between their admission records and after admission records of the freshmen in 2012 shows that a significant difference does not exist whereas those of in 2013 and 2014 has a slightly different statistically, though a coefficient of correlation was a mere 0.17. It account for this result that KNCAF has increased the applied-rate of highschool transcript from 33.3% to 50.0.% in admission procedure from the year of 2013. However, lowering the applied-rate of farming and fishing background is not everything as we consider the graduates' easy settling into rural area. It is a well-known fact that after graduation, the majority of students who have applied for a grace period of the delay in performing the obligation of farming and fishing, and of students who have paid the school expenses back came from ones with no sufficient foothold. This means that we should formulate a supporting policy for the students to settle into rural area smoothly after graduation if we keep the regulation of lowing the applied-rate of farming and fishing.