• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• Journal of Korean society of Dental Hygiene
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• v.17 no.5
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• pp.921-930
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• 2017

Objectives: The purposes of this study were to analyze the trade newspapers related to 'recognition of the dental hygienist as the healthcare professional' using R program and to identify opinions of groups concerned with dental hygienists. Methods: This study was designed with contents analysis and cross-sectional. The subjects of the study were the articles for the last three years in medical and dental newspapers about the recognition of the dental hygienist as the healthcare professional. The collected articles were categorized and classified for each group's opinions about the issue. The key words were extracted according to the priorities of the opinions of agreement and disagreement. They were visualized after frequency analysis using R, a big data analysis program. Results: A total of 237 newspaper articles were extracted among 270 ones containing opinions. 245 were positive opinions and 25 were negatives. The main key words of the agreement were 'Amendment of Medical Law', 'Medical Practice', and 'Legal Guarantee of the Practice'. Advocates addressed that the issues should be resolved with the amendment of the law, as dental hygienists are not guaranteed to work based on the current law although they are actually doing the medical practices. Main key words of disagreement were 'Legal Guarantee of the Practice', 'Revision of Medical Technician Law', and 'Review of Job Type'. They described that the problem can be resolved by revising medical technicians act, and it needs to consider as job types of all healthcare professional. Conclusions: In the group who showed the positive opinions, it is possible to utilize measures such as promoting the cooperation of dental hygienists and developing public consensus through publicity.

• Membrane and Water Treatment
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• v.14 no.2
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• pp.65-76
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• 2023

Given the limited water resources and the presence of multiple decision makers with different and usually conflicting objectives in the exploitation of water resources systems, especially dam's reservoirs; therefore, the decision to determine the optimal allocation of reservoir water among decision-makers and stakeholders is a difficult task. In this study, by combining a fuzzy VIKOR technique or fuzzy multi-criteria decision making (FMCDM) and the Young's bilateral bargaining model, a new method was developed to determine the optimal quantitative and qualitative water allocation of dam's reservoir water with the aim of increasing the utility of decision makers and stakeholders and reducing the conflicts among them. In this study, by identifying the stakeholders involved in the exploitation of the dam reservoir and determining their utility, the optimal points on trade-off curve with quantitative and qualitative objectives presented by Mojarabi et al. (2019) were ranked based on the quantitative and qualitative criteria, and economic, social and environmental factors using the fuzzy VIKOR technique. In the proposed method, the weights of the criteria were determined by each decision maker using the entropy method. The results of a fuzzy decision-making method demonstrated that the Young's bilateral bargaining model was developed to determine the point agreed between the decisions makers on the trade-off curve. In the proposed method, (a) the opinions of decision makers and stakeholders were considered according to different criteria in the exploitation of the dam reservoir, (b) because the decision makers considered the different factors in addition to quantitative and qualitative criteria, they were willing to participate in bargaining and reconsider their ideals, (c) due to the use of a fuzzy-logic based decision-making approach and considering different criteria, the utility of all decision makers was close to each other and the scope of bargaining became smaller, leading to an increase in the possibility of reaching an agreement in a shorter time period using game theory and (d) all qualitative judgments without considering explicitness of the decision makers were applied to the model using the fuzzy logic. The results of using the proposed method for the optimal exploitation of Iran's 15-Khordad dam reservoir over a 30-year period (1968-1997) showed the possibility of the agreement on the water allocation of the monthly total dissolved solids (TDS)=1,490 mg/L considering the different factors based on the opinions of decision makers and reducing conflicts among them.

• Journal of the Korea Convergence Society
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• v.6 no.1
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• pp.49-55
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• 2015

In the FTA environment, it is necessary to comply with the rules of origin in order to receive duty-free benefits. To do this, they have to precede the Harmonized System(HS) tariff classification of the goods and understand thoroughly the basic principles that constitute the tariff schedule of HS classification. For the correct classification, they should understand exactly the product name of "Heading" about the items, "Legal Note" in the relevant "Section" or "Chapter" as well as provisions of the commentary. Therefore, this paper proposes to develop a HS classification services based on the performance system of knowledge convergence of field terms commonly used in various industries. In result, our services can provide users the conveniences which users first selects one of seven decision elements of the classification and perform the classification easily and accurately.

• Journal of Digital Convergence
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• v.13 no.10
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• pp.9-17
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• 2015

China is the largest e-commerce market in the world. The Chinese online retail market is almost 40% larger than the US, and together these markets account for more than 55% of worldwide e-commerce. The Korea China FTA is likely to facilitate e-commerce activity between the two countries, as well as trade in the goods and services that enable e-commerce. Korean consumer goods can enjoy the benefits of the FTA because it has a competitive advantage in the Chinese market in terms of technology and quality. The purpose of this study is to examine legal issues of e-commerce chapters of the Korea China FTA and policy implications. Results of the study show that several implications based on the export vitalization of cross-border e-commerce of Korean products are offered. The Korean government needs to do the following: prepare for the subsequent negotiation of the e-commerce agreement, prepare for the classification issue of electronic transmissions, require mutual recognition of electronic authentication and electronic signatures, prepare for e-commerce dispute settlement mechanism and establish of strategies for the export vitalization of e-commerce.

• The Korean Journal of Food And Nutrition
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• v.22 no.2
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• pp.252-260
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• 2009

According to Article 7 and Annex B of the World Trade Organization(WTO) Agreement on the Application of Sanitary and Phytosanitary(SPS) Measures, WTO members are required to notify their newly established or amended SPS measures that might affect international trade. This study analyzed SPS notifications from 1995 to 2008 to identify international trends for food safety measures. The notifications were collected from the SPS information management system and the official document distribution system of WTO. The 153 WTO members represented 37 developed countries, 84 developing countries and 32 least developed countries. The number of overall notifications was 9,820. The annual notifications increased from 198 in 1995 to 1,264 in 2008. The monthly average notifications were from 44.8 in December to 69.5 in June; however, there were no statistical differences among them. The six leading Members in terms of notification submissions were United States(U.S.), Brazil, New Zealand, Canada, European Community and Korea. Among the regular and emergency notifications, 62.7% notifications were concerned with food safety, followed by animal and plant protections. Among animal protection notifications, 54.8% were emergency situations. Of the 4,821 food safety notifications, 60.4% were from developed countries, and 39.3% were from developing countries. Measures concerning pesticide residues and risk assessments were mainly from developed countries. In contrast, 77.5% of the measures concerning zoonoses were from developing countries. However considering the numbers of developing and developed countries, the average number of measures for each country was similar. Food safety measures were mainly involved pesticide residues followed by food additives, zoonoses, new regulations, labeling. As the overall notifications, zoonosis measures were mainly emergency notifications. Measures concerning pesticide residues, food additives, zoonoses, new regulations, veterinary drugs, and labeling were submitted most often by the U.S., Korea, Albania, U.S., Australia, and U.S., respectively. Identifying the exact trends of food safety measures was complicated by a number of factors. However, WTO notifications might be useful tool in providing a general view of international trends.

• Environmental and Resource Economics Review
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• v.21 no.4
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• pp.777-807
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• 2012

This study analyzed the impacts of FTAs (Free Trade Agreements) actively being promoted by the Korean government on the Korean economy, energy consumption and greenhouse gas (GHG) emissions and found the policy implications in terms of the linkage amongst them. The simulation analysis by using a global CGE model, KEEI-GCGE, found that the effectuation of Korea-USA, the Korea-EU and the Korea-China-Japan FTAs at the same time would increase the real gross domestic product (GDP) of Korea by 2.04%. In addition, the energy consumption and GHG emissions of Korea are estimated to increase by 3.33% and 1.53% respectively. These results imply that the various medium and long-term plans and policies related to energy and GHG emissions in Korea should systematically reflect those potential impacts of the FTAs.

• Geophysics and Geophysical Exploration
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• v.9 no.1
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• pp.93-101
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• 2006

In this study, we propose a joint inversion method, using genetic algorithms, to determine the shear-wave velocity structure of deep sedimentary layers from receiver functions and surface-wave phase velocity. Numerical experiments with synthetic data indicate that the proposed method can avoid the trade-off between shear-wave velocity and thickness that arises when inverting the receiver function only, and the uncertainty in deep structure from surface-wave phase velocity inversion alone. We apply the method to receiver functions obtained from earthquake records with epicentral distances of about 100 km, and Rayleigh-wave phase velocities obtained from a microtremor array survey in the Kanto Plain, Japan. The estimated subsurface structure is in good agreement with the previous results of seismic refraction surveys and deep borehole data.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.