• 한국중재학회지:중재연구
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• 제28권2호
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• pp.111-135
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• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.3-22
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• 2021

Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

• Journal of Korea Trade
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• 제24권6호
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• pp.101-114
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• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Asian-Australasian Journal of Animal Sciences
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• 제24권11호
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• pp.1629-1636
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• 2011

Global pork markets are becoming more competitive, riding the wind of the bilateral free trade agreement. China is the world's largest pork producer with nearly 50% of the world's total production. China's fast growing economy has provided its people with higher purchasing power, resulting in a rapid expansion of the Chinese swine industry over the past decades. Worldwide, China consumes the greatest amount of pork and it is believed that this trend will continue. Japan is the world's largest pork importing country, even though it also produces a lot of pork. The Japanese swine industry encounters weighty obstacles in production costs and environmental limitations which result in reduced domestic supply and creates the situation in which Japan has to import a significant amount of pork for their consumption. South Korea is also a large buyer of pork, with a status greatly influenced by the struggle that the country has faced with Foot and Mouth Disease (FMD) which occurred in 2000, 2002 and 2010. High production costs, low production efficiency, and forced culling following the FMD outbreak resulted in the loss of many hog farming households in the country, reducing supply of domestic pork in the face of continued demand. Overall, pork production in these economically important countries can greatly impact the industry globally. The goal of this review paper is to describe pork production in China, Japan, and South Korea and discuss these countries' role in global pork export markets.

• 수산경영론집
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• 제48권3호
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• pp.61-74
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• 2017

This study is aimed to analyze the change of chinese fishing vessels' entry into the East Sea off North Korea and suggest directions for countermeasures. Based on the real landing data in China, Chinese fishing vessels' squid catch volume and value in the East Sea off North Korea are estimated. Results show that at least 205 thousand tons of squid was caught by Chinese fishing vessels in 2014. If the catch amount is calculated by the unit price per kilogram at the same year in Korea, it would be 556.3 billion KRW. As the UN sanctions become stricter with the recent resolution 2371 passed, Chinese fishing vessels' entry may increase in the future to compensate decreased seafood supply from North Korea. Even though there are not many options left for Korea to decrease the impact of Chinese depletive fishing, the study suggests countermeasures such as strengthening cooperative crack down on the Chinese illegal fishing vessels in Korean waters; increasing cooperation with UN member countries to incorporate banning the trade of fishing rights in the next UN sanctions; establishing regional fisheries management organization and managing migratory species with China and Japan cooperatively in the long term.

• Journal of Contemporary Eastern Asia
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• 제19권1호
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• pp.84-96
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• 2020

The Republic of Korea (Korea) and the Russian Federation (Russia) are actualizing the cooperation in the Arctic area. As a result, Korean companies have begun to enjoy real economic benefits. However, since there are some troublesome aspects associated with this cooperation, measures that can lead to sustainable development through the supplementation of relevant norms are critical. Russia is also aware of these problems in obtaining economic benefits in the future; cooperation between the two countries should be extended to sufficiently cover this point. The laws related to the region are vague and do not encompass every field. In addition, when it comes to national interests, many situations arise from areas where international and national laws are not clearly harmonized. Therefore, efforts should be made to reflect the interests of both sides and to maintain economic benefits, in case Korea participates in Russia's development of the area, as well as for the legal foundation to reduce negative issues. The Korea-Russia Free Trade Agreement (FTA) negotiation is on the track for the purpose. The two governments should consider various tasks, such as harmonizing with the former FTAs and dealing with the domestic law in accordance with the new FTA. The two countries also have to conduct researches on the efficient use of the FTA and for the 'Sustainable Arctic Development'.

• 한국건설관리학회논문집
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• 제4권4호
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• pp.106-113
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• 2003

The purpose of this thesis is to provide an appropriate trade-off information for the conflicting interests caused by the various factors between building owner and contractor during selecting the contractor and performing the construction work, in which the construction was contracted by open bidding from the government or private organizations. In order to propose the legitimate evidence, the differences between the domestic contract sheet of drawing change and the process of drawing change and those of the foreign countries were compared and analysed The number of construction ordered in Youngdong area in 2001 whose construction expenses are more than 100,000,000 won is 218 items and 147,005,000,000 won in total cost Among them, the number of 218 items whose total cost amounts to 16,705,000,000 (11.36$\%$) is in case of increase of construction expenses due to the drawing changes, and the number of 48 items whose tool cost amounts to 2,009,000,000 won (1.37$\%$) is the case of decrease. In conclusions, the contractor could have more benefits than the building owner in case they submit the detailed estimate sheet without eliminating the increasing expenses of construction. It is shown that the building owner's loss is increasing whenever the labor cost is higher material cost Therefore, this thesis proposes a proper standards for the harmonious compromise between the contractor and the building owner for the problems caused by the drawing changes when the contract agreement is occurred.

• 식품기술
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• 제19권4호
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• pp.85-103
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• 2006

지리적 표시란 농산물 및 그 가공품의 명성, 품질, 기타 특징이 본질적으로 특정지역의 지리적 특성에 기인하는 경우, 당해 농산물 및 그 가공품이 그 특정지역에서 생산된 특산품임을 표시하는 것을 의미한다. 지리적 표시제는 우수 농산물 및 그 가공품의 지리적 표시를 등록.보호함으로써 지리적 특산품의 품질을 향상하고 지역특화산업으로 육성하여 생산자를 보호.육성하고, 소비자에게는 특정 제품에 대한 지리적 명칭의 정보를 제공함으로써 안전하고 우수한 농산물 및 그 가공품을 소비할 수 있게 하여 궁극적으로 생산자와 소비자를 모두 보호하는 것을 목적으로 한다. 우루과이라운드(UR)에 의한 무역협상 타결로 '95년에 출범한 세계무역기구(WTO)는 "무역관련 지적재산권 협정(Agreement on Trade Related Aspects of Intellectual Property Rights: TRIPs)"을 다자간 무역협상의 대상으로 추가함으로써 통상교섭의 영역을 상품 및 서비스생산 중심에서 지적재산권 영역까지 확대시켰다. 우리나라는 2001년부터 "TRIPs" 협정에 대한 일반적 이행을 의무화하고 있으며, '96년 10월 한.EU기본협력협정 체결시 EU의 지리적표시 보호를 위한 제도적 장치 마련을 요구하는 등 국제적인 지리적표시 보호 강화 움직임에 보다 적극적으로 대처하고, 우리나라의 우수한 지리적 특산품을 국내 및 국제적으로 보호하기 위해 '99년 농수산물품질관리법에 지리적표시 등록제가 도입되었다. 현재 보성녹차, 하동녹차, 고창복분자, 영양고추 및 서산육쪽마늘, 의성마늘, 괴산 고추 및 순창고추장, 괴산 고춧가루, 성주참외, 해남겨울배추, 이천쌀, 철원쌀이 등록되었고 지역 경제 활성화에도 가교 역할을 하고 있어 다양한 품목에 대한 지리적 표시 등록을 위한 연구가 적극적으로 진행되고 있다. 본 고에서는최근 수행한 음성 고추, 제주 광어, 제주 감귤의 지리적 특성과 품질 특성과의 관계를 조사 분석한 연구내용을 소개하고자 하였다.

• 기술사
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• 제32권3호
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• pp.92-105
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• 1999

With the advent of the information age and the knowledge-based society, human resource development has become a key factor in determining a nation's competitiveness. And technological qualification systems have a direct and significant influence on human resource development. In order to guarantee Korea's continued development as a competitive member of the international community, it is demanded that a Korean Technology Qualification System (KTQS) is to accept international qualification criteria. This study was conducted in order to analysis current movements about the international mutual recognition of Professional Engineer and present problems for introducing APEC Engineer System to KTQS, and also recommend reasonable plans which overcome those. Under the WTO/GATS, the liberalization of trade in professional services will steadily increase. APEC activities to facilitate the portability of qualifications is considered complementary to the WTO movement. If the government attempts to introduce the APEC criteria for university degree requirements, university curriculum standards, programs for continuing professional developments(CPD), and practical, on-site experience. In the standpoints with the recent developments of APEC Engineer agreement on profession qualification, it is important to guarantee that Korean qualifications have a common, international currency. Measures have to be taken to harmonize the qualifications standards for Professional Engineer with those set out by the WTO/GATS movement. Also this will require an increase in the quality of university curriculum and an establishment of CPD. This process will be further enhanced by the organization of APEC Engineer Monitoring committee, Consisting of government officials, professional engineers and university professors. At this committee we can discuss the best strategies to keep our nation's interests.