• 한국중재학회지:중재연구
• /
• 제30권1호
• /
• pp.67-86
• /
• 2020

In the case of multiple commerce contracts in commerce, as well as multiple contracts related to it, a solution for the merging of arbitration proceedings is necessary in order to ensure uniformity of dispute resolution. Since the arbitration proceedings are based on the parties' agreement, no merging of two or more arbitration proceedings may transpire unless all parties agree. Claims of merging in arbitration proceedings lead to problems such as lack of party autonomy, resulting from lack of consent of the parties to merging, and how to appoint an arbitrator in a multilateral arbitration proceeding. Many of the major arbitration bodies have recognized the significant benefits of the terms of consolidation, and have recently revised the Arbitration Rules to include or extend existing clauses to reflect the needs of the parties. This study introduces the merging provisions of several selected major arbitration rules, such as the ICC, Switzerland, SCC, LCIA, SIAC, HKIAC, ACICA, and UNCITRAL rules, and looks at the main similarities and differences among the rules.

• 보건의료산업학회지
• /
• 제11권4호
• /
• pp.225-237
• /
• 2017

Objectives : This study reviews the feasibility of Reciprocal Health Care Agreements (RHCA) between South Korea and Australia. Methods : A literature review was conducted using government reports and media articles. Results : In Australia, the Health Insurance Act enables health care agreements with other nations, but Korea has no similar legislation in place. Therefore, Korea must build a broader consensus on the need for RHCA, based on the precedent of Australia's RHCA with 11 nations, as well as on the Korean Pension Act, which has made reciprocal pension agreements with 28 nations through an exceptive clause. The active government involvement of the Ministry of Health and the Department of Foreign Affairs and Trade in Australia, and the Ministry of Health & Welfare and Ministry of Foreign Affairs in Korea, are essential for a successful RHCA process. Conclusions : RHCA between Australia and Korea would constitute a significant step forward in strengthening people-to-people links between these two trading partners in the spirit of health diplomacy.

• 한국중재학회지:중재연구
• /
• 제22권3호
• /
• pp.71-92
• /
• 2012

The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India's Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB's standard arbitration clause into their contracts and use India's ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies' credit standing before entering into business relations with them.

• 한국중재학회지:중재연구
• /
• 제26권2호
• /
• pp.3-25
• /
• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• 정보학연구
• /
• 제5권3호
• /
• pp.137-156
• /
• 2002

전자상거래에 관련된 국제적 논의는 OECD 등을 중심으로 이루어져 왔지만 최근에는 WTO의 역할이 부각되고 있으며, WTO에서 전자상거래의 논의는 주로 국제무역 관련 이슈들을 중심으로 이루어지고 있다. 하지만 여전히 전자상거래의 분류문제, 서비스의 분류, 관세부과, 공급모드, 지적재산권 문제 등 해결해야 될 문제들이 여전히 남아 있다. 이에 따라 우리도 전자상거래 관련 규정들을 마련하고 있으나 국제적으로 적용하기에는 한계가 있어 이를 발전시키고 활성화하기 위한 법제도 마련과 전략이 요구된다.

• 무역상무연구
• /
• 제13권
• /
• pp.83-103
• /
• 2000

Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

• 통상정보연구
• /
• 제9권2호
• /
• pp.441-466
• /
• 2007

Geographical indications are place names (in some countries also words associated with a place) used to identify the origin and quality, reputation or other characteristics of products. Protection required under the TRIPS Agreement is defined in two articles. The purpose of this study is to select the representative geographical indication item of Korea, discuss of the new intellectual property rights, and promote the trade of that product. It is also discussed of a geographical indication registration system and the recognition with international point of view. The international geographical indication protection is strengthening in recent. There are many multilateral and bilateral discussions and talks for geographical indication system. In order to protect excellent Korean products locally and internationally, the 'Quality Management of Agricultural Products Act' has been introduced form July 1, 1999. The geographical indication registration of Korea currently is 31 cases. The geographical indication is limited the regional promotion in Korea. Therefore, it is studied the registered items on the list and analyzed the result of the registration. Consequently, this paper suggests that more effective ways have to be prepared for the systematic management of geographical indications, campaigns for the recognition as a property.

• 대한한의학회지
• /
• 제25권3호
• /
• pp.20-31
• /
• 2004

The 21/sup st/ century is a society based on knowledge, so in economic activities, it has emphasized the importance of information such as intellectual property or intangible asserts. Especially, according to the agreement on trade related as parts of intellectual property rights in WTO, it is used as the method of commercial entente and monopoly for intellectual property in an advanced nation. For this reason, WIPO and UNESCO discussed a complement for intellectual property on the foundation of traditional knowledge such as traditional knowledge (TK), genetic resources (GR) and traditional cultural expressions (TCE, folklore). Korea has a lot of knowledge falling under TK, GR, and TCE because of the long history of the country. In the case of traditional medical care, it has been used in the public health system. It is hard to apply these rights to traditional medical care of Korea because the laws of intellectual property have been established under the ideas of western culture. It is necessary to improve the classification system of traditional knowledge and patents. In the patent classified system of IPC, it needs to be related to the research between the classified system for massive technology and the classified system for traditional clinic technology.

• Agribusiness and Information Management
• /
• 제3권2호
• /
• pp.9-16
• /
• 2011

With the confirmation of the Free Trade Agreement (FTA) and as cheap foreign agricultural products are beginning to be freely distributed in Korea, the government has taken a greater interest in securing the competitiveness of domestic agriculture. Accordingly, the Korean government has presented plans to advance the interests of 'small but strong farmers' and secure their competitiveness in line with the agricultural conditions in Korea. The government also announced that it will focus on leading these efforts in rural areas. The main thrust of this plan to support 'small but strong farmers' focuses onutilizing advanced peripheral technologies such as IT and BT; however, there are only a few Information Management Division centers currentlyoperating across the nation, and these are mainly in the IT-related divisions of the Agricultural Research and Extension Services and Agricultural Technology Centers. Therefore, in this study, we used the responses from a survey of farmers to identify regional differences in informatization levels and the digital divide among 'small but strong farmers' according to the presence or absence of an Information Management Division center. As a result, we found that the 'small but strong farmers' in regions with an active Information Management Division center received more IT services and had a higher level of informatization. Thus, to increase the use of IT-related peripheral technology by these 'small but strong farmers', it is important to maintain or increase the number of Information Management Division centers.

• Journal of Information Technology Applications and Management
• /
• 제24권4호
• /
• pp.25-39
• /
• 2017

This research conducted empirical and comparative study following interview concerning the relationship of acceptance attitudes and expected effects of the teleworking between Korean and Canada organizations. Independent variable was acceptance attitude, and the expected effect as dependent variable. Totally, 201 responded questionnaires (Korea : 118, Canada : 83) were analyzed for multiple regression and mean difference between groups. On January 1, 2015, Canada had agreed FTA (free trade agreement) with Korea. Therefore, many organizations can have opportunities for sharing hands in social infrastructures and business area. As a result, the research found out that teleworking can positively improve employee's quality of life, efficiency of works. Moreover, respondents informed us that it may give us national and social cost saving. The BYOD (bring your own device) will be helpful to make employees do more active communication. This comparative research expects that two countries have some insights to cooperate in smart work or teleworking. In addition, several Korean companies can have chances to export IT technologies to Canada market.