• Journal of Arbitration Studies
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• v.13 no.2
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• pp.657-682
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• 2004

The method of finding the laws in the common law countries is significantly different from that in French civil code countries. The former usually derives the laws from the previous court decisions and applies the derived rules to the current case, called inductive, while the latter prescribes the laws beforehand and then applies the prescribed rule to the current case, called deductive. Such dichotomy in comparative legal research seems to be most recognizable and common. Accordingly, the mainstream of comparative legal research would come from comparison of common laws with civil codes. (omitted)

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.123-156
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• 2004

Settlement of investment disputes is quite different from that of commercial disputes arising from ordinary commercial transactions in view of disputing parties, applicable laws and rules, etc.. Therefore, it is very important to consider the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(Washington Convention) of 1965. The creation of the International Centre for Settlement of Investment Disputes(ICSID), which was established under the Washington Convention, was the belief that an institution specially designed to facilitate the settlement of investment disputes between governments and foreign investors could help to promote increased flows of international investment. Pursuant to the Washington Convention, ICSID provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. Recourse to ICSID conciliation and arbitration is entirely voluntary. However, once the parties have consented to arbitration under the Washington Convention, neither can unilaterally withdraw its consent. Moreover, all Contracting States of the Washington Convention are required by the Convention to recognize and enforce ICSID arbitral awards. Provisions on ICSID arbitration are commonly found in investment contracts between governments of member countries and investors from other member countries. Advance consents by governments to submit investment disputes to ICSID arbitration can also be found in many bilateral investment treaties including the Korea-China Agreement on the Encouragement and Reciprocal Protection of Investments(1992), the Korea-Japan Agreement for the Liberalization, Promotion and Protection of Investment(2003) and the Korea-Chile FTA, the latter was signed as of February 15, 2003 and is still pending in the National Assembly for its ratification. Arbitration under the auspices of ICSID is similarly one of the main mechanism for the settlement of investment disputes under the bilateral treaties on investment. Therefore, it is a problem of vital importance that Korean parties interested in investment to foreign countries should understand and cope with the settlement mechanism of investment disputes under the Washington Convention and bilateral investment treaties.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.31-47
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• 2008

An arbitrator's duty shall be independence and impartiality such as a judge who has procedurally absolute position. Independence is the freedom from others, impartiality is the status of having no-partial condition. Although these show relevance between independence and impartiality, in actuality, it is not easy to prove them. Therefore, arbitrator has to prove his or her position by opening the public of reality and by having an obligation of notification. Each country which applies Arbitration rules or Arbitration act stays the same as Korean Commercial Arbitration Board does. Hence, each country has the moral principles in order to establish a standard of judgement for essential factors and requests preferentially the impartiality and the publicity. In reality, court of justice in England excludes arbitrator who has the close relation to a person concerned. Justice in France cancelled an authorization of arbitrator because of having the economic interest to the person concerned. And also, In United States, Federal Court reverses an arbitration judgment without giving any partiality to a person concerned because of not opening a public about the relationship between arbitrator and a person concerned. Therefore, decision basis of the independence and the impartiality is standardized by the economic interest of a person concerned, professional relation, society connection, relationship between arbitrator and arbitration representative in the same case while in process of arbitration, arbitrator's nationality If arbitrator does not keep the independence and the impartiality by a position of judge, he or she has to make responsible. this duty is divided by two things: civil case and crime case. and if arbitrator does break this responsibility, he or she will get the cancellation of judge and compensation of damage. However, Korea is placed in the real circumstance without judge precedent and moral principles including the independence and impartiality. In order to getting the good reputation of international arbitration institution, this country will have to enact principles of the independence and impartiality for arbitrator.

• Convergence Security Journal
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• v.20 no.1
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• pp.41-47
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• 2020

In the corporate information system environment, detecting and controlling suspicious behaviors occurring at the end point of the actual business application is the most important area to secure the organization's business environment. In order to accurately detect and block threats from inside and outside, it is necessary to be able to monitor all areas of all terminals in the organization and collect relevant information. In other words, in order to maintain a secure business environment of a corporate organization from the constant challenge of malicious code, everything that occurs in a business terminal such as a PC beyond detection and defense-based client security based on known patterns, signatures, policies, and rules that have been universalized in the past. The introduction of an EDR solution to enable identification and monitoring is now an essential element of security. In this study, we will look at the essential functions required for EDR solutions, and also study the design and development plans of smart EDR systems based on active and proactive detection of security threats.

• Korean Journal of Construction Engineering and Management
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• v.17 no.5
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• pp.89-96
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• 2016

Most data generated in construction projects is unstructured text data. Unstructured data analysis is very needed in order for effective analysis on large amounts of text-based documents, such as contracts, specifications, and RFI. This study analysed previously performed project's bid related documents (bidder inquiry) in overseas construction projects; as a results of the analysis frequent words in documents, association rules among the words, and various document topics were derived. This study suggests effective text analysis approach for massive documents with short time using text mining technique, and this approach is expected to extend the unstructured text data analysis in construction industry.

• International Commerce and Information Review
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• v.15 no.1
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• pp.357-379
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• 2013

Recently, the government was introduced as currency for earning of raw materials purchasing system for electronic Government management of foreign trade in 2011, and revised regulations for electronic proof of purchase. In addition, the currency for earning of raw materials, such as procurement system in 2012, followed by electronic proof of purchase local letter of credit. The government electronic trading will be promoting local trading of electronic procedures. This study will be a preceding research on the goods control system for acquiring foreign currency and the obligation of using digitalized approval of purchase due to the revision of foreign trade law. Also, it will conduct theoretical and legal research regarding the obligation of digital establishment of the local L/C which is a result of amendments to the rules of operation for the Bank of Korea's trade finance. Further, it will analyze the legal and operational problems and its response plans for the establishment of the local trade integrated management system which promotes the digitalization of the local trade process.

• The Journal of Information Systems
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• v.16 no.4
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• pp.131-155
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• 2007

The purpose of this thesis is to study on the philosophical analysis model and its methodological application of information systems research evaluation from critical realist perspective. Fist of all, I examine ontological epistemological methodological assertions of critical realism. Because the philosophy of critical realism is an opportunity for information systems study. I examine Dobson and Mutch's critical realist perspective on actors-structure model. I suggest a critical realist actors-praxis-structure model. This model provides the potential for a new approach to social investigations in its provision of an ontology for the analytical separation of structure and agency. Of most importance might be the incorporation of non-humans into the analysis of social interaction and of technology into the elaboration of structures. I also examine Tsoukas's critical realistic meta-theory of management. I suggest a critical realist IS management model. This model elucidate the nature of management and delineate the scope of applicability of various perspectives on management. The causal powers of management reside in the real domain and, taken together, their logics are contradictory, the effects of their contradictory composition are contingent upon prevailing contingencies. I analyze Carlsson's theory of design knowledge. His framework builds on that the aim of IS design science research is to develop practical knowledge for the design and realization of different classes of IS initiatives, where IS are viewed as socio-technical systems and not just IT artefacts. The framework proposes that the output of IS design science research is practical IS design knowledge in the form of field-tested and grounded technological rules. The IS design knowledge is developed through an IS design science research cycle. In conclusion, I think that IS actors-praxis-structure model, meta-theoretical IS management model, and IS design knowledge model according to critical realistic approach are very useful for IS research evaluation. Nevertheless, important problems are left not resolved.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.107-131
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• 2013

Online-ADR (Alternative Dispute Resolution) has been receiving attention from the international community as a means of alternative dispute resolution for consumer disputes in both small and mass international e-commerce. The EU Parliament and the Council proposed the Online Dispute Resolution Regulation for Consumer Disputes (hereafter, "EU Consumer ODR Regulation") and the Directive on Alternative Dispute Resolution of Consumer Disputes (hereafter, "EU Consumer ADR Directive") as a legislative package, now scheduled to be adopted. Those efforts strengthen consumer protection by enhancing ODR in international e-commerce and improving of the functions of the e-commerce market. The EU Consumer ADR and ODR regulation package will operate in conjunction with the ODR platform as a single point across Europe, abandoning the ADR system of each member. Consumers and traders who need dispute resolution apply on the EU ODR platform linked website, and the applications are distributed to individual ADR institutions in accordance with the Rules and Procedure of ADR institutions in the respective country. Although there has been partial progress in Korea for ODR programs such as the establishment of the Online Administrative Trial and the procedures of individual ADR agencies operating through the website, existing norms do not fully support the system. At this point, we see many implications of the EU Consumer ADR and ODR regulation package on the direction chosen for domestic ADR and ODR policy and legislation. This study introduces the main features and content of the EU Consumer ADR Directive (draft) and ODR Regulation provisions, and describes the direction of domestic policy and legislation regarding Online-ADR.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• Korean Journal of Childcare and Education
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• v.9 no.3
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• pp.389-417
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• 2013

This study investigated the changes of chlidcare centers' status, establishment and licence standards, and childcare publicness 20 years after Infant and Early Child Care Act(IECC Act) was enacted in Korea. For this purpose, we examined the trends of establishment status and explored the changes of licence standards sorted as location, type, size, area, indoor-outdoor facilities, playgrounds, in accordance with the revision of the IECC Act from 1991 to 2013. In addition, we organized the concepts and standards for the public service of childcare. Finally, we presented some problems found in the IECC Act and the implementing rules about childcare center's establishment and licence standards. We provided some suggestions in order to improve the institution and ensure the publicness. Through these efforts, we tried to contribute the improvement of the quality of childcare in Korea.