남북상사중재위원회 운영상의 문제점과 활성화방안

최석범,박근식,김태환,김재학,박선영 한국중재학회 2007 중재연구 Vol.17 No.1

The commercial relationship between South and North Korea is defined under the concept of economic relation and cooperation. To resolve any dispute that can arise from the trade and investment relations between South and North Korea, 'Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea' came into force in August 2003. Commercial Arbitration Committee of South-North Korea will be organized as the member lists of the committee were exchanged in July 2006 between South and North Korea. This committee must become a central system to settle the trade and investment disputes between South and North Korea. North Korea's Foreign Economic Arbitration Act was enacted to provide the foreign investors with the safe measures in their investments such as dispute resolution. But this Act can not dispute the trade and investment disputes between South and North Korea. The purpose of this paper is to contribute to the activation of arbitration between South and North Korea by studying Commercial Arbitration Committee of South-North Korea introduced by Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea and Agreement on the Construction and Operation of Commercial Arbitration Committee of South-North Korea and finding the problems and solutions of Commercial Arbitration Committee of South-North Korea.

한 · 일 중재법상 중재판정의 비교법적 고찰

최석범,정재우,김태환 韓國仲裁學會 2006 중재연구 Vol.16 No.1

The parties in the trade can have full autonomy and can resolve disputes independently, impartially and without delay by selecting arbitration by agreement. Korea and Japan had revised their Arbitration Laws to incorporate as many provisions of the 1985 UNCITRAL Model Law as possible. Japan had amended its century-cld arbitration law, becoming the 45th country to adopt the UNCITRAL Model Law on International commercial arbitration. New Arbitration Law was enacted as Law No.138 of 2003 and effective on March 1, 2004, is applicable to both national international arbitration. Korea had amended its arbitration law on December 31, 1999 and its New Arbitration Law incorporates the most of the 1985 UNCITRAL Model Law as Japan. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the Northeast Asian bloc. But in order for the parties to make use of arbitration in the bloc, the arbitration laws of nations in the bloc must have similarity and unification. As Korea and Japan playes important roles in the bloc, both nations's arbitration laws must be studied in view of similarity and difference to unify both nations' arbitration laws by way of showing an example. Therefore, this paper deals with both nations' arbitration laws in view of comparative law to unify their arbitration laws and Northeast Asian Nations' arbitration laws.

중국국제상사중재제도의 운용실태와 개선방안

최석범 韓國仲裁學會 2004 중재연구 Vol.14 No.2

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government-sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

전자신용장의 본질과 서류의 전자제시에 관한 연구

최석범 한국통상정보학회 2000 통상정보연구 Vol.2 No.1

전자상거래중 국제간, 기업간 전자상거래라고 할 수 있는 글로벌전자무역이 볼레로 서비스의 도입으로 가시화되고 있다. 본 연구에서는 국제무역에서 대금결제수단으로서 사용되고 있는 신용장의 대안으로서의 전자신용장의 도입에 따른 본질을 규명하고 전자신용거래에서 서류의 저자제시에 대하여 연구하였다. 우선 기존무역거래절차의 한계와 글로벌전자무역의 의의를 살펴보았고 신용장통일규칙과 신용장거래원칙의 차원에서 전자신용장의 본질을 규명하였으며 전자신용장의 거래원칙으로서 독립 · 추상성의 원칙, 전자서류거래의 원칙, 엄격일치의 원칙을 제시하였다. 그러고 선적서류의 전자제시로서 기존의 선화증권의 도입사례를 간략히 살펴보았고 특히 볼레로 선화증권과 전자신용장거래와의 관련성을 살펴보았다. Owing to the Boero Service, Global Trading will be materialized as international Business to Business E-Commerce. There are three principles in the letter of credit transaction, that is to say, independence and abstraction, document dealing, strict compliance. IN the electronic letter of credit, these principles are called as independence and abstraction, electronic document dealing, strict compliance. As a joint venture between SWIFT and TT Club, bolero.net is changing the way the world trades by providing a web-based, paperless mode of commerce that is designed to become a global standard. As bolero.net supplies the service of the title registry resolves the problem of Electronic Bill of Lading, the electronic letter of credit will be easily introduced. Thus, this study deals with the Nature of the Electronic Letter of Credit Transaction and the Presentation of the Documents, in particular, the Bolero Bill of Lading.

북한의 중재법의 주요 특징과 시사점

최석범 韓國仲裁學會 2007 중재연구 Vol.17 No.3

Laws regarding to Arbitration in North Korea are Arbitration Act, Foreign Economic Arbitration Act, Regulations on the Foreign Trade Arbitration Commission, Regulation for treatment of cases in Arbitration Commission, Rules of Hearing. North Korea has enacted the laws related to Arbitration including Arbitration Act enacted in 1995 and Foreign Economic Arbitration Act enacted in 1999. In the North Korea's planed economy system, as there will be many disputes among organizations, companies, other Institutions Arbitration Act resolves the disputes to compete the economic plan. North Korea's Arbitration Act is different from Normal Arbitration Acts in particular other socialist states in view of arbitration agreement and selection of arbitrator and functions as the tools controlling the members of North Korea and have the characteristics such as national arbitration system and mixture of criminal trial and governmental control and strict legal control system on violent acts in North Korea's plan and plan regulation. And North Korea's Arbitration Act deals with the civil disputes and limits the parties and subject matter of arbitration. The parties in dispute such as organizations, companies, other Institutions could apply for arbitration to Central Arbitration Body and Provincial (City under the direct control of Govemment) Arbitration Body and Sectional Arbitration Body. The purpose of this paper is to contribute to the enhancement of the understanding arbitration in North Korea by studying the clauses in the Arbitration Act.

전자계약에 관한 국제협약 예비초안의 논점과 특징에 관한 고찰

최석범,박종석 한국통상정보학회 2003 통상정보연구 Vol.5 No.1

Legal rules applying to the commerce and international commerce in particular contracts, proper law, jurisdiction and so on, have improved with time and experience. Engaging in a-commerce on the World Wide Web may expose the company to the risk of being sued in any foreign country where Internet user can establish a legal claim. The modern law of contracts is highly sophisticated and difficult to understand. With contracts created in cyberspace, the basic rules are no difference that we can find. However, there are situations in e-commerce that are altogether new and to which the existing rules cannot apply. Here uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must change to e-commerce law so that it provides certainty and enforceability over e-commence. UNCI TRAL Working Group on Electronic Commerce prepared the Preliminary Draft Convention on [International] Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 which applies to international contracts concluded or evidenced by means of data messages. An electronic contract is concluded when the acceptance of an offer becomes effective, and an offer becomes effective when it is received by the offeree, and an acceptance of an offer becomes effective when the indication of assent is received by the offeror according to this Convention. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message.

Zigbee를 이용한 무선 실시간 전광판

金範錫,金星坤,韓必熙,朴樹榮,李宜宣,崔祐榮 明知大學校 産業技術硏究所 2009 産業技術硏究所論文集 Vol.28 No.-

In general, LED display system displays the fixed text in ROM. In this paper, we propose the wireless real-time LED display system in which the text can be easily displayed in any text color and display mode by users And the system can be set up in any place by using Zigbee communication.

정신과 폐쇄 병동 환경 평가에 영향을 미치는 임상변인 : 치료의 질적 향성을 위한 예비적 연구 The Preliminary Study for Promoting the Quality of Psychiatric Inpatient Treatment

서정석,류은정,이상미,한미희,최귀순,손인기,남범우 건국대학교 의과학연구소 2003 건국의과학학술지 Vol.13 No.-

Purpose: IS prelminary study was designed to assess the clinical variables influencing on the ward atmosphere in psychiatric closed ward and to promote the quality of psychiatric inpatient treatment. Method: 41 psychiatric inpatients were selected in Chung-ju hospital, Konkuk university. Ward Atmosphere Scale(W AS) was used to evaluate patients' perception of ward milieu. WAS score were compared among subgroups with respect to the clinical variables such as duration of admission, frequency of admission, and diagnosis. Results: Significantly, patients who have hospitalized for 1 month to 2 months reported lower score of WAS and patients who have hospitalized for longer than 2 months reported higher score of WAS. The relationship between educated levels and WAS score was not significant. First admitted patients reported significantly lower score of WAS. Bipolar patients reported significantly higher score of WAS and alcohol related patients reported significantly lower score of WAS. Conclusion: The 1st admitted patients, patients with alcohol problem and educated patients were had less satisfied with psychiatric closed ward. Thus, by considering these factors, more specified therapeutic approach and plan should be conducted.

양극성장애와 새로운 항경련제의 효과

남범우,서정석,정헌종,최진영 건국대학교 의과학연구소 2004 건국의과학학술지 Vol.13 No.-

Bipolar disorder, like epilepsy and migraine, is episodic in nature and psychiatric illness requiring lifelong treatment. So, it should not be surprising that anticonvulsants such as carbamazepine and valproate have proven efficacy as mood stabilizers. The newer anticonvulsants such as lamotrigine, gabapentin, topiramate, oxcarbazepine, tiagabine, and zonisamide may also be effective treatments for bipolar disorder. Identifying an anticonvulsant for use in bipolar disorder should take into account not only the pathophysiology of bipolar disorder but also the mechanism of action of the anticonvulsant. Evidence for effectiveness of these novel antiepileptic drugs in treating acute mania and depression as well as in preventing the recurrence of mania and depression is reviewed. In conclusion, although the novel anticonvulsants appear to be clinically useful, more controlled trials are needed to assess the effectiveness in bipolar disorder.

뇌졸중후 우울증

문석우,서정석,남범우,최진영 건국대학교 의과학연구소 2004 건국의과학학술지 Vol.14 No.-

In recent years, depression is most commonly reported psychiatric condition after stroke, poststroke depression(PSD) has attracted world-wide interest. This review focuses on the major research themes that have emerged. Pooled data from studies, have wide variation in results is due to different criteria for patient selection, different evaluation methods, diagnostic criteria and poststroke intervals, conducted throughout the world have found prevalence rates for from 18% to 65%. The diagnosis of PSD is most appropriately based on a structured mental state exam and DSM-N criteria for depression due to stroke with major depressive-like episode or depressive features. Rarely, poststroke patients may also develop bipolar mood disorder. The treatment of PSD, single antidepressant showing efficacy and electroconvulsive theraphy(ECT) and behavioral therapies have also effective. The progression of recovery following stroke can be altered by treating depression, which has been shown to improve recovery in activities of daily living(ADL) and cognitive impairment and to decreased mortality. The mechanisms underlying the association of stroke and mood disorder are important areas for future investigation.