• Title/Summary/Keyword: 공서

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Habitat Segregation between NE and NS Type of Zacco korean us (Cyprinidae) (참갈겨니, Zacco koreanus(잉어과)의 NE형과 NS형의 서식처 분리)

  • Chae, Byung-Soo;Yoon, Hee-Nam
    • Korean Journal of Ichthyology
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    • v.22 no.1
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    • pp.49-55
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    • 2010
  • Sympatric sites of type NE and NS of Zacco korean us were found in the upper reaches of many tributaries of the Nakdong and Seomjin rivers, as well as in some streams draining into the South Sea, Korea. In streams where the two types exist together, there was a tendency for individuals of NE to densely populate the upper reaches and those of NS to populate the middle reaches. A habitat-segregation phenomenon was observed in the cohabiting sites. Fishes of NE preferred rapids, whereas fishes of NS preferred slowly flowing or lentic regions. It seemed that the number of NE was proportional to the flow velocity, but NS showed an opposite trend in the cohabiting sites. On the other hand, such tendency was not found in regions where NE and NS exist separately.

The Public Policy Ground for Refusing Enforcement of Arbitral Awards and Rule of Law in Chinese (중국에 있어서 외국중재판정의 승인 및 집행 거절 사유인 공서와 법의 지배)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.23-50
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    • 2008
  • In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

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A Study on Recognition of Foreign Judgements Obtained by Fraud (사기에 의하여 취득한 외국재판의 승인에 관한 연구)

  • Lee, Hun-Mook
    • Journal of Legislation Research
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    • no.53
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    • pp.553-591
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    • 2017
  • This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

Distribution of Coreoperca kawamebari and C. herzi and Fish Community Structure in Relation to Environmental Differences in Their Sympatric Area of the Boseong River, Korea (꺽저기 Coreoperca kawamebari와 꺽지 C. herzi의 공서 하천인 보성강에서 환경 차이에 따른 두 종의 분포와 어류 군집 구조)

  • Kim, Seog Hyun;Lee, Sang Hun;Lee, Wan-Ok;Cho, Kang-Hyun
    • Korean Journal of Ecology and Environment
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    • v.46 no.3
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    • pp.367-379
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    • 2013
  • The distribution of Coreoperca kawamebari was known to be restricted to the Tamjin River and several small streams flowing into the southern part of the West Sea, while C. herzi was widely distributed throughout South Korea except the areas inhabited by C. kawamebari: the two species were known to be allopatric. However, we found that both species were sympatric in the Boseong River, a tributary of the Seomjin River, and the Jiseok Stream, a tributary of the Yeongsan River. Local-scale distribution of the two Coreoperca species, fish assemblages, and environmental variables were surveyed to investigate effects of environmental factors on fish community structures in the Boseong River. Rank abundance distribution of fish community at the study sites indicated that fish species diversity and distribution pattern of the two Coreoperca species were closely related to habitat diversity. The result of canonical correspondence analysis showed that C. kawamebari was distributed in pool areas while C. herzi was found in the areas with higher water velocity and boulder substrate. These results suggested that species diversity of fish community decreased and only one of the two Coreoperca species inhabited at the sites with less diverse habitat, but on the other hand, high habitat diversity increased species diversity and allowed the two species to coexist.

집중점검-옥외광고업 등록제 실시

  • Kim, Chi-Won
    • 프린팅코리아
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    • s.54
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    • pp.108-111
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    • 2006
  • 2006년 끝도 얼마 남지 않았다. 올해는 옥외광고계에 있어 뜻깊은 한해였다. 먼저 월드컵을 비롯해 각종 지방선거, 대기업.광공서를 중심으로 불었던 CI교체 사업 등으로 굵직굵직한 물량이 잇따라 쏟아졌다. 이와 함께 2006년 옥외광고 종사자들의 최대의 관심사는 '옥외광고물등 관리법 시행령 입부개정령'시행에 모아졌다. 많은 이들이 촉각을 곤두세울 수밖에 없었던 이유는 지난 6월 24일부터 시행된 개정령이 옥외광고업을 신고제에서 등록제로 전환하는 내용을 핵심으로 달고 있기 때문이다. 그러나 당초 입법예고와는 달리 기술능력 기준이 확대되면서 찬반 논란을 낳고 있다 개정령의 세부내용 및 문제가 되고 있는 자격증 범위 확대 문제에 대해 알아봤다.

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The Legislative Directions about Surrogacy Contract on Civil law (민법상 대리모계약에 관한 입법방향)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.4
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    • pp.161-169
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    • 2013
  • Currently, there is no bill about Maternal Inference and the Family Law about surrogate birth in Korea. Also, Problems of surrogate mother were reported by media socially, but these discussions did not discuss continuously. Early in the course that establishing process of Bioethics and Safety Act, there was a discussion. But it cannot acceptance as Act, it issued legally and ethically. Despite the difficult of legal interpretation and ethical problem, the surrogate birth practiced covertly and frequently. And about this, our law just declared its invalidity because it is contrary to public order and good moral until recently. Therefore, if it leaves as invalidation, the problem about right of surrogate mother and the baby from her it may occur a serious social problem. From now, about the issue of surrogacy contracts the legal and medical countermeasures to be taken. Therefore, to solve many problems about surrogacy contract, consider the problem of surrogacy contract, also suggest legislative study about Korean surrogate mother based on legislative cases of foreign countries.

Arbitration awards against public policy; in regards to economic sanctions (공서양속에 반하는 중재판결: 경제제재에 대한 분석을 중심으로)

  • Han, Soomin;Kim, Jinbi;Lee, Jaehyuk
    • Journal of Arbitration Studies
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    • v.34 no.1
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    • pp.27-50
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    • 2024
  • This paper examines issues concerning conflicts between arbitral awards and public interests, particularly with respect to economic sanctions. Sanctions have been widely used by political entities, such as States and organizations, as means to promote public interests and to resolve cross-border disputes. In particular, economic sanctions have been increasingly more visible in recent years due to the accelerating fragmentation of the international communities, and their magnitude and range of the impacts have grown accordingly. For example, the U.S. and the EU have imposed economic sanctions on Russia and related persons in response to Russia's invasion of Ukraine. The U.S. recently re-introduced a comprehensive economic sanction on Iran. One of the notable impacts of the sanctions, particularly economic sanctions, is that on international arbitration. Sanctions are essentially built on the notion of the protection of public interests, and public interests are some of the few grounds upon which recognition and enforceability or arbitral awards may be rejected. However, jurisprudence on such conflict between sanctions and arbitral awards have not been sufficiently addressed in Korea because court case and administrative decision records on this conflict have not been sufficiently accumulated. In this regard, this paper begins with offering a survey of the concept of public interests, economic and trade sanctions, arbitral awards and their enforceability, and the relationships between them. It then examines the mechanism upon which public interests, trade and economic sanctions may lead certain arbitral awards unenforceable. Next, the paper suggests judiciaries' balanced approach toward the public interests protected by trade and economic sanctions and the predictability and fairness in the enforcement of arbitral awards. Finally, this paper concludes with the methods of the implementation of such balanced approach.