• Journal of Arbitration Studies
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• v.20 no.3
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• pp.25-46
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• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

• Transactions of the Korean Society of Mechanical Engineers
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• v.14 no.5
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• pp.1166-1180
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• 1990

The study is concerned with the two-dimensional thermo-viscoplastic finite element analysis for radial forging as an incremental forging process. The deformation and temperature distribution of the workpiece during radial forging are studied. The analysis of deformation and the analysis of heat transfer are carried out for simple upsetting of cylinder by decoupling the above two analyses. A method of treatment for heat transfer through the contact region between the die and the workpiece is suggested, in which remeshing of the die elements is not necessary. Radial forging of a mild steel cylinder at the elevated temperature is subjected to the decoupled finite element analysis as well as to the experiment. The computed results in deformation, load and temperature distribution are found to be in good agreement with the experimental observations. As an example of viscoplastic decoupled analysis of hot radial forging, forging of a square section into a circular section is treated. The stresses, strains, strain rates and temperature distribution are computed by superposing material properties as the workpiece is rotated and forged incrementally. It was been thus shown that proposed method of analysis can be effectively applied to the hot radial forging processes.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.51-82
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• 2010

The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.

• The Journal of Society for e-Business Studies
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• v.16 no.3
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• pp.211-224
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• 2011

Since appearance of smart devices and cloud computing services, the social and economical values of administrative information have been magnified as valuable information. In order to make better use of various administrative information by diverse government organizations efficiently and effectively, information sharing based on legal systems is essential because of several obstacles including privacy. To suggest practical ways for using administrative information, this study categorized the administrative information sharing process, and analyzed the regulations and legal systems that are contradictory to the regulations. The result of analysis appears that there is a need of legislative base for well-defined business use of information, and a need of the organizations, that available to collect and manufacture the information. The results of this study can be expected to make legislation contributions not only for industries, but also by suggesting the policy making and guidelines to protect privacy and improve the quality of citizens' life.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.223-224
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• 2022

노후주거시설의 개보수의 필요성이 대두 되고 있으나 관련법규의 제약에 의해 내 외부 미관수선 정도에 그치고 있는 것이 현실이다. 그래 조금 나은 동선과 공간으로 수선시 법을 위반하여 불법 건축물로 낙인되어 지는 것이다. 경제적인 여유가 없는 노령층등 사회적 약자가 거주하는 공간은 더욱 더 열약하여 화장실, 주방, 수평이동 통로, 승강기등의 편의시설과 붕괴, 침하, 화재, 폭발, 오염등의 안전을 위협하는 위험요소의 제거등이 당장 필요하여도 미봉에 그치는 경우가 다반사이다. 또 이러한 노후 건물의 개보수는 신, 개축 보다 어렵고 비용도 많이 들면서 그 효과도 미미한 것이 사실이나 당장 신, 개축하기에는 관련 법규에 저촉되거나 주변 여건에 부합하지 않아 실시 할 수 없는 경우가 많아 이를 개선하고 합리적인 롤 모델을 만들고 필요하다면 관련법령도 정비할 필요가 있는 것이다. 노후되지 않아도 현시점에서 생활의 불편함을 느껴 개선할 필요가 있는 경우도 관련 법규의 유연함이 필요할 것이다. 본 연구는 이러한 노후 주거 시설 및 현실 여건에 맞지않는 주거 시설을 보다 쉽고 합리적으로 개 보수할 수 있는 여건이 조성되도록 관련 건축법령의 개선, 또 경제적 여유가 없는 저소득층의 개보수여건을 개선할 수 있는 정부지원방안, 이러한 노후 주거시설의 개보수가 부동산 시장에 어떠한 영향을 초래할 수 있는지를 기존 연구들과 비교하여 합리적인 방안을 도출하고저 함.

• Explosives and Blasting
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• v.22 no.3
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• pp.85-95
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• 2004

A damage criterion by blast vibration & noise has to be established through a engineering view point. Though a blast vibration has effects on human and structure, they have experienced a different damage. Thus, a damage criterion for structure needs to get a peculiar criterion which are different from one for human. At present, blast damage criterions authorized by government are Vibration & Noise Act made by Ministry of Environment and blast damage criterion of specifications for tunnel made by Ministry of Construction & Transportation. Vibration & Noise Act is based on the response of human, and while it has some application problems, it turns out to be partly rational. But, blast damage criterion of specifications for tunnel has unreasonable guidelines. In this article, its problems are reviewed and a alternative blast damage criterion is suggested.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.20 no.11
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• pp.2039-2044
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• 2016

This study aims to investigate the safety instrument to prepare the policy alternative for social web-board game which will be developed to base on social network in the future although social casino game is not available in Korea now. We reviewed several literature about responsible game system applied to especially U.S. New Jersey, responsible gambling system acted in the being advanced all countries. Game experts built up user protection model as previous work to prepare the law and policy which such a responsible game system will apply for current web-board gaem and future social casino game. As a result, this research revealed that standard of judgement which can identify four kind of addiction danger user group are raised. We expect to help this user protection alternative to provide the law and policy instrument for future social casino game and complement the problem of current web-board enforcement.

• Journal of Korean Classical Literature and Education
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• no.38
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• pp.175-200
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• 2018

From the point of view of the law and public morals in Yi-dynasty, it is possible to discover new meanings in the love of Chunhyang and Mongryong-Lee, the conflicts between Chunhyang and Hakdo-Byeon, and the rescue of Chunhyang by Mongryong-Lee as a secret royal inspector. First, although the love of Chunhyang and Mongryong-Lee was against the law and public morals of Yi-dynasty, the narrator did not call to account, but he described the love as a romantic and new one conflicting with the ruling system. And it was an unprecedented case that Chunhyang asked a written contract as a legal guarantee for marriage when Mongryong-Lee courted her. Second, Hakdo-Byeon, the Namwon county governor, accused Chunhyang, a female entertainer of the Namwon county, of disobedience to his oder and contempt of him, and interrogated her with torture when she denied his demand for bed service which was prohibited by law. Chunhyang refuted against him and regarded his demand for bed service as the rape of a married woman. In this process, narrator sharply contrasted Chunhyang's claim for human rights with Hakdo-Byeon's legal administration. Characters such as people of Namwon county and king did not call Mongryong-Lee to account for that he, as a secret royal inspector, allegedly used his power privately to rescue his sweetheart Chunhyang from Hakdo-Byeon's illegal oppression. These different judgements on legal administrations of Hakdo-Byeon and Mongryong-Lee came from the legal emotion of characters and reading publics of . Namely, people who sympathized with Chunhyang's claim for love and human rights had the legal emotion that Mongryong-Lee's administrative order suspending Hakdo-Byeon's govenor's status could be approved as an legal and exciting one. Therefore the love of Chunhyang and Mongryong-Lee implied a new legal emotion which based on the sympathy with Chunhyang's human rights consciousness, and regarded the positive law of Yi - dynasty as one behind times.

• Industry Promotion Research
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• v.8 no.2
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• pp.157-164
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• 2023

Since there are no related laws and regulations in the Korean private investigation industry, anyone can freely operate it if they report the business to the tax office. The reality is that companies hire PI to investigate rival companies and employees for specific reasons, as they generally rely on individual requests. The Korean PI industry is divided into two parts. The first are retired police officers and investigators who have experience in criminal investigation. The second are private citizen who can conduct investigation service activities runs a PI agency after everyone has registered with the tax office. It is no exaggeration to say that the current legal conflicts and legal problems that arise in the PI service cannot be ruled out because civilians are relatively less knowledgeable than PIs and legal experts. Therefore, in order for PI industry to operate stably in Korea, we will first study the concept and type of PI industry, comparative analysis of past PI laws, current status and reality of PI industry, and study the current status and references.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.