• Journal of the Korean housing association
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• v.14 no.6
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• pp.33-40
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• 2003

The purpose of this study was to analyze the architect's Administrative Tribunal cases related to housing projects. We collected the 271 decisions of Administrative Tribunal cases from 1985 to 2001 through the Ministry of Legislation data base. As a conclusion of research, most of cases are caused during design process and supervision of construction which are major roles of architects. We can find out that the number of cases of Administrative Tribunal about housing is 10% more than other types of building. And this situation is more serious in supervision building phase. It proves that housing project has more possibility of violation of law than other types. Because it belong to an economic problems. In Korea, clients of housing project tend to take more profits by taking an illegal acts； like enlargement of a building, construction border violation. illegal construction balcony and so on. And architect who roles to be a supervisor is liable to these problems but he has not much authority and economical benefits. Through this research we can analyze this situation and make know what is problem.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.133-159
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• 2019

This paper reviews 2019 new arbitration rules of Japan Commercial Arbitration Association (JCAA). JCAA has amended its Commercial Arbitration Rules, and its Administrative Rules for UNCITRAL Arbitration. Also, it has introduced a new Interactive Arbitrations Rules. These new rules take effect from 1 January 2019. First, principal amendments of JCAA Commercial Arbitration Rules are such as arbitrator impartiality, tribunal secretaries, no dissenting opinions, expedited proceedings, arbitrator fees, administrative fees. Second, JCAA's new Interactive Arbitration Rules compel communication from the arbitral tribunal to the Parties and introduce a system of fixed compensation for arbitrators. Third, JCAA's Administrative Rules for UNCITRAL Arbitration are designed to provide the minimum essentials to allow the UNCITRAL Rules to be overseen by an institution. The only significant updates focus on arbitrator remuneration. This paper presents the intent and some implications of JACC's 2019 new rules for Korean Commercial Arbitration Board (KCAB) arbitration rules. Also, it seeks to provide a meaningful discussion and improvement on the facilitating of arbitration system in Korea.

• Journal of Fisheries and Marine Sciences Education
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• v.25 no.3
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• pp.564-579
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• 2013

The purpose of Maritime Safety Tribunal is that experts about ship operation investigate and reveal causes of marine disasters and suggest plans to prevent recurrence in Korean Maritime Safety Tribunal which is a kind of administrative court. Despite the fact that 72% of marine disasters is fishing vessel accidents and 75% of collision accidents between vessels which most occur is related to fishing boats, it is the very serious problem that there is no any person with licenses of marine technicians for fishing vessels in judges and investigators of Korean Maritime Safety Tribunal. The operational characteristics of fishing vessels, their sizes, and shift patterns of duties in wheelhouses are completely and incommensurably different from those of merchant vessels. By the way, if the investigators and judges who just consist of merchant vessel experts investigate and judge marine accidents about fishing vessels, there could be errors in establishment of policies to investigate and reveal their causes and prevent recurrence of accidents. Especially, in case of collision accidents between fishing vessels and merchant vessels, it is thought that the marine accident interested provides causes which can be doubtful about fairness of judges. Therefore, it is thought that the ratio of judges and investigators is most desirable to compose it to be similar to the occurrence frequency of marine accidents. For this, the following solution plans are suggested. First, qualification for appointment requires first class marine technicians. But there is the only one vessel which needs the first class in fishing vessels. Therefore, it is thought that the provisory clause should be added so that the second class marine technicians can be used instead of the first class ones. Second, the marine accidents of fishing vessels reach 72% but the fact that there is no any judge and investigator with licenses of marine technicians for fishing vessels is thought to go against the purpose of establishment of Korean Maritime Safety Tribunal. Therefore, it is thought that there is, at least, one more judges and investigators in the central and local Korean Maritime Safety Tribunals. The same method should be applied to judge assistants and investigation assistants.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.49-65
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• 2010

The expanded role of courts in arbitral procedures is said to have certain detrimental effects on the cost-effective approach to arbitration. This is the case when the court is appointing an arbitrator, pursuant to the specific domestic legal regime. The danger of decisions, especially those with expanded role of courts can create delays and hurdles. Even with contradictory viewpoints, the role of the court should complement the arbitral tribunal and not impede the functioning of arbitration independent of the judicial system. In this paper, two recent cases in Korean Supreme Court are reviewed, trying to find the proper implications on further arbitration practices especially in the stage of arbitrator appointment. Even though the proper appointment of arbitrators is essential to the existence of valid arbitration proceedings, appointment of arbitrators by the courts should constitute an administrative power, and not a judicial power. The cases reviewed make clear that the court must play a facilitative role in international commercial arbitration by assisting the parties in appointing the arbitral tribunal, the court intervention must be kept to a minimum.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.145-164
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• 2007

The Arbitration costs provided in Article 31 consist of arbitrators' fees, arbitrators' expenses, ICC administrative expenses, expenses of experts appointed by the Arbitral Tribunal, and parties' costs. Among them the first three items are independently determined by the Court in accordance with the Scale, while another two items are determined by the arbitrator and each party. The three items determined by the Court are communicated by Secretariat to the Arbitral Tribunal for inclusion in the award following the approval of the draft submitted to the Court. Also the final award may decide which of the parties shall bear them or in what proportion they shall be borne by the parties. According to Article 31(3), the arbitrators have complete jurisdiction or discretion to allocate the costs. Three common approaches are as follows; First, all of the costs are borne by the losing party. Second, all of the costs are allocated in proportion to the outcome of the case. Third, all of the costs determined by the Courts are shared equally by the parties and both parties bear their own costs. But, both parties may include intentions in accordance with the principle of party autonomy. For example, if the parties wish to ensure that the arbitration costs be shared equally and that the arbitrator make no allocation of costs or fees, the following sentence could be added to the arbitration clause in their contract. "All costs and expenses of the arbitrators [and the arbitral institution] shall be borne by the parties equally; each party shall bear the costs and expenses, including attorneys' fees, of its own counsel, experts, witness and preparation and presentation of its case" And also, if the parties wish expressly to link any allocation of costs, and fees to the result of the award the following could be added to the arbitration clauses. "The arbitrators may award to the prevailing party, if any, as determined by the arbitrators, its costs and expenses, including attorneys' fees"

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.54-63
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• 2022

The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.71-91
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• 2010

ADR is alternative dispute resolution that includes mediation, adjudication, arbitration, conciliation and ombudsman schemes. ADR may be an alternative to going to court or to a tribunal. The main types of ADR are conciliation, arbitration or mediation and ADR is divided into national leading ADR and private lading ADR and national leading ADR includes court-annexed ADR and administrative ADR. Court-annexed ADR has become a well established feature of the judicial systems on a global basis. The bulk of court-annexed ADR in Glove is by way of mediation. Thus each nation takes part in ADR by court involvement and Enactment of ADR-related Laws. And the involvement of nations have both the regulative character and promotive character in ADR. In addition to the national leading ADR, the private leading ADR also must be activated as United Kingdom. Thus this paper deals with national leading ADR and private leading ADR and the purpose of this paper is to contribute to the activation of ADR by studying the promotion and limited the involvement of nation in ADR and private leading ADR in United Kingdom.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.125-134
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• 2022

The Korea Maritime Safety Tribunal is an institution that investigates marine accidents in accordance with the maritime safety adjudication procedure when marine accidents occur. It requires its investigators to be capable in specializing in marine accidents, including possessing the following: a level 2 or higher maritime license, experience on boarding, and specialized knowledge on ships. It also requires separate training for technical competency related to maritime accident investigations. However, the current education for marine accident investigators mainly consists of administrative tasks, which is not suitable to improving the investigator's technological competency, making its development urgent. This study aims to design training contents for marine accident investigators to strengthen their technical competence. To this end, we analyzed the contents of current investigator training, and reviewed the relevant laws and regulations, and training contents of investigators in advanced maritime countries and similar transportation institutions in Korea. According to the results, the training contents were designed to focus on strengthening technical competency, and proposed as a five-day course for basic and professional training. Based on the designed training contents, if in-depth research is conducted by sufficiently reflecting the working conditions of marine accident investigators in Korea, it will greatly help in improving the investigators' skills.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.121-144
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• 2007

The International Chamber of Commerce has been the world's leading organization in the field of international commercial dispute resolution. Established in 1923 as the arbitration body of ICC, the International Court of Arbitration has pioneered international commercial arbitration as it is known today. The ICC International Court of Arbitration is the world's foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. The purpose of this paper is to examine their advantages and to introduce main contents provided in ICC Rules of Arbitration as follows; First, before the actual merits of the case can be addressed, the Arbitral Tribunal must first draw up the Terms of Reference. The Terms of Reference should include the particulars listed in the ICC Rules. Apart from the full names and description of the parties and arbitrators, the place of arbitration and a summary of the parties' respective claims, they contain particulars concerning the applicable procedural rules and any other provisions required to make the Award enforceable at law Second, the Scrutiny is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules. The scrutiny system has two aspects ; the first is to identify or modify the defects of form, while the second is to draw the arbitrators' attention to points of substance. Third, as soon as practicable, the Court fixes an advance on costs intended to cover the estimated fees and expenses of the arbitrators, as well as the administrative expenses of ICC. Specially, the advance on costs fixed by the Court shall be payable in equal shares by the Claimant and Respondent. Finally, the parties are also free to select the arbitrator or arbitrators of their choice. The Court or the Secretary General confirms arbitrators nominated by the parties. Taking a step forward, to upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the main contents of the ICC Arbitration into Korea Commercial Arbitration Rules.

• Management & Information Systems Review
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• v.38 no.4
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• pp.61-78
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• 2019

When calculating gains from transfers of assets inherited or donated, the value recognized at the market price as of the date of inheritance or acquisition is recognized as the actual transaction value at the time of acquisition. However, Precedents for the appeal for review by the NTS, the request for adjudgment by the Tax Tribunal(TT) and the request of examination by the Board of Audit and Inspection of Korea(BAI) and the cases of the lawsuit have not shown a consistent results on how much such a the actual transaction value will be measured. This study investigates the operating state of the current tax appeal system using the statistical data of the TT, NTS, and BAI and cases of the lawsuit from 2008 to 2017, and suggests the Improvement of Capital Gains Tax Act on the transfer of inherited and donated property. As a result, total number of requested cases has diminished because cases of the pre-assessment review and the reconsideration appeal by the NTS have decreased steadily over the past decade, while the cases of the lawsuit and the administrative trials(the request for adjudgment by the TT, the appeal for review by the NTS, and the request of examination by the BAI) have been steadily increasing. Also This study found that more than 40% of the complainants proceeded with the cases of the lawsuit proceedings in disagreement with the disposition of tax dissatisfaction under the administrative trials. In addition, Even though the retrospective appraisal price is not recognized as the market price due to the strict interpretation of the tax regulations, it can be seen that it is interpreted as a more expanded concept in the application of the market price than the government office or the tax judge. Therefore, according to the precedents of the cases lawsuit, it is necessary to establish a regulation on the recognition of retroactive appraisal value.