• Journal of the Korea Society of Computer and Information
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• v.23 no.6
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• pp.75-79
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• 2018

The purpose of this paper is to introspect again the role of the criminal law at a time when it is said that numerous criminal and legal discussions are needed to develop the so called "reply manipulation " case that is shaking the nation's political history. The research method considered the literature and precedents discussed in the past, and discussed the issue of subculture abuse caused by the internet, which is a product of convenience and affluence that came with the Forth industrial revolution through criminal law. Through a computer program, a discussion was held on what penalties would be imposed on the criminal law for attempting to manipulate public opinion by manipulating the so-called number of comments or Reaction. Question of whether the criminal law should further emphasize the need for a discussion on the need for a method to strengthen the preventive functions of the criminal law and expand the scope of punishment in order to address new causes of risk that came with the development of science. Without reflecting on whether such as "government-inspired demonstration "would be possible in today's world that was in the public perception of the authoritarian government of the past, it is a problem to see that the political goals of a particular group can be achieved by manipulating comments or creating public opinion on the Internet. The duty of criminal law is to protect the interests of the law. The role of the criminal law should be maintained the self limiting as far as possible in cases of violation or danger of the law. Still, it is a problem that the role of the criminal justice system today is too aggressive and is seen as a top tool rather than a last resort for solving problems. he role of the internet will be expanded further in the Hyper Connected society. To solve these problems, we should look forward to a change in the priority of other laws and policies other than criminal law.

• Korean Journal of Social Welfare
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• v.38
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• pp.33-67
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• 1999

This study is the second phase of the author's larger attempt to investigate the factors affecting housewives' caregiving behavior to their elderly parents-in-law. Specifically, it revises and expands the previous model (1998) and develops a new one by rectifying the three major problems inherent in the previous study: (1) misspecification error; (2) non-equivalent comparison of results between the father-in-law model and mother-in-law model that stems from the inclusion of heterogeneous group of caregivers; (3) measurement problems for the two endogenous variables of eldercare attitude and behavior. To do this, the current study proposes a more comprehensive model by additionally incorporating other salient exogenous variables, renders the comparison of results between the father-in-law and mother-in-law models equivalent by including only homogeneous group of caregivers (i. e., only those housewives whose parents-in-law are both alive), and introduces standardized measurement scales for the endogenous variables. Estimation of the model in terms of maximum likelihood procedures in LISREL8 attests to a better overall performance over the previous model when judged from several criteria such as coefficient of determination, model fit statistics, proportion of significant causal paths, and measurement properties of reliability and validity for the variables. Interpretation of the findings suggests several salient theoretical implications that concern such crucial issues as the inconsistency between eldercare attitude and behavior, patterns of association among the subdimensions of eldercare, and the difference in the antecedents explaining attitude as opposed to behavior of eldercare. In particular, the finding that indicates almost no differences in the determinants between the father-in-law and mother-in-law models suggests a strong case to argue that caregiving behavior to fathers-in-law and mothers-in-law, respectively, is likely to be a uniform phenomenon sharing virtual1y the same antecedents, and that a unified single model is sufficient to account for caregiving behavior to both parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.25-49
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• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.29-63
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• 2006

This paper studied and introduced the aviation law cases in applying the treaties of the Warsaw System to the liability of the international air carrier by categorizing four main sections. Firstly, this paper handled the cases regarding the defining an international flight, exclusivity of the treaties as international air carrie's liability Convention, determining treaty relationship between the countries which one country has ratified only the Hague Protocol, an amended version of the Warsaw Convention, while the other has ratified only the original, unamended Warsaw Convention. Annotation assisted the case if it needed. Secondly, the cases relating to the issues of actual and contracting carrier, successive carrier, agents and servants of the carrier and others were studied. Thirdly, the issues relating to the accident in the course of any operations of embarking or disembarking of passengers, the occurrence during the transportation by air of baggage or goods and delay in the transportation by air of passengers, baggage or goods in addition to the cancellation of the flights were studied according to the applicable range. Fourthly, I studied the time issue with effective date of the treaties. Conclusively, it is not excessive to emphasize the importance of cases in Aviation Law like all other legal areas, therefore, a full-dress future reaserch of aviation cases is expected in here Korea with this paper as a foundation although it studied and introduced only a part of numerous aviation law cases.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• Journal of Distribution Science
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• v.11 no.10
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• pp.47-53
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• 2013

Purpose - Six months have passed since the amendment of the SSM regulation law; however, as yet, there is no confirmed research or report on the effects of this amendment, which are indefinite. Further, there have been no attempts to study the effects of the SSM regulation law from the consumers' viewpoint, which is important because consumers are the main agents that are greatly influenced by the amendment law. Therefore, this study aims to investigate the consumers' attitude toward the SSM regulation law as well as the effects of the SSM regulation law on the changes in purchase behavior. Research design, data, and methodology - This study was initiated from four research problems that are linked to consumer reaction to the SSM regulation law. Research problem 1: What is the consumers' reaction (perception, attitude, and perceived fairness) to the SSM regulation law? Research problem 2: How do the consumers' reactions to the SSM regulation law differ by consumers' characteristics? Research problem 3: Could the SSM regulation law change a consumer's purchase behavior? Research problem 4: Is it necessary to amend the SSM regulation law? This study collected the data through the interview and survey of housewives for the purpose of solving the research problems. The interview was conducted as a pilot study for the field survey. We interviewed three housewives, who were: an employed housewife, a full-time homemaker, and a manager of a housewife club, respectively. We then conducted a field survey of 232 housewives who were housewife club members or elementary school parents in Chunghcheong-do. Results - We verified the reliability and validity of the data, and analyzed it to solve the research problems. The main findings of this study were as follows. First, consumers still have a positive attitude toward large discount chains and SSM, which has been the case since the law was introduced. Second, perceived risk of consumers associated with traditional markets and small neighborhood shops was low. Third, consumers think that amendments of the SSM regulation law are important, and they positively assess the satisfaction, necessity, and propriety of the law. Fourth, although the SSM regulation law caused inconvenience to consumers, this law did not have any influence on the usage frequency and the use-behavior of large discount chains. Finally, consumers reacted very negatively to the toughening up of the SSM regulation law. Conclusions - In short, consumers still have a positive attitude toward the SSM regulation law. However, this act did not have any influence on the use-behavior of large discount chains (General Super Market). Thus, policy making authorities require active communication and promotions to enhance the effect of the SSM regulation law. This study was of the nature of exploratory research, which did not focus on hypothesis testing, but on finding solutions to the research problems. Therefore, this study is no more than a simple data analysis. Future studies should attempt to investigate the actual effects of the SSM regulation law, on the basis of sufficient literature review and real sales data.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.195-214
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• 2018

In order to analyze the current status of trade with Korea and FTA partner countries, the Trade Intensity Index and the Market Comparative Advantage index were calculated and analyzed using panel gravity model. In the case of trade, trade intensity index has been strengthened according to each FTA enforecement, and in some cases, trade inensity has been weakened. In the case of the comparative advantage index, there was a case in which the comparative advantage was strengthened or the comparative advantage was not significantly changed according to each Chapter of HS code. This means that the Korea's FTA enforcement effect has not directly affected the increase of the trade intensity and the increase of the market comparative advantage index. The panel gravity model using the trade intensity and the comparative advantage index as the dependent variable and the trade volume between the two countries as the dependent variable was analyzed.

• Korean Journal of Human Ecology
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• v.24 no.5
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• pp.631-643
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• 2015

In that marriage immigrant women' birth rate are higher than those of Korea women, they were selected to suggest pronatalism in Korea. The purpose of this study is to explore the child birth intention of marriage immigrant women. One of qualitative study, case study was used in methodology. Participants were 10 marriage immigrant women, depth interview were conducted. The major results were categorized facilitators and inhibitors. Facilitators were 'number of origin family members', 'absence or weakness of family planning', 'successful experience of the first child birth', 'no difficulty in childbearing', 'recommendation of mother-in-law', 'child' positive effect in Korea life adjustment'. Inhibitors were 'insufficient economic condition', 'husband' old age and the opposite of mother-in-law', 'dissatisfaction with marriage life', 'lack of government' support'. Based on this results, practical implications and interventions were suggested.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.79-104
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• 2010

The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.