• Ocean and Polar Research
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• 제28권3호
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• pp.273-285
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• 2006

As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

• 건축사
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• 통권562호
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• pp.112-121
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• 2016

• Journal of Information Science Theory and Practice
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• 제4권3호
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• pp.71-83
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• 2016

Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM), and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

• 무역상무연구
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• 제54권
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• 의료법학
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• 제15권1호
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• pp.263-302
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• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• 의료법학
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• 제21권1호
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• pp.3-32
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• 2020

판례는 의사의 위험설명의무 위반에 대하여 그것과 환자의 동의 사이의 인과관계가 불분명한 때에는 위자료를 지급할 의무를 지우고, 인과관계가 증명되는 경우에는 민사상 전손해배상, 형사상 업무상과실치사상의 책임을 묻는다. 그러나 어느 경우든 설명하지 아니한 위험이 실현될 것을 요구한다. 그 결과 대부분의 사안에서 위자료책임이 인정되었는데, 이는 위험설명의 대상이 되는 위험을 매우 넓게 인정하는 또 다른 판례와 결합하여 의료과오가 증명되지 아니할 때 우회적·간접적으로 일정 부분 배상을 확보하는 사실상의 기능을 갖는다. 그러나 의사의 설명의무가 의료문화로 정착해가면 갈수록 설명의무 위반이 줄어들고 그 결과 어쩌다 우연적으로 약간의 배상을 제공하는 외에는 오히려 설명대화를 위험의 형식적 나열로 변질시키는 부작용이 두드러지게 된다. 본래 설명의무는 환자의 자기결정을 돕기 위한 것이므로 발생한 악결과가 설명의무 위반에 귀속되는지 여부도 환자의 구체적 자기결정과정을 고려하여 가려야 한다. 즉, 환자가 특정 위험에 대하여 특별한 선호를 갖고 있는 경우에는 그 위험이 제대로 설명되었는지, 그리고 제대로 설명되지 아니한 바로 그 위험이 실현되었는지를 보아 그것이 인정되는 경우 전손해배상을 인정함이 옳고, 그 이외의 경우, 특히 환자가 전체적으로 자신이 감수하는 수준의 위험과 기대효과에 노출된 것인지에만 관심을 갖는 경우에는 개개의 위험의 설명 여부나 그 실현 여부를 문제 삼지 아니하는 것이 옳다. 뒤의 경우 세부사항을 설명하지 아니하였는데 그 위험이 실현되었다 하여 인과관계와 귀속관련을 고려하지 아니한 채위자료 상당의 책임을 인정하는 것은 정당화되기 어렵다. 이러한 점은 형사법에서 피해자 승낙에 의한 위법성조각에도 타당하다. 이 경우 이른바 가정적 승낙은 위법성조각사유로서 동의의 요건 자체에 흡수되고 독자적인 항변이 되지 아니하는 것이다.

• 무역상무연구
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• 제66권
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• pp.149-170
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• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• 수산경영론집
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• 제34권1호
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• pp.69-85
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• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

• 보건교육건강증진학회지
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• 제16권2호
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• pp.19-40
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• 1999

In order to ascertain the attitudes of residents to their health and the National Health Promotion Law, surveyors interviewed 1,220 subjects, 1% of men and women in Kyungsan city, who were twenty-year-old or more. The major findings are as follows: Men and women were 48.2% and 51.8%, respectively. The recognition rate of enacting and enforcing this law is 59.2% of men and 51.3% of women. With regard to the behavioral attitude to the health in the distinction of sex and age, current smokers are 31.2% of the interviewees, 61.6% of the men and 3.3% of the women. Current drinkers are 35.1%, 59.5% of the men and 12.3% of the women, but on the other hand there is little significance in the distinction of age. The acknowledgement proportion of enacting and enforcing this law is 59.2% of male and 51.3% of female. In terms of the recognition rate of the contents according to the general characteristics of interviewees, it appears that the indication of a warning expression on a packing paper of cigarette case and a liquor bottle is 92.4% and also the designation of a smoking free area in public facilities is 94.8%. Prohibition of cigarette-sale to the teenagers who are under 19, is 96.0%. Considering these facts, the recognition rate is high. On the contrary, 48.8% is accounted for encouraging a medical check-up before marriage which is in a low position. As a result of multiple behavior as a independent educational level, marital significant variables. In case of having undergone a periodic medical examination the recognition rate was high whereas frequent exercise led to the low recognition rate. Concerning the details of the undertaking in accordance with each factor of general characteristics, the greater part of them have been appraised successfully whether it is recognized or not. On the other side, no effect got answered about the result of the undertaking subjects to general and peculiar behavior attitude towards health was in effect or not. A great majority approved of more reinforcement of legal regulation about smoking and drinking regardless of whether they perceived the details of the law of promotion of National Health Promotion Law or not. Additionally there was significant difference in reinforcing legal regulation of smoking and drinking in compliance with the attitude of the substance of this law. With regard to education, public relations and evaluation about national health through public health centers by our government, the younger and the higher in education they are, the more deficient they feel. First of all, those who were aware of the enforcement of this law as well as plenty of scarcity answered that better service of disease prevention had to be expanded than ever. In consideration of the above-stated results, the education to public health and the business of public relations should be reinforced and a practical campaign for health life should also spread out for the purpose of encouraging to practise healthy life-style.

• 항공우주정책ㆍ법학회지
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• 제19권1호
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• pp.79-107
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• 2004

차폐이론은 영구적 장애물에 의해 차폐되는 음영면 이하의 장애물에 대하여는 제한고도를 초과하더라도 그 건축을 허용하는 이론이다. 동 이론은 ICAO의 권고사항으로 규정되어 있고, 현행 군용항공기지법도 2002. 8. 26. 개정을 통해 동 이론을 반영하였다. 그러나, 군용항공기지법의 경우, 45미터라는 일률적인 차폐기준을 설정하고 있는바, 이는 외국의 사례에서 찾아보기 어려운 독특한 입법 형태이다. 재산권 제한의 완화와 동시에 비행안전을 고려하여 비행장별, 구역별, 지점별 차폐정도를 구체적 타당성 있게 고려하도록 하는 것이 차폐이론의 본질이다. 이러한 본질에 비추어 볼 때, 획일적인 기준을 설정하고 있는 군용항공기지법에 대해서는 차폐이론의 본질을 오해하고 있다는 문제를 제기해 볼 수 있다. 이러한 문제제기를 시작으로 본고에서는 차폐이론을 반영하고 있는 군용항공기지법 제8조 제2항의 문제점을 검토하고, 바람직한 개선 방향을 제시하고자 하였다. 우선, 차폐기준을 설정하고 있는 ICAO나 외국의 사례를 검토하였고, 차폐이론에 대한 국내법적 근거와 군용항공기지법상 차폐기준의 특성을 논의하였다. 이를 바탕으로 차폐이론의 일반적 문제점과 동 이론을 반영하고 있는 군용항공기지법의 문제점을 살펴보았다. 궁극적으로는 일률적인 차폐기준을 설정할 것이 아니라 비행안전심사를 통해 비행장별, 구역별, 지점별 차폐정도를 구체적 타당성 있게 고려해야 할 것이라는 입법론을 제기하고 있다.