• 항공우주정책ㆍ법학회지
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• 제27권1호
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• pp.157-169
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• 2012

China's Space Activities in 2011 (thereafter 2011 White Paper) was published by Information Office of State Council of the Peoples Republic of China on December 29, 2011, and it was the third space white paper after 2000's space white paper and 2006's space white paper. The 2011 White Paper summarizes splendid achievements China had received in space area since 2006, and systematically introduces the principles of China's space activities; at the same time, it also presents the world the policies, measures and key areas of China's space activities in the following five years. This 2011 White Paper is the most detailed, concrete, and integrated elaboration of China's space policy, and it will be the guideline for China to explore outer space with peaceful purpose in the next five years. Compared with 2000's and 2006's White Papers, the 2011 White Paper indicated that Chinese government adjusted space policies under the new circumstance. The 2011 white paper stressed China's position on use of outer space for peaceful purpose and highlighted the new idea of scientific and innovative development in space industry in the next five years.

• 한국중재학회지:중재연구
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• 제26권3호
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

• 무역상무연구
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• 제77권
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• pp.285-304
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• 2018

With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

• 항공우주정책ㆍ법학회지
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• 제27권2호
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• pp.193-209
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• 2012

China's airline industry is experiencing a booming development as one hand, on the other hand the incidents involving unruly behaviour on board aircraft also becomes a growing concern for the whole industry. The thesis examines the basic issues concerning the unruly behaviour, such as definition of unruly behaviour, the impact and root causes of unruly behaviour. Then it focuses on the China's legal sources governing the problem of unruly behaviour. Generally speaking, China's legislation with this respect is systematic and self-contained, except some minor shortcomings which need to be revised. Finally the thesis holds the view that the preventative measures jointly contributed by all the parties concerned are something more important than the legislation itself.

• 한국컴퓨터정보학회논문지
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• 제21권12호
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• pp.213-218
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• 2016

China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

• 한국농촌건축학회논문집
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• 제22권4호
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• pp.87-95
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• 2020

People with disabilities are an important part of society. The world has a huge population of disabled people. Therefore, it is important to study the establishment and improvement of the disability welfare law. To carry forward the humanitarian spirit and develop the cause of the disabled is a signㄴ of social civilization. Improving the welfare system for the disabled is conducive to social progress. Disabled people have the same right to pursue a happy life as non-disabled people. Now, South Korea, China and Japan all have disability welfare laws. But the content of welfare law is not the same. China's welfare law for the disabled is also very detailed, but there are many problems. Such as education, medical care and so on. Therefore, through this study, to understand the perfect disabled persons' system in other countries, will play a positive role in the development of China's disabled persons' welfare law in the future. By comparing the welfare laws of the three countries, we can learn from each other and make progress. To contribute to the development of the cause of the disabled.

• Ocean and Polar Research
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• 제30권1호
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• pp.119-128
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• 2008

Japan's new Basic Ocean Law took effect in 20 July 2007. This law contains that 1) calls for the consolidation of eight government offices that previously worked separately on maritime issues; 2) establishes a basic plan for maritime matters, and; 3) creates a comprehensive maritime policy headquarters, run by the Prime Minister. The result is a structure for the integrated promotion of maritime policy. The Minister of Land, Infrastructure and Transport has been appointed to the newly established position of maritime minister. Japan has been in conflict with Korea and China over EEZ and territory, which has caused the country to turn to ocean. If Japan puts more emphasis on sea, it will be on a collision course with neighboring countries such as Korea, China, Russia, and Taiwan. Japan has been at odds with these countries; with Korea over Dokdo islets, with China over the Senkaku Islands and the East China Sea, where gas fields lie, with Taiwan over fishery rights in the East China Sea, with Russia over the Kuril Islands. Korea's position about the establishment of Japan's new Basic Ocean Law is followed: 1) expression of Korea's position in maritime resourcces of east china sea, 2) understand of strategy for maritime resources development and maritime delimitation in China and Japan, 3) a caution for extention of EEZ and maritime activities, 4)effective and comprehensive policy establishment, and strength in R&D, 5) construction of active and responsive system for maritime issues in neighbor country.

• Strategy21
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• 통권40호
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• pp.131-143
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• 2016

On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

• 무역학회지
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• 제41권1호
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• pp.21-39
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• 2016

본 연구는 중국에서 점점 이슈가 되고 있는 병행수입 시스템의 법적 문제를 분석하였다. 현재 중국에는 병행수입에 대한 법률이 없으므로 중국 법원은 병행수입 사건을 판결할 때 원고의 소송 청구에 따라서 「전리법(專利法)」, 「상표법(商標法)」, 「반부정당경쟁법(反不正當競爭法)」 등 여러 법률에 의해서 다르게 판결하고 있다. 따라서 동일한 사례임에도 불구하고 법관과 적용 법률에 따라서 다른 결론이 나고 있다는 것이 문제로 지적된다. 본 연구에서는 병행수입의 개념과 이론적 근거를 살펴보고, 중국의 대표적인 3개 사례를 통해서 중국법원이 병행수입 판결에 대한 시사점을 파악하고, 입법 필요성을 제시하였다.

• 한국중재학회지:중재연구
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• 제18권3호
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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.