• The Korean Society of Law and Medicine
• /
• v.19 no.2
• /
• pp.99-137
• /
• 2018

Under the Korean law, there are two routes of involuntary civil commitment of the mentally-ill: involuntary commitment process under the Mental Health Act (MHA) and the guardian's commitment backed up by family court approval under article 947-2 (2) of the Civil Code. Despite of the recent fundamental revision of MHA in 2016, the Korean involuntary commitment law has still serious flaws, especially the lack of due process like prior notice, hearing, and independent guardian ad litem for the mentally-ill, which has been pointed out also by the Korean Constitutional Court. Thus, a re-revision is inevitable, and this time, we should proceed to rebuild the underlying structure of involuntary commitment. In this regard, it is crucial to eliminate the old-fashioned and unjustifiable burden as well as power of the so-called responsible person to protect the mentally-ill and to readjust the causes and standings to petition of the various types of involuntary commitment process. Also it is necessary to repeal involuntary commitment by guardian under the Civil Code, article 947-2 (2), which can no longer harmonize with modern involuntary commitment system.

• Structural Engineering and Mechanics
• /
• v.32 no.1
• /
• pp.167-178
• /
• 2009

Initial imperfections, such as initial deflection or remaining stress, cause deterioration of buckling strength of structures. The Koiter imperfection sensitivity law has been extended to describe the mechanism of reduction for structures. The extension is twofold: (1) a number of imperfections are considered, and (2) the second order (minor) imperfections are implemented, in addition to the first order (major) imperfections considered in the Koiter law. Yet, in reality, the variation of external loads is dominant over that of imperfection. In this research, probabilistic evaluation of buckling loads against external loads subjected to probabilistic variation is conducted by extending the concept of imperfection sensitivity. A truss arch subjected to dead and live loads is considered as a numerical example. The mechanism of probabilistic variation of buckling strength of this arch is described by the proposed method, and its reliability is evaluated.

• Journal of the Korean Institute of Navigation
• /
• v.5 no.1
• /
• pp.37-48
• /
• 1981

There are more damages from collision at sea because of the multiple reasons of sea conditions. For the purpose of avoiding collision at sea, Internaitonal Regulations for Preventing Collision at Sea, 1972 as an international convention is in force having the nature of international navigating law. According to the nature of the convention and the principle of legislation of the convention, not only it has the preventing nature on collision but it is a basic rules to make clear the faults of collision between vessels by the admiralty court in the developed maritime countries. Since there is no so much case law on it in this country and not to fixed the legal theory to define the faults of collision in civil law as per the above convention, the further study of the civil liability on collision based upon the above convention shall be recognized in the principle of fair of the civil law.

• Proceedings of the Korean Geotechical Society Conference
• /
• 2009.03a
• /
• pp.164-178
• /
• 2009

The importance of long-term performance of reinforced earth structures has been gaining its attention as the use of reinforced earth structures as load supporting structures is increasing. When using reinforced earth structures as loading supporting structures the stability as well as serviceability requirements must be met. In that respect the time-dependent long term deformation characteristics should be well understood. In this study the applicability of power law-based creep models for modeling of creep deformation of the components of reinforced earth structures are examined.

• Structural Engineering and Mechanics
• /
• v.77 no.6
• /
• pp.797-807
• /
• 2021

A new simple solution for critical buckling of FG sandwich plates under axial and biaxial loads is presented using new modified power-law formulations. Both even and uneven distributions of porosity are taken into account in this study. Material properties of the sandwich plate faces are assumed to be graded in the thickness direction according to a modified power-law distribution in terms of the volume fractions of the constituents. Equilibrium and stability equations of FG sandwich plate with various boundary conditions are derived using the higher-order shear deformation plate theory. The results reveal that the distribution shape of the porosity, the gradient index, loading type and functionally graded layers thickness have significant influence on the buckling response of functionally graded sandwich plates.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.74
• /
• pp.25-54
• /
• 2017

Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

• Journal of Arbitration Studies
• /
• v.25 no.2
• /
• pp.49-70
• /
• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• Journal of Arbitration Studies
• /
• v.23 no.4
• /
• pp.123-138
• /
• 2013

The surge of cross border trade and transactions has seen international arbitration fast emerging as the preferred mode of dispute resolution. This phenomenon is especially remarkable in the Asian region. The Singapore International Arbitration Centre ("SIAC") aspires to contribute to this growth as one of the leading arbitral institutions. The objective of this article is to provide an insight into the key features of SIAC Rules. This article has been divided into two parts; the first part discusses how the SIAC Rules are helpful in building bridges in international arbitration between the common law and civil law systems. We have attempted to throw light on how the SIAC Rules may be tailored by the parties to bring about a harmonization in the common law and civil law practices in the conduct of the arbitration proceedings. In the second part of the article, we discuss the two most popular procedures introduced in the SIAC Rules in 2010 i.e. 'Emergency Arbitration' and 'Expedited procedures'. The emergency arbitration provisions enable a party to obtain order(s)/award for urgent interim relief(s) upon commencement of arbitral proceedings but pending the constitution of the main Tribunal. The expedited Procedure provisions give parties the option of having their disputes determined in six (6) months from the date of the constitution of the tribunal.

• Journal of Arbitration Studies
• /
• v.17 no.1
• /
• pp.117-136
• /
• 2007

Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

• Journal of Korean Library and Information Science Society
• /
• v.23
• /
• pp.439-469
• /
• 1995

The purpose of this study is to develop a new domestic (national) law classification scheme with universality. An underlying reason for the development of this scheme reset upon the fact that Civil law system, Common law system, Socialistic law system have had difficulties each other and that current classification scheme covering three law systems have not been still in existence. From the comparative discussion of classification schemes that are the representative of each law system, a new national law classification scheme with universality was designed. If law classification scheme have been completeness, this new scheme must be combined with jurisprudence and international law classification scheme which was developed already.