• 한국중재학회지:중재연구
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• 제17권2호
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• pp.23-41
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• 2007

The role of ICC Court of Arbitration in ICC Arbitration is critical in maintaining the good reputation and worldwide recognition. While most arbitration institutions are the products of regional on national private associations, which play a relatively limited role in appointing or confirming the arbitrators, the Court of Arbitration is not only international in the appointment of arbitrators through the each National Committee, but also intervene in the confirmation of the prospective arbitrators proposed by the parties. Thus the ICC Arbitration is undoubtedly the most highly-supervised form of institutional arbitration available. The purpose of this paper is to examine the appointment and confirmation system of ICC Arbitration, to find the distinctive features of the ICC Rules of Arbitration and to check how to apply the features in the Rules of International Arbitration for the Korean Commercial Arbitration Board(KCAB Rules). Although the KCAB Rules have inherent limitations in the appointment of the arbitrators comparing with the ICC Court. They do not have any confirmation system of the arbitrator proposed by the parties. Although no arbitral institutions is in a position to guarantee completely the ultimate quality and efficacy of the process, the ICC, more than any other institution has historically endeavored to do so through a combination of the efforts of its International Court of Arbitration and National Committees. Composed of legal professionals of more than 75 nationalities, the Court, with the support of its permanent Secretariat in Paris, brings to bear on the decisions that it is responsibility to make the collective and disparate knowledge and experience of a multinational body. Therefore, if the KCAB wants to attract many international disputes, it should try to benchmark the ICC Rules of Arbitration, expecially the Article 9, to secure the prominent arbitrators throughout the world, even though a lot of limitations are exist. The positive role of the ICC Court of Arbitration gives us very important signal.

• 한국중재학회지:중재연구
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• 제19권2호
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• pp.49-72
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• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2002년도 추계공동학술대회논문집
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• pp.27-32
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• 2002

여러 자료에 따르면 우리나라에도 정확한 수는 알 수 없지만 상당량의 보물선이 침몰되어 있을 것으로 추정된다. 이에 최근 우리나라 영해에서 보물선 탐사작업이 활발히 이루어지고 있다 몇 건의 문화재 관련 발굴 사례 이외에는 아직까지 뚜렷한 성과가 없지만 앞으로 계속적인 발굴작업으로 인하여 보물선 발굴 사례의 가능성은 크다고 볼 수 있다. 이에 만약 침몰선을 인양했을 경우에 발생되는 법적인 문제들과 그 절차들, 그리고 침몰선의 소유권과 관련한 국내법적 문제 및 해결방법들과 국제법적 문제 및 해결방법들에 대해서 살펴보고 현재 존재하는 법시스템의 몇가지 문제점을 제시하고자 한다.

• 인터넷정보학회지
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• 제14권4호
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• pp.63-76
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• 2013

This short report introduces the general background why Brazil conference is being prepared and what topics would be undertaken and what goals are being taken into account. It overviews what differences from traditional telecommunication governance, internet governance has had in its historical development and how such differences had been formed from its technological differences and the regulatory policy shift from common carrier regulation to privatization. Moreover, the fact that open, voluntary, bottom-up, diverse stakeholder's participation had evolved throughout the historical development of the internet, had established the present multistakeholder governance model from technological standardization to addressing scheme policies. ICANN, which has governed internet addressing schemes since the earlier 2000s, had developed address policies including IANA function from Jon Postel and technical community's legacy management system into contract based formation between ICANN and gTLD, ccTLD registries. And it made dispute resolution policies responding to trademark disputes and resolved gTLD monopoly issue by introducing new TLD generation and the separation of registry and registar. However, there had been challenges on the legitimacy of ICANN due to its dependency on the Federal Government of the U.S. particularly in its oversight role over ICANN and IANA contract. WSIS raised up internet governance issues including addressing governance, and set up IGF as a discussion platform for multistakeholders to discuss and share all views on other internet related public policies. IGF's loose and non-binding discussion once frustrated governments and other stakeholders, but more focused discussion and visible outcomes have consolidated its unique role for internet governance discourses. Particularly, IGF addressed many emerging internet related issues like cybersecurity, privacy, net neuratlity, development related issues. WTPF of 2013, after WCIT debate on whether traditional telecommunication regulation could be applied to internet infrastructure, suggested other governance issues such as the transition to ipv6, IXP coordination etc. How to make sure the legitimacy of internet addressing governance and how and where other internet related public policies could be undertaken are fundamental tasks for internet governance. Brazil conference, which has been motivated by the breakdown of trust in internet governance from NSA mass surveillance revealed by Snowden, faces these questions and try to make consensus on principles, institutions and roadmap for internet governance in multistakeholder participation way.

• 수산해양교육연구
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• 제11권2호
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• pp.150-183
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• 1999

Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

• 디지털융복합연구
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• 제5권2호
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• pp.99-108
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• 2007

As the transaction using mail order sales mediating sites such as Auction rapidly increase, consumer damages are also increasing. Therefore, in this study, the methods to remedy consumer damages occurring from transactions through mail order sales mediating sites such as the Payment Deposit System, the systems to resolve disputes without any litigation and the systems in relation to the Consumer Basic Act have been examined and measures to improve the systems have been groped. For the transactions using mail order sales intermediating sites, it is necessary to impose more responsibility on mail order sales mediators although the responsibility may not be required to be at the level of mail order sellers such as internet shopping malls. Therefore, institutional supports are necessary to effectively protect consumers in the transactions using mail order sales mediating sites and to induce damaged consumers to actively file claims for compensations. In relation to this, the Collective Dispute Mediation System and the Consumer Group Litigation System under the Consumer Basic Act may become good examples. The consumers who have been subject to the same or similar damages in the transactions using mail order sales mediating sites should also be allowed to participate in the Collective Dispute Mediation under the Consumer Basic Act or actively utilize the Consumer Group Litigation System. Also, it is desirable to reflect these systems on 'the Act on Consumer Protection in E-Commerce etc' so that these systems can also be directly applied to the transactions using mail order sales mediating sites.

• 한국컴퓨터정보학회논문지
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• 제12권3호
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• pp.137-146
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• 2007

대한민국은 중국 일본과 같이 바다로 인접하여, 항해를 하거나 조업을 위한 배타적 경제수역(EEZ: Exclusive Economic Zone) 때문에 분재의 소지를 담고 있다. 특히 해상 사고에서 어선의 경우 조업일지와 항해장비의 부실 등으로 국가 간 분쟁 시 증거자료 채택할 수 있는 경우는 드물다. 해상에서 컴퓨터 등의 디지털 증거는 무결성이 훼손된다면 결정적인 증거가 재판정에서 기각당하거나 국제적으로 분쟁 시 증거로 채택되지 않는다. 본 논문에서는 이 문제점을 해결하는 방안으로 해상 디지털 포렌식을 제안하면서, 공해상 선박에서 디지털 포렌식 자료를 위한 주요내용, 요구사항, 적용사항 및 선박 디스크, 선박 네트워크, 선박 무선 포렌식 자료를 추출하고 이를 입증하는 방법을 제시한다. 그리고 실제 공해상에서 해상 디지털 포렌식의 사례에 관한 실증연구를 하여, 분쟁소지가 많은 선박에서 과학수사의 일환으로 활용될 것이며, 디지털 포렌식의 증거가 채택되는 국제간의 공해상 분쟁해결의 중요한 열쇠가 될 것이다.

• 수산경영론집
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• 제31권2호
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• pp.67-91
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• 2000

Fisheries Agreements among Korea, China, and Japan, for the effective management of fisheries resources and protection of fisheries disputes, have been processed in a manner to conclude interim arrangements those are effective prior to the final demarcation of the maritime delimitation which often requires much time to settle among the relevant states, Based on this understanding, Korea, China, and Japan, had proceeded their mutual fisheries agreement ; and, two fisheries agreements, between Korea-Japan and China-Japan, have already entered into force on 22 January 1999 and on 1 June 2000, respectively. Lastly fisheries negotiation between Korea and China has been concluded in order to make it effective on 30 June 2001. As Korean fisheries have already experienced the impacts after the entry into force of Korea-Japan Fisheries Agreement, it is inevitable that the likewise will also be true for the Korea-china Fisheries Agreement. The results of fisheries negotiation should minimize the loss by ensuring Korean flagged vessels' fishing rights to the maximum level in the counterpart's waters, and to maximize our counterpart's loss by restricting its vessels' fishing rights to the minimum level in our waters. However, such goals are almost unreachable in an intergovernmental negotiation. On this ground, regardless of the results, the negotiation is highly criticized from all the interested realms of the society. First, this study reviews the negotiation process ana subject matters of the fisheries agreement, and then evaluates the disputed items issued by academic, political, and industry areas in an international law and fisheries perspective. After the entry into farce of fisheries agreement, various activities should be accommodated as future tasks, such as the adjustments of the domestic fisheries structure, the reorganization of the resource management based fisheries structure, the construction of EEz large surveillance system, and the construction of the multilateral fisheries cooperation system Through an earlier implementation of those tasks, the Korean fisheries will be better prepared in minimizing the predicted impacts once the Korea-China Fisheries Agreement becomes effective.

• 한국컴퓨터정보학회지
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• 제15권1호
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• pp.209-217
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• 2007

우리나라는 중국 일본과 같이 3면이 바다로 둘러 쌓여 있으며, 특히 국가 간 해역의 거리가 근접한 관계로 타국으로 항해를 하거나 조업을 위하여 배타적 경제수역(EEZ: Exclusive Economic Zone)을 설정하여 분쟁의 소지를 담고 있다. 특히 해상에서 발생하는 여러 가지 사고의 경우에는 그 흔적이 해상이라는 특수성 때문에 존재하지 못하는 경우가 많고 어선의 경우 조업일지의 부실기재등으로 국가간 분쟁시 증거자료로 채택할 수 있는 경우는 드물다. 이에 해상 디지털 포렌식은 선박에 설치된 컴퓨터와 정보통신 기술의 순기능을 보호하면서 사고 등에 대한 디지털증거자료를 추출하여 분쟁을 해결하는 증거의 과정을 다루게 된다. 이러한 컴퓨터 등의 디지털증거는 무결성이 훼손된다면, 결정적인 증거가 재판정에서 기각당하거나 국제적으로 분쟁시 증거로서 채택되지 않는다. 본 논문에서는 이 문제점을 해결하는 방안으로 해상 디지털 포렌식을 제안하면서 디지털포렌식자료를 추출하고 이를 입증하는 방법을 제시한다. 이는 해상 교류가 더욱 증가하고 선박장비의 디지털화의 추세에 맞추어 해상에서도 과학수사의 일환으로 활용될 것이며, 이러한 디지털자료를 증거로 국제간의 분쟁 해결의 중요한 열쇠가 될 것이다.

• 한국항해항만학회지
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• 제26권5호
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• pp.511-516
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• 2002

여러 자료에 따르면 우리 나라에도 정확 수는 알 수 없지만 상당량의 보물선이 침몰되어 있을 것으로 추정된다. 이에 최근 우리나라 영해에서 보물선 탐사작업이 활발히 이루어지고 있다. 몇 건의 문화재 관련 발굴 사례 이외에는 아직까지 뚜렷한 성과가 없지만 앞으로 계속적인 발굴작업으로 인하여 보물선 발굴 사례의 가능성은 크다고 볼 수 있다. 이에 만약 침몰선을 인양했을 경우에 발생되는 법적인 문제들과 그 절차들, 그리고 침몰선의 소유권과 관련한 국내법적 문제 및 해결방법들과 국제법적 문제 및 해결방법들에 대해서 살펴보고 현재 존재하는 법시스템의 몇가지 문제점을 제시하고자 한다.