• International Commerce and Information Review
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• v.6 no.1
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• pp.191-210
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• 2004

There are increasing needs for an individual or enterprise to interchange documents electronically through communication network to enhance the efficiency of business, owing to rapid process of transactions. But e-commerce encounters the problems regarding the handling the electronic documents, that is to say, deposit and proof of the electronic documents. This paper deals with Authorized Electronic Data Depot as an integrated system for processing, relaying and proving documents that. Authorized Electronic Data Depot operates as e-enabler in exchanging documents in trust among administrative agencies and a comprehensive government directory, digital government seal certification system and DNS system. Authorized Electronic Data Depot leads public and private sectors to save the paper-related costs. But the regulations concerning an authorized electronic data depot is introduced in the course of revision of Electronic Transactions Act. The purpose of this paper is to suggest some guidelines in legalizing the authorized electronic data depot.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.3-31
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• 2011

In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.153-194
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• 2009

The resources of outer space are for the common exploitation of mankind, and it is a common responsibility of mankind to protect the outer space environment. With the rapid development of space science and technology, and especially with the busy space activities of some major space powers, environmental contamination or space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Especially We must mitigate and seek out a solution to remove space debris which poses a threat directly to man's exploitation and use of outer space activities in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law, in order to safeguard the life and property of mankind and protect the earth's environment. While the issue of space debris has been the subject of scientific study and discussion for some time now, it has yet to be fully addressed within the context of an international legal framework. During the earlier stages of the space age, which began in the late 1950s, the focus of international lawmakers and diplomats was the establishment of basic rules which sought to define the legal nature of outer space and set out the parameters for space activities and the nature and scope of activities carried out in outer space were quite limited. Consequently, environmental issues and the risks that might arise from the generation of space debris did not receive priority attention within the context of the development international space law. In recent years, however, the world has seen dramatic advances in technology and increases in the type and number of space-related activities which are being carried out. In addition, the number of actors in this field has exploded from two highly developed States to a vast array of different States, intergovernmental and nongovernmental organizations, including private industry. Therefore, the number of artificial objects in the near-Earth space is continually increasing. As has been previously mentioned, COPUOS was the entity that created the existing five treaties, and five sets of legal Principles, which form the core of space law, and COPUOS is clearly the most appropriate entity to oversee the creation of this regulatory body for the outer space environmental problem. This idea has been proposed by various States and also at the ILA Conference in Buenos Aires. The ILA Conference in Buenos Aires produced an extensive proposal for such a regulatory regime, dealing with space debris issues in legal terms This article seeks to discuss the status of international law as it relates to outer space environmental problem and space debris and indicate a course of action which might be taken by the international community to develop a legal framework which can adequately cope with the complexity of issues that have recently been recognized. In Section Ⅱ,Ⅲ and IV of this article discuss the current status of international space law, and the extent to which some of the issues raised by earth and space environment are accounted for within the existing United Nations multilateral treaties. Section V and VI discuss the scope and nature of space debris issues as they emerged from the recent multi-year study carried out by the ILA, Scientific and Technical Subcommittee, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space ("COPUOS") as a prelude to the matters that will require the attention of international lawmakers in the future. Finally, analyzes the difficulties inherent in the future regulation and control of space debris and the activities to protect the earth's environment. and indicates a possible course of action which could well provide, at the least, a partial solution to this complex challenge.

• Journal of the Korean Society for Library and Information Science
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• v.31 no.4
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• pp.139-164
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• 1997

The digital copying and digital transmission are rapidily Increasing with the innovation of information technology and the development of networking technology. But It Is Inevitable to limit copyright for the public benefit and cultural development In the digital environment in like manner with the analog environment. First, this study examinated the international trends and legulations relating to the copyright limitations In the U.S. and Japan for the fair use. Second, it dealed with the problems of the digital copying relating to the temporary storage In RAM and screen display that are recently becoming international issues. Third, it concretely explored and analyzed the problems according to the application of the fall use of the private copying, the library copying, and the copying for the purpose of school education in the network environment. In conclusion, to solve these problems that Is occurred from legulations In the analog environment Is needed the revision of the existing copyright law in Korea. Finally, this study suggested 'the copyright collecive management system' and 'the private copying levy system' as the systemic devices to control the digital private copying.

• Journal of Arbitration Studies
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• v.18 no.3
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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.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.419-442
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• 2018

Space Treaty Article 2 stipuates non-appropriation by sovereignty, and in any other means. Interpretative controversies has continued as regards the meaning of any other means. It is not clear whether appropriation by private entity is also prohibited or not. Furthermore, the controverse around the binding force of Article 1 has made worse the controversy regarding such appropriation. U.S. Congress has enacted the law regarding the space resouce mining in 2015. Its main purpose is to alleviate legal unstability which U.S, private companies have faced, and it provides some provisions regarding private rights about space resources. Original bill, H.R. 1508 included the property right. Amendment to the bill is to ensure that an "asteroid resource utilization activity" is inter-preted as on a single asteroid and not on any asteroid. The use of the word "in situ" in defining space resources simply means resources in place in outer space; but any such resource within or on an asteroid would need to be "obtained" in order to confer a property right. The use of the word "in situ" in merely defining a space resource in the bill is not equivalent to claiming sovereignty or control over celestial bodies or portions of space. Further, there is clear Congressional direction in the bill that the President is only to encourage space resources exploration and utilization, including lowering barriers to such activity, "consistent with" and "in accordance with" US international obligations. Federal courts are granted original jurisdiction over entities defined in ${\S}$ 51301(4) and in-situ asteroid resources that have been removed from an asteroid by such entities. Federal courts are not granted jurisdiction over outer space, the Moon, other celestial bodies, or the asteroid from which the in-situ natural resource was removed. It is said that the Space Resource Utilization Exploration Act of 2015, talked about the rights of private players to own-kind of a "finders keepers" law.

• International Commerce and Information Review
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• v.6 no.2
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• pp.107-127
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• 2004

The rapid development of internet information technology has increased interest in e-Trade these days, but it is not activated greatly up to now. In order to promote e-Trade, it is essential to construct cooperative process such as connecting systems among trade related parties. Building e-Trade platform which is based on the infrastructure of the past trade automatic system is key point of promoting e-Trade. To do this, a study on the basic concept and specific components of e-Trade platform is needed absolutely. At this point of view, after this paper has examined domestic and foreign studies on the fundamental technologies about electronic commerce, it drew several key technologies that could be applied to e-Trade considering the current IT trend. Then it evaluates these technologies according to Technology Reference Model(TRM) of the National Computerization Agency. This will help us to show the operation strategy as well as the concept of future e-Trade platform and its composition. On the basis of the theoretical background, this paper classified NCA's technology model into 6 fields, which are application. data, platform, communication, security and management. Considering the key technologies, e-Trade platform has to be mutually connected and accept international standards such as XML. In the aspect of business side, trade relative agencies' business process as well as trading company's process has to be considered. Therefore, e-Trade platform can be classified into 3 parts which are service, infrastructure and connection. Infrastructure part is compared of circulating and managing system of electronic document, interface and service framework. Connecting service (application service) and additional service (application service) consist of service part. Connecting part is a linking mutual parts and can be divided into B2B service and B20 service. The organization operating this e-trade platform must have few responsibilities and requirements. It needs to positively accept existing infrastructure of trade automatic system and improving the system to complete e-trade platform. It also have to continuously develop new services and possess ability to operate the system for providing proper services to demanders. As a result, private sector that can play a role as TTP(Third Trust Party) is adequate for operating the system. In this case, revising law is necessary to support the responsibility and requirement of private sector.

• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.97-121
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• 2006

Inter-Korean exchanges using civil aviation has been continuing since the temporary direct air route from Pyongyang to Seoul was opened on June 15th, 2000 for the summit meeting with North Korea. In this paper, I analyze the North Korea Aviation law by focusing on the differences with South Korean Aviation law. While South Korean Aviation law is modeled on the Pandect system, North Korean Aviation law can only be understood by looking at North Korea's socialist ideology. Therefore, North Korean Aviation law has some expressions which can hardly be understood. With respect to the source of aviation law, both South and North Korea are in compliance with the Convention on International Civil Aviation (Signed at Chicago, on 7 December, 1944). Thus, they established the aviation law based on the standards and recommendations provided by ICAO. For this reason, they have similar legal systems and composition. From this analysis, a few differences are also derived regarding aircraft ownership, airports, airline liability, aircraft accident investigation organization and aviation insurance. It is important to note that this paper has a particular limitation. Not only is the information about North Korean law very limited, but North Korea also does not provide easy access to its national legal codes. This paper describes the legal comparison of South and North Korea by focusing on the formation and framework of North Korean aviation law.