• Analyses & Alternatives
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• v.1 no.1
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• pp.3-16
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• 2017

This paper aims to emphasize the necessity of beginning and developing judicial politics in Korea. Law is constitutive of politics, and judicial politics is vital in understanding how politics is influenced by law. Disappointingly, social science in Korea has not recognized the importance of judicial politics. Judicial branch in Korea does not have the capacity to constrain the executive or other government agencies governed by elected officials. The rule of law does not work. Judicial politics has not yet been introduced in Korea, despite its enormous importance in shaping political economy. The rule of law and courts are believed to be the institutional foundation for economic growth. Law embodied in "no one is above the law" is recognized to provide fairness and stability with a democracy. Little attention to judicial politics results in leaving behind a missing link in a polity. The fortification of the rule of law is necessary to make democracy consolidated in Korea, as shown in impeachment of former president Park Geunhae. A new scholarship in Korea on judicial politics is in need to discuss what conditions under which the rule of law is possible and how to make it sustainable.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.91-130
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• 2010

This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

• The Korean Journal of Archival Studies
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• no.58
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• pp.225-262
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• 2018

The purpose of this study is to examine the current situation of the judicial records management by paying attention to the lack of relevant research despite the specialty and importance of the judicial records. This study indicates there is much room for improvement. In order to define the judicial records, we first classify the kinds of judicial records produced according to the functions performed by the court. And we inspect how the records are managed and how the judicial records management is operated. We identified the legal and institutional aspects of court records management. Based on this, problems such as lack of records center, lack of records manager, and redundant management of records belonging to court records were derived. As a way to improve this, We proposed the establishment of the archives, the expansion of the records manager or archivist, and the integrated management of the records management institutions.

• The Journal of the Convergence on Culture Technology
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• v.10 no.3
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• pp.359-370
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• 2024

Special judicial police officer are exercising their right to investigate areas that require expertise that is difficult for ordinary police to investigate. The fire special judicial policer are also like this, and since they investigate the specialized field of fire offenders, they require not only expertise in the firefighting field but also professional capabilities in the investigation. To achieve this, there must be improvements in the selection process for fire and special judicial police officers to secure excellent investigative personnel. There is a lack of educational facilities and training content that can systematically educate selected investigative personnel and strengthen their expertise, so improvements are needed. must also be done. Laws on controversial areas surrounding the fire and special judicial police must be reorganized and poor investigative conditions must be improved so that the fire and special judicial policer can properly perform their role.

• Fire Science and Engineering
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• v.32 no.6
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• pp.100-107
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• 2018

As the contents of crimes become specialized due to the diversification and modernization of modern society, the role of a special judicial police system is becoming important and diverse. Nevertheless, most special judicial police for the fire service, which conducts investigative work, have problems, such as lack of expertise in investigation caused by a lack of manpower, investigation and work due to concurrent fire investigation. Based on the experience gained through the investigation cases of fire crimes, this study suggests improvements of the telegraph restriction system, improvement of the education system, improvement of the education and training system, and the establishment of a dedicated department as measures to improve the actual problems.

• Proceedings of the Korean Geotechical Society Conference
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• 2009.09a
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• pp.671-676
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• 2009

Accidents during ground excavation and temporary or permanent structure construction have always occurred regardless of how much technology improved. Many causes can be derived from various cases and technical revision has always been a matter of interest to the geotechnicians. But the legal procedures that follow the construction accidents have scarcely been studied by the geotechnical society even though it influences most on the everyday lives of the parties of interest. In this respect, this paper describes the current judicial system, law and legal practices for ground excavation related accidents along with several case studies on judicial precedents and presents methods that should be taken to improve the current judicial system.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.161-181
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• 2014

This thesis, which mainly focuses on the characteristics of the Chinese arbitration system, will mainly deal with three characteristics and analyze the causes that directly or indirectly influence them. The first characteristic is China does not recognize ad hoc arbitration. Ad hoc arbitration is the initial form of arbitration, and it occupies an important position in many countries; however, China's judicial system does not recognize it. There are many disadvantages for building a system of ad hoc arbitration in China; i. e., the arbitration system in China is undeveloped and shot-time established, and it lacks social and civil society basis, along with a credit system, which the Western ad hoc arbitration relies on. The second characteristic is the existence of excessive judicial supervision and control over arbitration in China. Judicial supervision over arbitration has been the customary practice in each country of the modern world, but sharp variation exists in the legal stipulations and the courts' attitude toward the standard to be applied in the supervision over arbitration. In China, there has always been a controversy over judicial supervision, and the standards applied in the supervision over arbitration by courts in different regions are less than identical. The last characteristic is the existence of a combination of mediation with arbitration, which is called Arb-Med in China. Such means that in the process of arbitration, the arbitrator may conduct mediation proceedings for the case it is handling if both parties agree to do so. Under the Chinese law, Arb-Med may lead to a binding and enforceable outcome. However, it has several legal disadvantages and almost no country adopts this system. China still insists that this system will go on because Arb-Med was first made in China, and its effect was proven through long-time practice in CIETAC.

• Fire Science and Engineering
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• v.33 no.4
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• pp.163-174
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• 2019

This study examined the current situation of the problem and to suggest an improvement plan for the general public officers who are currently working as the Special Judicial Police for Disaster Safety in Gyeonggi-do and Kangwon-do provinces. The disaster safety special judicial police have the expertise of the investigative environment and human factors. The present situation of the operation was analyzed, and the problems, improvement plan, and activation plan of the system were derived. To cope with crime prevention, which is complicated and diversified progressively, this paper proposed the direction of reestablishing disaster safety special judicial police personnel for disaster safety.

• Journal of Acupuncture Research
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• v.29 no.4
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• pp.71-79
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• 2012

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.