• Journal of Arbitration Studies
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• v.32 no.3
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• pp.29-46
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• 2022

Until recently, there has been a circuit split as to whether parties to foreign private arbitral proceedings could seek assistance from the U.S. courts for discovery pursuant to 28 U.S.C. §1782. The circuit courts have differed on the issue of whether a private arbitral proceeding may be considered a "proceeding in a foreign or international tribunal" in terms of the statute, which would ultimately allow or disallow judicial assistance in taking of evidence by the U.S. district courts for use in the requested proceedings. While the U.S. Supreme Court has addressed the applicability of §1782 in its Intel decision in 2004, it had not established a test as to what constitutes a foreign or international tribunal for the purposes of §1782, thereby leaving it open for lower courts to continue to interpret §1782 in their own ways, as requests for judicial assistance in taking of evidence are filed. In the recent decision of ZF Auto. US, Inc., v. Luxshare, Ltd., the Supreme Court has finally clarified that in order for an arbitral panel to be a "foreign or international tribunal" under §1782, such panels must exercise governmental authority conferred by one nation or multiple nations. Therefore, private commercial arbitral panels are not "foreign or international tribunal(s)" for the purposes of §1782 because they do not constitute governmental or intergovernmental adjudicative bodies. Such holding is necessary and legitimate for interested parties in international arbitration, as well as, potential parties of arbitration who are contemplating alternative dispute resolution for their dispute(s).

• Environmental Analysis Health and Toxicology
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• v.31
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• pp.15.1-15.6
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• 2016

A number of absurdities surrounding the humidifier disinfectant (HD) incident may have occurred because 1) a judicial system operates on the underlying false assumption that the involved parties are equals in knowledge, information and resource mobilization capabilities, regardless of respective real status as company or individual; 2) there is a lack of a system that mandates a company to prevent and actively manage possible catastrophes; 3) the regulatory scheme makes companies believe that as long as they are complying with the existing regulations, they have satisfied all of their responsibilities. I believe that this issue is an opportunity to bring about changes in the judicial redress system, the system of internal management of manufacturers, and the regulatory system of the government. The following regulation amendments are needed to move towards the changes stated above. First, legislation relating to victim relief that is applicable to the HD incident must be established. Second, a risk management system must be formed within the manufacturing company and to this end an institutional environment for the system must be established within regulatory framework. Furthermore, legislation must be passed that could punish companies themselves that have caused severe damage to individuals because they had failed to take necessary actions to avoid foreseeable harm. Finally, the framework of regulation must be changed so that the company, who has the necessary information regarding the product and the component chemicals used in the product, must self-directed experiment and assessment of the safety of their own products.

• The Journal of Korean Medicine
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• v.35 no.1
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• pp.99-113
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• 2014

Objectives: To provide theoretical basis for the classification of medicinal moxibustion(藥灸劑) in Health Insurance Medical Benefit in Korea through investigating trend of judicial precedents on indirect moxibustion and usage of medicinal moxibustion in "Donguibogam". Methods: We analyzed statistical data of moxibustion from Health Insurance Review & Assessment Service and National Health Insurance Statistical Yearbook. We investigated major judicial precedents on indirect moxibustion to find out some trend and we searched the usages of medicinal moxibustion in "ZhenJiuDaCheng" and "Donguibogam". Results: According to recent judicial precedents, indirect moxibustion with equipment is no loner regarded as Korean Medical Procedure. In composition of 'Oriental Health Treatment', amount for acupuncture has gradually decreased instead, amount for moxibustion has increased steadily for 5 years. Medicinal moxibustion(藥灸劑) is often used as a form of indirect medicinal moxibustion with moxa in "Donguibogam". Argyi Folium, Moschus, Natrii Chloridium, Radix Preparata, Realgar and Olibanum are most frequently used for medicinal moxibustion in "Donguibogam". Medicinal moxibustions are composed of simple prescription or herb-pair or multiple prescription in "Donguibogam". Conclusions: In Health Insurance Medical Benefit in Korea, under the division of moxibustion, direct medicinal moxibustion and indirect medicinal moxibustion should be classified in addition.

• Informatization Policy
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• v.30 no.2
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• pp.3-21
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• 2023

The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.

• The Korean Nurse
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• v.20 no.2 s.110
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• pp.15-36
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• 1981

• Journal of Arbitration Studies
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• v.7 no.1
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• pp.33-54
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• 1997

• JOURNAL OF ELECTRICAL WORLD
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• no.5 s.161
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• pp.50-51
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• 1990

• JOURNAL OF ELECTRICAL WORLD
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• no.6 s.162
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• pp.62-64
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• 1990

• JOURNAL OF ELECTRICAL WORLD
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• no.10 s.166
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• pp.56-58
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• 1990

• Journal of the Korean Society for Railway
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• v.9 no.4 s.35
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• pp.425-431
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• 2006

There are two kinds of police authorities in Korean railway industry, that is, the Special Judicial Police and the Local Subway Police. The existence of two separate entities for common objective of railway security has given rise to problems including inefficiency in performance and lack of customers-focused police service and synergic effects. The purpose of this study is to search for solutions to rail crimes that allows for rapid spatial movements since they take place on fast moving trains.