• Title/Summary/Keyword: Judicial

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A Study on Legal Information Landmark, Court Library, Knowledge Information Sharing, Function and Role Expansion, Legal Information Hub (법률정보허브로서 법원도서관의 지식정보공유 기능과 역할 강화에 관한 연구)

  • Seungjin Kwak;Younghee Noh;Inho Chang;Bongsuk Kang;Jae Min Ko
    • Journal of Korean Library and Information Science Society
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    • v.55 no.2
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    • pp.83-107
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    • 2024
  • In this study, we aim to comprehensively examine how court libraries can enhance their function and role as a hub for judicial information sharing. To achieve this, the current status was holistically understood based on literature review, case studies, interviews with stakeholders, and surveys targeted at users. The study sought to explore and present ways in which court libraries can play a central role in the dissemination and sharing of legal knowledge. As a result of the research, we propose four roles of the judicial information sharing complex center as a court library, five functions of the judicial information sharing complex center, and nine strategies to enhance accessibility for the spread of legal culture. If court libraries function as next-generation shared complex centers with the goal of popularizing legal knowledge culture, it would be possible to expand access to legal knowledge for citizens interested in law and culture, professionals in legal and educational institutions, and residents living near the center.

Special Judicial Police for Enhancing Administrative Power A Study on the Expansion of Jobs: Based on the results of 10 years' operation of Seoul Metropolitan Police Judicial Police Team (행정의 집행력 강화를 위한 특별사법경찰 직무확대에 관한 연구 - 서울특별시 민생사법경찰단 운영 10년 분석 결과를 바탕으로 -)

  • Yang, Jae Yeol;Kim, Sang Su
    • Korean Security Journal
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    • no.58
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    • pp.59-80
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    • 2019
  • Recently, our company has entered the modern knowledge company, government policy and regulation has a big influence on people's lives. Also, unlike in the past, I am hoping for administrative intervention as a problem peculiar to the environment, such as environmental housing problems, urban transportation problems, misuse problems, etc. and corporate pending issues. In this study, through the 10th year of the Seoul Special Citizen Judicial Police Force, if the local autonomy is a special envoy, it will try to present the correctness in the organization luck. As a measure to secure the nature of administrative action, the method of investigation was through the study of the execution process of administrative penalty and its result based on the statistical data of Seoul City. Therefore, we will analyze the process and operation of the 10-year organizational change of the Seoul Metropolitan Government's police force and examine how the police force of the people's livelihoods, which is a special investigation organization, is expanding its duties in order to strengthen the enforcement power of the administration. Also, we will make future-oriented suggestions to encourage the readjustment of the current relevant laws, such as the Ministry of Patriots and Veterans Affairs, and to actively accommodate the expected changes of the special law police organization in charge of the enforcement of the police system.

A Study on Enforcement of Foreign-related and Foreign Arbitral Awards in China (중국의 섭외 및 외국중재판정 강제집행제도 연구)

  • Cha Kyung-Ja
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.263-292
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    • 2005
  • In China, as far as the enforcement of the award is concerned, a three-pronged regime exists : each for domestic, foreign-related and foreign awards. As opposed to domestic awards, foreign-related awards are defined as those involving 'foreign-element.' Among them, this article focuses on the enforcement regimes of foreign-related and foreign arbitral award, and strives to provide a practical outlook of the arbitral award enforcement regime in China. For that, this article consists of five chapters. In chapter I, the purpose and scope of this study are mentioned; In Chapter II, the types, the statutory framework, the related measures, the statistical assessment on enforcement of arbitral awards are addressed. Chapter III points out some issues on the enforcement regimes of foreign-related and foreign arbitral awards, with focus paid to the recognition of foreign-related arbitral awards, the substantive judicial review of foreign-related arbitral awards, and the refusal of enforcement with the social and public interest ground. Chapter VI introduces two non-enforcement cases of foreign-related and foreign arbitral awards. Lastly in chapter V, the author makes a proposal to improve the enforcement regime in China. Although China already obtained a certain level of achievement, she still need to be undertaken by the government and judicial authorities to offset the negative effects of some obstacles to hamper the enforcement such as protectionism so that she may create a more favorable arbitration environment.

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Appointment of Arbitrators and the Role of the Court (중재인 선정과 법원의 역할에 관한 연구)

  • Park, Won-Hyung;Kim, Cheol-Ho
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.49-65
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    • 2010
  • The expanded role of courts in arbitral procedures is said to have certain detrimental effects on the cost-effective approach to arbitration. This is the case when the court is appointing an arbitrator, pursuant to the specific domestic legal regime. The danger of decisions, especially those with expanded role of courts can create delays and hurdles. Even with contradictory viewpoints, the role of the court should complement the arbitral tribunal and not impede the functioning of arbitration independent of the judicial system. In this paper, two recent cases in Korean Supreme Court are reviewed, trying to find the proper implications on further arbitration practices especially in the stage of arbitrator appointment. Even though the proper appointment of arbitrators is essential to the existence of valid arbitration proceedings, appointment of arbitrators by the courts should constitute an administrative power, and not a judicial power. The cases reviewed make clear that the court must play a facilitative role in international commercial arbitration by assisting the parties in appointing the arbitral tribunal, the court intervention must be kept to a minimum.

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Relationships between Teamwork Skills and Thinking Styles in Engineering Students (공과대학생의 팀워크 역량과 사고양식의 관계)

  • Hwang, Soonhee
    • Journal of Engineering Education Research
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    • v.20 no.2
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    • pp.39-49
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    • 2017
  • This research aims to explore the relationships between 'teamwork skills' (often called team activity competence) and 'thinking styles' of engineering students in Korea, and to provide an explanation for the application of team-based environment as well as for the increase of teamwork skills. Teams and team activity are pervasive in today's organization and there has been relatively much research on teamwork skills and its related factors. However, to date, little attention has been paid to the teamwork skills, essential factor in team-based environment and its relationships with thinking styles. This study was conducted with 383 engineering students at P University, and students' teamwork skills as well as thinking styles have been measured before and after team-based learning class (hereafter TBL). Our findings show that firstly, there was a significant increase of teamwork skills between before and after TBL class. Second, team activity competence was found to have a higher correlation with most of creativity generating styles (i.e. legislative, judicial, hierarchical and global styles). Third, hierarchical style was found to influence team activity more than other components, and also legislative, external, global and judicial styles contributed to team-based activity. These findings are expected to provide an explanation for the application of thinking styles in team-based environment and will be useful for the improvement of related courses in engineering school.

A Study on the System of Litigation and Ideal Dispute Resolution (소송제도와 이상적인 분쟁해결제도에 관한 연구 - 대법원의 상고법원 설치안을 중심으로 -)

  • SHIN, Han-Dong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.68
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    • pp.43-63
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    • 2015
  • The number of final appeal(the rate of final appeal: 43%) has been on the increase every year over the past ten years in Korea. The number of final appeal cases given to a justice of the Korean Supreme Court amounts to nearly one everyday, which makes it vulnerable to faulty decisions. Reversal rate of final appeal is as low as 10% with most of the cases being dismissed and hence the percentage of people having trust in the judiciary is merely 27%. In this context, the Korean judiciary has announced its plan to set up a final appellate court in the Supreme Court. The establishment of final appellate court, however, is not only against the Constitution but also hardly seen in other nations. It would only overexpand the Supreme Court. Furthermore, the final appellate court would end up deteriorating into the court of fourth instance and impose extra burden on the government as well as on the disputing parties. Therefore, it is necessary to upgrade the quality of the court by increasing the number of judges in the lower court and let them focus on the fact finding process. Facilitating the ADR(Alternative Dispute Resolution) process such as arbitration would help improve the structure of the judiciary. The incompatibility among the four values of the dispute resolution process(equitability, truth, quickness and efficiency) calls for building comprehensive judicial system in which disputes are settled by choosing either jurisprudence or utility.

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The Medical Malpratice Liability of Chinese (중국(中國)의 의료과오책임(醫療過誤責任))

  • Piao, Dong-Mei
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.113-136
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    • 2006
  • In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

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A Study on the Unlawful Fishery Control System (불법어업 단속제도에 관한 연구)

  • Lee, Zong-Keun
    • Journal of Fisheries and Marine Sciences Education
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    • v.22 no.3
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    • pp.303-315
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    • 2010
  • The fisheries resource in waters under the jurisdiction of Korea is being endangered by unlawful fishery. The Korean government exerted great efforts to establish the public order of water, but the number of the exposed unlawful fishing violations has increased for last 10 years. The system to guide fisheries regulatory noncompliance of Korea is limited to the use of fishing guidance patrol boats. For strength of monitoring and surveillance systems, the government needs to phase in Vessel Monitoring System. But there are some studies for that. The defects of present monitoring practice can be drawn from the facts described above. The qualification of the fishery control official one of most important element of fishing control system, is defined as any officer who is charging on fishing. For clear law enforcement the qualification should require considerable experience and knowledge. Korean coast guards have problems on guiding unlawful fishing violations because of the absence of administrative authority by comparison with the fisheries guiding officer, who has both authorities on administration and jurisdiction. To draw some judicial problems this research presents a analysis on the fishing control system. The research suggests the improvements to compensate the defects.

Enforcement of South Korean Arbitral Awards in Mainland China

  • YANG, Fan
    • Journal of Arbitration Studies
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    • v.25 no.3
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    • pp.113-133
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    • 2015
  • This article reviews some recent decisions of the Supreme People's Court (SPC) of the People's Republic of China (PRC) on the recognition and enforcement of several South Korean arbitral awards. It explains the implementation of the New York Convention in the PRC and in particular the so-called Report System under the current Mainland Chinese law and judicial practice. It identifies some deficiencies in the People's Courts' approaches to the application and interpretation of the New York Convention and argues that the Mainland Chinese courts should adopt the pro-enforcement principle in the determination of the relevant issues under the New York Convention. It proposes further enhancement of the Report System and that the current categorization of 'domestic, foreign-related and foreign' in the context of arbitration agreements and arbitral awards needs to be further reviewed and clarified by the SPC. Last but not the least, it recommends some steps that South Korean parties should take to enhance the enforceability of South Korean Arbitral Awards in Mainland China.