• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.133-156
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• 2014

With the development of Chinese commercial arbitration, there have been a large number of cases regarding the parties raised objection to the jurisdiction in arbitration and judicial practice. The argument relating to dealing with the subject matter, time limitation, identified subject of arbitration objection to the jurisdiction as well as the inadequate of Chinese Arbitration Law and relevant judicial interpretations has caused adverse impact on the conduct of the arbitration proceedings. This paper firstly look ar the overview of the arbitration jurisdiction objection, mainly on the arbitration jurisdiction objection determination and what is arbitration jurisdiction objection. The raise and abandonment of the arbitration objection to jurisdiction then will be analyzed in terms of subject, form, time and the legal consequences of giving up. The third part illustrates the handling of arbitration jurisdiction objection, main body, practices, procedures and whether the arbitration objection to jurisdiction is established. And the last part discuss how the condition of effectiveness on the arbitral agreement applies to through Chinese cases. Finally, the author suggests some cautions and countermeasures relates to arbitration agreement for domestic investors and traders dealing with the Chinese partner.

• Nuclear Engineering and Technology
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• v.37 no.3
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• pp.273-278
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• 2005

Key concepts in South Korean nuclear safety regulation are safety and risk. Nuclear regulation in South Korea has required reactor designs and safeguards that reduce the risk of a major accident to less than one in a million reactor-years-a risk supposedly low enough to be acceptable. To date, in South Korean nuclear safety regulation has involved the establishment of many technical standards to enable administration enforcement. In scientific lawsuits in which the legal issue is the validity of specialized technical standards that are used for judge whether a particular nuclear power plant is to be licensed, the concept of uncertainty law is often raised with regard to what extent the examination and judgment by the judicial power affects a discretion made by the administrative office. In other words, the safety standards for nuclear power plants has been adapted as a form of the scientific technical standards widely under the idea of uncertainty law. Thus, the improvement of nuclear safety regulation in South Korea seems to depend on the rational lawmaking and a reasonable, judicial examination of the scientific standards on nuclear safety.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.139-167
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• 2013

Mediation, which is part of ADR, is a method used to settle disputes amicably by employing a third party who is in a neutral position. Utilization and attention on meditation are increasing in place of litigation and arbitration owing to its effectiveness in terms of time, cost, and effectiveness in achieving an amicable settlement. As to Korea, mediation at the civil level was employed by the KCAB in July 2012 but its utilization was in ABC stage compared to mediation at the governmental and judicial levels. Based on this situation, this study reviewed the guideline and system of the KCAB through a comparison of the management system between the KCAB and AAA where mediation was in good use. This study further suggests solutions as to the development of an international commercial mediation system First, the KCAB rule is needed to create a mediation language, mediation place, mediator internationalization, and so on. Second, a system backup is necessary to ensure the enforceability and effectiveness of mediation. Third, a unified mediation law in Korea is desirable for the harmonization of mediations at civil, governmental, and judicial levels. The unified mediation law, if it is made, may lead to an international base where this requirement exists. Fourth, advertising the merits of mediation to the public is necessary. Fifth, securing specialized mediators and relevant training are essential. If the above requirements are implemented, Korea would advance in international commercial disputes.

• Convergence Security Journal
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• v.18 no.4
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• pp.35-43
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• 2018

Currently, digital evidence takes judicial discretion in adopting it, which does not clarify the criteria for adoption, and it can shorten the analysis time of digital evidence with distributed processing techniques. However, due to the development of cryptographic techniques, there is a problem in that it is not suitable for the 48 hour limit of the warrant request. In this paper, we analyze the precedents for admissibility of evidence and the probative power in the civil/criminal proceedings, and discuss the need for objective and detailed adoption criteria to replace judicial discretion. In addition, we'd like to propose a preliminary application form for analysis of digital evidence as a problem for limit time for warrant claims from the perspective of forensics and a solution to the problem.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.85-90
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• 2022

In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.3-27
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• 2022

Climate change is a man-made disaster that has become a major global concern today. With increasingly visible symptoms of climate change in recent years, it has become evident that climate action can no longer be dismissed as a mere matter of choice, but as a matter of survival for the human being. To address the impending climate change crisis in a collaborative and sustainable manner, the international community has been taking various measures including Kyoto protocol and the Paris Agreement. With respect to the private investor's project investment in line with international agreements on climate change, recently we have seen multiple legal judgments which clearly indicate the subject of judicial responsibility for investment in climate change related projects. However, in order to hold judicial responsibility occurring during the implementation of climate change related projects, a causal relationship between the responsible entities and clear responsibility must be demonstrated, and applicable institutional arrangements need to be arranged. It may be the right time for global community to consider shifting not only to human ethical obligations but also legal obligations. In this regard, concerned governments should consider legislating arbitration laws, regulations, and institutional arrangements in more specific and applicable manner.

• Journal of Navigation and Port Research
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• v.46 no.2
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• International Journal of Computer Science & Network Security
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• v.22 no.3
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• pp.344-354
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• 2022

Ombudsmanship is the framework to provide the speedy administrative justice to poor man which is originated in Sweden in the 19^th Century and the modus operandi with modernized arrangement of public grievance redressal. Pakistan has thirteen different Ombudsman Institutions at both Federal and Provincial level with limited public accessibility. This paper presents a collaboration framework for extending the outreach of Ombudsmanship at proverbial doorstep of complainants. This framework has three main components as collaborative arrangements, Proceedings and Resolution of the complaints that increased the public trust. A pilot project titles Swift Complaint Resolution (SCR) was constructed and executed by Federal Ombudsman Secretariat to materialize the concept of speedy redressal of complaints. The SCR project first affirmed the strength of the components of the framework. The concept of SCR was first presented in the Federal Advisory committee for Administrative Justice, which comprised of highest level of the Parliamentarians, Public Officials, NGOs and Civil Society where presented guidelines to be adopted for the free and speedy redressal of grievances at proverbial doorsteps in tehsils and district headquarters ultimately to the extended to the union councils. In SCR, the complaints were decided within 25 days even though the Law permitted 60 days that is itself a record in any judicial /quasi-judicial forum.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.31 no.3
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• pp.161-171
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• 2023

The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

• The Journal of the Korea Contents Association
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• v.8 no.12
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• pp.256-263
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• 2008

Based on the analysis of criminal investigators' recognition of judicial autopsy, this study presented policy alternatives as follows. First, a procedure is needed that optometrists and investigators jointly make previous explanations to bereaved families the status of investigation and the results of examination to their satisfaction and collect their opinions, for the purpose of obtaining an agreement to autopsy from them. Second, the dignity of the dead should be kept. To this end, particular consideration should be given to women bodies. Also, we need to minimize the number of autopsy witnesses and obtain agreement from bereaved families when there is an on-the-spot study. Third, we need to establish a guideline that investigators could request a warrant later in certain cases of dead bodies. Also, if a bereaved family positively asks for autopsy, it should be allowed through tentatively named ‘Request for Autopsy.’ Finally, To make a careful decision on whether an autopsy should be made or not, we can form a joint investigation team of public prosecutors and criminal investigators; however, an autopsy should be done only if it is deemed inevitable, considering the bereaved family's opinion.