• Title/Summary/Keyword: Legal

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Legal Review of the Writing Requirements on Arbitration Agreement: The U.S. Statutes and Cases (미국법상 중재합의의 서면요건에 관한 고찰)

  • Ha, Choong Lyong
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.19-36
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    • 2017
  • This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

A Study on the Legal Effect of Electronic Contract (전자계약의 효력에 관한 연구)

  • Song, Gye-Eui
    • International Commerce and Information Review
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    • v.1 no.2
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    • pp.229-247
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    • 1999
  • Where a paper document, a manual signature, or negotiability is required in statute, then solutions must be found through a change in the law. However, where the problem originates in commercial usage, then the solution can be easier, and speedy. Certainly, nearly all of the functions that paper document provides can be equally, or better, satisfied by electronic means. That is, Electronic Commerce(EC), which has been increasing rapidly and is a new type of transaction, may be hindered by legal obstacles to use of Electronic Message, or by uncertainty to its legal effect and validity. Therefore, it is important to sustain legal effect to Electronic Message for the prosperity of EC The one of solutions is to use reliable Electronic signature system by Certification Authority to verify the authenticity of Electronic Message.

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Toward A Bilingual Legal Term Glossary from Context Profiles

  • Kwong, Oi-Yee
    • Proceedings of the Korean Society for Language and Information Conference
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    • 2002.02a
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    • pp.249-258
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    • 2002
  • We propose an algorithm for the automatic acquisition of a bilingual lexicon in the legal domain. We make use of a parallel corpus of bilingual court judgments, aligned to the sentence level, and analyse the bilingual context profiles to extract corresponding legal terms in both languages. Our method is different from those in past studies as it does not require any prior knowledge source, and naturally extends to multi-word terms in either language. A pilot test was done with a sample of ten legal terms, each with ten or more occurrences in the data. Encouraging results of about 75% average accuracy were obtained. This figure does not only reflect the effectiveness of the method for bilingual lexicon acquisition, but also its potential for bilingual alignment at the word or expression level.

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A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • v.24 no.1
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

A Study on the Prospects of Export Control System Regarding to the Strategic Items (전략물자 수출통제의 현황과 전망에 관한고찰)

  • Oh, Hyon-Sok;Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.309-335
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    • 2009
  • Over the last several years, regarding to the strategic items, the international community has seen governments make more formal commitments to adopt and implement effective export controls to counter the proliferation of weapons of mass destruction(WMD). United Nations Security Council Resolution 1540(that is "S/RES/1540") stands as the most important of these commitments. Many UN members already have export control laws and regulations in place to prevent the proliferation of weapons of mass destruction. Many members also participate in a variety of formal and informal international arrangements to coordinate their export control efforts. Nonetheless, each of these countries has its own unique legal framework for export controls. This generates considerable diversity in the construction of the specific national legal authorities. Over the last few years, however, a consensus over what constitutes the key elements of effective legal authorities for export controls has begun to emerge. Evidence for this development comes in the identification of best legal authorities or principles at several multilateral conferences on export controls.

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Study on Improvement for Information System Installation for e-Government's Internal Control through Legal Review : Focused on Barum e-System (전자정부의 내부통제를 위한 정보시스템 도입에 있어서 제도적 개선방안에 관한 연구 : 바름 e 시스템을 중심으로)

  • Lee, Dong Han;Lee, Ook
    • Journal of Information Technology Services
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    • v.12 no.3
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    • pp.179-193
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    • 2013
  • E-Government refers to government to use ICT (information and communications technology) to work more effectively, share information and deliver better services to the public. With ICT, e-Government has increased transparency of governments. However even there has been much trial for transparency, corruption has been growing with the form of e-corruption. While external threats such as hackers and viruses can have serious consequences, currently most crime involving emerging technology is carried out by insiders i.e. employees in the e-government. Among the many tools being developed to fight e-corruption, there has been much focus lately on internal control system. So, South Korea developed and test-operated "Barum e-system" for internal control last year. This research establishes legal basis, information system link and privacy policy for settlement of this information system through legal review.

A Study on the Legal Review of Safety Operation for Offshore Supply Vessel (해양플랜트 지원선박의 안전운항을 위한 법률 검토)

  • Jin, Ho-Hyun;Lee, Chang-Hee
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.1
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    • pp.133-144
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    • 2015
  • Recently, Korea shipping companies have been internally/externally difficult to manage their fleet due to the high price of bunker, wage and low cost of charterage and freight. To solve these problems, some shipping companies have tried to set up a new business regarding offshore plant supply vessel(OSV). Owing to the absence of big oil field near the Korea coast, OSV market has not been gradually progressing as far. This study intends to review the legal review of both international and municipal law for the OSV. Therefore I have provided basic legal information to the domestic shipping companies which have desired to enter the OSV's market and suggest legal revision harmoniously to identify the problem in the municipal law.

The Legal Analysis of Limitations for Teacher's Corporal Punishment on Students (교사의 학생체벌 한계에 대한 법리적 분석)

  • Lee, Woo-Tae
    • Journal of Fisheries and Marine Sciences Education
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    • v.22 no.3
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    • pp.445-459
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    • 2010
  • The purpose of this paper was to discern the nature of socially acceptable corporal punishment through legal analysis. To do this, the researcher attempted to clarify the concept of corporal punishment, to figure out the current legal position about corporal punishment, and to examine the court cases against corporal punishment. The results of the study were as follows: Firstly, corporal punishment is intentional physical or emotional aversive stimuli to students who violated the rules and norms, to reduce or fix specific undesirable behaviors, by the person who is in charge of discipline of students. Secondly, current regulations do not accept corporal punishment in principle. Thirdly, court cases did not admit the corporal punishment in principle, but did not charge legal liability if the corporal punishment was done in proper manner in view of education. However, the judicial precedents are getting more strict focusing on the human rights of students.

A Study on the Legal System of Compensation for Fishery Loss caused by Public Works (우리나라 어업손실 보상제도에 대한 정선방안 연구;-법제도를 중심으로-)

  • 이원갑
    • The Journal of Fisheries Business Administration
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    • v.25 no.1
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    • pp.19-35
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    • 1994
  • The objective of this study is to analize the system of legal compensation for the fishery loses caused by public works and to suggest alternatives on the current compensation system. Korea government has been performing reclamation activities in coastal region to conduct farm, urban and industrial area, and such activities are still going on in Yeongjongdo airport area, Saemangeum area and so on. Reclamation interrupts fishing activities in or around the reclaiming area, therefore, the compensation for fishery losses incurred by fishermen should be made. The system of legal compensation in Korea, however, is based on the land compensation, and the regulation of the compensation for fishery losses in the Fishery Act can not be applied for the compensation of public works because the procedure of the compensation in the Fishery Act is different from its cause of action. Therefore, this study is caried out to suggest a resonable compensation procedure and to provide a basis for establishing legal system.

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A Legal Study on the Present Situation of Sports Arbitration and Suggestions on the Construction of a Sports Arbitration System in China - A Comparative Analysis of England Legal System - (중국 스포츠중재법의 현황과 제도개선 방안 - 영국 중재제도와의 비교 고찰을 중심으로 -)

  • Kim, Jong-Woo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.133-157
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    • 2014
  • To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

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