• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.35 no.1
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• pp.127-148
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• 2024

This study aimed to propose considerations for attributes and their standardization strategies during the data collection process for electronic publications by domestic distributors for the National Library of Korea. The research identified a total of 21 essential and optional attributes based on a survey and a Focused Group Interview (FGI) with the staff responsible for legal deposit and acquisition tasks at the National Library of Korea. Additional attributes were found necessary during the data quality verification process, leading to the specification of essential and optional attributes for various types of materials, including eBooks, audiobooks, webtoons, and web novels. The standardization of attribute values, essential for enhancing the identifiability and management efficiency of electronic publications, included adherence to ISO 8601 rules for dates and times, clear designation of limited-range attribute values such as file format and adult content, and detailed description of information related to titles. Furthermore, the study highlighted the need for establishing standardized metadata requirements and continuous data quality management and monitoring systems.

• International Journal of Computer Science & Network Security
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• v.22 no.11
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• pp.294-302
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• 2022

The article explores the prospects and trends for the transformation of some basic concepts of law associated with the development of artificial intelligence systems and the problems of liability for harm caused by a robot. The prospects, conditions and consequences of vesting robots with partial (quasi) or full legal personality are explored. This process should lead to a revision of the concepts of will, subjective side and legal responsibility in the direction of their greater universalization. The legally significant signs of will, legal personality, legal liability in relation to robots, artificial intelligence systems and other complex automated information systems are clarified. The author identifies the following essential factors of legal qualification of an act committed by a robot: goals, reasons for setting goals, connections between the planned result and the action taken, the actual result, the reasons for the difference between the actual result and the planned one. The article pays special attention to the preventive function of legal liability, which, when applied to robot subjects, can be expressed in the following basic procedures. 1. Accounting for legal requirements in the behavior of the robot. 2. Timely adaptation of the robot to changes in legislation and other regulatory legal acts that affect its behavior. 3. Accounting for incidents. 4. Destruction of a series of robots whose actions lead to unacceptable consequences.

• International Journal of Knowledge Content Development & Technology
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• v.10 no.1
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• pp.7-20
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• 2020

For research data to be shared without legal, financial and technical barriers in the Open Science era, data repositories must have the functional requirements asked by DMP and CoreTrustSeal. In order to derive functional requirements for the data repository, this study analyzed the Data Management Plan (DMP) and CoreTrustSeal, the criteria for certification of research data repositories. Deposit, Ethics, License, Discovery, Identification, Reuse, Security, Preservation, Accessibility, Availability, and (Meta) Data Quality, commonly required by DMP and CoreTrustSeal, were derived as functional requirements that should be implemented first in implementing data repositories. Confidentiality, Integrity, Reliability, Archiving, Technical Infrastructure, Documented Storage Procedure, Organizational Infrastructure, (Meta) Data Evaluation, and Policy functions were further derived from CoreTrustSeal. The functional requirements of the data repository derived from this study may be required as a key function when developing the repository. It is also believed that it could be used as a key item to introduce repository functions to researchers for depositing data.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.33 no.5
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• pp.801-811
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• 2023

With the cyber incidents increasing every year, opinions are being raised that legal system relating to incident reporting needs to be revised to improve the cyber incident reporting rate, etc. Accordingly, this paper suggests a legal improvement to enhance the effectiveness of cyber incident reporting. First, by analyzing domestic media coverage, this paper defines the problems which need to be improved regarding an incident reporting system as "unreported" and "not timely reporting". Then, this paper finds four requirements for legal improvement like "a reporting entity", "a starting point of reporting", "a reporting deadline" and "a protection of reporting information" by analyzing the relationship between reporting relating problems and issues published by overseas institutions and additionally by analyzing the need to revise the law. Finally, through an analysis of legislative cases, this paper suggests a legal improvement for the requirements.

• International Journal of Computer Science & Network Security
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• v.23 no.12
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• pp.175-180
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• 2023

The main purpose of the study is to identify the key aspects of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic. The modern system of public relations tightens the requirements for the professional and legal competence of specialists in all spheres of life. The development of a unified nationwide strategy in the field of education focused on the formation and development of young people's skills for life in the information society, is aimed at finding ways to form an active position of a future specialist, developing an experience of a holistic understanding of the professional activity, systemic action in solving new problems and tasks. The methodology includes a number of theoretical methods. Based on the results of the study, the main elements of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic.

• Journal of Korea Trade
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• v.26 no.1
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• pp.81-98
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• 2022

Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

• Journal of the Korean Society of Systems Engineering
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• v.13 no.2
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• pp.18-25
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• 2017

The use of unmanned combat systems is of interest for future battlefield. Advanced techniques are being actively studied to build fully autonomous unmanned systems. However, there are technical, ethical and legal limitations for the fully autonomous unmanned combat systems. In addition, a remote controlled system is necessary so far in order to prepare for situations where fully autonomous unmanned systems fail to function properly. Thus, a procedure of developing operational requirements in system level is proposed and interface requirements of unmanned combat vehicles for remote control are described in this study.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.303-326
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• 2016

The Rotterdam Rules regulate both transport documents and the legal effect of the choice of document much more comprehensively than the existing maritime convention to bring international harmonization of issues relating to transport documents. The Rotterdam Rules use the generic term 'transport documents' rather than referring to specific title such as bills of lading, sea waybills. The generic term 'transport documents' allow four types of transport documents to be identified as follows. 1. negotiable 2. negotiable which dispense with surrender 3. non-negotiable which require surrender 4. non-negotiable. Each types of transport documents has its requirements to be satisfied. Also, the choice of transport documents affects legal effect. Thus parties to the contract of carriage not only need to know how the document will be classified at the time it is issued but also consider what the documents will bring legal consequences.

• Journal of Korea Trade
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• v.27 no.5
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• pp.41-62
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• 2023

Purpose - This paper examines whether the imposition of countervailing duties by the United States on undervalued foreign currency is legally consistent with the WTO's SCM Agreement. Design/methodology - The study uses a methodology that involves analyzing relevant WTO agreements, prior panel reports, Appellate Body decisions, and other legal documents. Findings - The findings suggest that to impose countervailing duties, certain legal requirements must be met, including financial contribution, benefit, and specificity. The paper also notes that when calculating the benefits of undervalued foreign currency, losses from import activities due to currency undervaluation must be considered. Additionally, classifying all exports to the US under specific industries or business groups is likely to be inconsistent with the SCM Agreement. Originality/value - Even the US countervailing measures on exchange rate subsidies may not comply with WTO regulations due to incorrect calculation of benefits and a lack of specificity, however, it suggests that when intervening in the foreign exchange market, the measures should aim to achieve only minimum policy goals.