• Proceedings of the Korean Nuclear Society Conference
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• 1998.05b
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• pp.1026-1031
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• 1998

A licensing approach for new fuel design is propose. It includes the possible licensing options to be taken according to the level of significance of design changes. This approach can be applied on legal grounds of the AEA, Article 44.3 and Article 21, but implies that the related ERAEAs should be revised or other alternative regulatory guidelines should be prepared. However, it is not intended to invoke additional requirements but rather to streamline and formulate the current practice by using one of supplementary provisions of the AEA, Article 104.2 which is recently enacted for approval of the technical report on a special topic.

• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.2
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• pp.125-139
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• 1999

Thanks to the fact that the 1953 Korea Armistice Agreement does not have any clear provisions on the sea demarcation line, the North Korea insists that the sea demarcation line in the Yellow Sea Area should not be the NLL designated by the Commander in Chief. UN Command, unilaterally, but the hypothetical extention of the Latitude Parallel from the end of the provincial boundary line between Whanghae-do and Kyongki-do In those unique situations at the end of the Korean War, the cease-fire line on the part of the western sea area, a logically indispensable element of the contents of an armistice agreement, however has formed and crystallized by the act of the UN Command designating the NLL. In implementing the South-North Korean Basic Relations Agreement, a fair and clear common consent on the sea demarcation line in the western sea area should be deliberated.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.101-126
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• 2013

As the Korea Sports Council and The Korean Olympic Committee (KOC) were integrated in June 2009, the Amended Articles expunged the applicable provisions of the e Korea Sports Arbitration Committee (KSAC), which was established in Markch 2006. To successfully host international sports events, such as 2014 Incheon Asian Games and PyeongChang 2018 Winter Olympics, the Korea Sports Arbitration Committee (KSAC) must be restored immediately. In this sense, this thesis places emphasis on the necessity of precise legal basis with the purpose of the revitalization of sports dispute settlement as well as the enhancement of the Korea Sports Arbitration Committee.

• Ocean and Polar Research
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• v.28 no.3
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• pp.259-272
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• 2006

The 1982 UNCLOS provided very detailed provisions on marine scientific research and gave coastal stale jurisdiction to regulate marine scientific research in its EEZ. However, due to lack of definition and criteria of MSR, there are some different views, even conflicts, regarding legal Pounds for governing hydrographic surveys and oceanographic data collection by one state in the EEZs of other states. Some coastal states argue that those activities should only be conducted in the EEZ of other states with the consent of the coastal state while it is the opinion of other states, including the U.S.A., that those activities can be conducted freely in the EEZ. This paper reviews different views and recent developments on the issue and suggests some recommendations for future work of the Korean government related to the activities.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.83-112
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• 2003

This study primarily concerns the Sale and Supply of Goods to Consumers Regulations 2002, focusing on the newly amended rules of the Sale of Goods Act(1979). It describes and analyzes the provisions of Regulations 2002 in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It also attempts to compare the rules of Regulations 2002 with those of CISG and to evaluate them in light of the discipline of Law and Economics the basic question of which is whether a solution from one jurisdiction may enhence 'efficiency', serving the goal of reducing negotiation costs through providing a set of default terms, and through imposing an efficient solution which may assist value maximizing exchange where disputes arise.

• Journal of the Korean Institute of Navigation
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• v.25 no.3
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• pp.269-281
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• 2001

Along with the development of marine transport, there emerged the concept of actual carrier. Actual carrier is a special subject in marine cargo transportation. The provisions regarding actual carriers have first been established in the Hamburg Rules and are introduced into the Maritime Code of PRC(hereinafter called the Code). But in China, because of different opinions in the legal interpretation of actual carriers, there is much divergence in practice. The purpose of this paper is to make a study on the definition of the actual carrier, the identity of the actual carrier and the liabilities of the actual carrier in the Code.

• International Journal of Computer Science & Network Security
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• v.24 no.3
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• pp.29-37
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• 2024

Resorting to electronic arbitration to resolve disputes in international trade contracts is the most important reflection of technological progress on the reality of international commercial arbitration. Electronic is a modern image of traditional arbitration, and this type of arbitration provides many advantages that are not provided by any legal system for resolving disputes, including speed, effectiveness and lower costs. What will this development produce? Through technical progress in the means of communication, it has become conceivable that international trade dealers agree to arbitration via electronic means of communication, followed by the completion of the arbitration process via the Internet, leading to the issuance of the electronic arbitration award in an electronic manner as well.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.37-80
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• 2022

By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.