• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.137-153
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• 2006

The thesis examines the problems for innovation of export and import conditions and shows the various ways of overcoming them. The alternatives of export and import conditions are as follows. First, the government body including customs service should participate on positive lines for the construction of single window and standardization of the required documents. Second, it is required the development of efficient connection system among exporter and importer, customs service, requirement confirmation agency etc. to contribute the simplification of a operation. Therefore this research is intended to improve understanding of changes for innovation and to contribute in support basis, operation structure, legal and institutional side. Practical implications regarding the innovation of export and import conditions for electronic trade are discussed.

• Journal of the Korea Institute of Building Construction
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• v.13 no.2
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• pp.102-111
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• 2013

During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

• Proceedings of the Korean Institute of Communication Sciences Conference
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• 1983.10a
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• pp.19-24
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• 1983

This study begins with investigation of the purpose and background of the International convention on Standards of Training, Sertification and Watchkeeping for seafarers 1978, London(STCW) which will be put into force on and after 28th April 1984. Author tried to confirm those common points on requirement of the qualifications between the radio officer regulated it. the STCW Convention and radio communications between the radio officer regulated in the STCW convention and radio communication operator's general certificate in the Radio Regulations annexed to the International Telecommunication convention. Then, Japanese communications administration is taken as a model for the comparative analysis, as Japan and Korea have many resembling aspects, especially legal and social aspects. Therefore, as one of urgent tasks of Korean Communications Administration preparing for the STCW convention, Istressed on partial amendment of the Korean Radio Regulatory Act.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.263-290
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• 2004

Dispute plays a key role in maintaining the desirable performance of trade transaction. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of chinese dispute resolution system is a necessary requirement for successful business operation with chinese companies. This article analyzed and compared with the ways of trade disputes settlement system such as negotiation, mediation, arbitration and litigation in China in order to help the Korean traders who enter into business with the chinese companies to settle their disputes efficiently. This article suggests that two methods of negotiation and mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies because of problems of enforcement of arbitral award and the uncertainty of China's legal system.

• Journal of Korean Academy of Rural Health Nursing
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• v.17 no.2
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• pp.43-49
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• 2022

Purpose: This study was conducted to explore the telemedicine cooperation experience of nurses working in remote areas. Methods: A focus group interviews were used to collect data. All interviews were recorded and transcribed. Content analysis was used to analyze the data. Results: The three main categories and seven sub-categories of telemedicine cooperation experience that emerged are 1) requirement of education on remote support service, 2) consideration of the recipients of medical support services and the characteristics of the area, and 3) difficulties in conducting telemedicine cooperation. Conclusion: As a result of the study, legal protection should be given priority, and it is necessary to select an area where remote cooperation is essential, to discover subjects, and to reduce the burden of work and division of manpower and duties.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.385-444
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• 2003

Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.

• Transactions of the KSME C: Technology and Education
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• v.1 no.2
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• pp.199-204
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• 2013

In this paper, a new system requirement management tool and its application on the Urban Transit Maglev Project were introduced. In most R&D projects on complexity system such as transportation system, Systems Engineering(SE) activities are included on each project, and SE teams are using commercial computer-based tools to perform the SE activities. Even though SE tools help to manage huge data and documents on engineering efficiently, but well-designed functions of SE tools which support SE activities are not sufficiently used on the whole process of system engineering. In order to computer-based SE tools are to be effectively used on project management, most engineers who takes engineering and coordination roles, at least sub-project managers should be familiar to the tool and could be easily use it, but usability of commercial SE tools are very difficult for normal engineers with no experience on SE activities and SE tools. To overcome this difficulty, we developed a new system requirement management tool considering each user's scenario on using engineering tools. The developed tool could not cover whole SE processes, but designed to perform requirement engineering such as system requirements(SRs) management, specification management, traceability management, SRs' verification activity management and so on. All the entities on SR database are inter-connected by pre-recognized traceabilities, so even non-specialists on SE can easily browse the database and find entities concern, and linked information such as interacted entities, legal or engineering constraints, coordination documents, status of development and verification and so on. Also functions for SR verification tools, TPM(Technical Performance Measure) tools, DB searching tools with traceability, and report generation tools are included on the system.

• Journal of Information Technology Services
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• v.19 no.4
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• pp.109-124
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• 2020

In 2012, Psy's music video 'Gangnam Style' spread through parodies, and gained explosive popularity. In 2016, there was a case so-called as 'baseball ground cheering song' in which a author(songwriters) claimed an infringement of the 'right of integrity' related to cheering songs used by professional baseball teams. In response, the court denied violating the right of integrity in 2019. These cases have different effects depending on whether or not the 'right of integrity' is claimed. This study attempted an economic analysis in addition to a legal analysis of the right of integrity. Korean copyright law regards even simple changes that go against the author's will as a infringement of the 'right of integrity' even if they do not harm honor or reputation. Such legislation is one of the most strongly protected forms in the world, so it cause many problems. Meanwhile, we analyzed the cost-benefit analysis of Psy's 'Gangnam Style' case and the 'baseball ground cheering song' case. As a result of the analysis, the right to integrity is inefficient in quantitative and qualitative aspects. Therefore, the right of integrity should be reconsidered with the focus on 'popular music'. In particular, considering the development of information communication technology and changes, a revision direction is needed to meet the purpose of the copyright act. Furthermore, in order to solve the legal issues under the Copyright Act, the requirement for infringement of the right of integrity should be relaxed. Then, we proposed the establishment of a proviso clause on the right of integrity.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.121-144
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• 2020

If the interim disposition of the Arbitration Tribunal is not immediately enforceable, it will only give pressure to the other party concerned and the arbitration could work against him if the other party fails to implement it. If enforcement is impossible, the disposition will have no practical effect or practical benefit. In addition, if a system is contrary to its unique characteristics or nature, it will not function as a system or it will become an unnecessary decoration. There is no room for argument that the above provisions are wrong or misinterpreted if the temporary disposition in arbitration cannot be characterized by its characteristics, such as its provisionality, urgency, incidentality, or invasibility. As attracting international arbitration cases can create enormous added value for the national economy, countries are scrambling to create a mediating-friendly legal environment in their countries, and Korea has been more active in arbitration than in the past. Despite various efforts, however, attracting international arbitration cases is still a long way off. Therefore, Korea should create a mediating-friendly, legal environment to attract arbitration cases. There are many reasons why arbitration is activated internationally, but the most important of them is that it is easier to approve and execute. The use of the approval and execution of heavy court is, in turn, the most important requirement of a mediating-friendly environment. It is natural that temporary dispositions made in arbitration should be as easy to approve and enforce as in the case of arbitration. In addition, it is natural for the parties to consider the use of approval and execution when deciding where to mediate or when applying for arbitration; thus, the degree of ease of execution, along with the procedural use of arbitration or provisional disposition, will be a measure of the likelihood of hosting international arbitration cases, as well as the activation of arbitration.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.21-45
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• 2020

The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.