• Transportation Technology and Policy
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• v.11 no.6
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• pp.11-18
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• 2014

• Korean journal of communication and information
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• v.60
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• pp.52-74
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• 2012

Legislation needs to be understood within a political, societal relationship among lawmaking bodies rather than by legal provision itself. In order to examine features and functions of communication in the process of legislation, this study conducted focus group interviews with experts as well as in-depth individual interviews. The result of this research as follows: First, the study found that although the domestic legislative process has been made by active interactions among lawmaking subjects, it was hard to conclude that this procedure is providing effective and productive legislative agenda because of chaotic communications made along the process. Second, the study found that national legislative process has been gradually moving, although restricted, to an open political space, the National Assembly, from a closed space, the executive branch. Third, the study found a remarkable feature including growing influence of experts groups and civic organizations in the legislative process. It is a significant change that legislative staff such as National Assembly aides, investigators, expert committeemen and deputy director generals played a role of "insiders," unnoticeably influencing the legislative process, and that civic organizations and NGOs, which have been excluded in the previous legislative processes, emerged as a new influencing circle in the process. Lastly, the study found that media organizations, in the process of developing agenda, had a strong impact on the National Assembly as a subject forming public issues and as a messenger of the legislative agenda while they played a limited role in affecting the government. This study discusses why communication in the domestic legislative process is important and what are some hindering and facilitating factors in the process.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• Journal of the Korean Institute of Navigation
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• v.15 no.2
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• pp.61-86
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• 1991

This paper aims to investigated the reasonable objectiveness of trading areas on the Korea Ship Safety Act and to make a regulated proposal of trading areas. To achieve the above mentioned object, we analyzed the existing rules and other related circumstances of maritime fields. On the basis of this viewpoint, this paper was focused on three topics of concern : (1) the relationship between the ship Safety Act and other Maritime Acts. (2) the legislative examples of foreign countries, (3) the reasonable revised reasons of trading areas. In this paper, we proposed following four matters such as (1) the modification of ship's length and speed which are the designative basis of trading areas, (2) the extension of the smooth sea area to limit of territorial seas (3) the extension of the near-coastal area to the coasts of the P.R.C., Japan, the U.S.S.R and the R.O.C ., and rename of its area into the near & greater coastal area, (4) the annulment of greater-coastal area.

• Journal of Korean Society of Rural Planning
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• v.14 no.4
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• pp.77-86
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• 2008

The purpose of this study is to propose the policies for preservation, formation and management of Korean rural landscape. For this, the current rural landscape policies are examined and recent legislative changes are also surveyed. The Landscape Law and the Comprehensive Countermeasures for Rural Landscape Improvement are the most significant changes. The proposed issues are as follows: 1. the establishment of rural landscape planning system, 2. the arrangement of the criteria and guideline for rural landscape planning and design, 3. the re-arrangement of the rural landscape index and landscape map, 4. the survey and management of the rural landscape amenity, 5. the revitalization of the landscape projects for rural area, 6. the pragmatic connection with other law and system(especially the Landscape Law), 7. the education and cultivation of the rural landscape expert groups.

• Journal of Legislation Research
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• no.44
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• pp.801-828
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• 2013

This essay provides a legislative perspective on conflict-of-laws issues in the area of antitrust law. A consistent focus on the affected market question of applicable law is possible and yields content and acceptable results. The law applicable to damages claims should follow the law applicable to the antitrust relation itself. It is problematic, however, where more than one market is affected. In my view, the European perspective provides one general lesson for us. We are not yet prepared to accept american-style of class action in the field of antitrust law, at least until the european have made their legislative decision. Nevertheless we should make our antitrust system more effective, so that it would have strong deterrence to anti-competitive conducts. In this paper I present a proposal for adoption of a international conflict of law instrument, possibly a regulation, on damages actions for breach of art. 32 Korean Anti-trust Law.

• Korean Journal of Legislative Studies
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• v.15 no.2
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• pp.159-185
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• 2009

This study aims to examine whether committee preference and negotiation group affiliation have an effect on proposals and passages of legislators' bills. Previous studies points out predominances and reflections of partisan interests, but analytic result shows legislators' preferences work on introductions and passages of bills through committee and negotiation group as assembly institutions. The rates of proposals and passages were high in the committee that legislators would like to belong to. The same result was found in negotiation group affiliation. However, active activities of legislators works in only their committees, not in a general meeting. This result shows that committee and negotiation group are significant institutions of national assembly.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.27 no.5
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• pp.1141-1147
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• 2017

An unmanned aerial vehicle(UAV), commonly known as a drone, is an aircraft without a human pilot aboard, which is operated by wireless device. A drone provides the capability for the aerial search and traffic control as a police equipment. It has benefits for the missions for the aerial photography with the high resolution camera which can replace eye-dependent search processes. Moreover it has advantage of retrieving several times for the recorded videos. However, if the law enforcement agency misuse and overuse a drone for investigations and search missions without certain regulations and principles, it breaches privacy and personal information infringement. In this paper, we issue a lawful challenges on drone operations and discuss solutions to those challenges.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.127-138
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• 2023

A variety of decarbonized energy sources are being developed globally to realize carbon neutrality (Net Zero) by 2050 as a measure to address the global climate crisis. As the Korean government has also established a Renewable Energy 3020 policy and promoted energy development plans using solar or wind power, large-scale offshore development projects not present before in coastal waters, such as offshore wind farms, are being promoted. From ships' point of view, offshore facilities present obstacles to safe navigation, and with the installation of marine facilities, ship collisions or contact accidents between ships and marine facilities may occur in the narrowed water areas. In addition, there are concerns about environmental pollution and human casualties caused by marine accidents. Accordingly, we review overseas and domestic offshore wind farm development plans, analyze whether institutional devices are in place to ensure the safe passage of ships in wind farm areas, and study the safe operation of large-scale offshore wind farms and safe passage of ships along the Korean coast by comparing overseas legislative cases with domestic laws and presenting a proposal to illuminate the legal blind sectors.