• Journal of Arbitration Studies
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• v.31 no.1
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• pp.129-154
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• 2021

As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

• Korean Journal of Legislative Studies
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• v.24 no.3
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• pp.29-54
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• 2018

Focusing on vastly different results between two presidential elections in 2012 and 2017, this paper examines how political attitudes of conservative voters had changed in 5 years and how these changes had brought about differences in their vote choices in 2017. Using panel data encompassing two presidential elections, this paper finds that, though ideological and affective evaluation of conservative parties and candidates had indeed deteriorated among supporters of Park Geun-Hye in 2012, it is candidate factors rather partisan ones that exerted much more significant influence on their vote choices in 2017. In addition it is found that the differentiation in political and economic policy preferences among conservative voters had only slight influence on their voted choices in 2017. This paper concludes with discussing how to understand the result of the $19^{th}$ presidential elections and what implications it has in prospecting the party realignment in Korean electoral politics.

• Korean Journal of Legislative Studies
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• v.27 no.3
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• pp.35-68
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• 2021

In the German federal election in 2021, the Social Democrats returned to power by a narrow margin and the Green Party emerged as the biggest winner. The two political parties took the lead by proposing policies that met the expectations of the people in the policies of climate and environment, pandemic response and health, and labor and social security. The Merkel effect did not play a significant role in the election, and it is highly likely that it will lead to government policy after the formation of a coalition. While the class cleavage in voting behavior has weakened, the generational cleavage has grown relatively large. Older people showed more support for the two major parties, while younger people showed higher support for the Green Party and the FDP. If the generational cleavage continues, it can be linked to the growth of the Green Party and the FDP, the continued weakening of the two major parties and the emergence of other new parties. In addition, the regional cleavage between the former East and West Germany still remain, which will affect the direction of the AfD and the Left and combine with other political cleavages. The 2021 German federal election can be said to be an election that heralds the realignment of the political party system.

• Korean Journal of Legislative Studies
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• v.25 no.2
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• pp.141-177
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• 2019

This paper explains cross-national variation of CPI(corruption perception index) centering on legal culture. By critically reviewing previous researches on effects of British common law system on corruption, we define legal culture as citizens' perception of their legal system. Specifically, measuring legal culture with respect to courts fairness and courts accessibility, we test two hypotheses on effects of legal culture on corruption. A cross-national comparison of 78 countries with OLS regression analyses reveals that courts fairness tends to lower the level of corruption while courts accessibility does not have a significant effect on corruption. Based on this result, we suggest policy implications for judicial reform as well as anti-corruption measure, which puts more emphasis on reforming legal practice that hinders courts fairness than increasing legal service supply. In addition, as the essence of legal culture lies in citizens' shared perception of the legal system, we argue that a broad and solid citizens' consciousness of fair and equitable legal procedures is indispensable in preventing corruption.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.99-143
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• 2016

General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

• 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.

• Korean Management Science Review
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• v.21 no.3
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• pp.129-147
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• 2004

Scenario analysis for strategic planning, unlike most forecasting methods, provides a qualitative, contextual description of how the present will evolve into the future. It normally tries to identify a set of possible futures, each of whose occurrence is plausible but not assured. In this paper, we propose the use of Cross Impact Analysis(CIA) approach for scenario generation about the future of Korean IT environments. In this analysis, we classified IT environments into technical, social, legislative, and economic factor. And various variables and events were defined in each factor. From the survey collected from IT related experts, we acquire probability of occurrence and compatibility estimates of every possible pairs of events as input. Then 2 phase analysis is used in order to choice events with high probability of occurrence and generate scenario. Finally, after CIA using Monte Carlo simulation, a detail scenario for 2010 was developed. These scenario drawn from the CIA approach is a result considered by cross impacts of various events.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2000.04a
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• pp.330-336
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• 2000

This paper discusses the potential of system dynamics modelling to support balanced scorecard. The balanced scorecard is a conceptual framework for translating an organisation's strategy into a set of performance indicators. These performance indicators are distributed across the 'classic'model's four perspective: Customers, Internal Business Processes, Financial, and Learning and Growth. This balanced scorecard, whilst having significant strength, suffers from the limitation of all performance indicator systems, namely that the interrelationships between indicators are overlooked and there is no way of taking into account the impact of delayed feedback which flows from introduction of new policy and legislative changes. System Dynamics is a methodology for understanding complex problems where there is dynamic behaviour and where feedback impacts significantly on system outcomes. System dynamics provides a rigorous basis for qualitative testing of the effects of performance indicators in complex environments such as health or social security. This can be supplemented with quantitative system dynamics simulation tools that further test the validity of indicators and the business rules implicit in them. System dynamics modelling has an important role to play in extending feedback cycle in performance measurements to a full systems approach.

• 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.

• International Commerce and Information Review
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• v.10 no.1
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• pp.375-393
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• 2008

The purpose of this study is to investigate the Chinese investment environment and analyze the actual investment condition of Korean enterprises in China and examine the points at issue. In general, the investment environment in China shows satisfactory progress. China has a multiple and regional extension policy in investment. And the environment for investment changes to insufficiency of company profit, extension of service market, maintenance of legislative system, and insufficiency of preference about foreign company. There are situations of inclining to manufacturing, inclining of region, preference of independence investment, small-sized investment by small and medium enterprises, difficulty of financial assistance, excess of logistic cost, delay of logistic term, difficulty of settlement of legal dispute and difficulty of taking a relative information in investment of Korean enterprise in China. The results of the study indicate mostly that the investment of Korean enterprise into China needs turnover of service trade-tertiary industry, portfolio of investment territory, cooperation with Chinese enterprise through joint venture investment and a large-scale investment for extension of Chinese domestic market.