• The Journal of Fisheries Business Administration
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• v.30 no.2
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• pp.1-23
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• 1999

In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

• The Journal of Fisheries Business Administration
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• v.39 no.2
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.101-124
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• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• Industry Promotion Research
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• v.5 no.3
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• pp.123-134
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• 2020

This study analyses the Korean successive governments' nuclear strategies after the post-cold war and suggests the future countermeasures as analysing to reciprocally interconnect B. Clinton and G.W.Bush governments' policies and North Korea's nuclear strategy. As the conclusion, this study suggests that the most urgent domestic alternative measure to North Korea's nuclear dismantlement is to prepare the grand strategy with the united whole national consensus and to order the renewed stronger future role by the mutual cooperation of multilateral agreement system and international regimes and lastly to adopt the extended deterrence through the reinforcement of the 5 great joint statements between the South-North Koreas.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.24 no.1
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• pp.75-86
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• 2014

Demand for the femtocell is largely credited to the surge in a more always best connected communication conscious public. 3GPP defines new architecture and security requirement for Release 9 to deal with femtocell, Home eNode B referred as HeNB. In this paper, we analyze the HeNB security with respect to mutual authentication, access control, and secure key agreement. Our analysis pointed out that a number of security vulnerabilities have still not been addressed and solved by 3GPP technical specification. These include eavesdropping, man-in-the-middle attack, compromising subscriber access list, and masquerading as valid HeNB. To the best of our knowledge, any related research studying HeNB security was not published before. Towards this end, this paper proposes an improved authentication and key agreement mechanism for HeNB which adopts proxy-signature and proxy-signed proxy-signature. Through our elaborate analysis, we conclude that the proposed not only prevents the various security threats but also accomplishes minimum distance from use-tolerable authentication delay.

• The Journal of the Korea Contents Association
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• v.20 no.9
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• pp.249-260
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• 2020

This research examined Israel's economic trends, trades, and cooperation with Korea prior to the entry into force of the Free Trade Agreement (FTA) between Korea and Israel. Also, this research assessed opportunities and ways to expand the above more easily. Israel has a high level of technology in basic materials and information technology (IT). Meanwhile, Korea mainly exports automobiles and wireless communication equipment to Israel and imports semiconductor-related equipment and aviation components from Israel. Moreover, since the two countries signed a trade agreement in August 2019, they expect to expand trade with each other. As such, in order to promote multilateral trade and cooperation between the two countries, it is necessary to expand joint development opportunities through mutual collaboration on basic industries and smart mobility that Korea is in need. Further, Korean construction and materials companies related to the SOC industry in Israel should accelerate their local advances. In addition, more of the governmental support should be provided to foster regional experts and to offer various information to the companies entering the country.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.31-56
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• 2007

The purpose of this thesis lies on building the foundation for the further activation of trade among the Northeast Asian countries such as South Korea, Japan, China, Russia, and North Korea through an analytical comparison of their arbitration systems. Further activation of trade cannot be reached without previously building safety measures on the negotiation of exports, the control on defective imported merchandise, the returns on investments, and the stable management of businesses. Throughout this thesis an analytical comparison of these five countries' most important areas on arbitration will be carried out. These areas are the arbitration laws and organizations; the structures of the laws; scope of arbitration; form of arbitration agreement, appointment of arbitratiors, place of arbitration, hearing, court assistance in taking evidence, governing law, decision making by panel of arbitrators, form and contents of awards, effective of award, recourse against award, recognition and enforcement of awards. etc. It was found in each of the areas cases to be identical, similar or verydifferent; also, cases unable to arbitrate. This phenomenon was found to occur due to the differences in political and economic systems and perception of arbitration among these countries. Additionally, this thesis points out what should each country do for its integration. It is also suggested the organization of a common arbitration research body to continue the efforts for raising the awareness, building trust, and mutual recognition among the countries to ultimately create a common arbitration system. Lastly, it is a personal will that this thesis will serve as the starting point for in depth researches in each of the presented areas.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.113-137
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• 2005

In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.

• Korean journal of communication and information
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• v.30
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• pp.143-174
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• 2005

This study aims at applying Chaffee & McLeod's co-orientation model to Internet portal news providers and users to find out their mutual understanding toward various features of online news. Included in those features are interactivity, expansion of user role, larger choices(user characteristics), real time update of news, limitless quantity, contextualized contents through hypertext, data base service, and multimedia contents(contents characteristics). To test the level of agreement, accuracy and congruency between the parties, a survey was conducted among 105 portal news providers from 11 online news media, and 105 portal news users between ages 20 and 40. The result indicated that both portal news providers and users showed agreement for user characteristics, but by and large displayed either ignorance or partial congruency toward contents characteristics. Communication between portal news providers and users are thus exported to increase until it reaches the point where the internet's newly born identity as a news medium gets finally stabilized.

• Health Policy and Management
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• v.19 no.1
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• pp.1-30
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• 2009

Korean medical fee contract system between the insurer and healthproviders was introduced in 2000. However, a continuous discord among contracting parties concerned and an irrational operation of an arbitration committee of Ministry for Health, Welfare and Family Affairs (MIHWAF) have made it difficult for them to reach to an agreement over last 8 years. The purpose of this study is to observe the current problems of contract system from the view of health insurance law and actual examples. Furthermore, I examined the of breakdown of negotiation by analyzing the eligibility of contracting parties, rationality of Resource Based Relative Value System (RBRVS) and contracting method and fairness of arbitration method in case of negotiation rupture. The results were as follows: First, since the introduction of medical fee contract system, there has been a problem in that both the president of National Health Insurance Corporation (NHIC) and health care provider association have not held strong negotiation power. Second, the frequent changes and notifications of Relative Value Units (RVUs) without any mutual consent between the insurer and provider association negatively have influenced the conversion factors and finally hindered the agreement of contract. Third, a current process that the conversion factors are mediated and determined at the arbitration committee of MIHWAF in the case of contract breakdown between contracting parties has some flaw in that the irrational composition of committee provoked the lack of fairness and objectivity of mediation. Fourth, we can not prospect a satisfactory outcome of arbitration committee because the mediation always has failed to proceed smoothly due to boycott of both committee members from insurer and providers over last 8 years. As a result, we have to make an every effort to resolve problems mentioned above and then dream of an advanced national health insurance system.