• The Korean Journal of Air & Space Law and Policy
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• v.12
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• pp.36-65
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• 2000

The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.461-503
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• 2008

The right to live is the most valuable benefit and protection of the law. And Medical science is the study considering value of life as the top priority. As modern medical science has progressed and expanding lifespan skills have developed, the number of symptom, called a human vegetable, has been also increased. As a result, people concerns whether euthanasia should be permitted. (1) Active euthanasia is prohibited and a doctor who conduct it is punished. (2) Indirect euthanasia can be permitted unless it is against a patient's intention. (3) Permission of passive euthanasia depends on intention of a patient. In other words, when a patient accepts, a doctor respects the right of self determination of patient and irreversible situation such as brain death happens, treatment stop is permitted. Even a patient who is in the last stage of cancer has a right to die in the dignity and elegance. Solutions for ceasing medical treatment are as follows; First, establishment of 'Bioethics Committee'. Second, setting procedures to empower a court a right to decide whether medical treatment is ceased. Third, setting procedure a government to assist treatment fees. In this paper, direction for social agreement of legal policy regarding the ceasing treatment is provided.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.211-238
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• 2001

This article discusses and analyses several issues regarding to the Electronic Signature and the Electronic Certification. The objects of the analyse are the each paragraphs of the Korean Electronic Signature Act of 1999 and that of the Korean Electronic Transaction Basic Act of 1999 in comparing to the paragraphs of the Electronic Signatures in Global and National Commerce Act' (E-Sign) of 2000, U.S.A. and that of the Draft UNCITRAL Model Law on Electronic Signature of 2000. The main issues discussed herein are the scope of the electronic signature, the definition of the electronic signature, permission of services to the non-authorized certification service providers, the effect of the electronic signature, the liability of the concerning parties of the electronic signature including liability of the certification service providers, that of the subscribers and that of the relying parties. This paper also discusses the problems of the possibility of issuing the electronic negotiable commercial papers, the validity of the electronic signatures done by electronic agents, the authority certificate, mutual certification of the foreign certification service providers, the permission of the electronic notary service, the problems of the consumer protection and the possibility of issuing electronic insurance policy, etc. The writer concludes by suggesting some measures that will activate the use of electronic signatures under the korean circumstances.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.313-328
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• 2013

Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.81-112
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• 2013

This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been "warehouse to warehouse", has been extended to what may be called "shelf to unloading". Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words "held covered" could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called "phantom ship problem", arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.

• The Korean Journal of Applied Statistics
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• v.30 no.5
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• pp.759-774
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• 2017

Earthquake concerns have grown after a remarkable earthquake incident on September 12th, 2016 in Gyeongju, Korea. Earthquake forecasting is gaining in importance in order to guarantee infrastructure safety and develop protection policies. In this paper, we adopt a power-law distribution model to fit past earthquake occurrences in Korea with various historical and modern seismological records. We estimated power-law distribution parameters using empirical distributions and calculated the future probabilities for large earthquake events based on our model. We provide the probability that a future event has a larger magnitude than given levels, and the probability that a future event over certain levels will occur in a given period of time. This model contributes to the assessment of latent seismological risk in Korea by estimating future earthquake probabilities.

• Journal of Digital Convergence
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• v.10 no.4
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• pp.167-172
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• 2012

There is no substantive enactment in our country to regulate testifier's false statement in the process of investigation under current law. In consideration of such investigation reality, there exist predominant view that the regulations against testifier's untrue statement are necessary to fine actual truth on criminal justice. However, such view is not quite agreeable, for it holds a probability that excessive investigation rights might cause infringement on personal rights. It's because of human rights protection that the criminal justice puts before the finding of actual truth as its biggest principle, and as we see above, any testifiers' untrue statement are already punishable, although restrictive, through interpretation of deceptive scheme under current law such as obstruction of justice, crimes of sheltering or flying a criminal or calumny.

• Convergence Security Journal
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• v.16 no.3_2
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• pp.43-54
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• 2016

Korea's police force has successfully performed its difficult mission of maintaining public order while overcoming difficulties at home and abroad during the past half century. However, the environment in which the forces of law a nd order operate has exponentially increased the demand for, and difficulties faced by, the agents of law enforcement in recent years because of the country's rapid globalization, as well as the move to democracy and localization, and the extensive developments in industrialization and information technology diffusion. This study also intends to investigate the appropriate limits of law enforcement and the use of force by policemen, and the general public's perception of the police as they fulfill their duty of protecting citizens' rights.

• The Journal of Information Technology
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• v.8 no.3
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• pp.57-71
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• 2005

This thesis is to explore the relaxation of restrictions at the acquisition of own stock, and to get the results from this system many countries' legislations were alluded as model cases for Korean system. In comparing with America, Japan, Europe(EC 2nd Commercial Law), and England, the final suggestion for Korean companies law as follows: The solution of problems which is derived from the acquisition at own stock in enterprise is to make the optimum situation for the economic development and stability of stock market. So, to solve these problems needs the relaxation of restrictions for this system and by the relaxation of restrictions can get the distribution of its profit to stockholder, and the compensation for employers and employees. Furthermore, through this system the company can achieve the protection against M&A and the supply of company funds. In conclusion the relaxation of restrictions at the acquisition of own stock is acknowledged the necessity, but the problems that would be followed must be necessarily minimized, and to do so, the legal system has to be molded for this purpose and the its procedure(that is, accounting deal of own stock, the fictitious dividend, and non-appliance of tendency control) has to be prior to the legal system.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.55-83
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• 2022

The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.