• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Korean journal of communication and information
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• v.49
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• pp.81-98
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• 2010

This study was executed with the aim of finding out how journalists accept the market-driven journalism. 24 journalists were selected from each conservative and progressive newspapers and held in-depth interviews. The result show journalists believe that news articles should be useful than interesting. Also the result show they think it is just market-driven journalism that making public issues to social dispute in Korea. And most of them thought newspaper should be made toward upgrading it‘s contents and quality. There were some differences in thinking about those study issue between journalists belong to conservative and progressive newspapers. But there were no differences between reporters and desks.

• Review of Korean Society for Internet Information
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• v.14 no.4
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• pp.63-76
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• 2013

This short report introduces the general background why Brazil conference is being prepared and what topics would be undertaken and what goals are being taken into account. It overviews what differences from traditional telecommunication governance, internet governance has had in its historical development and how such differences had been formed from its technological differences and the regulatory policy shift from common carrier regulation to privatization. Moreover, the fact that open, voluntary, bottom-up, diverse stakeholder's participation had evolved throughout the historical development of the internet, had established the present multistakeholder governance model from technological standardization to addressing scheme policies. ICANN, which has governed internet addressing schemes since the earlier 2000s, had developed address policies including IANA function from Jon Postel and technical community's legacy management system into contract based formation between ICANN and gTLD, ccTLD registries. And it made dispute resolution policies responding to trademark disputes and resolved gTLD monopoly issue by introducing new TLD generation and the separation of registry and registar. However, there had been challenges on the legitimacy of ICANN due to its dependency on the Federal Government of the U.S. particularly in its oversight role over ICANN and IANA contract. WSIS raised up internet governance issues including addressing governance, and set up IGF as a discussion platform for multistakeholders to discuss and share all views on other internet related public policies. IGF's loose and non-binding discussion once frustrated governments and other stakeholders, but more focused discussion and visible outcomes have consolidated its unique role for internet governance discourses. Particularly, IGF addressed many emerging internet related issues like cybersecurity, privacy, net neuratlity, development related issues. WTPF of 2013, after WCIT debate on whether traditional telecommunication regulation could be applied to internet infrastructure, suggested other governance issues such as the transition to ipv6, IXP coordination etc. How to make sure the legitimacy of internet addressing governance and how and where other internet related public policies could be undertaken are fundamental tasks for internet governance. Brazil conference, which has been motivated by the breakdown of trust in internet governance from NSA mass surveillance revealed by Snowden, faces these questions and try to make consensus on principles, institutions and roadmap for internet governance in multistakeholder participation way.

• Journal of Korean Society of Coastal and Ocean Engineers
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• v.21 no.5
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• pp.371-379
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• 2009

In this paper, we discussed methods and problems for estimating historical shorelines on a reclaimed land. Since many of coastal lands are unregistered in Korea, reclamation of public waters could cause complicated land ownership dispute. Unlike cadastral boundaries, historical shorelines can be represented by those of various locations due to lack of legal definition of shoreline as well as characteristics of shoreline changes, which directly influence on the calculation of coastal and submerged land areas. Through a case study for Anjeong industrial complex, a systematic method of investigating historical shorelines was suggested to resolve the problems. For a rocky coast where shoreline changes are not likely to occur, a shoreline based on tidal datum was retrieved using aerial photographs taken before the construction of reclamation. Compared with ground survey data, the shoreline was accurate, indicating that the digital photogrammetry was reliable.

• Korean Journal of Construction Engineering and Management
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• v.2 no.1 s.5
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• pp.78-87
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• 2001

Recently many construction claims related to the ommission and discrepancy of design document are alleged since 1998 and various dispute resolution methods are appeared. But many contractors alleged claims are not satisfied with the result because of not sufficiently reflecting construction practice. The purpose of this study is to analyze the liability of contract privity from the view point of the contract related law and to analyze the claims and claim factor, and to suggest construction contract practice in the public project. The construction claims related to the design document may be minimized, through (1) the accumulation and retrieval of standard forms by owners' type, (2) the usage of specified specification considering project characteristics, (3) the materialization of detail subsurface design and various contract method in heavy engineering construction.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.9 no.10
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• pp.4250-4267
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• 2015

Although many revocable group signature schemes has been proposed in vehicular ad hoc networks (VANETs), the existing schemes suffer from long computation delay on revocation that they cannot adapt to the dynamic VANETs. Based on Chinese remainder theorem and Schnorr signature algorithm, this paper proposes an efficient revocable group signature scheme in VANETs. In the proposed scheme, it only need to update the corresponding group public key when a member quits the group, and in the meanwhile the key pairs of unchanged group members are not influenced. Furthermore, this scheme can achieve privacy protection by making use of blind certificates. Before joining to the VANETs, users register at local trusted agencies (LTAs) with their ID cards to obtain blind certificates. The blind certificate will be submitted to road-side units (RSUs) to verify the legality of users. Thus, the real identities of users can be protected. In addition, if there is a dispute, users can combine to submit open applications to RSUs against a disputed member. And LTAs can determine the real identity of the disputed member. Moreover, since the key pairs employed by a user are different in different groups, attackers are not able to track the movement of users with the obtained public keys in a group. Furthermore, performance analysis shows that proposed scheme has less computation cost than existing schemes.

• Journal of the Korea Society of Computer and Information
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• v.27 no.3
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• pp.165-171
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• 2022

In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.26 no.4
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• pp.283-304
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• 2015

The purpose of this study was to identify Web accessibility issues of healthcare websites of the Korean government and public agencies by evaluating these websites' accessibility in accordance with the Korean Web Contents Accessibility Guideline. This study conducted both automated and expert testing to assess the accessibility of a total of 27 health-related websites. The results of the assessment which was conducted in two stages indicated that institutions such as the National Hospital and National Rehabilitation Center demonstrated almost no Web accessibility error. In addition, the Korea Health Insurance Review and Assessment Service, the Ministry of Health and Welfare, the Health Services Agency, the Ministry of Food and Drug Safety, and the Korea Medical Dispute Mediation and Arbitration Agency attained very high web accessibility. However, the results of an expert evaluation highlighted that there were considerable errors in providing appropriate alternative text, which was not found in the automated test, and the color contrast of the text content did not comply with Web accessibility standard. Therefore, these websites did not support web accessibility for the sight-impaired. Furthermore, the present study found that it was difficult to deliver accurate information to users due to errors in the default language display and markup, and also, issues of skipping repeated content, content linearization, and compliance with keyboard use were considered as challenges that might arise for people with sight, cognitive and mobility impairments with respect to Web accessibility. It is the first study that evaluated accessibility of healthcare websites of the Korean government and public agencies based on the Korean Web Contents Accessibility Guideline. The present study made a contribution to research on Web accessibility by conducting expert testing, which provided a more complete assessment that identified the degree and specific issues of accessibility errors when compared to automated testing.

• Korean journal of communication and information
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• v.62
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• pp.286-314
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• 2013

The purpose of this paper is to explore the effect of stereotype, public frame, and Twitter remediation on country reputation. Diaoyudao/Senkaku dominium dispute was chosen which has been a lasting territorial problem between Japan and China. According to a survey conducted toward 210 Koreans aged 20 to 40, stereotype of Japan and China has effects on each reputation. Legitimacy-securing frame only affect China's country reputation. While stereotype of Japan and 'attribution to Japan's responsibility' frame significantly interacted with Japan's country reputation, stereotype of Japan and 'attribution to both sides' responsibility' frame also interacted with Japan. Also, Twitter remediation activity categorized into producing, distributing and viewing was examined. Only producing and viewing had effects on Japan's reputation. In terms of interaction, the more opinion leaders do distributing, the more they agree on attribution to both sides' responsibility frame, and recognize China's reputation more positive. Consequently, it was proved that Twitter opinion leaders interpreted public frame and recognized country reputation in a different way compared to the normal Twitterians.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.25-46
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• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.