• 제목/요약/키워드: Recognition and enforcement

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보존연한 도래 및 법적기준 준수를 위한 개인정보 정책적 폐기시스템을 활용한 폐기 누적현황 데이터베이스 구축에 관한 방안 제안 (A Proposal of Methods for Building Databases about the Accumulation of Disuse Utilizing the Political System to Discard Private Information According to the Expiration of In-service Life and Observation of Legal Standards)

  • 서우석
    • 디지털산업정보학회논문지
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    • 제14권3호
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    • pp.45-53
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    • 2018
  • The Personal Information Protection Act has been revised continuously since its establishment, and as a way to secure stability properly, the guidelines as well as enforcement ordinances and regulations have been changed, too. It seems that people's recognition and awareness of private information have already evolved to a certain level that is regarded to be fairly high. However, no one can exactly imagine how much ripple effect scrapping discarded paper regarded simply as waste material which is often and easily practiced in our everyday lives exerts and how many socially significant events it may arouse in our lives. Private information is produced, operated, preserved, utilized, distributed within the frame of law unidentified, and then discarded with a particular purpose. While going through a series of processes, each piece of that private information comes to be reproduced melting a lot of information. It is used and also changed beneficially sometimes to richen our lives or as basic material for welfare. Meanwhile, its importance is decided by its weight or mass and then often gets discarded after all. It means that the process of disuse is being done in a way to arouse the possibility of invasion of personal rights and also the second and third and also more exposure of private information. Therefore, approaching the meaning of automation politically, this study aims to suggest how to secure stability in the process of discarding private information in terms of logical automation.

CISG as a Governing Law to an Arbitration Agreement

  • Park, Eun-Ok
    • Journal of Korea Trade
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    • 제25권7호
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    • pp.108-121
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    • 2021
  • Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

국제계약에서 전자통신의 이용에 관한 협약의 채택과 중재합의에의 적용에 관한 연구 (A Study on the Adoption of Convention on the Use of Electronic Communications in International Contracts and its Application to the Arbitration Agreement)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제16권1호
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    • pp.45-80
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    • 2006
  • The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.

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파키스탄의 상사중재제도에 관한 실무적 접근 (A practical approach to commercial arbitration system in Pakistan)

  • 원성권
    • 통상정보연구
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    • 제16권5호
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    • pp.67-86
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    • 2014
  • 상사중재는 문제를 해결하고 사업 파트너간 분쟁에 대한 해결책을 찾는 신속하고 효과적인 방법이다. 상사중재 발전을 위해 이론 뿐 만 아니라 실무차원에서 중재연구의 접근이 필요하다. 본 논문은 파키스탄 국내 중재법과 파키스탄에서 적용되는 국제상사중재제도에 대한 상황과 접근방법 등을 제시하였다. 파키스탄에서 새롭게 정비된 2009년 중재법은 국내중재, 국제상사중재, 외국 중재판정의 집행뿐 만 아니라 국제투자분쟁의 해결에 관한 법률을 통합하는 것을 목표로 한다. 더 나아가 2011년에 파키스탄 투자자의 신뢰를 회복하기 위해 외국인 투자자를 보호할 수 있는 법을 도입하기도 하였다. 본 논문은 파키스탄의 중재법의 과거부터 현재까지 진전된 관계를 설명하고 새로운 법령에 의해 적용된 변경사항을 설명하고 중재계약 및 판정을 다루는 파키스탄 중재 법률, 규칙 및 절차를 실무차원에서 포괄적으로 제시하였다. 잠재시장인 파키스탄관련 통상정보가 부재한 상황에서 한국무역학자들에게 파키스탄 상사중재제도에 관한 실무적 이해를 돕기 위하여 작성되었다.

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Review on improving measurement of cyber terror management system

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • 한국컴퓨터정보학회논문지
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    • 제21권6호
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    • pp.89-96
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    • 2016
  • Damage and attack size of cyber terror is growing to the national size. Not only targeting at a certain companies or individuals but number of cyber terror targeting government bodies or unspecific people is increasing. This is because compared to traditional weapon, input cost is very cheap but ripple effect and shock are much stronger, affecting not only certain groups but also each individuals. 'Anti-terror measurement for protection of nation and public safety' passed last month is one of the renowned measurement passed regardless of objection from opposition party. The opposition party went against this through filibuster for 192 hours but this finally passed National Congress due to lack of oppositions. Korean government is taking post actions after passage of anti-terror measurement. Legislation of enforcement ordinance and regulations is due by 6th of next month. This regulation will be executed from June 4th after legislation. Whenever there is any security issues such as hacking of Korea Hydro and Nuclear Power and National Intelligence Service happens, lot of attention is made to those hackers. However, social recognition or management of those hackers need lot more improvement. Especially, as market of internet of things is increasing, there is an increased anxiety on information security. But as we only rely on security solutions, this problems are keep happening. Therefore, active investment on nurturing hackers who play the role of 'spear and shield' shall be made. Government should put more efforts to allow white hackers to show their abilities. We should have a policy for supporting high-quality programs such as BoB. To make information protection industry into future growth engine, it is necessary to nurture professionals for information protection and white hackers through special programs. Politicians should make related regulations as soon as possible to remove factors that prevent swift management of cyber attack due to lack of legislation. Government should pay lot more financial investment to nurturing professional manpower than now. Protecting life and asset of nation is responsibility and duty of our government. We all should recognize that controlling cyber attack is a part of national defense.

간판의 정보화를 위한 표준 데이터 모델 설계 (Design of Standard Data Model for the Informatization of Signboards)

  • 권상일;김의명
    • 한국측량학회지
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    • 제38권3호
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    • pp.197-209
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    • 2020
  • 간판은 점포의 특성에 따라 서로 다른 유형과 크기로 건물에 설치되어있다. 하지만, 지방자치단체에서는 잦은 점포의 개업·폐업과 부족한 관리 인원으로 간판을 관리하는데 어려움을 겪고 있다. 이에 본 연구에서는 간판의 정보를 효율적으로 관리할 수 있도록 표준화하여 관리하는 방안을 제안하였다. 이를 위해, 옥외광고물 관련 시행령의 간판 표시방법을 분석하여 간판 표준 데이터의 속성 요소를 정의하였다. 또한, 선행 연구인 간판 인식 기술을 통해 간판의 물리적 정보를 얻고, 맨눈으로 판독 가능한 정보, 행정안전부의 건물통합정보, 도로명 주소를 통해 간판 표준 데이터의 속성 요소를 정의하였다. 간판 표준 데이터는 호환성을 위해 XML 형식으로 설계하였고, XML의 무결성을 위해 XSD를 정의하여 데이터의 유효성이 검증될 수 있도록 하였다. 마지막으로, 간판의 정보를 공간적 특성에 의해 표준화하기 위하여 국가 공간정보 표준에 따라 데이터 제품 사양과 메타데이터를 정의하였다. 이를 통해 간판의 정보화를 위한 표준 데이터 모델을 설계하였다.

일부지역 노인의 구강진료 이용행태와 관련요인 (A study on the aspects of utilization of the dental services for the old and their related factors)

  • 유미선;천혜원;주온주
    • 한국치위생학회지
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    • 제11권5호
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    • pp.791-799
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    • 2011
  • Objectives : This study aimed at examining the aspects of utilization of the dental services in some regions and analyzing the related factors with a view to helping the old solve the dental problems and overcome the difficulties. Methods : This investigation was intended for 422 old people living in Jeon-ju city and Jang-su county from July 18, 2006 to August 25 by direct interviewing posing questions. The survey data sets were analyzed by chi-square, correlation, multiple regression and logistic regression. Results : 1. The average number of the existing teeth per an old person was 13.6 and the 28.8% of the old who didn't use denture called for dentures. 2. The annual coefficient of utilization in dental services for an old person was 52.3% and the annual average visits to dental clinics were 3.12 days while 38.6% of the old experienced illegal dental treatments. 3. The affecting factors on the dental utilization for treatment were as follows: family income, dental clinics available, the number of existing teeth, the days of dental trouble, the recognition of the prevention of the dental disease, the knowledge for the dental treatment and the oral health judged by himself. 4. The major variables influencing the utilization of dental services were spouse presence, form of family, income, having a regular dental care, denture presence and the experience of inconvenience in living. Conclusions : To conclude, the following suggestions could be made. First, It was necessary that enforcement practice of free dental prosthesis service and application to the national health insurance in old people's prosthetic therapy for government support because the economic factor was barrier to utilization of the dental services. Second, Dental clinic was required to the health center because availability of common dental services was big impact in utilization of the dental services.

라틴아메리카 국제중재의 최근 발전경향과 특징 (Recent Trends and Characteristics of International Arbitration in Latin American Countries)

  • 조희문
    • 한국중재학회지:중재연구
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    • 제18권1호
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    • pp.97-119
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    • 2008
  • The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

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RFID를 이용한 장애인전용 주차구역 서브시스템을 위한 기반시설 구축에 관한 연구 (A Study on Construction of Infrastructure for Handicapped Parking Areas Using RFID)

  • 최용석;성현경
    • 재활복지공학회논문지
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    • 제8권1호
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    • pp.67-72
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    • 2014
  • 본 연구는 900MHz 대역의 RFID를 이용하여 장애인 전용주차 공간 확보를 도모하고 향후 주차 후 도우미 서비스의 원활한 응용을 위해 기반시설 시스템을 구축하였다. 장애인 차량에 부착한 태그를 판별하는 RFID 리더의 오인식률을 최소화하기 위하여 최적의 태그 부착 위치와 안테나 설치 위치를 제시하고자 한다. 연구결과 RFID 리더의 높이가 170cm일때 지표면과의 각도 $80^{\circ}$와 차량 진행 방향과 RFID 리더의 안테나 면과의 각도 $90^{\circ}$일 때 최적의 RFID 리더 설치 위치를 나타냈다. 이러한 결과에 맞추어 장애인 전용 주차 공간에 RFID 리더기를 설치하고 이를 단속 카메라와 연동하여 태그 부착 차량 외의 일반 차량에 대한 단속 및 관리가 가능하도록 시스템이 구축되면 장애인 전용 주차공간이 그 본래의 취지에 맞는 용도로 사용되는 것에 크게 기여할 것으로 예상된다.

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A Study on the Amended Arbitration Law of Mongolia

  • Woo, Jae-Hyong;Lee, Min Kyu
    • 한국중재학회지:중재연구
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    • 제27권3호
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    • pp.95-107
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    • 2017
  • Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.