• International Journal of Advanced Culture Technology
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• v.7 no.4
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• pp.63-68
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• 2019

Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.161-199
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• 2019

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.43-69
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• 2022

In the case of the United States, which has the same provision as Article 10 of the Federal Arbitration Act, a contract may be exceptionally validated if the parties have clearly concluded the contract to expand the grounds for vacating awards in an arbitration agreement. It is possible that the parties create the grounds for vacating that is not stipulated in the statue by clear agreement. However, it remains the issues when this contract is valid. If we investigate the grounds for setting aside as discussed in this paper, in cases ① where an arbitrator failed to apply the substantive law expressly designated by the parties without a good reason; ② where there was a serious error in the application of the substantive law; ③ where an arbitrator decided under ex aequo et bono despite the parties explicitly designated the substantive law, the parties may bring an action for annulment of arbitral awards in court according to their agreement to expand the grounds for vacating the awards. It is important enough to change the rights and obligations of the parties for them whether or not the substantive law of the arbitration was applied. With Regard to the contract to expand the grounds for setting aside the awards in arbitration agreement, there are still issues how to handle the case where the parties have not designated the substantive law, and the validity of a contract to expand the grounds for vacating on reasons other than violation of law application, and relations with Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, where the misapplication of the law does not stipulated as the grounds for refusal to recognize and enforce the foreign arbitral award, and so on.

• Journal of the Daesoon Academy of Sciences
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• v.18
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• pp.1-24
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• 2004

This paper is to inquiry into the conceptual model of religious education in school curriculum focused on 7th revised curriculum, subject matter and teacher training system. We have to consider the related variables for the operation of school curriculum: student, school, teacher. In school curricula of Korea, religious education can be practiced as a elective course of subject, discretion activity and special activity, latent curriculum etc. And also it should be considered student's right of option and autonomy of private school, because at least those are the important variables effect upon the religious education in school curriculum. Now I'd like to abstract results of this paper as followed. First, it should be considered student's right of option for religious education in private school curriculum. But at this case, also under the name of education it should be justified precondition of purpose, content, approach method. If not, it easy to access to pejorative meaning as a religious indoctrination. Second, in case of conflict between student and school, I think that a proper method is to adjust the related variables. Third, if the purpose of religious education in school based on religiosity, it can be cover the understanding of religious culture, affectionate domain of religiosity, behavioral religiosity. Finally, in order to accomplish such an conceptual model of religious education in school, it should be set a condition for teacher training system, subject matter etc.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.49-97
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• 2014

This study is about the availability of Chinese internal arbitration institutions by Korean invested companies. Generally, Chinese internal arbitration institutions lack independence from government. However, because parties seeking an arbitration award have ways to get neutrality from internal arbitration institutions that guarantee party autonomy, these Korean companies can use Chinese internal arbitration institutions to resolve disputes in China. Special attention should be given to the following. First, because Korean companies invested in China are legally in the same position as Chinese companies, unless foreign-related factors intervene, when disputes occur with Chinese companies or individuals, the disputes correspond to internal dispute, and when it comes to choosing the arbitration institution, these Korean companies must choose either a Chinese internal arbitration institution or foreign-related arbitration institution. Second, most Chinese internal arbitration institutions still lack independence from government, which can influence the fairness of arbitration in the future. Therefore, Korean companies invested in China should think about alternative ways to get a minimum impartiality in arbitration cases. Third, the parties are allowed to choose arbitration rules freely in Beijing, Xian, Chongqing, Guangzhou, and Hangzhou arbitration commissions. Therefore, in arbitration cases, the parties can get impartiality by choosing arbitrators according to the arbitration rules which they agree on, or by choosing partially modified arbitration rules of those arbitration commissions. Fourth, in order to get an impartial arbitration award from Chinese internal arbitration institutions in China, it is important for Korean lawyers or arbitration experts -- fluent in Chinese -- to be registered in the List of Arbitrators of Chinese internal arbitration institution by way of signing a MOU between the Korean Commercial Arbitration Board, or the Korean Association of Arbitration Studies and arbitration commissions such as those of Beijing, Xian, Chongqing, Guangzhou, and Hangzhou which comparatively do guarantee party autonomy. Fifth, because application of the preservation of property before application of arbitration is not approved in China, in practice, in order to preserve property before application of arbitration, it is best to file another suit in China based on other legal issue (e.g., tort) independent from the contract which an arbitration agreement is applied to. Sixth, in arbitration commissions which allow different agreement regarding arbitration procedures or arbitration rules, it is possible to choose a neutral arbitrator from a third country as a presiding arbitrator via UNCITRAL arbitration rules or ICC arbitration rules. Seventh, in the case of Chinese internal arbitral award, because the court reviews the substantive matters to decide the refusal of compulsory execution, the execution rate could be relatively lower than that of foreign-related cases. Therefore, when Korean companies invested in China use Chinese internal arbitration institution, they should endure low rate of execution. Eighth, considering the operational experiences of public policy on foreign-related arbitration awards so far, in cases of Chinese internal arbitration award, the possibility of cancellation of arbitral award or the possibility to refuse to execute the award due to public policy is thought to be higher than that of foreign arbitral awards. Ninth, even though a treaty on judicial assistance in civil and commercial matters has been signed between Korea and China, and it includes a provision on acknowledgement and enforcement of arbitral award, when trying to resolve disputes through Chinese internal arbitration institution, the treaty would not be a big help to resolve the disputes, because the disputes between Korean companies invested in China and the party in China are not subject to the treaty. Tenth, considering recent tendency of conciliation by the arbitral tribunal in China and the voluntary execution rate of the parties, the system of conciliation by the arbitral tribunal is expected to affect as a positive factor the Korean companies that use Chinese internal arbitration institution. Finally, when using online arbitration, arbitration fees can be reduced, and if the arbitration commissions guaranteeing party autonomy have online arbitration system, the possibility of getting impartial arbitration award through them is higher. Therefore, the use of online arbitration system is recommended.

• Journal of Distribution Science
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• v.12 no.9
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• pp.113-123
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• 2014

Purpose - After Korea's Free Economic Zone (FEZ) system was launched in 2003, there have been many debates about upgrading it and its support systems. However, as of 2013, there were insufficient results. Further, upon the designation of the East Coast and Chungbuk as official FEZs from February 4, 2013 by the 56th the Commission, there is a concern that many people are in the area designated as FEZ 8. This study investigates Korea's new FEZ system as part of Korea's primary new economic development policy in the 21st century. Therefore, this study examines views on the weaknesses of the past ten years of FEZs so that Korea can expand its FEZ system. Research design, data, and methodology -Many countries have considered the FEZ as an economic special zone. By reviewing previous research models, this study provides an update using recent data and materials, until 2013, from the Center of Free Economic Zones. In previous studies, the lack of support systems was attributed to proposals to ensure operational autonomy and differentiation of each FEZ; however, the main cause cannot be solved through regulatory issues, as difficulties caused by the operational system are responsible for the problems. We wish to analyze the FEZ, specifically the operational system; this is the main issue of this study. Results - After the first FEZs were established, it became necessary to have basic plans, as investment results in 2013 compared to the same period this year led to lower earnings in the first half of 2014. We propose an improvement of the operational system because in the free economic zones, the operational system is the root cause of the underlying problem. The results of this research are as follows. The weak management of the FEZ system is influenced by weak investment, delayed development, foreigners' living facilities, benefits of foreign investments, the control tower's policy making decision process, quickness of the process of satisfying legal requirements, and support For the independence of FEZs. Conclusion - Local governments do not have legal rights over FEZ deregulation and investment industries. This study suggests that the local government should have more independence from the central government. Moreover, independent management committees are more effective for ensuring public rights, better employee responsibilities, and better-qualified personnel. The FEZ committee struggles to effectively manage the locations of FEZs, foreign investments, and related facilities under the control of the Ministry of Trade, Industry and Energy. Thus, the FEZ committee should be under either the Prime Minister's office or the Presidential committee, to control and effectively coordinate between the local and central governments. If the problem clearly applies to the operational system in 2013, it is necessary to provide materials and methods so that the results of the first half of 2014 can be computed despite the data limits and lack of resources, and the data can be analyzed in a more diachronic thesis.

• Journal of the Korea Society of Computer and Information
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• v.21 no.6
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• pp.97-106
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• 2016

This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

• Journal of the Korean Society of Earth Science Education
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• v.15 no.2
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• pp.299-309
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• 2022

The purpose of this study is to categorize specific factors and characteristics of positive science experience by qualitatively analyzing the positive science experience cases in the memories of pre-service elementary school teachers. For this purpose, 101 essays written by pre-service teachers on the theme of 'my enjoyable science class experience' were analyzed. The collected data were analyzed using an inductive analysis method, and as a result, the characteristics of positive science experience cases in the memories of pre-service teachers were categorized into 4 categories and 12 topic groups. Specifically, 'experience of exploratory activities using special materials', such as long-term raising and observation of animals and plants, experiments using edible materials, and using special experimental tools had a positive effect on scientific experience. In addition, 'experience of activities emphasizing scientific inquiry' such as emphasizing observation activities, experiments accompanied by clear experimental results, making activities, and using various materials also had a positive effect on science experience. In addition, 'student-centered activity experience' such as strengthening student autonomy, emphasizing collaboration between students, and performing science activities outside of the curriculum also had a positive influence on the science experience. Lastly, 'positive influence of teachers', such as teachers' encouragement and enthusiasm, helped to positively recognize science.

• Korean Journal of Legislative Studies
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• v.26 no.1
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• pp.105-145
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• 2020

This study analyzes the effect of institutionalization of Korean metropolitan councils on legislation productivity. Based on the theory of institutionalization of legislatures, three independent variables (stability, complexity and adaptability) were selected to measure the level of institutionalization of a metropolitan council and nine sub-analysis indicators. The main results of the analysis of the effect of the institutionalization of the metropolitan council on legislation productivity are as follows: First, the factors that determine the number of reported bills were the ratio of first-term lawmakers, average number of elected of the chairmen, number of special committees, number of legislative experts, actual age of metropolitan councils, and number of voters per lawmaker. Second, the factors that determine the rate of reported bills were the average number of elected of the chairmen, the number of special committees, the number of legislative experts, the actual age of metropolitan councils, and the number of voters per lawmaker. Third, the factors that determine the number of reported bills per lawmaker is the average number of elected of the chairmen, the actual age of metropolitan councils, and the number of voters per lawmaker. The above result points out that legislation productivity differences of past metropolitan councils can be understood as differences arising from legislative institutionalization levels and several policy considerations can be made to enhance legislation productivity of metropolitan councils.

• Archives of design research
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• v.11 no.2
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• pp.71-81
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• 1998

Outdoor advertising signs of sity is recorgnized as the most basic element forming street scenes of city as well as establishing the citys identity in firsthand and secondhand. It has just started by commercial measure but recntly, in the rapid economical growth and diversified social structure a grent number of business have been generated so that is brings an absoluce increage of kind and quantity in outdoor advertising signs. Such quantitative increase has caused now envirenmental city problems so a more effective control of outdoor advertising signs and sophisticatided and logical design is needed. Thus, I would like to set up the direction with street scenes of city can be formed through this study. Firstly, understanding the concept, special features, and strong, weark points of street scenes of city and outdoor advertising signs. Secondly, in present sitiation analysis, studing and comparing the chracteristic of our present outdoor advertising regulations with those of Japanese regulations. Thirdly performing the reserch upon now advertising signs can be influentia in city scenes and thereafter, issuing possible problem censequantly, I would like to suggest the direction of control policy of outdoor advertising signs as following (1). Leading differentiation of each reggion for the solution of environmental and scenic problem. (2). Non-realistic advertising regulation are needed to be amended for uping changing outdoor advertising signs. (3). Advertising problems should be settleed through effectiveness of outdoor advertising signs administration. (4). The problem of advertising agenics should be leaded short term and long term plan. (5). Collection of scenic pollution should be operated for building up a scenic and community consciousness. Therefore, with these suggestion of clear direction of polish, the improvement of city scenes and regional differentiation followed by activated local autonomy system can be induced so that a more beautiful city scenes can be achiveved.