• Journal of the Korean Society of Costume
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• v.52 no.7
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• pp.123-138
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• 2002

This study as one of a series of systematic studies about dancing costumes will compare the costumes of the 16th. 17th century with their normal style of dress. In brief. this study wants people to know about 16th, 17th century court dancing costumes and to understand the culture in the 16th.17th century. From the comparison between the court's dancing costume and the people's clothes, we could get the conclusion as follows. First, pourpoint. chemis, gown, chausses, etc. that people wore were used for the court's dancing costume. While people Pursued the beauty with the ample silhouette. there were used wrinkles. slits. and tailored oblique line-clothes that gave vitality. Second, silk. linen. brocade. etc. that were used for people's chemises were used for the dancing costume. The good quality and beautiful colors of the dancing costume. however. excelled than of the brilliant court's clothes and the people's clothes. Third. the hair style of dancers were very colorful. For example, there were many kinds of hats and furs, corals, etc. that were attached to them on the most of the long curly hair. In summary, for the court's dancing costume, the same type of clothes was used like the people's clothes. There, however, were differences. The slits, tailored oblique line-clothes and shortened skirt gave the activity. There were many decorations symbolizing the nobles' wealth and Power. Especially the use of the decoration of hair and other stake properties was an effective means for expression. The use of personified masks also contributed to the development of the court dance.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.47-68
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• 2004

The problems on application for custody in CIETAC Arbitration Rule are examined in this paper. First, The issue of jurisdiction for application for custody is arisen from the expansion of material jurisdiction of CIETAC. Until 1998, CIETAC had a jurisdiction only for the cases involving foreigners, but now, it has a jurisdiction not only for the cases involving foreigners but also for domestic cases. In the cases of arbitrating disputes involving foreigners, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an intermediate people's court in the place where the object of the application resides, or where the property is located. But in the cases of arbitrating domestic disputes, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an ground-level people's court in the place where the object of the application resides, or where the property is located. Therefore, "People's court" in article 23 of CIETAC Arbitration Rule includes both intermediate people's court and ground-level people's court in its meaning. Second, in the cases that the party concerned submits arbitration to CIETAC, it is not permitted for the party to ask the people's court for custody of property before submitting an arbitration. But there still can be the urgent cases that interests of the party concerned are at stake, and legitimate rights and interests of the party concerned may be damaged beyond remedy, if no application for custody of property is filed immediately. In that cases, even if the party may apply for custody of property with the people's court after submitting an arbitration, it might be too late to preserve property. Therefore, Chinese laws and rules have to be revised so that the party may ask the people's court for custody of property before submitting an arbitration. When revising laws and rules, according to the today's legislation trends, it must be considered that court and arbitration tribunal both have a right to decide the custody of property. When arbitration tribunal decides it, the procedural provisions executing it must be provided. It is also required that China permit to apply preservation of evidence as well as custody of property before submitting an arbitration. It is also strongly recommended that China permit custody of property or preservation of evidence even in the cases that an arbitration is submitted to the arbitration institute which is located in foreign country, not in China.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.133-167
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• 2010

The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.11-74
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• 2010

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.139-160
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• 2020

Shalish is a key ingredient of the dispute resolution culture in Bangladesh since a formal court system has been known to show inefficiencies, such as overburdened cases and litigation process delays. This paper investigates the main function of Shalish and examines the evolution of Shalish in the perspectives of its three variants: a community-based Shalish, a village court, and an NGO variant of Shalish in modern extensions. It was found that traditional Shalish may play a role in the dispute resolution system in modern villages. A village court is a kind of hybrid dispute resolution system combining an informal dispute resolution with a formal court system. A village court is administered by the Union Parishad without intervention from the central government. Both the Shalish and village court have the weakness of unfair verdict exercised by local elders within a community. For this reason, an NGO variant Shalish is to reflect voices of women and other lower people in the community. To this study's interpretation, a village court is a new kind of Shalish combined with a formal court system while an NGO variant Shalish is also a "new" Shalish combined with a mediation system. In this respect, core elements of Shalish tradition have not been changed although various forms of new dispute resolution systems have emerged in the modern world.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.107-134
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• 2006

Enforcement of an arbitration award is an extremely important issue in arbitration. Arbitration, as a dispute settlement process, is rendered meaningless if it is not possible to enforce an award rendered by an arbitration tribunal. On the other hand, the present international arbitration system guided by the New York Convention and UNCITRAL Model Law is established on the dual supervision from the national courts. The nationality of the international arbitral award closely relates to the supervision of the national court, and the national court is entitled to decide the nationality of the international award in accordance with the conditions set in its own domestic law. The national court may set aside arbitral award made in its territory while the foreign court may refuge enforcement of foreign arbitral awards according to its own law and international convention to which it is a party. The conditions set in the Arbitration Law of the People's Republic of China are in agreement with those set in the UNCITRAL Model Law. The Chinese national court is entitled to set aside international awards made in China in accordance with the Chinese Law. The purpose of this paper is to clarify the Chinesr practice on the revocation of international commercial arbitral awards.

• Korean journal of food and cookery science
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• v.32 no.3
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• pp.370-381
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• 2016

Purpose: This study assesses Korean royal court cuisine as perceived by culinary professionals and students for the development of Korean dining. Methods: It was observed in a survey that Korean royal cuisine could be grouped into four classes represented by the following factors: popularity, standardization, tradition, and haute-cuisine. Results: From the analysis of the survey results, it was determined that the people surveyed could be grouped into the following three categories: those who prefer standardization/pursuit of haute-cuisine, traditionalists/popularizers, and those who are indifferent. The survey also assessed whether the ten most popular Korean dishes served to foreigners had variations in royal court cuisine and which food ingredients and combinations of dishes would be the most appropriate. It was determined that control over the sweetness when cooking Bulgogi was needed. For food usually consumed for invigoration, especially for the broth of soup dishes in summer, women preferred clear meat broth with soup than men. When preparing Japchae, it was found that control over the ratio between glass noodles and vegetables and control over the sweetness were needed with respect to the main dishes. Conclusion: The indicator 'education on Korean royal court cuisine culture' showed relatively low satisfaction compared to its high importance, implying that further improvement in these development measures is especially required.

• Journal of the Korean Society of Costume
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• v.29
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• pp.171-182
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• 1996

This thesis is concerned with the study of the court attire the typical attire of the ju-dicial world in a point of time that more than 100 years have passed since the introduction of the modern judical system. In recognition of the fact that compiled data of the official uni-form or attire in Korea are insufficient this study placed its signification on the provision of information with focus on attire. As a result of studying court attire in Korea the conclusion was made as follows: Firstly Official attires in Yi Dynasty were divided by wearing embroidered insignia on the breast and the back of an official robe ac-cordint to court rank as well as by wearing Sa-mo in wadded clothes of Dan-ryeong and attaching all sorts of appurtenances including bands and shoes The Minister of Justice was equipped with Ho-pyo Dae-sa-heon equipped with Hae-chi the mayor of Seoul equipped with Un-an In the era of the Kng Young-jo the minister of Justice had no change in its of-ficial robe but the mayer(Pan-yun) of Seoul (Han-sung-bu) had Un-an(wild geese in clouds) changed into Un-hak In the King Ko-jog era the minister of Justice had Ho-pyo changed into Ssang-ho and the mayor of Seoul had Un-hak changed into Ssng-hak on embroideved insignia on the breast and back of an official robe. Laws and regulations concerning court attire began with the In-judgement Full-dress Uni-form Requlation for official-level Clerical Staff below the ordinary staff the Issue No. 14 of the Royal Ordinance in 1906 provided as $\ulcorner$the matter cincerning the Dress Regulation of the Tribunal staff of the Cho-sun Government-General$\lrcorner$the Issue No. 222 of the Royal Ordi-nance in 1911 and changed into$\ulcorner$the Regu-lation on the Dress of Judge Prosecutor At-torney and Law Count Clerk$\lrcorner$the Issue No. 12 of the Supreme Court Rule in 1953 affter the establishment of Korean Government since emancipation from the Japanese rule and into $\ulcorner$the Regulation concerning the Court Attire of Judge and law Court Clerical Staff$\lrcorner$the Issue No. 516 of the Supreme Court Rule in 1966. The judicial system in Korea is the system introduced from the foreign country rather than autogenously developed. And it came to pass through the Japanese colonial period it the beginning that it took root in Korea n was not stabilized in harmony with our native tradition. Accordingly the attare regulation in the judicial system took root in our society by accepting the Japanese attire regulation as it was and judical officials have come to wear the count attire similar to that of the Japanese imperialist era due to its influence though Korean independent goverment was established together with liberation form the Japanese rule. The more regrettable thing is that the current court attire has maintained the form greatly influenced by the U. S. court attire. Fortunately as the judicial circles have recently raised their voices for change in the court attire it has been told that the forma-tion of a meeting for a new court attire has been under way. The birth of the court attire into Which our tradition is sublimated is expected. This study end up with thinking that the must Korean thing is the most global thing in this era that people in the world are clamoring for globalization.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.1
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• pp.211-253
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• 2005

Recently, the Korean Supreme Court released two important decisions concerning damages for the pain and suffering from Aircraft noise. The local people who are living near the Air Force practice site at Maehyang-ri and the Kimpo International Airport brought lawsuits against the Korean government requesting damages for their financial loss from the severe noise and the damages for their pain and suffering. Plaintiffs alleged that they suffered physical malfunctions, extreme disturbances and the reduction of property values from the extreme noises which were daily repeated. District Court of Seoul Province did not allow plaintiffs all but the damages for pain and suffering. Plaintiffs could not prove the causation between their financial loss and the noise. The Supreme Court confirmed the lower court's decision. Article V of the National Compensation Act (analogous to the Federal Tort Claims Act of the USA) reads, "the government shall be liable for any loss caused by the defect on establishment or maintenance of public facilities." In the two cases, the major issue was whether the government's establishment or maintenance of Air Force practice site and the airport was defective because they caused serious noise to surrounding neighbors. Previously, the Supreme Court interpreted the clause "defect on establishment or maintenance of public facilities" as failure of duty to provide safety measures to the degree generally required to ordinary manager. However the Court at this time interpreted differently that the defect could be found if the facility caused to any person loss to the degree intolerable. In the two cases the Court confirmed the lower court's finding that noise level at the site was severe enough to be intolerable. This standard is based on the severity of the loss rather than the failure of duty. It became easier for plaintiffs to prove the cause of action under this interpretation. The consequence of the ruling of these two cases is 'rush to the courtroom' by the local people at similar situations. The ruling of these two cases was not appropriate both in theory and in consequence. The Korean tort system is basically based on the theory of negligence. Strict liability is exceptional only when there is special legislation. The Court created strict liability rule by interpreting the Art. V of the National Compensation Act. This is against the proper role of the court. The result of the cases is also dismal. The government was already sued by a number of local people for damages. Especially the Department of Defense which is operating many airports nationwide has financial hardship, which will cause downsizing military practice by the Air Force in the long run, This is no good to anyone. Tens of millions of dollars which might be used for compensation might be better used to prevent further noise problem surrounding airports.