• Journal of Legislation Research
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• no.41
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• pp.337-366
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• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.115-168
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• 2018

An amendment to Japanese Civil Aeronautics Act came into effect December 10, 2015. The Act prohibits flying drones over residential areas or areas surrounding an airport without permission from the Minister of Land, Infrastructure and Transportation. Flying drones during night time and during an event is also prohibited. The term "UAV" or "UA" means any aeroplane, rotorcraft, glider or airship which cannot accommodate any person on board and can be remotely or automatically piloted (Excluding those lighter than a certain weight (200 grams). Any person who intends to operate a UAV is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of UAVs in the daytime, (ii) Operation of UAVs within Visual Line of Sight (VLOS), (iii) Maintenance of a certain operating distance between UAVs and persons or properties on the ground/water surface, (iv) Do not operate UAVs over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by UAV, (vi) Do not drop any objects from UAVs. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes some issues as to regulations of UAVs in Korean Aviation Safety Act by comparing the regulations of UAVs in Japanese Civil Aeronautics Act. This paper, also, offers some implications and suggestions for regulations of UAVs under Korean Aviation Safety Act.

• International Commerce and Information Review
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• v.8 no.4
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• pp.23-41
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• 2006

The present paper aims to examine the Influences of on line word of mouth(WOM) information valence and information contents to the information searcher. Specially, to examine the interaction effect it's two variables. For that purpose, we categorize WOM information valence into two subcategories; positive and negative, and WOM content into two subcategories; objective evaluation and subjective evaluation. We conducted experimentation design 2*2 and subjects are asked to their attitude and purchase intention after they are exposed each of four different types of WOM information. The result can be summarized as follow; First, the negative WOM has stronger effect on consumer's attitude and purchase intention than positive. Second, factual WOM has stronger effect on consumer's attitude and purchase intention than subject. Finally, when consumer face negative WOM, subjective WOM has more effect on consumer's attitude and purchase intention than factual. On the contrary, when consumer face positive WOM, factual WOM has more effect on consumer's attitude and purchase intention than subject. In conclusion, the korean Foreign Trade Act and other relative acts should be revised, and both educational services and health services should be contained within the definition of "the international trade" for the governmental benefits of supporting the services exportation.

• International Commerce and Information Review
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• v.8 no.3
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• pp.23-42
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• 2006

Services, despite the difficulty of its exact definition, can be defined as deeds, efforts, or performances by economical bodies, attributing to four unique characteristics - intangibility, inseparability, heterogeneity, and perishability. This study aims to research the global competition and problems of the local professional services, especially educational services and health services, and to suggest some devices for increasing the exportation of both educational services and health services. Educational services and health services were reserved in the multilateral negotiation to open the WTO parties' markets because of its national public benefits. But it is indispensable to open our local market by the bilateral FTA negotiation. Legal restrictions, therefore, related to both education and health should be erased according to the basic rule of the market competition, and it is advisable to control the national public benefit of these services by enacting the different legal systems. For recovering from minus balance of payment in the educational services or health services, furthermore, it is necessary to drive rather some offensive exporting policies than the defensive policy against supply from the foreign countries. In conclusion, the korean Foreign Trade Act and other relative acts should be revised, and both educational services and health services should be contained within the definition of "the international trade" for the governmental benefits of supporting the services exportation.

• Land and Housing Review
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• v.10 no.1
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• pp.1-7
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• 2019

This article assumes that the first newtown has declined in Korea. Urban regeneration projects should be implemented for regeneration for CBD in Newtown as well as small local cities. The purpose of this article is to analyze the character of the subway area and to suggest the key issues for regeneartion in the subway area. Especially focussing on the local important commercial function in 5 subway areas. As a result of analyzing 5 subway areas according to basic statistical data, field interviews, and legal decline diagnostic index, all five commercial districts showed decline. In particular, the decline of Baekseok Station area appears to be serious, and there is a key factor that attracts the decline of the commercial area such as the long - term building or the closure rate of each commercial area. In addition, the vacancy rate is increasing due to large distribution facilities in new cities, the entry of new floating facilities on the outskirts, and unsold new stores, and the recession is accelerating. In this way, the signs of decline in the core of the new city are enriched, but the current Urban Regeneration Act is a legal system with a policy goal of regeneration of small and medium cities in the provinces as a system to promote the function of core bases rather than the overall redevelopment of new cities. Therefore, preemptive response is needed for the regeneration in those areas.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.187-210
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• 2014

As port functions change to act as an economic catalyst and take on a central position in industries engaged in international trade, port hinterland has become a significant component in international shipping. The success of port hinterland as a strategic base of logistic activities critically depends on location selection factor for international distribution center that links elements of global supply chain management. By examining multi-measurement items empirically, this paper analyzed location selection factor for international logistics distribution center in port hinterland, and evaluated Busan new port hinterland from the user's perspective. Employing exploratory factor analysis, the results revealed that the model structured around five factors incorporating geo-location and accessibility, availability, political supports, cost factors, and quality of business environment is valid and reliable in the context of the location selection factors for logistics distribution center in the context of port hinterland operations. The evaluation of Busan new port hinterland provides useful insights for strategic improvement to accommodate the users' expectation. Further, the model offers both a descriptive and diagnostic strategic management tool for port hinterland development and operations, to guide future improvement.

• Korean journal of communication and information
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• v.44
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• pp.180-222
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• 2008

This study briefly examines the regulation of market-dominating enterprises in terms of market definition, judgement about market dominance, judgement about abuse of market-dominant position, and types of abuse of market-dominant position. This study explores Korea Fair Trade Commission's judgemental cases regarding the prohibition of abuse of market-dominant positions under 'Korea Monopoly Regulation and Fair Trade Act' and focuses on 21 cases related with Korean media industry. Based on this case analysis and literature review, this study derives major issues, problems, and possible alternatives in the regulation of market-dominating enterprises in media markets. And this study suggests implications about monopoly regulation and fair competition policy of Korean media industry.

• Korea Trade Review
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• v.42 no.2
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• pp.29-52
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• 2017

This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

• Korea Trade Review
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• v.46 no.5
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• pp.173-194
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• 2021

This study aims to derive precaution points for issuing banks in refusing payment under L/C through literature review and examination of court cases and official opinions of ICC Banking Commission with regard to the provisions of article 16 of UCP 600 that stipulates obligations of issuing banks in refusing payment. If the issuing bank fails to act in accordance with this article, it shall be precluded from claiming that the documents do not constitute a complying presentation. Therefore, it is crucial that issuing banks should be well informed of this article. When discrepant documents are presented, however, issuing banks seldom refuse payment because, in most cases, the applicants waive the discrepancies. For this reason, issuing banks have few chances to deal with payment refusal in practice and thus they occasionally end up failing to observe the provisions of the article. Such court cases include Kookmin Bank and Korean Exchange Bank (currently Hana Bank) that failed to indicate discrepancies in the refusal notice losing the lawsuits. It should be noted that if issuing banks disregard the provisions of article 16 of UCP 600 and thus fail to indicate discrepancies in the refusal notice, they may face fatal situations in which they must make payment against discrepant documents.