• Acta Via Serica
• /
• v.4 no.2
• /
• pp.119-128
• /
• 2019

This paper attempts to reveal little-known pages from the history of relations between the peoples of Central Asia and Korea based on materials derived from written sources and modern scientific literature, as well as from medieval wall paintings from the early medieval Afrasiab Palace of Varhuman, the ruler of Samarkand, and from stone sculptures of Sogdian figures contained in Silla royal tombs. Korea's interest in the western lands led to its contact with Buddhism, which spread and later flourished in all three Korean kingdoms (Koguryo, Paekche and Silla). The spread of Buddhism in turn motivated a number of Korean monks to undertake pilgrimages to India via Central Asia. Hyecho, a young Silla pilgrim, left evidence of his journey via the South China Sea to India in 723 AD. Paul Pelliot discovered a report from Hyecho's journey entitled Notes on Pilgrimage to Five Regions in India (Wang Wu Tianzhuguo zhuan) in the Dunhuang caves in 1908. Hyecho's contributions are worthy of attention, substantially complementing knowledge available for this little-studied period in the history of South and Central Asia. The information contained in Hyecho's manuscript is, in fact, considered the most significant work of the first half of the 8th century. Research regarding the relationship between Central Asia and Korea remains underdeveloped. Existing historical evidence, however, including the above mentioned Samarkand wall paintings, depicts the visits of two Korean ambassadors to Samarkand, and evidence from Silla tombs suggests the presence of diplomatic relations in addition to trade between the two regions. Overall, the history of the relationship between Central Asia and Korea yields new insights into how and why these distant countries sustained trade and diplomatic and cultural exchange during this early period. Taking into account Korea's growing interest in Uzbekistan, especially in its history and culture, this article can act as a catalyst for studying the history of the two country's relations.

• International Commerce and Information Review
• /
• v.13 no.1
• /
• pp.197-216
• /
• 2011

Computer technology has enhanced a new transaction between device or software not just between humans. It offers users agent-like functionality and becomes increasingly common. It's roles diverse from gathering informations to automated trading. However, the use of new technology challenges to traditional legal systems and makes issues in adjusting the legal systems. Contract with electronic agents makes some issues such as whether the contract is enforceable or what principle's responsibility about the operation of electronic agents is. This paper analysis these issues and provides some solutions. First of all, we should make a legal act or revise previous laws. It is better that new civil law establishes for electronic communications and approach the law of agency for attribution of the responsibility issue. Secondly, in practice, website such as shopping mall should provide the terms of conditions to bind a contract.

• Journal of Information Technology Services
• /
• v.21 no.3
• /
• pp.27-42
• /
• 2022

Open Data is an essential resource for the data industry. 'Act On Promotion Of The Provision And Use Of Public Data', enacted on July 30, 2013, mandates public institutions to manage the quality of Open Data and provide it to the public. Via such a legislation, the legal basis for the public to Open Data is prepared. Furthermore, public institutions are prohibited from developing and providing open data services that are duplicated or similar to those of the private sector, and private start-ups using open data are supported. However, as the demand for Open Data gradually increases, the cases of refusal to provide or interruption of Open Data held by public institutions are also increasing. Accordingly, the 'Open Data Mediation Committee' is established and operated so that the right to use data can be rescued through a simple dispute mediation procedure rather than complicated administrative litigation. The main issues dealt with in dispute settlement so far are usually the rights of third parties, such as open data including personal information, private information such as trade secrets, and copyrights. Plus, non-open data cannot be provided without the consent of the information subject. Rather than processing non-open data into open data through de-identification processing, positive results can be expected if consent is provided through active rights processing of the personal information subject. Not only can the Public Mydata Service be used by the information subject, but Open Data applicants will also be able to secure higher quality Open Data, which will have a positive impact on fostering the private data industry. This study derives a plan to establish a rights processing platform to enhance the usability of Open Data, including private information such as personal information, trade secrets, and copyright, which have become an issue when providing Open Data since 2014. With that, the proposals in this study are expected to serve as a stepping stone to revitalize private start-ups through the use of wide Open Data and improve public convenience through Public MyData services of information subjects.

• Journal of Arbitration Studies
• /
• v.20 no.3
• /
• pp.3-24
• /
• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• International Commerce and Information Review
• /
• v.18 no.4
• /
• pp.165-193
• /
• 2016

This paper conducts a comparative analysis of the KORUS FTA and the TPP Agreement to assess the current state of affairs in international trade rules for the pharmaceutical industry. Intellectual property rights as well as public health related regulations have evolved to strengthen the position of innovator drug companies. In particular, the TPP Agreement which adopted data exclusivity for biologics for the first time, will set the standard for the future. Apart from this however, the TPP Agreement has not gone further than the KORUS FTA and in some respects, even contains greater policy flexibilities and provisions for market access than the KORUS FTA. Korea should take advantage of such differences when and if she must engage in negotiations to join the TPP Agreement or a renegotiation of the KORUS FTA.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.19
• /
• pp.7-31
• /
• 2003

The governments of almost countries have the rules and procedures that the purchasing entities have to follow, in order to ensure that the best value for money spent is obtained in procuring goods and services. However, there are often some of important problems in their rules relating to government procurement. Namely, almost countries have a variety of discriminatory regulations for foreign suppliers in the government procurement laws with the object of national security, economic welfare, and protection of domestic market from international competition. For this reason, several advanced countries had reached the Plurilateral Agreement on Government Procurement during Tokyo Round(1973-1979) and Uruguay Round(1986-1994). However, the provisions of two agreements do not apply to all products made by the government but only to those made by purchasing entities specified by each member country in its list in the Appendix. Accordingly, the size of goods and services purchased from foreign suppliers were comparatively not large. As we know well, the United States have spent a large amount of money from federal and state government budget. But the portion of procurement from foreign suppliers is still small, compared with the portion of procurement from domestic suppliers. The main reason are that U.S. has applied for long time the so-called Buy American Act to government procurement positively and maintained many kinds of other domestic regulations which have discriminatory provisions for foreign goods and foreign suppliers. On the recognition of these points, this thesis deals with the Buy American Act and other U.S. domestic laws, regional and bilateral, and plurilateral agreements including WTO Agreement on Government Procurement. As a result, the author found that there are several concerns and problems in the U.S. regulations relating to government procurement. It include the provisions on priority procurement of U.S.-produced products, local contents requirements, set-aside procurement from small business, and exclusion of preferential procurement from the developing countries.

• Journal of Korean Society for Atmospheric Environment
• /
• v.21 no.6
• /
• pp.561-571
• /
• 2005

To introduce an emissions trading system for GHG that currently have no reduction requirements, the following should be considered as priorities: eliciting the participation of the industrial sector and linking GHG emission trading systems to the emissions trading system (implemented from July 2007) that has become part of national policy with the enactment of the Special Act. Two directions can serve as viable alternatives in that regard. One is a baseline-and-credit method based on incentive auctioning. This has the advantage of inducing participation through economic incentives without a reductions commitment. The downside of this method is that it requires vast investments, as well as the fact that reaching an agreement between participants and the government to decide an objective baseline is difficult. On the other hand, the cap-and-trade method set forth in the Special Act is attractive in that it can be integrated with the air pollutant emissions trading system, but it would be difficult to elicit the participation of the industrial sector in the absence of GHG emission reduction requirements. In the current situation, it would be preferable for the government to induce the participation of the industrial sector by devising a wide variety of incentives because taking part in the emissions trading system before reducing GHG emissions offers large incentives through learning by doing. The timing of GHG reduction commitments and emissions trading system implementation may be uncertain but their Implementation will be unavoidable. Thus the government needs to facilitate preparations for emissions trading of GHG in the future and continuously review its operation in integration with the air pollutant emissions trading system to maximize adaptation and teaming by doing effect in the industrial sector.

• Convergence Security Journal
• /
• v.16 no.6_2
• /
• pp.43-51
• /
• 2016

In the 1980s, private security was established in the framework of institutional framework with the Security Industry Act which was enacted in 1976. The agents who brought in the development of the private sector in 1980 enjoyed a boom in the global economy, affected by its high-flying dollar value, low international interest rate, low oil prices, and the blooming economy. In addition, the semiconductor, computers and communications equipment that was promoted in accordance with the e-Literacy plan were raised. Following the economic development of various events such as Seoul International Trade Fair, "86 Asian Games," and "88 Seoul Olympic Games," private security expenses were enhanced by increasing awareness of civilian expenses. Also, in the 1980s, Korean investment in foreign companies, including Japan's Secom, or Korean technology, brought many changes to the private security. Meanwhile, the cost of security, which has been centered around human expenses, has brought about the era of mechanized spending, or machine security expenses. The purpose of this study is to systematically analyze the social environment surrounding the private security in the 1980s and systematically analyze the important factors that contribute to private security.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.30 no.2
• /
• pp.305-312
• /
• 2020

The Privacy Act stipulates that the privacy policy document, which is a privacy statement, should be disclosed in order to guarantee the rights of the information subjects, and the Fair Trade Commission considers the privacy policy as a condition and conducts an unfair review of the terms and conditions under the Terms and Conditions Control Act. However, the information subjects tend not to read personal information because it is complicated and difficult to understand. Simple and legible information processing policies will increase the probability of participating in online transactions, contributing to the increase in corporate sales and resolving the problem of information asymmetry between operators and information entities. In this study, complex personal information processing policies are analyzed using deep learning, and models are presented for acquiring simplified personal information processing policies that are highly readable by the information subjects. To present the model, the personal information processing policies of 258 domestic companies were established as data sets and analyzed using deep learning technology.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.1013-1032
• /
• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.