• Journal of Arbitration Studies
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• v.25 no.4
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• pp.3-23
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• 2015

The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.35 no.4
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• pp.29-42
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• 2017

Jeongeuihyanggyo(旌義鄕校) is a kind of traditional, Confucian cultural landscapes that is located in Jeju special self-governing province. Its historical background illustrates that the first erection was started at Goseong-li of Seongsan-eup(城山邑 古城里) at Taejong(太宗) of 16 years(1417) and it moved to the west gate of Hyunseong(縣城) at Heojong(憲宗) of 15 years,(1849) Joseon. The aim at this study is to reveal characters of these Confucian Spatial Composition and Order, which are valuable resources that can be created into the cultural contents. The results demonstrate the characters of the Confucian cultural landscape as followings; the changing process of new building and its relocation, the utilization of antique maps in location interpretation of Jeongeuihyanggyo, Confucian symbolic elements of it, the spatial compositions and layouts of its buildings, physical structures, main buildings and their characters, locational points of topographic profile, changes of axial line at Daeseongjeon(大成殿), the D/H ratio of its courts. This study can show that Jeongeuihyanggyo is a case for realizing the Confucian reformation to enhance Seongeup Hyun's education standard considering the locality of the site which is an isolated island like Jejudo(濟州島). The author can see that the example of Confucian space is applied to various layout techniques, both horizontally and vertically, in a limited space condition of being in the castle. Therefore, it is necessary to revive this point so that it can utilize unique Confucian cultural landscape possessed only by Jeongeuihyanggyo.

• Korean Journal of Social Welfare Studies
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• v.48 no.2
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• pp.71-95
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• 2017

This study aims (1) to identify whether real terms of imprisonment for sexual offenders against children are different between the first trial and appeal trial in 16 cases and (2) to assess which sentencing factors such as history of sexual crime of perpetrator, forgiveness of children, regretfulness of perpetrator, power of perpetrator, and relationship of perpetrator and victim influence sentencing period of imprisonment in the first and appeal trials, respectively. This study used cases which were prosecuted for sexual crimes against children since the protection act on the children and juveniles from sexual abuse was enacted in 2000. The target cases of the study include 8 first trials and 8 appeal cases which were appealed to the Supreme Court between 2000 and 2015. Result condition is the real term of imprisonment. Cause conditions include sentencing factors such as history of sexual crime, regretfulness, and power of perpetrator, forgiveness of child, and relationship between offender and victim. We employed Qualitative Comparative Analysis (QCA) for data analysis. We found that there are sentences in the first trial with lower terms than appeal trial regarding child sexual crimes. In addition, we found that (1) power of perpetrator and forgiveness of victim significantly influenced sentencing periods of imprisonment at levels of courts; (2) cause condition considered as comparatively more important in the first trial was regretfulness of perpetrator(but not in the appeal trial); and (3) relationship of perpetrator and child was not important in sentencing for sexual crime at both levels of trials.

• Journal of Legislation Research
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• no.54
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• pp.217-259
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• 2018

The Trust Act, which was first enacted back in 1961, was fully revised on 25. July 2011 and enacted on 26. July 2012. The Act is a fundamental norm governing trust relation, so the revision was expected to play an important role to promote trust institutions. However many problems were also revealed after the enactment. The Act has already inherent limitations because the previous discussions were not enough and the amendment process was not meticulously reviewed. Now it is needed to consider the comprehensive amendment of the Act reflecting detailed legal doctrines developed hitherto by the courts and the legal academia. This paper aims to call for the revision of the Act and to propose the ways and the grounds for revision. The purpose of the revision is to rectify obvious errors on several provisions, to minimize legal uncertainty by presenting detailed rules on many issues, to enhance the coherence and consistency between the rules along with supplementing the relevant laws, and to strike a proper balance between the parties.

• Journal of Legislation Research
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• no.44
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• pp.185-209
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• 2013

With the broader range of information and communications technology, of which fashion is a foundational medium, to analyze fashion as an information technology in order to better understand the industry's desire for intellectual property protection, popular resistance to such protection, and the most efficacious balance between them in terms of creative expression. It is, therefore to be focused on cultural and historical reasons for the limited degree of intellectual property protection extended in the past to certain categories of human creativity, including fashion design. So, the question of why some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution with Louboutin case and Levi case. Consumers and designers alike are better served by promotion of fair competition, lower litigation costs, and the inventive synergy of the fashion industry. Louboutin shows the comfortable, respectful limits of trademark law, while Levi illustrates the dangerous, overreaching deference that a few circuits have granted to famous marks. The Supreme Court could clarify the standard for dilution claims, requiring that a junior mark be "identical or nearly identical" or even "significantly similar" to a senior mark. Courts should need a deference in making dilution determinations and can choose to make this factor quite subjective with the highest degree of similarity.

• Journal of the Korean Society of Radiology
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• v.15 no.4
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• pp.481-490
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• 2021

There is no qualification system for sonographers in Korea. But the MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT stipulates that radiological technologists can handle ultrasound equipment. However, there is controversy about the scope of the work allowed for radiological technologists to perform ultrasound examinations. Accordingly, the authoritative interpretation of the Ministry of Health and Welfare of Korea, the adjudication of administrative judgment, and the judgment of the courts were analyzed. As a result, the authoritative interpretation expresses that when a radiological technologist performs an ultrasound examination, a diagnosis and specific guidance should be made in real time while the doctor simultaneously watches the radiological technologist's images. In the adjudication of administrative judgment, it was decided that the handling of ultrasound-related equipment was the work of the radiological technologist. The court ruled that it was illegal for a radiological technologist to make a medical judgment on ultrasound examination. In the United States, Canada, etc., the sonographer independently conducts ultrasound examination according to the doctor's prescription, prepares a summary of what they saw and this is passed on to the doctor. Therefore, in Korea, there is a need for institutional improvement so that radiological technologists can perform ultrasound examinations according to doctors' prescriptions without real-time guidance.

• Korean Journal of Forensic Psychology
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• v.11 no.3
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• pp.329-347
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• 2020

When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

• Korean Journal of Forensic Psychology
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• v.12 no.2
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• pp.223-251
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• 2021

Statement analysis is a technique that examines the credibility of a statement by scientifically analyzing problems and psychological characteristics that appear in the content of the statement. The statement analysis report is prepared, submitted, and used for legal judgments when there is a suspicion of sexual abuse for children(under 13 years of age) and persons with disabilities since it is usually difficult to secure physical evidence nor eyewitnesses. However, the criteria for evaluating the quality of a statement analysis report or testimony are not available in Korea. Although forensic experts and professional organizations in North America and Europe are providing recommendations and guidelines for preparing forensic assessment reports, qualitative analysis research studies for forensic reports revealed a number of problems such as missing or poorly described essential information and lack of logical connection between evaluation results and forensic opinions. Therefore, forensic evaluation guidelines and forensic reports submitted to the courts in the United States, as well as the Structured Quality assessment of eXpert testimony (SQX-12) developed in Sweden were examined to suggest the Korean version of quality evaluation criteria for statement analysis report and testimony. This criteria can be used to improve effectiveness of forensic reports within criminal justice system and used as a guideline to assess the quality forensic reports or expert testimony prepared by experts. However, this criteria do not guarantee the reliability of the statement itself.

• Korea Trade Review
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• v.42 no.2
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• pp.53-76
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• 2017

To solve the crisis of bill of lading, every effort has been made to introduce the electronic bill of lading and sea waybill on a global basis. In spite of these efforts, electronic bill of lading is not introduced practically so farm but sea waybill is used in western nations to cope with the crisis of bill of lading. But there is a practice that surrendered bill of lading is used insead of sea waybill in Korea, China and Japan to do so. The surrendered bill of lading faces the problem that it is not considered legally as bill of lading and the decisions rendered by each nation's courts are different according to the usages of surrendered bill of lading. So careful consideration must be made in regard to these decisions. The purpose of this paper is to avoid the disputes in advance in using the surrendered bill of lading by analyzing the precedents for the surrendered bill of lading and finding its notes. This paper analyzed the precedents regarding the surrendered bill of lading and found the notes as follows; Firstly, the surrendered bill of lading is not a kind of bill of lading but a practice that a consignee can take delivery of the cargo without loss of time at destination without redemption of original bill of lading. Secondly, the parties must take legal steps in using the surrendered bill of lading as the bill of lading acts cannot apply to the surrendered bill of lading. Thirdly, the parties should establish their practice in using the surrendered bill of lading. Fourthly, it is reasonable to use the sea waybill as a substitute for the surrendered bill of lading.

• Journal of the Korean Society for Library and Information Science
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• v.24
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• pp.289-332
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• 1993

In china, six bibliographies of offical historical books are evaluated at the most important things among the systematically-editing bibliographies. These bibliographies would be usful to study the orign of classical sciences and their development, bibliographic research of Chinese classics, bibliographic judgement on genuine books, titles, authors, volumes. They could be refered to research into graving, correcting, and existence of ancient books. therefore, these bibliographies would be applied to estimation the phase of scientific and cultural development. The study of these bibliographies has been not yet made in Korea. This thesis lays its importance on the background of their appearance, their classification norms, organizing system of their catalogue, and comparison between their difference. 1. Editing and compiling of Chilyak (칠약) by Liu Chin (유흠) and official histories played an important role of entering an apperance of historical book's bibliographies. Chilyak has been lost. However, its classification and compiling system of classical books would be traced by Hansoyemunji(한서예문지) of which basic system is similar to Chilyak. It classified books according to their scientific characteristic. If a few books didn't have their own categories, they were combined by the circles parallel to the books' characteristic. With the books classified under the same scientific characteristic, they were again divided into the scientific schools or structures. It also arranged the same kinds of books according to the chronology. The some books wi th duplicate subjects were classified multiplely by their duplicate subject. 2. Ssu-ma Chon's (사마천) The Historical Records (Saki, 사기) and Pan Ku's (반고) The History of the Former Han Dynasty (Hanso, 한서) has also took effects on appearance of historical books' bibliographies. Covering overall history, Saki was structured by the five parts: The basic annals(본기), the chronological tables (표), the documents (서), the hereditary houses (세가), biographies (열전). The basic annals dealt with kings and courts' affairs according to the chronology. The chronological tables was the records of the annals. The documents described overall the social and cultural systems. The hereditary houses recorded courts' meritorious officials and public figures. The biographies showed exemplars of seventy peoples selected by their social status. Pan Ku(반구)'s The History of the Former Han Dynasty(한서) deserved to be called the prototype for the offical histories after Saki's (사기; The Historical Records) apperance. Although it modelled on Saki, it had set up its own cataloguing system. It was organized by four parts; the basic annals (본기), the chronological tables (표), treatises(지), biographies (열전). The documents in the Hanso(한서) was converted into treatises(지). The hereditary houses and biographies were merged. For the first time, the treatise with The Yemunji could operate function for historical bibliographies. 3. There were six historical bibliographies: Hansoyemunji(한서예문지), Susokyongjeokji (수서경적지), Kudangsokyongjeokji(구당서경적지), Shindangsoyemunji (신당서예문지), Songsayemunji (송사예문지), Myongsayemunji (명사예문지). 1) Modelling on Liu Chin's Chilyak except Chipryak(집략), Hansoyemunji divided the characteristic of the books and documents into six parts: Yukrye(육예), Cheja(제자), Shibu(시부), Pyongsoh(병서), Susul(수술), Pangki(방기). Under six parts, there were thirty eight orders in Hansoyemunji. To its own classification, Hansoyemunji applied the Chilyak's theory of classification that the books or documents were managed according to characteristic of sciences, the difference of schools, the organization of sentences. However the overlapped subjects were deleted and unified into one. The books included into an unsuitable subject were corrected and converted into another. The Hansoyemunji consisted of main preface (Taesoh 대서), minor preface (Sosoh 소서) , the general preface (Chongso 총서). It also recorded the introduction of books and documents, the origin of sciences, the outline of subjects, and the establishment of orders. The books classified by the subject had title, author, and volumes. They were rearranged by titles and the chronological publication year. Sometimes author was the first access point to catalogue the books. If it was necessary for the books to take footnotes, detail notes were formed. The Volume number written consecutively to order and subject could clarify the quantity of books. 2) Refering to Classfication System by Seven Norms (칠분법) and Classification System by Four Norms(사분법), Susokyongjeokji(수서경적지) had accomplished the classification by four norms. In fact, its classification largely imitated Wanhyosoh(완효서)'s Chilrok(칠록), Susokyongjeokji's system of classification consisted of four parts-Kyung(경), Sa(사), Cha(자), Chip(칩). The four parts were divided into 40 orders. Its appendix was again divided into two parts, Buddihism and Taiosm. Under the two parts there were fifteen orders. Totally Susokyongjeokji was made of six parts and fifty five orders. In comparison with Hansoyemunji(한서예문지), it clearly showed the conception of Kyung, Sa, Cha, Chip. Especially it deserved to be paid attention that Hansoyemunji laied history off Chunchu(춘추) and removed history to Sabu(사부). However Chabu(사부) put many contrary subjects such as Cheja(제자), Kiye(기예), Sulsu(술수), Sosol(소설) into the same boundary, which committed errors insufficient theoretical basis. Anothor demerit of Susokyongjeokji was that it dealt with Taiosm scriptures and Buddism scriptures at the appendix because they were considered as quasi-religion. Its compilation of bibliographical facts consisted of main preface(Taesoh 대서), minor preface(Sosoh 소서), general preface (Chongsoh 총서), postscript (Husoh 후서). Its bibliological facts mainly focused on the titles. Its recorded authors' birth date and their position. It wrote the lost and existence of books consecutive to total number of books, which revealed total of the lost books in Su Dynasty. 3) Modelling on the basis of Kokumsorok(고분서록) and Naewaekyongrok(내외경록), Kudangsokyongjeokji(구당서경적지) had four parts and fourty five orders. It was estimated as the important role of establishing basic frame of classification by four norms in classification theory's history. However it had also its own limit. Editing and compling orders of Kudangsokyongjeokji had been not progressively changed. Its orders imitated by and large Susokyongjeokji. In Its system of organizing catalogue, with its minor preface and general preface deleting, Kudangsokyongjeokji by titles after orders sometimes broke out confusion because of unclear boundaries between orders. 4) Shindangsoyemunji(신당서예문지), adding 28,469 books to Kudangsokyongjeokji, recorded 82,384 books which were divided by four parts and fourty four orders. In comparison with Kudangkyongjeokj, Sindangsoyemunji corrected unclear order's norm. It merged the analogical norms four orders (for instance, Kohun 고훈 and Sohakryu 소학류) and seperated the different norms four orders (for example, Hyokyong 효경 and Noneuhryu 논어류, Chamwi 참위 and Kyonghaeryu 경해류, Pyonryon 편년 and Wisaryu 위사류). Recording kings' behaviors and speeches (Kikochuryu 기거주류) in the historical parts induced the concept of specfication category. For the first time, part of Chipbu (집부) set up the order of classification norm for historical and literatural books and documents (Munsaryu 문사류). Its editing and compiling had been more simplified than Kudangsokyongjeokji. Introduction was written at first part of bibliographies. Appendants except bibliographic items such subject, author, title, volume number, total were omitted. 5) Songsayemunji(송사예문지) were edited in the basis of combining Puksong(북송) and Namsong(남송), depending on Sabukuksayemunji(사부국사예문지). Generally Songsayemunji had lost a lot of bibliographical facts of many books. They were duplicated and wrongly classified books because it committed an error of the incorrectly annalistic editing. Particularly Namsong showed more open these defaults. Songsayemunji didin't include the books published since the king Youngchong(영종). Its system of classification was more better controlled. Chamwiryu(참위류) in the part of Kyongbu(경부) was omitted. In the part of history(Sabu 사부), recordings of kings' behaviors and speeches more merged in the annals. Historical abstract documents (Sachoryu 사초류) were seperately arranged. In the part of Chabu(자부), Myongdangkyongmaekryu(명당경맥류) and Euisulryu(의술류) were combined. Ohangryu(오행류) were laied off Shikuryu(시구류). In the part of Chipbu(집부), historical and literatural books (Munsaryu 문사류) were independentely arranged. There were the renamed orders; from Wisa(위사) to Paesa(패사), Chapsa (잡사) to Pyolsa(열사), Chapchonki(잡전기) to Chonki(전기), Ryusoh(류서) to Ryusa(류서). Introduction had only main preface. The books of each subject catalogued by title, the volume number, and author and arranged mainly by authors. Annotations were written consecutively after title and the volume number. In the afternote the number of not-treated books were revealed. Difference from Singdangsohyemunji(신당서예문지) were that the concept and boundary of orders became more clearer. It also wrote the number of books consecutive to main subject. 6) Modelling on Chonkyongdangsomok (경당서목), Myongsayemunji(명사예문지) was compiled in the basis of books and documents published in the Ming Danasty. In classification system, Myongsayemunji partly merged and the seperated some orders for it. It also deleted and renamed some of orders. In case of necessity, combining of orders' norm was occured particulary in the part of Sabu(사부) and Chabu(자부). Therefore these merging of orders norm didn't offer sufficient theretical background. For example, such demerits were seen in the case that historical books edited by annals were combined with offical historical ones which were differently compiled and edited from the former. In the part of Chabu(자부), it broke out another confusion that Pubga(법가), Meongga(명가), Mukga(묵가), Chonghweongka's(종횡가) thoughts were classified in the Chapka(잡가). Scriptures of Taiosim and Buddhism were seperated from each other. There were some deleted books such as Mokrokryu(목록류), Paesaryu(패사류) in the part of history (Sabu 사부) and Chosaryu(초사류) in the part of Chipbu(집부). The some in the each orders had been renamed. Imitating compiling system of Songsayemunji(송사예문지), with reffering to its differ-ence, Myongsayemunji(명사예문지) wrote the review and the change of the books by author. The number of not-treated books didn't appear at the total. It also deleted the total following main subject.