• Journal of Arbitration Studies
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• v.9 no.1
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• pp.183-232
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• 1999

The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.145-154
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• 2022

Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.183-221
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• 2013

While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

• Clinical and Experimental Pediatrics
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• v.52 no.4
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• pp.410-416
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• 2009

In Korea, overseas adoption has been practiced for more than 50 years. Initially, overseas adoption began with the objective to provide permanent homes for Korean war orphans, including mixed-blood children. From 1953 to 2007, about 160,000 Korean children were placed worldwide through overseas adoption and approximately 70,000 children were adopted in Korea. During that period, Korea developed into one of leading industrial countries in the world and the family norms changed dramatically. Since 1989, the Korean government has made diverse efforts to increase domestic adoptions and to support adopted families through the revisions to Korea's Child Welfare Law. However, it is not enough to reduce overseas adoptions rapidly because the Korean government's economic support for adopted families is not adequate and Korean sentiments regarding adoption have not changed. Being an international adoptee is a unique experience, involving dissimilarities of race, ethnicity, and culture. Clearly, it is very important for us to focus on placing Korean children in the best possible environment. Therefore, Korea must make diverse efforts to reduce overseas adoptions and to encourage domestic adoption. First, Korean society has to try to reduce the number of children who need out-of-home care. Second, the Korean government and people should make an effort to increase domestic adoptions, including adoptions of disabled and older children. Finally, the Korean government and adoption agencies have to provide professional pre-adoption and post-adoption services for international adoptees and adoptive parents.

• Journal of the Korean Society of Costume
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• v.22
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• pp.45-60
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• 1994

Since 1988 the fur fashion industry in Korea has been difficult in exporting and competition with too many brands after opening the dom-estic fur market. However comparing with the interest of manufactures and consumers there are few of related references and books. So the purpose of this study is to put in order and summurize the manufacture in fur cloth-ing the informations of domestic and oversea fur markets and the other professional references. After all it is to help succeed in domestic and international fur markets and give the new ideas of designing and merchandising to the fur fashion industry. The results were as follows: 1. Contact with fur specialty stores in the international fashion cities and tourist cities directly. 2. Establish oversea factories in the low labor countries. 3. Exploit and invest in Russia china and the East European countries for suppliment of law materials and fur market. 4. Need the market research and promotion for encroachment in Japanese fur market. 5. Create the original brands with inter-national fashion sense. 6. Develop the manufacture line for diverse models in small lots matching with the modern life styles. 7. Need the fashion show exhibition pro-motion with reasonable prices and creative new designing with various color trimming texturizing and combination with the other materials. 8 Subdivide and distinguish labels into different types for avoiding with too much com-petition and comvenience of consumers. 9. Make an effort to weaken the black mar-ket the 30% of the domestic fur market.

• Korean Security Journal
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• no.54
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• pp.9-35
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• 2018

During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

• International Commerce and Information Review
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• v.13 no.4
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• pp.375-397
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• 2011

Having ahead the Korea-US FfA come into effect by beginning of the 2012, the interest to U.S. trade law has been highly increased. The abuse of U.S. antidumping measures, especially, have been alleged by many developed countries, that's why it need to be studied. For initiating antidumping investigation, the scope of "subject merchandise" has to be determinated. But there is no regulation about the term "subject merchandise(or product under consideration)" on WTO Antidumping Agreement as well as U.S. Antidumping Law. U.S. antidumping law defines domestic like product as "a product that is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title". Thus, the reference point from which the like product analysis begins is "the article subject to an investigation". The Department of Commerce should interpret the subject merchandise in accordance with customary rules, beginning with its ordinary meaning. The note of caution is that the DOC generally exercises 'broad discretion to define and clarify the scope of an antidumping investigation in a manner which reflects the intent of the petition. This paper investigates the survey scope of product in U.S. antidumping law through related regulations and cases. In addition, it was carefully examined because the scope of subject merchandise has effect on antidumping duty order.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.29 no.4
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• pp.179-202
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• 2018

This study examined and analyzed the related study, Library Law, comparison of Korean Library Standards and IFLA guidelines and the status of domestic hospital library provision in order to grasp the regulations and status of domestic hospital library. As a result, the related study is very insufficient compared to overseas, and the Law and Standards for hospital libraries are not clearly and in detail in the Library Law. It is impossible to grasp the statistics and actual condition of the hospital library through the Yearbook of the Korean Library. The Korean Library Standards and IFLA guidelines also show differences in composition and key elements. According to the survey, 49 hospitals (1.3%), 8 hospitals (0.2%), 5 nursing hospitals (0.1%), 4 children's hospitals (0.1%), and 1 military hospital (0.0%) were among the 67 hospitals surveyed. Of the 49 general hospitals, 42 were advanced general hospitals, of which 17 were providing hospital libraries. The most urgent issue for providing hospital libraries is the revision of the Library Law and the Korean Library Standards, and the mandatory provision of hospital libraries, publicity through library magazines, and related research should be carried out.

• The Journal of Fisheries Business Administration
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• v.50 no.2
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• pp.23-40
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• 2019

The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.55-96
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• 2004

The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.