• 벤처혁신연구
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• 제6권3호
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• pp.61-72
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• 2023

2020년 12월, 한국의 금산분리 원칙과 관련한 공정거래법이 개정되고 이를 1년 뒤인 2021년 12월 30일부터 시행한다는 정부의 발표가 있었다. 개정의 내용은 과거 금산분리의 대원칙이었던 산업자본의 금융시장 침투 금지 기조를 깨고 '일반지주회사의 중소기업창업투자회사와 신기술사업금융전문회사 주식의 소유 가능'이었다. 이 개정 법의 전제는 발행주식 총수의 소유이었지만, 법 개정 전후로 CVC(Corporate Venture Capital; 기업주도형 벤처캐피탈)의 연간 설립 건수와 투자 건수, 전략적 투자 건수 등의 추이에 변동이 있었다. CVC와 IVC(Independent Venture Capital; 독립 벤처캐피탈)는 투자 목적, 펀드 운용 유형, 투자 유형에 따라 그 특징이 구분되는데, 이 부분에서 금산분리법의 완화는 향후 벤처투자생태계와 혁신생태계의 활성화에 긍정적인 영향을 줄 수 있다고 기대된다. 본 연구에서는 법 개정 전인 2018년부터 법 개정 이후 2023년 5월까지 국내 CVC의 설립 건수, 투자 건수, 전략적 투자건수의 추이를 분석하여, 개정 금산분리법이 시행되었던 2021년을 기준으로 추이의 변화를 살펴보았다. 분석의 결과, 국내 CVC는 2021년에 전년대비 큰 폭으로 증가했으며, 투자건수와 전략적 투자건수, 전략적 투자의 투자금액 또한 과거에 비해 증가했음을 확인할 수 있었다. 본 연구는 이러한 결과를 토대로 향후 국내 CVC 투자와 전략적 투자, 벤처투자시장 활성화 등과 관련한 추가적인 연구의 방향을 제시한다.

• 해양환경안전학회:학술대회논문집
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• 해양환경안전학회 2006년도 추계학술발표회
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• pp.221-237
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• 2006

각종 국제협약의 채결 및 개정안에 따라서, 특히 73/78 국제해양오염방지협약에 의하여 제정되고 개정되어 온 해양오염방지 협약과 같은 국내법들을 살펴보고 국제협약들의 주요 내용과 비교하였다. 그리고 현존의 국제협약 또는 새로운 국제협약의 새로운 내용 및 최근의 개정내용에 따라서 해양오염방지법과 같은 현행 국내법을 개정하거나 새로운 국내법을 제정하는 몇 가지 대안을 제시하였다. 73/78 국제해양오염방지협약의 부속서 6장을 최근에 대기환경보전법으로 수용하지 않고 해양오염방지법으로 수용하였다. 선박 밸러스트수 배출을 통한 외래유해생물종의 침입을 방지하고 국내 해양생태계와 연안환경을 보호하기 위하여 선박밸러스트수침전물관리협약을 해양오염방지법으로 수용하거나 새로운 법을 제정하여 수용하여야 한다. 선박의 유해한 방오시스템 통제를 위한 국제협약을 유해화학물질관리법으로 수용하기보다는 해양오염방지법으로 수용하여야 한다. 선상 잔유 유성혼합물의 빌지수를 함유한 해철유조선을 선진국에서 개발도상국이나 후진국으로 국가 간 이동하는 것을 방지하기 위하여 유해화학물질의 국가간 이동을 규제하고 금지하는 바젤협약올 해양오염방지법으로 수용함으로써 종국적으로는 세계의 해양환경보전에 기여하여야 한다.

• 무역상무연구
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• 제52권
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• 무역상무연구
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• 제43권
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• pp.371-393
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• 2009

The biggest issue of the current international maritime transport is that EU had decided to apply the Competition Law about Shipping Conference since 2008 and UNCITRAL Convention which is the substitute of international rules related with existing maritime transport passed UN General Assembly. This movement indicates that international rules of international maritime transport are not focusing on shipping companies or forwarders anymore but consignors. According to the current circumstances, it is time for us to convert existing shipping companies and forwarders centered rules system into consignors centered international rules system as well. Thus, this study has compared and analyzed between each country's law of Shipping Conference and Korean governing law, Ocean Shipping Act.

• 한국중재학회지:중재연구
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• 제24권3호
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• pp.125-169
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• 2014

In France, arbitration, both domestic and international, has recently been subjected to a major reform. This article discusses the content of the 2011 reform and its aftermath, while putting into perspective the current arbitration act in South Korea, an arbitration-friendly jurisdiction that contemplates reforming its own law. The two legal systems are characterized by their concern for efficiency and rationalization of the arbitration proceedings, through the codification of essential principles previously established by case law and through the promotion of the independence of this ADR vis-$\grave{a}$-vis state courts. The efficiency consideration is strengthened at every stage of the proceedings: from the arbitration agreement often considered valid and rarely challenged, through the proceedings for annulment, recognition and enforcement of the award, up to the judicial assistance of the French supporting judge towards the actual arbitral proceedings. Finally, new concerns are emerging: the increase of transparency and the arbitrability of disputes in some uncertain fields of law.

• 한국중재학회지:중재연구
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• 제31권1호
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• pp.55-81
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• 2021

Awarding interest in international arbitration remains one of the most challenging areas for tribunals and parties given the myriad of issues that arise. This article seeks to provide an overview of how international arbitral tribunals grant delay interest. It reviews the various issues that international arbitral tribunals face concerning pre-award and post-award interest, determining the appropriate interest rate, surrounding simple or compound interest, and the complex issue of choice of law. A comparative context is provided by surveying the laws of major jurisdictions from both the common law and civil law and the regulations of leading arbitral institutions. It concludes with a review of the law, jurisprudence, and practice in Korea related to delay interest and how Korean tribunals under the KCAB Domestic and International Rules have determined delay interest in recent years.

• 항공우주정책ㆍ법학회지
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• 제32권1호
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• pp.385-417
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• 2017

Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

• 한국조경학회지
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• 제25권3호
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• pp.66-88
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• 1997

There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

• 무역상무연구
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• 제31권
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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.

• 한국중재학회지:중재연구
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• 제26권3호
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• pp.67-91
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• 2016

In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.