• Korean Security Journal
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• no.36
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• pp.443-467
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• 2013

The purpose of this study is to introduce United States Coast Guard (USCG) in order to suggest a direction to advance the system of Korea Coast Guard. After the effect of United Nations on the Law of the Sea in 1994, the world is facing with new era of maritime age with emergence of new maritime border 'Exclusive Economic Zone(EEZ)'. Along with new maritime era, Korea also has been facing with the conflicts caused from EEZ. Also, there is a increasing concern about maritime safety and security since people looking for maritime tourism and leisure sports are dramatically increasing in Korea. Moreover, national security matters are a big issue in Korea due to the several incidents occurred in the sea such as the attack on Yeon-Pyung Island and the sinking of Cheonan naval vessel. Arising concern on these issues in maritime space requires Korea Coast Guard to handle these effectively. However, the systematical and structural limitation of Korea Coast Guard limits the effective management of recent issues. The United States Coast Guard which is considered as one of the military force in the United States has continuously reformed and developed its system and structure to better handle the maritime safety and security issues through developing project such as the Integrated Deep Water system. Also, maritime police system and structure in the United States is different with in Korea. This study expects to suggest a way to advance the system and structure of Korea Coast Guard through examination of United States Coast Guard and comparing maritime police system and structure between Korea and the United States in order to properly deal with the maritime safety and security issues arising recently.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.3-29
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• 2012

The Alternative Dispute Resolution (ADR) Act in Japan was proclaimed on December 1, 2004, and five years have passed since the act took effect on April 1, 2007. The ADR Act enables qualified dispute resolution businesses to be certified as ADR business holders through the government's accreditation system, contributing greatly to the advancement of a private ADR. As of June 2012, the number of ADR institutes certified by the government had increased to 112. Article 2 of the supplementary provisions of Japan's ADR Act provides as follows: "The government should review the progress of the Act five years after enforcement, and take measures, if recognized as necessary, based on the results." Any problems revealed in the process of implementing the act are expected to be revised after five years of enforcement. To this end, the academic circle established an association called the Arbitration ADR Act Society in 2004, considering issues of the ADR Act and measures to improve the legislation, making policy suggestions, and working to improve management of the act, through seminars, forums, and a journal. The Japanese ADR Association, composed of ADR institutions as members, put forward a proposal entitled "Toward the Revision of the ADR Act" to the Ministry of Justice on April 2, 2012. This paper intends to identify the current state of the accreditation system, one of the most important systems under the ADR Act in Japan, in consideration of ADR Act revision. In particular, the examination includes measures to improve the accreditation system as well as data analysis of the application of accreditation, the current state of accredited institutions, and the ADR performance of accredited ADR businesses. In Korea, an ADR act has not been legislated yet, although the issue is being actively considered. This paper will be a meaningful reference for the Korean government in developing an accreditation system for inclusion in its ADR act in the future.

• Korean Security Journal
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• no.14
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• pp.337-365
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• 2007

The society shows rapid change throughout various fields in the 21 century. These changes are in progress in Korea as well and the private security field is not in exception. The private security system has socially effective function by providing services, which the police cannot provide to citizen. However, it cannot be treated rightly the possibility of violation of human right during the actual action. The qualified person at least should take private investigation service considering privatization of criminal justice and considering that the Private Investigation Act submitted to the Congress could not affect its investigation authority to the citizen currently. The purpose of this study is examination of the private investigation system in Korea and other country and is presentation of its improvement. The chapter 1 composed of introduction on chapter 1, concept and service in chapter 2, private security system in other countryin chapter 3, private security system in chapter 4, problems and its improvements in chapter5, and conclusion in chapter 6. It requires not only consideration of government but also consideration of citizen and effort of both sidesto successful settlement of private security system in Korea.

• Korean Institute of Interior Design Journal
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• v.21 no.5
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• pp.217-226
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• 2012

The purpose of this study had started from trying to look for a new standard in new media era and sounding out possibility of perspective of digital poetry, and had been extracting interpretational elements based on characteristics of otology in digital poetics research in technical method. Through examination of many documentary records, we suggested interpretive elements of medial space based on meaning and the theory of digital poetics. We deduced three perspectives based on relationship between the basic thesis in poetics and interpretive elements of medial space. We used them as tool for analysis of example. We chose as an example that change of program in space is clear through connection of media and space in where new form of creation happens through digital instruments and chose article as subject to which digital technology is applied and had been since 2000, The result of this study is as following: First, epistemological analysis about a space of digital media in new media era requires poetical approach unlike aesthetic approach. We can endow creative action and creation process with significance and pay attention to technical method of manufacturing, stating appropriateness of perspective in digital poetics. Second, the justice of digital poetics and its basic thesis help derive analytic elements from medial space and study purpose of production, technical method, ontological characteristics, which are three perspectives of digital poetics. Third, it analyzed characteristics of example according to three perspectives above and we can analyze characteristics of spacial expression in space of digital media into potential, trans-active, and semiosis space. It would be possible through analyzing examples in digital poetic perspective to overlook new methods of design in 21th and various perspectives and possibilities of medial space design.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.167-184
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• 2008

The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

• Korean Security Journal
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• no.13
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• pp.47-70
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• 2007

The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

• Korean journal of communication and information
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• v.76
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• pp.151-182
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• 2016

The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

• Korean Journal of Occupational Health Nursing
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• v.6 no.1
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• pp.23-43
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• 1997

The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.