• International Commerce and Information Review
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• v.12 no.3
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• pp.361-387
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• 2010

China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.47-77
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• 2014

Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.111-129
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• 2018

The foundation of arbitration is the arbitration agreement between parties. If no agreement to arbitrate exists, the parties should not send to arbitrate their disputes. In the United States, there are no provisions as to arbitrability under the Federal Arbitration Act. Before a court can enforce arbitration, it must first determine arbitrability. The general presumption is that the issue of arbitrability should be resolved by the courts. The question of whether parties have submitted a particular dispute to arbitration raises a question of arbitrability which is an issue for judicial determination unless the parties clearly and unmistakably have provided otherwise. Determining if the parties agreed to arbitrate a dispute involves inquiries into whether there is a valid agreement to arbitrate the claims, and the dispute falls within the scope of the arbitration agreement. Therefore, the purpose of this article is to review how to settle the issue of arbitrability in the U.S. federal courts.

• Korea Trade Review
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• v.44 no.4
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• pp.19-34
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• 2019

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.380-384
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• 2022

To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce. I have divided the reviewed literature into two sections according to the sources.

• 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.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.3-24
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• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• Review of Korean Society for Internet Information
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• v.14 no.3
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• pp.78-85
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• 2013

The revelations made possible by Edward Snowden, a contractor of the US intelligence service NSA, are a sobering reminder that the Internet is not an 'anonymous' means of communication. In fact, the Internet has never been conceived with anonymity in mind. If anything, the Internet and networking technologies provide far more detailed and traceable information about where, when, with whom we communicate. The content of the communication can also be made available to third parties who obtain encryption keys or have the means of exploiting vulnerabilities (either by design or by oversight) of encryption software. Irrebuttable evidence has emerged that the US and the UK intelligence services have had an indiscriminate access to the meta-data of communications and, in some cases, the content of the communications in the name of security and protection of the public. The conventional means of judicial scrutiny of such an access turned out to be ineffectual. The most alarming attitude of the public and some politicians is "If you have nothing to hide, you need not be concerned." Where individuals have nothing to hide, intelligence services have no business in the first place to have a peek. If the public espouses the groundless assumption that State organs are benevolent "( they will have a look only to find out whether there are probable grounds to form a reasonable suspicion"), then the achievements of several hundred years of struggle to have the constitutional guarantees against invasion into privacy and liberty will quickly evaporate. This is an opportune moment to review some of the basic points about the protection of privacy and freedom of individuals. First, if one should hold a view that security can override liberty, one is most likely to lose both liberty and security. Civilized societies have developed the rule of law as the least damaging and most practicable arrangement to strike a balance between security and liberty. Whether we wish to give up the rule of law in the name of security requires a thorough scrutiny and an informed decision of the body politic. It is not a decision which can secretly be made in a closed chamber. Second, protection of privacy has always depended on human being's compliance with the rules rather than technical guarantees or robustness of technical means. It is easy to tear apart an envelope and have a look inside. It was, and still is, the normative prohibition (and our compliance) which provided us with protection of privacy. The same applies to electronic communications. With sufficient resources, surreptitiously undermining technical means of protecting privacy (such as encryption) is certainly 'possible'. But that does not mean that it is permissible. Third, although the Internet is clearly not an 'anonymous' means of communication, many users have a 'false sense of anonymity' which make them more vulnerable to prying eyes. More effort should be made to educate the general public about the technical nature of the Internet and encourage them to adopt user behaviour which is mindful of the possibilities of unwanted surveillance. Fourth, the US and the UK intelligence services have demonstrated that an international cooperation is possible and worked well in running the mechanism of massive surveillance and infiltration into data which travels globally. If that is possible, it should equally be possible to put in place a global mechanism of judicial scrutiny over a global attempt at surveillance.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.107-133
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• 2004

In these days, arbitration helps alleviate some of the burden of a heavy caseload from the judiciary and is a viable method to resolve disputes in a relatively quick and efficient manner. An award of punitive damages is often the most significant and detrimental part of an award arising from a judicial or arbitral proceeding. In 1995, the United States Supreme Court resolved a circuit split. upholding an arbitral panel's authority to award punitive damages under a securities arbitration agreement. This decision was monumental in establishing arbitral power. However, it left several questions unanswered. For example, which, if any, standards should be applied to such awards？ The decision in Sawtelle, adopting a separate ground for review of punitive damages awards, is one that signals a significant change in the field of arbitration. This article addresses the reviewability of punitive damages awards arising out of a securities arbitration hearing. It would be necessary to introduce securities arbitration system to our disputes resolution system. Compared to American practices, there could be many differences in recognition on arbitration and legal structure in our country. Thus it will be a future assignment to consider seriously and carefully what kind of securities arbitration system will be proper for us. This article analyzed predispute arbitration agreements and agreements to arbitrate after a dispute has already arisen.

• International Commerce and Information Review
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• v.8 no.2
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• pp.211-226
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• 2006

This paper discusses the definition of the term "domestic industry" in relation to the application of the safeguards provisions of the WTO through the judicial interpretation made by the WTO Appellate Body and panel. The requirements for the imposition of safeguards include a rapid increase in import quantity, the existence of serious injury or threat of serious injury to the domestic industry, and a causal relationship between the increase in imports and the industrial injury. The domestic industry refers to the producers that account for a considerable portion of the total national production, or the national producers who produce articles "like" or "directly competitive" with the specific imports. Chronically, there have been controversial disputes relating to the interpretation of the term "like" or "directly competitive". Reviewing the disputes relating to the term "domestic industry" in application of the safeguards provisions since the establishment of the WTO, the interpretation of the term "like" has been made imposing weight on the physical characteristics of the products. This interpretation is in contrast with that of the interpretation of the term "directly competitive" which has been interpreted with imposed weight on the commercial elasticity of substitution which can be measured by the final use or consumer's taste.