• Journal of the Korean Data and Information Science Society
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• v.17 no.3
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• pp.727-742
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• 2006

In general, weapon systems require very high reliability. Recently Korean defense reliability technologies growth rapidly. However, there are some matters of reform in reliability management, reliability assurance, and defense acquisition environment, etc. In this paper, we propose the reliability development plan for Korean defense system as follows; 1) reliability improvement programs for each acquisition stages, 2) reliability improvement methods for logistics support, 3) reliability improvement programs for developers and manufacturers, 4) reform matters for the defense acquisition law, 6) establishment of defense reliability assessment center and defense reliability committee.

• KDI Journal of Economic Policy
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• v.43 no.3
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• pp.55-77
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• 2021

In Korea, local governments and local agencies had to apply a version of the first price auction augmented by an ex-post screening process when they procure construction contracts. However, this first price auction had been criticized because it was felt that too much price competition could lead to poor ex-post performance in construction. In response, the existing auction method was recently replaced by a version of the average price auction with a similar screening process. This paper empirically examines the effectiveness of this reform and finds that the replacement only increases the fiscal burden of local governmental bodies without making any improvement in the ex-post performance.

• Fire Science and Engineering
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• v.16 no.2
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• pp.27-32
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• 2002

As a result of increase of high-rise building and complex building in cities, fire damage become larger and complicated. However, law and standards in connection with life safety in the fire is deficient in safety performance and the institution of fire is divided into two parts : the building law and the fire law. The aim of this research is to compare with egress safety rule in advanced countries and to analyze the national standard of egress safety by investigating research data in order to make fire safety rule more effective. On the basis of this analysis, this research also suggested that reform measures should make egress safety in the fire.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.323-361
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• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• Korean Business Review
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• v.13
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• pp.207-221
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• 2000

In this era of changing system, we may learn lesson from newly developed Uniform Electronic Transation Act(UETA) in 1999. Korea has its counterpart as the Basic Electronic Transaction Act and Electronic Signature Act made by 1999. While UETA stresses on transaction law between individuals, that of Korean stresses on the role of government in electronic transaction. Both laws have the common definitions as electronic record, electronic signature, however, UETA has its own definitions such as automated transaction, computer program, electronic agent, information, information processing system, and security procedure. Especially, transferable record in section 16 is one of the most unique concept which Korean law does not provide. Korean government is planning to introduce electronic note in the near future, which will make unprecedented reform in Korean financial industry. Since Korean law does not have such a concept as electronic note, revision of the law is expected soon. Korean law has its specialty which puts stress on cyber mall, authentication agency, and consumer protection. In U.S., the interpretation of law by court is important when they have disputes according to common law traditon. Studies on cases on disputes in U.S. is needed most for Korean application.

• Convergence Security Journal
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• v.19 no.1
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• pp.61-66
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• 2019

Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

• Journal of Arbitration Studies
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• v.25 no.2
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• pp.97-118
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• 2015

As China has quickly emerged as a global economic power, the total number of international commercial disputes arbitrated by Chinese arbitral institutions has increased dramatically. Along with this, the annulment procedure of arbitral awards in China have been newly brought to the fore. In accordance with the historical background and the demand of the times, the Chinese annulment procedure of arbitral awards reveals distinctive Chinese features. Although it was enacted in the face ofof an unwarranted prejudice against the dispute settlement system by arbitration as well as a deep mistrust of domestic arbitral institutions, the annulment procedure of arbitral awards showed a certain degree of justification and rationality in its initial stages of legislation. However, it is also the case that it has not adapted well to new domestic or foreign arbitration circumstances in the last twenty years. At present, there is a keen interest in revisions to and debates on arbitration law of China. It is necessary to take an active part in the amendment discussion and process of arbitration law. Moreover, we need to reform the annulment procedure of arbitral awards in order to meet the global trend of arbitration law.

• Journal of Korea Planning Association
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• v.53 no.6
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• pp.5-18
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• 2018

While the zoning system has been developed based on the rationale of separated and specialized land uses to prevent negative externalities in the modern industrial era, the emergence of office-based new industries in the post-industrial era rather encourages mixed land uses to create agglomeration economies. This study aims to find historical basis to justify the reform of zoning system to promote both specialized and mixed land uses. When the zoning system was first introduced in Japanese colonial period by Chosun Planning Ordinance enacted in 1934, Special District within Manufacturing Area, and later within Residential, Commercial, and Mixed Areas respectively was institutionalized for specialized land uses, though it was not actually designated. When City Planning Law was enacted in 1962, Special District was substituted by Exclusive Areas (Exclusive Residential Area, Exclusive Manufacturing Area). Meanwhile Undesignated Area was designated for mixed land uses by Chosun Planning Ordinance, and later it was converted mostly into Mixed Area and partially into Green Area. Finally Mixed Area was substituted by Semi-Areas (Semi-Residential Area, Semi-Manufacturing Area) by City Planning Law in 1962. These demonstrate that Korean zoning system needs to revive the tradition that clearly promoted both specialized and mixed land uses.

• Korean journal of communication and information
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• v.17
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• pp.112-144
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• 2001

This study attempts to analyze how and why Chosun Ilbo and Hankyoreh Shinmun produce particular social discourses about the media reform in different ways. In doing so, this paper attempts to disclose the ideological nature of media reform discourses in social contexts. For the purpose, a content analysis method was applied to the analysis of straight news, while an interpretive discourse analysis was appled to analyze both editorials and columns in newspapers. As a theoretical framework, an articulation theory was applied to explain the relationships among social forces, ideological elements, discourse practices and subjects to produce the media reform discourses. In doing so, I attempted to understand the overall conjuncture of the media reform aspects in social contexts. The period for the analysis was limited from January 10th to August 10th this year. Newspaper articles related to the media reform were obtained from the database of newspaper articles, "KINDS," produced by Korean Press Foundation, in searching the key word, "media reform". Total articles to be analyzed were 765, 429 from Hankyoreh Sinmun and 236 from Chosun Ilbo. The research results, first of all, empirically show that both Chosun Ilbo and Hankure Synmun used straight news for their firms' interests and value judgement, in selecting and excluding events related to media reform or in exaggerating and reducing the meanings of the events, although there are differences in a greater or less degree between two newspaper companies. Accordingly, this paper argues that the monopoly of newspaper subscriber by three major newspapers in Korean society could result in the forming of one-sided social consensus about various social issues through the distorting and unequal reporting by them. Second, this paper's discourse analysis related to the media reform indicates that the discourse of ideology confrontation between the right and the left produced by Chosen Ilbo functioned as a mechanism to realize law enforcement of the right in articulating the request of media reform and the anti-communist ideology. It resulted in the discursive effect of suppressing the request of media reform by civic groups and scholars and made many people to consider the media reform as a ideological matter in Korean society.