• 무역상무연구
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• 제58권
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• pp.99-124
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• 2013

International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.51-69
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• 2008

The financial industry in which arbitration is most frequently resorted to so as to resolve disputes is the sector related to the securities industry. Most securities related disputes are raised from broker-dealer controversies which is not new in the Republic of Korea. The disputes between securities brokers and customers are very frequently settled by arbitration in the United States. But the arbitration in the securities area may deprive investors from securities regulation's protection. Introducing the United States' Federal Supreme Courts cases, the author explores the logic of how the pre-dispute arbitration agreement compatible with Securities regulations. However, the author insist the South Korea should more careful in accepting pre-dispute arbitration contract in securities area. Mostly because of the lack of more specific way to secure substantive fairness in securities arbitration. Also the author worries about the possibility of prevailing pre-dispute arbitration agreement in all of the securities investment contract without any other choices, or securities laws' protection. But the author also suggests to introduce public securities arbitration system of the States, and also insists the way to secure substantive fairness, or the application of securities regulations in securities arbitrations. Which may be the pre-requirements for the pre-dispute arbitration agreement in securities investment contract.

• 농촌계획
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• 제23권1호
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• pp.157-164
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• 2017

Roadside native vegetation provides important habitat for plants and animals, and provides visual amenity and beauty for drivers and rural areas. In particular, native wildflowers create and maintain attractive landscaping and scenic vistas while help protect and restore the natural environment. However, it is lacking in government policies and guidelines about using native wildflowers for roadside vegetation and alien invasive plants are a major threat to our environment. The purpose of this study is to review the regulations and programs for roadside vegetation, especially native wildflowers in USA in order to learn lessons about developing wildflower policies in Korea. A summary of results follows: (1) the goals of roadside vegetation have been shifted from beautification for pleasant driving experience to sustainable and economical maintenance. (2) Various funds and laws by federal and local government are essential for native wildflower planting and roadside enhancement. (3) Ongoing projects on seed collection and seed banking of native plants are conducted by wildflower research centers to conserve and propagate endangered plants. (4) Recognizing that wildflower viewing holds tremendous potential, increasing local governments try to grow wildflower tourism for economic benefits. In conclusion, we should establish a long-range plan and regulations on roadside wildflowers planting in order to create safe and sustainable transportation corridors in Korea. In addition, more research on wildflower habitat and propagation should be warranted and landscape architects should play a definitive role in providing pleasant driving experiences and promoting wildflower tourism.

• 한국디지털건축인테리어학회논문집
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• 제3권1호
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• pp.29-38
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• 2003

The articles on building height limitation are very important to form buildings to be. The application of the articles is based on the surface of the building site ground, that is, the definite judgment of ground level should ensure the correctness of building height limitation. This study surveyed the recognition degree of practitioners about the building height limitation regulations by questionnaires, and analyzed its results and compared them to related building laws and letter of reply from the office to practitioners' inquiry on related regulation. The study summarized the results as follows; 1. It is not clear to judge the ground level. Especially in cases of pilotis structure, there would be various interpretations to define its ground level. 2. According to present building regulations, the site would be confused to define by practitioners whether it is stiff or plain. 3. In case of regulation of a right to enjoy sunshine, it is hard to calculate the average horizontal level(ground level) with neighboring sites. 4. If there were a manual with illustrations for judging and calculating the ground level of various cases, civil petitions would be reduced.

• 한국비블리아학회지
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• 제13권1호
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• pp.77-92
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• 2002

특정 분야 R&D성과물을 지식정보로 활용하기 위해서는 단순한 연구결과 보고서 제출만으로는 부족하며 더구나 지구촌 단위로 급속하게 변화하는 환경에서는 기존 결과활용에 의한 신속한 R&D에 대한 전략적인 전환지원이 없을 경우에는 영양가 있는 지식생성은 기대하기 힘들다. 본 연구는 지식정보로서 학술연구개발 성과물의 활용 현황과 그 결과로 지원되는 새로운 R&D의 지식생성 수준을 파악하고, 대학의 R&D 사례를 중심으로 관련법이나 규정과 현실과의 상충되는 부분을 지적한다. 결론에서는 엄청난 연구비를 지원하고 있는 학술연구의 결과활용과 새로운 연구활동을 지원할 수 있는 지식정보 관리의 실제적인 문제와 그를 해결하기 위한 요건을 제시한다.

• 수산경영론집
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• 제51권1호
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• pp.1-17
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• 2020

This study is an analysis of the Aquaculture Industry Development Act that has recently been passed by the National Assembly. In order to improve the structural problem of Korea's aquaculture, a large revision of aquaculture related laws and regulations is needed. The enactment of Aquaculture Industry Development Act is necessary to that effect. It is adequate to aim for development as aquaculture industry not as aquaculture, to alleviate entry restriction of aquaculture, and to provision diverse promotion and support policies. However, it is a concern whether the current Aquaculture Industry Development Act can achieve its goal of enhancing the competitiveness of aquaculture and sustainability. Rather than to solve the problem, the act holds the possibility of further fixing or exacerbating the problem. So there is concern for side-effects after the enactment. This is due to the fact that it complicates terminologies by unnecessarily differentiating aquaculture related concepts from the existing Fisheries Act, lacks regulations regarding voluntary participation in aquaculture, and has limited methods to alleviate entry restriction. In addition, there are very few measures for the scale improvement of aquaculture along with the unlikeliness of a significant effect of the review and evaluation for re-licensing. Thus, the Aquaculture Industry Development Act should promptly be revised after its enactment.

• 한국안전학회지
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• 제29권4호
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• pp.191-198
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• 2014

In the event of continued train operation being impossible as the result of a breakdown, it will be essential to dispatch a relief train to recover the broken down train. Operation of relief train carries with the risk of collision in the process of connection with broken down train. The present study looks at the suitability of risk management procedures and associated problems in the light of case studies of relief train operation, and of national legal standards and railroad company regulations. It looks at appropriate methods of risk management and the problems that can arise. Based on the study a method is proposed of operating the relief train which is consistent with appropriate risk management. The proposed method will improve the safety of relief train operation, It is hoped that the results of the study will be reflected in relevant laws and operating company regulations, and so contribute to enhancing the overall level of railroad safety.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.119-135
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• 2021

South Korea has the most advanced technology in the Fourth Industrial Revolution era because of its high-speed Internet commercialization. However, the industry is shrinking due to its various regulations in building and its utilization of personal information as big data. Currently, South Korea's personal data utilization business is in its early stages. In the era of the 4th Industrial Revolution, it is difficult for startups to use data. There are various causes here. Above all, legal regulations to protect personal information are emphasized. This study confirms that transactions of personal medical records through My Data can be made. Moreover, it confirms that there is a need for a mediating role between stakeholders. This study lacks statistical access in the process of performing stakeholder roles. However, personal medical records will be traded safely in the future, and new subjects will enter the market. Furthermore, the domestic bio-industry will develop. Through this study, various problems were derived in establishing Medical MyData in Korea. Moreover, it looks forward to continuing various studies in the health care sector in the future.

• 대한기관윤리심의기구협의회지
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• 제4권2호
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• pp.30-35
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• 2022

The Human Research Protection Program (HRPP) includes all subject protection activities and entities involved in the process of planning, reviewing, and conducting clinical research and it ultimately aims that research can be conducted ethically and scientifically while protecting the rights and welfare of research subjects. At the beginning of its introduction in Korea, it was settled down by adopting the United States HRPP, especially the form of AAHRPP element and regulations. However, regulations and operating forms of HRPP have been changed according to the Korean domestic research environment. Actually, all the Korean institutions are adopted the Korean HRPP guidelines that have been officially announced by the Ministry of Food and Drug Safety in Korea. Recently, Korean domestic laws such as the "Advanced Regenerative Biology Act" or "In Vitro Diagnostic Medical Device Act" have been dramatically innovated and our research environment becomes to be more complicated. Therefore, the development of a suitable Korean HRPP model considering the Korean research environment is strongly demanded. For the early settle down of the Korean HRPP model, the positive incentive method should be applied, when the HRPP is operated and/ or properly operated. These improvements in the Korean HRPP environment will eventually lead to the appropriate protection of subjects who are participating in human clinical research and the quality improvement of clinical research.

• 국제학술발표논문집
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• The 1th International Conference on Construction Engineering and Project Management
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• pp.447-451
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• 2005

The purpose of this study is to improve regulations such as law and standard contract forms related to defects liability in Korea. Defects liability has been one of the major causes of construction contract disputes in Korea in recent years. It is important to avoid or resolve disputes regarding defects liability through regulations containing clear criteria and to specify the standard regarding the mitigation and remission of the contractor's defects liability. This study was carried out through document research and analysis of judicial precedents. The following are the courses of improvement regarding the mitigation and remission of defects liability in Korea. First, laws and standard contract forms must contain more detailed clauses regarding exemption of a contractor's defects liability, which clearly set out the scope of the defects liability of the contractor. Second, the current system for defects liability favors the owner rather than the contractor - it is necessary to change the defects liability system in order to give the owner and the contractor an equal standing. Third, strict liability is taken on by the contractor even when the term of guarantee for defects lasts longer than the legally set period of liability for defects. Hence, it is necessary to improve the system by alleviating the liability of the contractor through applying negligence liability as opposed to strict liability during the term of guarantee.