• Journal of Arbitration Studies
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• 제16권3호
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• Journal of Science Education
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• 제33권1호
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• pp.111-121
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• 2009

The purpose of this research is to survey elementary pre-service teachers' in understand the legal Units, focusing on seven basic unit such a 'm', 'm2', 'L', 'kg', 'K', 'cd', 's'. This study specifically investigates whether the students understand the legal units. The subjects were 1096 students from the University of Education in Jinju, Gyeongnam. Data was collected through a questionnaire which was designed by this research and checked by authority, and the frequency and percentage of responses to each question were obtained and analysed. The survey was the legal units on interesting, using the experience of confusing and understanding of elementary pre-service teachers. The Korea Government is regulating using traditional measures such as 'pyeong' or 'don' in commercial transactions change to adopt the metric system for as a subsidiary the first of July, 2007. The interesting of the legal units dose not exceed a positive answer to the question 52.1%. Their were answered that the experience of the confused of 60.1% in the life. How to do efforts for the settle down of the legal units that answered broadcasting>in class>a campaign>study and training by an academic year in oder. Findings show regardless of academic year, gender and from the department of liberal arts or the science department all the students knew very well that 'm' '$m^2$', 'L', 'kg' are included in the legal units, compared to the others low percentage of 'K', 'cd' and 's' the legal units. In case of time(s), women has correct answered 2.7 times than man. In case of academic year, except for the third-year students was not to exceed 50%. In case of from the department of liberal arts or the science department contrary to one's expectations increase of 50% or more correct answer while half the students scored in science. The elementary pre-service teachers are seems to thinking separate the legal units with their in university life. Also elementary pre-service teachers are the lack of interest on society. Their should be for settle down of the legal units through learning to class in university, newspapers, strengthen publicity activities of broadcast media's further more by maintenance efforts of the government.

• Journal of Information Technology Services
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• 제14권1호
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• pp.69-83
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• 2015

The e-commerce market has been more diversified via B2B or P2P, and the size of this market has gradually been expanded as well. A noteworthy phenomenon is the P2P market, which has shown a rapid, approximately 200-fold or more increase in size since 2005. Specifically, the online secondhand-goods market that makes transaction easier and more convenient has attained a fast growth as well, but either sellers or buyers of secondhand goods are properly protected due to a lack of legal regulations on secondhand-goods transaction. The purpose of this study was to examine problems with online secondhand-goods transaction and to suggest some reform measures. There is something wrong with the legal status of brokers for secondhand-goods sales. According to the current law, individual brokers are neither mail-order sellers nor mail-order brokers. So they don't have lots of liabilities, and it means that the burden of risk is all imposed on buyers. Therefore it's suggested that individual brokers should be defined as 'involved operator of electronic commerce' so that proper liability might be imposed on them.

• Strategy21
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• 통권40호
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• pp.131-143
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• 2016

On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 한국소음진동공학회 2005년도 춘계학술대회논문집
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• pp.535-540
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• 2005

In environmental impact assessment, noise impact assessment usually consists of three stages surveying the existing noise levels by measurements, predicting noise levels induced by construction works and predicting noise levels after the completion of project. When predicting noise level in urban area, this method does not consider acoustic phenomena like multi reflection, diffraction and absorption due to complex topographic configuration of building and terrains. For the purpose, a noise mapping tool is utilized to produce a series of noise maps, which are those for the present, for the works of construction and for the future. For accurate noise mapping, acoustical and topographic information is essential. Standard sound power levels and directivities of various construction equipments are required and scheduling of construction processes and locations of the equipments should be provided. In the case of exceeding legal limit, mitigation measures are applied to satisfy the legal limits and subsequent noise map is obtained and checked.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제76권
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• pp.1-20
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• 2017

The industrial technology (including trade secrets), which is commonly understood as systematic and applied technical knowledge, can be transferred to third parties by contracting for the transfer of technology or by granting of a licence. The activity of industrial espionage, due to the gradual increase of the economic interests of intellectual property, is displaying intensively in order to gain advanced technology information. With our outstanding high technology, but compared to the level of the advanced countries, the technical protection systems, the legal protection measures and the systematic management thereof may still be insufficient. Our industrial technology outflow abroad, due to the vulnerability to the security control system in our country, has been increasing since the 2000. Computer software and SNS, such as smart devices, appear as a rapid change in the technical information environment. In order to minimize the dead zone of a new industrial security, the country's organic activity is being conducted. In 2006, Industrial Technology Outflow Prevention and Protection Law was enacted, which emphasized the responsibilities of the country. In this paper for the economic entity's efforts to prevent technology leakage oversea, I have looked to how the industrial technology can be protected in terms of national security and economic benefits of our enterprises. To solve the above-mentioned problems hereof, Korean government should willingly establish a reliable legal system for supporting to enterprise's operations, and Korean companies should autonomously introduce a synthetic technology protection system and incorporate the confidentiality clauses in an international transfer of technology agreement with third parties.

• Korea journal of population studies
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• 제31권2호
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• pp.157-189
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• 2008

This study aims at exploring some statistical aspects in response to the increase of foreigners and immigrants within the population of Korea. Such an interest conducts our case study of France with regard to the census and legal systems that restrict definition and measures of foreign population in the country. This study also explores historical background, legal entities and authorities involved in policy-related decision making in census and other statistics, and processes of statistical production on the concerned population. Also, an importance of statistical contributions to the immigration policies is discussed.

• Journal of Arbitration Studies
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• 제21권1호
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• pp.131-155
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• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• The Korean Society of Law and Medicine
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• 제12권2호
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• pp.163-187
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• 2011

On March 11, 2011, the Korea National Assembly finally passed the bill on the Damage Relief on the Medical Malpractice and Mediation for Medical Dispute. One of the features of this Act is including "The Subrogation Payment System for Damage (abbreviated SPSD)". This System is that 'Korean Medical Dispute Mediation-Arbitration Board' pays the damages, instead of the health care provider, for the patient who isn't paid damages by the health care provider despite of the Mediation or ruling. The purpose of this study is to search the problems and make improvement on SPSD. This System was introduced extreamly to the patients in order to induce them to the mediation. However,there remains several problems. In this articles, I have examined thoroughly the legal issues on SPSD. There are legal issues about the methods and ratio of the financial burden. In this connection, wide discretionary authority has been granted to administrative agencies specifically. On this account, this System clearly contains elements of a violation against the Constitutional Law. Moreover, this System can be broadly applied to the case of court ruling or the Korea Consumer Agency's mediation. But these measures go against the aim of legislation that the medical dispute can be resolved through the mediation or arbitration by this Act. In the end, these problems must be revised through the additional discussion.

• Journal of the Korean Society of Safety
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• 제32권2호
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• pp.124-131
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• 2017

This study aims to contribute to urban policy for more effective disaster prevention, as abnormal natural disasters are becoming more frequent. Up to now, the urban plan for disaster prevention in Korea merely includes basic principles and necessities of measures as an early stage. Furthermore, there are difficulties to make specific programs because the legal system, technical instruments, and financial supports are not sufficient. Therefore, this study figures out problems in the current plan related to urban prevention after analyzing the legal system and practices. Resulting from case studies in developed countries, the study draws significant implications, as follows: enhancing legally binding force; improving the procedures for the programs; establising technical infrastructure. It first suggests a way for the urban policy for disaster prevention by considering our local features comprehensively. It then defines the roles of central, local governemnts and research institutions, and the procedure for urban disaster prevention planning building on the individual roles. This study concludes that an emphasis should be placed on institutional tools necessary to publish technical guideline and establish the system so that urban planners more easily access to disaster risk information.