• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• Korean Journal of Remote Sensing
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• v.23 no.5
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• pp.335-346
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• 2007

This study is aiming at improving the Environmental Conservation Value Assessment Map(ECVAM) of National Land in Korea. The ECVAM items are composed of legal and environmental/ecological assessments. A popular method applied to ECVAM is an overlay environmental/ecological assessment items. The purpose of this study is to offer complementary items of the ECVAM by examining assessment items. In this study we assessed the ECVAM by five methods. Method 1 is Grade 1 areas of each administrative district; Method 2 is comparing overlapped areas of each assessment items Grade 1, 2 and permission of each assessment items duplication; Method 3 is Grade 1, 2 areas by only singular assessment items; Method 4 is Grade 1 areas only of Method 2; and Method 5 is Grade 2 areas only of Method 2. Method 1 showed Seoul and other metropolitan cities revealed a large proportion of Grade I regions by the legal assessment items. Gang won-Do, showed a large proportion of Grade I regions by the environmental/ecological assessment item. Method 2 showed 93.4% of diameter Grade II(standard for stability); forest diameter item accounted for 99.9% by Method 3, Method 4 showed 95.7% of forest diameter, and forest density accounted for 66.4% by Method 5. This study contributes to reduce the complexity in the process of manufacturing ECVAM of National Land, and to raise the flexibility in the process of managing and updating this map.

• International Commerce and Information Review
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• v.5 no.1
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• pp.137-158
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• 2003

The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

• Convergence Security Journal
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• v.3 no.1
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• pp.7-22
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• 2003

The legal dispute of electronic commerce and computer crimes are increasing because the electronic services like e-government and e-commerce are now widely used. Computer Forensics becomes the method for recovery, preservation, analysis and report regarding digital evidence essential to resolve the legal dispute and computer crime. In this paper, the developmental process of Computer Forensics is discussed. It is intended to elicit constructive discussion regarding the domestic Computer Forensics. And this discussion will be of help to establish the secure e-business and e-government services in the field of the research, legal system and technical skill of domestic Computer Forensics.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.15 no.1
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• pp.3-13
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• 2004

A historical overview of the relationship between law and medicine, particularly psychiatry, was presented along with the religious, social and legal aspects of the societies in the Western hemisphere as they affected the concepts and philosophy of the legal system in each society at different point in history. The evolution of the modern concept of juvenile court system and changing patterns of implementing the juvenile law in the United States, particularly the mental health evaluation process to determine the youths' competence to stand trial, were presented in detail. The ultimate goals of protecting the civil rights of children, adolescents and youths are emphasized.

• Journal of Fisheries and Marine Sciences Education
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• v.5 no.1
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• pp.15-22
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• 1993

The Maritime Traffic Safety Law of P. R. China has not the legal nature of navigation rule which regulates the vessel traffic directly but has the legal nature of management to ensure the safety and good order of the whale marine traffic. For that reason, the legal status of this Law is a general basic norm for the marine safety regulations rather than a definite enforcement regulation. This Law does not have any clear statements on adaptation of the steering and sailing rules of the International Regulations for Preventing Collisions at Sea, but it can be presumed the Convention would be applied on the viewpoint of the international practice. The subject matter of this Law is easily understandable, because the IMO and shipping countries have already made similar legislation. Since the maritime traffic condition of the P. R. China also has a direct effect upon the Korean coastal waters, it is essential to observe closely the process of enforcement and development of the P. R. China's Maritime Traffic Safety Law.

• Asian Journal of Innovation and Policy
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• v.7 no.1
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• pp.190-206
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• 2018

This article focuses on the legal systems and practice of intellectual property protection in Japan and China, including the relating civil litigation and administrative litigation procedures. The challenge of balancing the relationship between an invalidation trial and an invalid defense during the process of civil patent infringement litigation is a common issue to be solved in both Japan and China. In addition, it is quite usual that the IP products are being imported and exported across the borders due to the expansion of international trade. Accordingly, one of the most symbolic and difficult issues is how to balance the development of international trade and IP protection in each country. In other words, there is a practical issue regarding whether a parallel import of patented products is acceptable to a country or not. The key to determining this issue depends on the judgment of international exhaustion.

• Culinary science and hospitality research
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• v.12 no.4 s.31
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• pp.46-62
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• 2006

This study researched unequal trades and analyzed the difference of legal relation control between the franchisor and the franchisee in foodservice industry. The purpose of this study was the preparatory process for basic data to establish a statute law for the franchisee in foodservice industry. We made up a questionnaire for 53 franchisees in March 2004 and analysed spss 10.0. This result was as follows. First, the special office was needed for publicity activities of law related franchise and the investigation of a right in the written contract for a franchisee. Second, there should be the conformation and objective criteria of monopolistic goodwill in legal proceedings. Third, the larger the scale of franchisees was, the less efficiently the conflicts between franchisors and franchisees were controlled.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.3
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• pp.421-428
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• 2021

Identifying which international maritime legal instruments are mandatory or recommendatory is complicated task even for maritime regulatory bodies. Although International Maritime Organization (IMO) had tried to ease the complexity by adopting guidelines on uniform wordings for making reference to other instruments in IMO parent conventions, there has still been some confusion identifying the mandatory status of IMO instruments. The aim of this study was to map out a step-based guideline to resolve the complexity of the mandatory status of IMO instruments to the maximum extent possible. This study reviewed the history of IMO rule-making process to find the root cause of the problem, then analyzed the approaches of regulatory enforcement bodies to check the practices. In conclusion, readers are directed to find such information as to legal status of IMO instruments and an improvement is proposed to enhance the transparency of information sharing for maritime industry to make better informed decisions.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.284-288
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• 2022

The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.