• Journal of the Korea Institute of Information and Communication Engineering
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• v.25 no.11
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• pp.1676-1686
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• 2021

In this paper, we propose a general cross-chain solution based on the idea of modularity, abstraction, and layering, which decoupling the cross-chain function from the consensus algorithm and specific application logic, and utilize a Merkle proof to ensure the validity and legality of cross-chain operations. Since the underlying implementations of homogeneous and heterogeneous blockchains are different, we treat them separately. For homogeneous blockchains, we suggest a TCP-like cross-chain transport protocol (CCTP). While for heterogeneous blockchains, we present a method to construct the relay chain to realize the cross-chain function. The proposed scheme can enable the correct, effective, reliable, orderly, and timely transmission of cross-chain data. However, the essential difference between the operations within a single blockchain and the interoperability between different blockchains is that the trust domain is different. Cross-chain interoperation itself breaks the completeness of the blockchain, therefore, some efficiency and safety must sacrifice to trade-off.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.51-70
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• 2021

Chinese courts seem to be indifferent or ignorant of truncated arbitration. In other words, the Chinese court canceled the arbitration award made by truncated arbitration except for the Pingdingsan Case among the four arbitration cases related to the domestic arbitration award reviewed in this paper on the ground that it violated the composition of the arbitral tribunal or the arbitration procedure. A Chinese court has canceled the arbitration award by judging only based on the composition of the arbitral tribunal and the legal process of the violation of the arbitration procedure not by determining whether the domestic arbitration award made by the truncated arbitration meets the conditions for the application of truncated arbitration as stipulated in the Arbitration Rules. Moreover, it seems that the Chinese court made a serious error in the application of the relevant regulations in the Pingdingsan Case, which ruled that the truncated arbitration did not violate the legal process. In this case, the Chinese court admitted truncated arbitration under logic process that it was not necessary to wait until the final hearing to apply the truncated arbitraion because one arbitrator was absent before the final hearing, but the truncated arbitrator had already formed his/her opinion before the absence. However, in the case of Marshall Investment Corporation, a case related to foreign arbitration, the Chinese court rejected the approval and execution of the truncated arbitration award by strictly applying the laws and timing of the truncated arbitration. Since only one case has been identified in the main text, it is difficult to make a definitive judgment, but considering these cases, it seems to be that the Chinese courts apply different standards to domestic and foreign arbitration awards to determine the legality of truncated arbitration.

• Korea Trade Review
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• v.47 no.1
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• pp.163-180
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• 2022

The purpose of this study is to examine the extent to which smart contracts can be applied to the software export business and to find out the legislative issues to activate smart contracts. A smart contract is a computer program that automatically executes a contract when conditions are fulfilled. Smart contracts can play a pivotal role in the field that requires immediate execution of contract or in a highly standardized field with multiple parties involved. In the software export business, it is desirable to apply the smart contract partially rather than applying the smart contract to the entire process because various parties are involved and the process is very complicated. The business model of exporting packaged software, a completed software that is mainly licensed for use, rather than the business model of exporting customized software is suitable for using smart contracts because the project for implementing customized software is mainly focused in the development stage. When smart contracts are used in processes such as contract signing, payment, and project management, work efficiency can be increased. In addition, smart contracts can be used when conditions can be quantified, such as error penalties, in areas that previously required contracts with third parties such as banks, guarantors. In order for smart contracts to be actively used in practice, legal reviews on various issues are necessary including the legality of a smart contract and the validity as an electronic document of NFT (non-fungible token) certificate. Also, for the system stability preventing hacking, etc, the periodic verification or inspection by a third party is essential. To activate smart contracts in international transactions the international treaty regarding smart contracts is also necessary.

• Korean journal of applied entomology
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• v.63 no.1
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• pp.13-23
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• 2024

Vespa velutina nigrithorax du Buysson, 1905 is the invaded species in Korea since 2003. Since its importance as the honey bee pest, beekeepers use insecticides to kill the adult and immature hornets. However, its legality and effectiveness has not been confirmed. This study investigated the susceptibility of insecticides commonly used to control hornets by beekeepers in Korea. Eight insecticides were tested on adult worker and larvae by topical or oral treatment. Adults showed more than 70% mortalities from Clothianidin, Dinotefuran, and Carbosulfan treatment within 30 minutes. Bifenthrin and Cartap hydrochloride showed relatively low toxicity. The median lethal dose (LD₅₀) for Clothianidin, Dinotefuran, and Carbosulfan was 0.29, 0.65, and 2.21 ㎍/bee, respectively. In larval feeding test where 5^th instar larvae were fed 3 times every 24 hours, the mortality began after second treatments. After 3rd treatments (72 h), all insecticides showed mortality more than 70%. The LD₅₀ values of Clothianidin, Dinotefuran, and Carbosulfan to V. velutina were approximately 10 to 100 times higher than those to honey bee, Apis mellifera. This study provides the basic information of those chemical toxicities to Vespa hornet and honey bees.

• The Journal of Fisheries Business Administration
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• v.24 no.1
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• pp.45-64
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• 1993

The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.

• Korean Security Journal
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• no.36
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• pp.201-225
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• 2013

The link between transnational environmental harm and national security has attracted new attention due to the environmental crisis such as climate change, nuclear accidents and, pollution. However, both domestic and international environmental regimes are still tied to the unsuccessful and unclear notion-sustainable development. The present author argues that environment should be considered as a security matter for the effective environmental protection. If, for example, a nation committed a serious environmental harm and the effects spans borderlines, and the source nation refuses to cooperate or compensate, would sustainable development still be an appropriate measure? Then, what would be the victim state's tool to protect its own security? The present author first looks into the possibility utilizing UN Security Council. But due to its limited legality and effectiveness in this environmental matter the present author would like to propose a non-traditional but a not-brand new method. This new method reflects two new trends both from international law and security areas. First, this approach clearly moves from the military focused security concept to broader security concept. Second, this is also a shift from traditional international law to transnational law. With these two new approaches, we will find a more suitable answer both for securing national environmental security and for protecting environment.

• Journal of the Korean Society of Marine Environment & Safety
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• v.11 no.2 s.23
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• pp.41-49
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• 2005

In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.119-142
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• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.141-163
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• 2004

The limits in the use of force against a civil aircraft which intrudes into sovereign airspace have not been defined in the aspect of international law. Therefore, this paper intends to analyze international laws and practices about sovereign airspace intrusions by the civil aircraft, and to examine the legality in the use of force against the civil aircraft hijacked by means of political terrorism, in particular. In this paper, the sphere of study is restricted within the problems of interception against the civil aircraft which intrudes into sovereign airspace in times of peace, excluding the problems against a state aircraft, and the responsibilities for the civil or criminal affairs due to interceptions. Herein this paper analyzes the existing international laws and the cases of each nation's use of force against the civil aircraft which intrudes into sovereign airspace, and organizes the conditions in the use of force which have been accepted in international laws and practices, and then applies them to the special case of civil aircraft hijacked by political terrorism. Consequently, this paper suggests that the basic principles of necessity, ultimateness, and proportionality be taken into consideration in the use of force against civil aircraft which intrudes into sovereign airspace. This study finally suggests that the possibility in the use of force against civil aircraft hijacked by political terrorism might be higher than any type of civil aircraft intrusions into sovereign airspace due to the factor of necessity of national security concerned.

• Korean Security Journal
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• no.37
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• pp.221-246
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• 2013

The purpose of this research is to analyze authority and expertise of internally-selected Director of Presidential Security Service (PSS) through case-studies of the 9th Director of PSS Sang-Bum Park and the 13th Director of PSS Sang-Kuk Yeom, and to provide suggestions as to how to improve the expertise of PSS director and how to make PSS more trusted by the president and citizens. To do so, this study employs qualitative research on various references while acquiring testimonies from an expert group. The result of the research is as follows. First, the 9th Director of PSS Sang-Bum Park and the 13th Director of PSS Sang-Kuk Yeom are categorized as non-authoritative Director of Presidential Security Service. Second the 9th Director of PSS Sang-Bum Park and the 13th Director of PSS Sang-Kuk Yeom are categorized as expert-type Director of Presidential Security Service. It must be acknowledged that the authority of PSS directors does not come from close relationship with president or physical distance, but from legality and professionalism. Therefore, when appointing a person who is in charge of his/her own safety, the president must consider national security and professionalism in order to succeed as a ready president.