• Journal of Arbitration Studies
• /
• v.31 no.1
• /
• pp.107-127
• /
• 2021

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

• Journal of Cadastre & Land InformatiX
• /
• v.52 no.2
• /
• pp.81-102
• /
• 2022

This study reviewed the concept of land registration and analyzed the land registration system in UK, Australia, USA, the Netherlands, France and Sweden. Land registration is a process of registering physical information and rights related to land in the land register for protection and regulation of land rights, taxation and dispute resolution. The land registration systems in the six countries were mainly analyzed in terms of policy, land register, objects and systems. As a result, first, the establishment of the land registration master plan is of paramount importance for sustainable development of land registration systems. Second, land register needs to be improved for 4D land management and service. Third, reduction of period and improvement of work efficiency for the cadastral resurveying should be considered. Last, a plan to improve public services by linking the geospatial technology with the land registration system is need.

• The Korean Society of Law and Medicine
• /
• v.17 no.1
• /
• pp.107-135
• /
• 2016

Medical tour can be said to be a new high added-value tour industry of 21st century. The development of varied and distinguished medical tour products by each country will further vitalize the medical tour industry. As the interest in such medical tour increases, it is necessary to analyze the demand and interests of tourists accurately and prepare medical tour products to be provided in order to develop and promote medical tour products. The government considers the medical tour industry as an industry with high expected effects in job creation through promotion of experts in global healthcare industry and national economy development through high added-value creation, and has expanded aid policies in medical tour field with improvement of medical tour immigration system, one-stop service system for medical tourists, and medical tour labor force promotion system. Nevertheless, there are disputes between foreign patients and medical tour inviting businesses, along with medical accident disputes between foreign patients and medical staff and disputes with those working in the tourism industry. This article reviews the types of disputes occurring around the inviting businesses related to medical tours and tried to review the resolutions. Through this, it was found that medical tour inviting businesses have the responsibility to connect the mediated benefits and risks and also the responsibility to process the tasks. Thus, in case dispute occurs due to passive actions from establishing agency agreement to active mediation results, it is difficult to escape the liabilities. Also, in a medical tour agency contract, the inviting business must be aware that it bears the responsibility to explain and advise the details on benefits and risks to foreign patients. The "Guide to arbitration system for resolution of medical disputes with foreign patients" by Korea Health Industry Development Institute Act presents a method to resolve disputes according to the [laws on medical accident damage relief and medical dispute arbitration] in case a dispute due to medical accidents occurs to foreign patients when the foreign patients prepare diagnosis agreement, Whether such method is sufficient to protect foreign patients, however, is thought to require discussions from more diverse perspectives. In order to vitalize medical tourism, the development of diverse products is also important, but the countermeasures against related disputes should also be prepared. Such is expected to contribute to a greater advancement based on trust of foreign medical tourists alongside excellent medical technologies.

• Journal of Arbitration Studies
• /
• v.28 no.2
• /
• pp.111-135
• /
• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.44 no.2
• /
• pp.78-84
• /
• 2021

In addition to physical risks such as electrical, chemical, and mechanic ones in the workplace, psychosocial risks are also raising as an important issue in recent years in connection with human rights and work-life balance policies. The purpose of this study is to confirm the degree of effect of the psychosocial risk management plan at the workplace on workers through logistic regression analysis. Input data for logistic regression analysis is the results of a survey of 4,558 people conducted by the Institute for Occupational Safety and Health were used. There are 9 independent variables, including the change a workplace and confidential counseling, and the dependent variable is whether the worker feels the effect on the psychosocial risk management plan. As a result of this study, changes in work organization, dispute resolution procedures, provision of education program, notification of the impact of psychosocial risks on safety and health, and the persons in charge of solving psychosocial problems are shown effective in reducing worker's psychosocial risks. This study drives which of the management plans implemented to reduce the psychosocial risk of workers in the workplace are effective, so it can contribute to the development of psychosocial risk management plans in the future.

• Journal of Arbitration Studies
• /
• v.26 no.2
• /
• pp.27-44
• /
• 2016

The use of program formats has slowly but surely developed into an important component of the television industry. This article examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. From both the social and commercial standpoints, television formats are valuable creations. Understanding the two products, the paper and program stages, of a television format and their respective markets, is fundamental to discussions of its legal protection. Interestingly, under current law, the less-developed stages of the process (program ideas and paper formats) are awarded more protection than the aired program format, which accumulates higher levels of investment, creativity, and expression. Internal industry mechanisms, such as vertical integration, damage to reputation, and industry institutions, exist in both markets and are still able to control and influence members' behavior to some extent. However, while the influence of internal industry mechanisms is still strong in the paper format market, in the program format market, which continues to grow, such mechanisms have weakened, amplifying the importance of a clear legal system. The absence of protection will certainly not completely eliminate the production of new program formats. However, these factors do not add up to a case against protection. The changes in the program format market in the last two decades support the theory that the overall effect of providing legal protection for TV formats would promote beneficial competition and encourage more original creations. The underlying question for television formats should not be whether to protect but rather how.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.9 no.8
• /
• pp.1787-1792
• /
• 2005

The join of remote sensing and GIS(Geographic Information System) could be useful in various fields of marine information and land information as well as ITS(Intelligent Transport Systems). This paper is LPF(Low Pass Filtering) for the extraction of island detection in coastal zone Iron SPOT imagery which is 10m resolution photograph. The study area is based on the southern sea in korea. Sobel operator performed the extraction of island detection in coastal zone after the LPF processing by remote sensing. And, GIS was used to generate from raster to vector data. As the result, The best way prove out the 5${\times}$5 convolution mask about the LPF processing of island detection in coastal zone. It is judged the research which it sees with the fact that the presentation of very scientific and reasonable data will be possible from the oceanic dispute will occur from the EEZ(Exclusive Economic Zone).

• Review of Korean Society for Internet Information
• /
• v.14 no.4
• /
• pp.63-76
• /
• 2013

This short report introduces the general background why Brazil conference is being prepared and what topics would be undertaken and what goals are being taken into account. It overviews what differences from traditional telecommunication governance, internet governance has had in its historical development and how such differences had been formed from its technological differences and the regulatory policy shift from common carrier regulation to privatization. Moreover, the fact that open, voluntary, bottom-up, diverse stakeholder's participation had evolved throughout the historical development of the internet, had established the present multistakeholder governance model from technological standardization to addressing scheme policies. ICANN, which has governed internet addressing schemes since the earlier 2000s, had developed address policies including IANA function from Jon Postel and technical community's legacy management system into contract based formation between ICANN and gTLD, ccTLD registries. And it made dispute resolution policies responding to trademark disputes and resolved gTLD monopoly issue by introducing new TLD generation and the separation of registry and registar. However, there had been challenges on the legitimacy of ICANN due to its dependency on the Federal Government of the U.S. particularly in its oversight role over ICANN and IANA contract. WSIS raised up internet governance issues including addressing governance, and set up IGF as a discussion platform for multistakeholders to discuss and share all views on other internet related public policies. IGF's loose and non-binding discussion once frustrated governments and other stakeholders, but more focused discussion and visible outcomes have consolidated its unique role for internet governance discourses. Particularly, IGF addressed many emerging internet related issues like cybersecurity, privacy, net neuratlity, development related issues. WTPF of 2013, after WCIT debate on whether traditional telecommunication regulation could be applied to internet infrastructure, suggested other governance issues such as the transition to ipv6, IXP coordination etc. How to make sure the legitimacy of internet addressing governance and how and where other internet related public policies could be undertaken are fundamental tasks for internet governance. Brazil conference, which has been motivated by the breakdown of trust in internet governance from NSA mass surveillance revealed by Snowden, faces these questions and try to make consensus on principles, institutions and roadmap for internet governance in multistakeholder participation way.

• Korean Journal of Labor Studies
• /
• v.24 no.2
• /
• pp.409-441
• /
• 2018

This study is a case study about the Valero Energy Corporation, the largest American independent refinery company, examining the characteristics of human resource management as a union avoidance strategy. The main research questions here are whether union substitution strategy differs clearly from union suppression strategy in the context of Valero Energy. Since the establishment in 1980, the Valero had maintained non-union tradition. The typical examples of human resource management in the non-unionized American companies are easily found in the Valero, such as strong CEO leadership, manpower policy emphasizing corporate culture and teamwork, direct communication between company and individual employees, no lay-off policy and no outsourcing policy of HRM, salary level around average of industry and best level of fringe benefits in the industry, non-union tradition and well-functioned alternative dispute resolution system and so on. Until now, based on tremendous growth and profitability, the company have applied union substitution method adopted by good companies as concrete method of union avoidance strategy instead of union suppression method that marginal enterprise prefers.

• Journal of Arbitration Studies
• /
• v.33 no.4
• /
• pp.37-67
• /
• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.