• Management & Information Systems Review
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• v.7
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• pp.451-462
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• 2001

국제물품매매계약은 당사자간의 합의에 의해서 이루어진다. 그러나 국제간의 물품매매에 관련하여 모든 상황을 특정계약에 반영하는데는 한계가 있다. 따라서 특정계약에 대한 해석과 판단의 기준이 되는 하나의 보편적이며 합리성에 기초를 둔 준거법이 필요하게 된다. 이러한 준거법은 어느 특정국가의 사범으로 충분할 수도 있지만 국제거래가 안전하고 원활하게 실행되기 위해서는 그것이 세계 어느 나라에 있어서도 같은 내용의 통일적인 법에 의하여 규율되는 것이 바람직하다. 특히 경제적 합리성에 기초를 둔 거래법의 분야에서는 이론적으로 법의통일은 가능하며 실제적으로는 로마의 사법통일협회(UNIDROIT)나 국제연합 국제상거래위원회(UNIDROIT)에 의하여 지금까지 어느 정도 통일사법 제정의 필요성이 꾸준히 제기 되어 왔다. 이러한 목적을 수행하기 위하여 UNICITRAL(국제연합 국제상거래위원회)이 1980년에 발표한 국제물품매매계약에 관한 UN 조약-비엔나협약(CISG)은 국제간의 물품매매에 관한 계약법으로서 중요한 역할을 수행하고 있다. 비엔나협약(CISG)의 법리적인 근거는 "자주적인 준거법의 제정 및 그 적용상의 통일성"에 있다는 것이다. 또한 그 내용을 보면 첫째, 지역적 의미를 가지는 법률용어의 사용을 피하고 대신 격지간의 계약시 실제로 발생하는 현실적 사례의 관점에서 법안을 작성하고자 하였고 둘째, 그 내용을 달리하고 있는 각국의 사법을 통일하는 것에 의해 모든 사법적 법률관계에 같은 내용의 사법을 적용하는 방법, 즉 세계통일사법의 제정이라 하겠다. 본 연구는 비엔나협약(CISG)의 입법취지와 배경을 고찰하였으며 또한 통일사법으로서 협약상의 "일반원칙의 통용"을 계약성립(Formation of Contract)의 과정별로 정리하였다.

• Convergence Security Journal
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• v.13 no.2
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• pp.133-141
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• 2013

After Presidential Declaration of Korea's Rights in the Surrounding Seas(Lee, Seung-Man Line), Japanese government objected to the Korean government's Declaration of the Peace Line. Japan didn't agree with Korean's ownership of Dokdo and has tried to develop the Dokdo issue into an international dispute and solved it by resorting the International Court of Justice(ICJ) since 1954. As mentioned before, ICJ doesn'thave the right of compulsory jurisdiction of ownership of Dokdo between Korea and Japan. Therefore, we don'thave to agree with Japan's suggestion of bringing a case to ICJ to solve the Dokdo issue. It is not the best way to maintain the international peace judging by ICJ as well. When Japan try to institute case unilaterally, We should remember that it is possible to give the expanding jurisdiction to the ICJ. It is the best way that solving the dispute of Dokdo is to establish the sovereignty over Dokdo while strengthen the control the Dokdo effectively. In conclusion, no matter how Japan claims ownership of Dokdo, it cannot be subject to negotiation.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.39-61
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• 2003

• Journal of the Korean Professional Engineers Association
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• v.44 no.2
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• pp.14-16
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• 2011

지난 2월 10일 기술사법 관련 고시 중 ‘국제기술사 자격 요건 및 심사기준 고시’ 등 3개 고시가 아래와 같이 개정되었습니다.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2005.11a
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• pp.90-91
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• 2005

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.129-132
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• 2006

• The Journal of the Convergence on Culture Technology
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• v.10 no.3
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• pp.359-370
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• 2024

Special judicial police officer are exercising their right to investigate areas that require expertise that is difficult for ordinary police to investigate. The fire special judicial policer are also like this, and since they investigate the specialized field of fire offenders, they require not only expertise in the firefighting field but also professional capabilities in the investigation. To achieve this, there must be improvements in the selection process for fire and special judicial police officers to secure excellent investigative personnel. There is a lack of educational facilities and training content that can systematically educate selected investigative personnel and strengthen their expertise, so improvements are needed. must also be done. Laws on controversial areas surrounding the fire and special judicial police must be reorganized and poor investigative conditions must be improved so that the fire and special judicial policer can properly perform their role.

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.