• Journal of Legislation Research
• /
• no.44
• /
• pp.103-153
• /
• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.68
• /
• pp.89-121
• /
• 2015

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

• International Commerce and Information Review
• /
• v.6 no.2
• /
• pp.43-62
• /
• 2004

The present study reviewed the meanings of mediation and the roles of mediators, and examined the necessities of online mediation system, prerequisites for the settlement of the system, foreign cases of promoting online mediation and the current state of online mediation in Korea. It also identified problems in the mediation system in Korea and, based on the analysis of problems, discussed directions for the development of Korean mediation system in broad perspective. Directions for the development of Korean online mediation system suggested in this study can be summarized as follows. Firstly, the government must make an unsparing investment in order to activate online mediation system in Korea. Secondly, from the aspect of online mediation procedure, it is necessary to introduce online mediation system in combination with online seal system or certification marks. Thirdly, the judicial circle must take an amicable attitude toward ADR system and, furthermore, it is necessary for the court to be active in introducing various ADR systems. Fourthly, it is necessary to establish an integrated mediation system for the efficiency of mediation and cost saving. Fifthly, mediators must be provided with systematic and exhaustive periodical retraining programs. Lastly, it is necessary to help people to recognize that mediation system is a better service than other forms of dispute resolution procedure and particularly to enhance users' confidence in online mediation through advertising its advantages and safety. Moreover, in order to make e-commerce-related online dispute resolution available to everybody, it is necessary to overcome language barriers by establishing perfect service systems including automatic translation system in the governmental dimension.

• Journal of Korean Society of Archives and Records Management
• /
• v.12 no.2
• /
• pp.181-205
• /
• 2012

The study aims at providing an electronic transaction records management system based on the third party repository which do not have any interest in electronic transactions. This study reviews various articles and standards. It also discusses theoretical issues about electronic transactions and electronic transaction records. Complex characteristics of electronic transaction records are explored and management procedures are analyzed and divided into 5 stages by the life cycle and management bodies. Based on these discussions the study affirms that trustworthy third parties' interventions are essential to prevent and control potential conflicts of electronic transactions. It proposes a trustworthy electronic transaction record management system with the third party repository. Futhermore, it discusses evidence and management environment of electronic transaction records and provides cases of TTPR based on contract transaction and exchange transaction.

• Journal of Korea Port Economic Association
• /
• v.26 no.4
• /
• pp.310-328
• /
• 2010

The purpose of this study is to contribute to reducing distribution costs, enhancing export price competitiveness, and improving distribution system in LCL cargo, by pursuing the present status of warehouse storage fee, a cause & problem about excessive hike, and a plan for stabilizing warehouse storage fee, as for LCL Cargo, which is imported by sea. The plans for rationalizing warehouse storage fee in LCL cargo were suggested the adoption of the ceiling system for warehouse storage fee rate, the obligation of offering information on warehouse storage fee rate, the eradication of illegal rebate, the improvement in distribution system of the imported LCL cargo, a scheme for the importer to designate a bonded warehouse and forwarder, the introduction of the tentatively named 'LORAS(Lowest Rate Service),' and formation of the dispute coordinating committee for warehouse storage fee.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.1
• /
• pp.147-176
• /
• 2011

China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.107-142
• /
• 2012

An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

• The Korean Journal of Air & Space Law and Policy
• /
• v.12
• /
• pp.144-177
• /
• 2000

Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

• Journal of Arbitration Studies
• /
• v.27 no.4
• /
• pp.199-222
• /
• 2017

Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

• Journal of Distribution Research
• /
• v.16 no.5
• /
• pp.1-18
• /
• 2011

Local assemblers of agricultural products perform important distribution functions such as providing sales outlets, labor forces, market information, and financing, forward contracting, farming, physical distribution, and etc. However, their business activities are not transparent and producers are not effectively protected from unfair practices done by local assemblers. In order to enhance transparency and to increase effectiveness of governmental policies, local assemblers, which are mostly private management, should be organized as corporations. In order to organize corporations, the government should emphasize the importance of education and should provide corporations with governmental funds for improvement of agricultural distribution. Corporations should be developed to marketing cooperatives in the long run, and are requested to form their federations. It is also necessary to have transparent forward contracting system by local assemblers. In order to have transparent system, producers and local assemblers are guided to use standard contract forms and to operate offices handling unfair trade practices by local assemblers. We also need a place to exchange forward contracts, which can be developed to a futures market in the long run. In summary, local assemblers of agricultural products, which are mostly private management, should be developed to corporations and be operated by a transparent manner in order to protect agricultural producers and increase efficiency of trading.