• Journal of Korean Society of Archives and Records Management
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• v.18 no.1
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• pp.177-202
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• 2018

This study examined the characteristics of the records produced by the National Election Commission, which is designated as a constitutional institution in Korea, and derived problems by analyzing the status of its records management. This paper suggests improvement plans based on the findings. First, it investigated records and their features since the National Election Commission has been in service. The differences between works in the field and legislation were analyzed through literature surveys and staff interviews. The improvement plans were presented in terms of systems, facilities, human resources, and services. In particular, this study suggests focusing on the production of a large amount of the same records of the National Election Commission.

• The Korean Journal of Archival Studies
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• no.33
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• pp.113-153
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• 2012

Since the government of Republic of Korea was established in 1948, a period that made the biggest difference on National Records Management System was from 1999 when was enacted. Especially, it was the period of President Roh's five-year tenure called Participation Government (2003-2008). This paper illustrates distinct phenomena of Records Management System Policy during Participation Government. Three major agents of the system are President Roh, the Presidential Secretariat, and Archives Management Bureau at the National Archives of Korea. They sometimes competed with themselves for initiatives of policy, but they used to cooperate with each other and have brought about innovations on records management. The first distinctive characteristic of Participation Government (below PG)'s records management is that it implemented governance actively. That is, it tried to listen carefully to all opinions of interest organizations related to records management and enacted laws based on those. The PG not only listened to civic groups, but also created two professional groups called Records Management Innovation Expert Committee and Innovation Decentralization Assessment Committee. Those two groups enacted . Another remarkable feature is a nomination of records management specialists at public institutions. In 2005, PG created Archival Research Positions among research public officials and appointed experts in the field of Archival Research History at central department. With the process, the government tried to provide public records management system and to improve specialty of records management. Since then, records management specialists were employed not only at local governments but also at private archival institutions. It has allowed of entering a new phase in employing records management professionals. The Participation Government also legislated (completely revised) . It led to a beginning of developing records management in Republic of Korea. was revised thoroughly for the e-Government period and was established as a foundation for managing presidential records. An establishing process of a country's records management system describes the degree of democratic development of society. Following governments should supplement PG's shortcomings and carry out 'New Governance Records Management System'. Principal subjects of records management system should include not only a government but also civic groups, local governments, small businesses, and academic professionals. The object of records management also needs to be democratic by recording not only the plans and enforcements of a task but also influences and results of a task. The way of archiving ought to be discussed by all related principals.

• Korean Journal of Heritage: History & Science
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• v.55 no.1
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• pp.35-50
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• 2022

The Korean cultural heritage protection act, enacted in 1962, is known to have been enacted in imitation of the Japanese cultural heritage protection act. The Japanese law differs from the current law dealing with intangible cultural heritage, folklore materials, and buried cultural properties. The Japanese law was enacted in consultation with the GHQ, and reflected the historical issues at the time of the enactment. Recently, in Japan, GHQ documents have been released and so research on the cultural heritage protection act is carried out. Therefore, it is necessary to understand the meaning and achievements of the Japanese cultural heritage protection act before comparing it with the Korean law. GHQ stipulated the emperor as a symbolic entity in the Japanese constitution and prescribed the country as a liberal democracy. Influenced by this, the cultural heritage protection act was enacted to identify the people's cultural heritage. Accordingly, the cultural heritage protection committee is a private and independent organization in Japan. The committee designates cultural heritage assets, and it operates as the national museum and the cultural heritage research institute. This system was a part of policy changes shifting cultural heritage management to the private sector. Since many cultural heritages are associated with the imperial family, museums were managed by the imperial family. Meanwhile, the Japanese house of councillors persuaded GHQ, which was negative about including intangible cultural heritage in the cultural heritage protection act. The purpose of this idea was to provide the system of the government support for Japanese imperial court music and dance. In addition, folk materials were included with the consent of the GHQ in that they represent the cultural heritages and the academic achievements of the people at the time in Japan. According to the Korean Law, the subject of designation of cultural heritage is the government, and the cultural heritage committee acts as an advisory body with its limited functions. In the early days, the committee confused the concept of intangible cultural heritage and folklore materials. This was because the concepts of cultural property was borrowed from Japanese law and applied to the Korean law without a full understanding. In response, the cultural heritage committee urged the ministry to investigate the current situation in Japan. The cultural heritage committee, mainly consisting of folklore scholars, was confused about the concepts of intangible cultural heritage and folklore materials, but the concept became clear when the enforcement regulations of the cultural heritage protection Act was enacted in 1964.

• Journal of Arbitration Studies
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• v.24 no.4
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• pp.3-28
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• 2014

This article examines the Annulment Mechanism of arbitral awards rendered under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). The primary feature in the ICSID and non-ICSID arbitration regarding the review of awards involves the unified nature of the ICSID system, as compared to the scattered and multi-layered system of review existing under arbitration rules, national legislation, and international convention. This unity can be perceived at different levels. The ICSID annulment mechanism entails only a set of rules; thus, only one set of application standards of review will be implemented, as opposed to sometimes conflicting layers of application rules, laws, and convention, as in the case of non-ICSID arbitration. However, some of the recent annulment decisions have raised serious questions about the breadth of annulment in practice, as opposed to its original design. Nonetheless, implementing a new system under the ICSID awards to be reviewed by an appellate court appears to create more problems than it solves. The potential impact of introducing that mechanism could result in a longer and more complex proceeding, with uncertain benefits.

• Journal of the Korean Institute of Gas
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• v.21 no.4
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• pp.62-69
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• 2017

Chemical accidents are systematically managed by the Chemicals Control Act. However, the definition and case studies of violent incidents by hazardous chemical substances need to be adequately organized. In this study, we focused on suggesting improvement directions of the legal and institutional system to prevent the violent incidents of hazardous chemical substances by studying the problems of current legislation and drawing up implications through domestic and foreign cases. The suggestions for improvement are as follows: 1) Strengthening prevention through amendment of laws (1) Selection of the competent department; 2) Enforcing regulations on online and offline commerce (1) Setting personal purchase amount; and 3) Increasing public awareness and public education (1) Improvement of the continuous system through the Chemical Evaluation Committee.

• Journal of Families and Better Life
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• v.26 no.6
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• pp.35-50
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• 2008

The purpose of this study was to analyze the characteristics and financial status of credit delinquents utilizing the debt management program of the Credit Counseling and Recovery Service between January-June in 2007. Total sample of 41,355 cases was analyzed using the statistical program SPSS(Version 12.0). For analysis, descriptive statistics, F-test, Scheffe test, t-test, logit analysis and regression analysis were employed. People in the age range of 30-40s, males, high-school graduates, married couples, part-time employees, costfree residents and residents in other regions were relatively high users of the debt management program. Reasons of credit delinquency were diverse and was combined to credit default. However, increases in expenses and income reductions were found to be the most frequent reasons. Financial conditions of delinquents were worse than those of average persons shown on the national statistics. It was also found that age, sex, educational level, occupation, region of residence, home-ownership, reason of delinquency, income and total outstandings of debt were significant determinants of short-term debt burden which was measured by the ratio of monthly payment to income and long-term debt burden which was measured by repayment period.

• Journal of the Korean Society of Marine Environment & Safety
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• v.9 no.2
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• pp.15-21
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• 2003

Recently, one of important resolutions of IMO MSC is an adoption of AIS in SOLAS Chapter 5. The AIS, which is a communication system to enhance safety of navigation by transmitting and receiving vessel information automatically, entered into force on July 1st, 2002. This paper provides guidelines for utilizing AIS effectively and successfully in VIS or all ships. For this, we investigated technical characteristics of AIS, the regulations related to AIS, marine accidents.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.99-119
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• 2009

In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

• Journal of Arbitration Studies
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• v.19 no.1
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• pp.67-98
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• 2009

Recently there are many cases on the intellectual property dispute. Among them some cases are solved through mediation and arbitration. Mediation and arbitration hold some advantage over court proceeding for intellectual property dispute. However the traditional litigation system has material limitation to settle down international intellectual property dispute. Without arbitration, litigation in court would be the only choice in case of no consensual settlement between the disputing parties. However, once being aware of the usefulness of the arbitration, people in international business widely realize that arbitration is generally preferred to litigation. Mediation is a method of settling dispute outside of court setting and many mediation committee are established since 1986 in Korea. Arbitrability has been a crucial issue in the intellectual property dispute. In most developed countries including the U.S.A. and Switzerland, arbitrability in the intellectual property dispute has been changed in recent years by law. Now in resolving the dispute with international intellectual property is needed for legal research, experience, working practices and knowledge of the intellectual property industry and so on.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.3-31
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• 2019

In order to achieve full-scale economic cooperation between North Korea and South Korea, the Gaesong Industrial Complex should reopen first. In this case, the Inter-Korean commercial arbitration system should be clearly established to effectively resolve the disputes arising in the special economic zones of the Gaesong Industrial Complex. Even though the Inter-Korean Investment Security Agreement, the Agreement on the Resolution of Commercial Disputes between North Korea and South Korea, the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee, and the Agreement on the Formation and Operation of the Inter-Korean Commercial Arbitration Committee in the Gaesong Industrial District are in place, specific arbitration procedure is not concretely agreed upon and realized between the two Koreas. Therefore, the realization of commercial arbitration between them led by the Ministry of Unification or the government should be accomplished. In addition, it is necessary to consider the administrative trial or administrative litigation system in order to deal with administrative disputes that are not subject to commercial arbitration. Lastly, discussions on legal integration between the two Koreas should continue, focusing on the special economic zone of the Gaesong Industrial Complex, in order to prevent integration from being hindered by a different culture for a long time.