• International Commerce and Information Review
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• v.1 no.2
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• pp.273-294
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• 1999

인터넷은 단순히 통신수단의 변화에 그치지 않고 문화 사회 정치의 각 방면에서 커다란 변혁을 불러일으키고 있으며, 물품매매계약이 전자적으로 이루어지는 경우 전자상거래계약의 성립시기, 방식 및 전자문서의 효력, 준거법(applicable law, governing law), 재판관할(jurisdiction)등에 관하여 복잡 다양한 문제점들을 야기하게 된다. 전자상거래 계약상에서 청약의 기준에 관해서는 매도인의 행위를 청약으로 보는 것이 다수설이다. 따라서 매수인이 선돼한 상품에 대하여 구입의사를 표시, 즉 승낙하면 바로 전자상거래 계약이 성립한다고 할 수 있다. 그리고 인터넷을 이용한 전자상거래의 경우에는 국경을 초월하여 세계의 모든 소비자들을 그 대상으로 함으로써 준거법의 문제와 재판관할권의 문제가 상당히 중요한 문제로 부각되고 있는 바, 준거법의 결정은 일반적으로 당사자의 자유로운 의사에 따라 결정된다. 재판관할권에 대해서는 재판관할에 대한 합의가 있는 경우에 우려 나라는 이를 유효한 것으로 인정하고 있으나, 일반 소비자들을 대상으로 하고 있는 전자상거래의 특성을 고려할 때 이는 다소 무리가 따른다고 생각된다. 또한 재판관할에 대한 합의가 없는 경우에는 피고의 주소지국이 재판관할권을 부여받는바, 격지자간의 소액거래에서는 그 실익을 기대할 수 없는 것이 현실이다.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.250-257
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• 2011

3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

• The Journal of Korean Association of Computer Education
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• v.6 no.1
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• pp.121-130
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• 2003

As legal and technological actions to prevent and treat addiction to the Internet have reached their limit, the importance of educational methods as alternative measures is being recognized. The present study was attempted to propose the application of a cyber mock trial system as an educational method to prevent addiction to the Internet and to promote information communication ethics. The mock trial system was designed and implemented so that both open trials and closed trials could be held, and the process and results of trials could be discussed. To verify the effectiveness of learning method of cyber mock trial in preventing and treating addiction to the Internet, this study conducted and analyzed questionnaire survey about juveniles' class preparation, class participation, interest in classes, and the effects of classes.

• International Commerce and Information Review
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• v.2 no.2
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• pp.1-18
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• 2000

최근 인터넷 등의 네트워크의 발달과 확산 보급은 가상공간(Cyber Space)이라는 특수한 공간을 창출하면서 이를 기반으로 한 전자상거래는 국내와 국외를 막론하고 급격히 증가하고 있으며, 이에 따른 분쟁의 발생가능성도 확대되고 있다. 이와 관련된 여러 가지 법적 쟁점 가운데 분쟁해결의 절차적 문제로서 재판관할을 어떻게 결정할 것인가가 문제된다. 이와 관련 기존의 국제상거래의 국제재판관할의 법리가 인터넷을 통한 전자상거래와 관련된 경우 어떻게 적용되는지에 대한 기본적 의문이 발생한다. 본고에서는 국제상거래의 국제 재판관할에 관한 기왕의 논의를 간략히 검토하고 특히 전자상거래를 중심으로 하여 인터넷이 관련되는 경우 어떻게 적용가능한지를 검토하고자 한다.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.129-148
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• 2008

국제거래에서 분쟁이 소송으로 발전될 경우 당해 사안에 적용될 준거법의 결정문제와 어느 나라의 법원에서 재판을 받을 것인가에 대한 국제재판관할권의 문제가 빈번히 대두되고 있다. 소송을 제기하는 당사자들로서는 자신에게 유리한 재판결과를 얻을 수 있는 법이 준거법으로 선택될 가능성이 있는 국가의 법원에 소송을 제기하는 소위 '포럼 쇼핑 (forum shopping)' 전략을 세우기도 한다. 이러한 포럼 쇼핑에 대응하기 위해 영미 판례법인 common law에서는 오래 전부터 forum non conveniens를 확립하였다. 본 논문에서는 forum non conveniens를 심리한 미국 대법원의 판단기준을 살펴보면 먼저, 적절한 대체관할지의 존재여부이며, 둘째 사적이익 부분에서 자국민이 현저하기 불리한 위치에 처하는지를 확인하고, 셋째 공적이익 부분에서 미국의 이익이 심각하게 침해되지는 않는지를 검토하여 판단하게 된다. 이러한 법리적 판단근거를 제시하고 이에 대한 적용사례를 분석하여 향후 무역거래를 포함한 일련의 국제계약에 있어 분쟁시 국내기업들이 미국법정에 재판받지 않고 국내법원으로 재판관할지를 선택할 수 있는 전략을 제시함으로써 패소가능성 등의 계약위험을 줄일 수 있을 것으로 판단된다.

• Korean Association of Arts Management
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• no.59
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• pp.101-141
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• 2021

Recently the concerns on online ticket resale have been globally soared. Numerous countries have dealt with problems about online ticket tout and resale platforms in various ways in spite of differences of scope and method on restrictions. However, in contrast with the worldwide concerns and actions, Korea has been relatively slow to take any action against regulating online ticket resale issues, and any legislation has not been made. At the end of 2020, a revised Performance Act was passed and enforced from June, 2021. With the enforcement of the bill, this study aims to provide an exploratory analysis to present current situation related to online secondary ticket resale policy in Korea. It examined how US and England have coped with legislation for online ticket resale. And then it attempted to illuminate the current situation of legislation and restrictions on online secondary ticket market in Korea and examined the effectiveness of the revised Act. Finally, this study suggested that there should be prompt consideration and actions to carry out related policies for establishing stable market ecosystem and providing fair opportunities to consumers.

• The Korean Journal of Archival Studies
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• no.43
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• pp.103-145
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• 2015

This study is intended to examine the present condition and management of Korean civil litigation between 1895 and 1905, during which the traditional korean legal system had undergone a significant reform until it was finally incorporated into the Japanese colonial counterpart. Civil litigation is important in historical archiving, in that we can understand archiving over time, the governing structure and our national identity. However at times we are not able to use them practically. The ultimate goal of preserving and maintaining the archives is to use them practically. The effective use of archives should be supported by their systematic management and access to a high standard. Therefore, the second main theme of this study is to propose to unveil civil litigation to the public for professional studies. Firstly, we should make a list of civil judgments from a management perspective. Secondly, we should inform people of the civil justice rulings through publicity activities such as contents creation, exhibition, documentary creation, education and so on. Thirdly, the historical archives of the civil litigations should be preserved apart form records. Fourthly, I should propose that we offer curriculum about interpreting and understanding history archives for strengthening of our expertise. Civil judgment of Guhanmal-Japanese is invaluable as it explains the history of our culture. Results of Conservation and utilization will be a valuable resource and invaluable to study.

• International Commerce and Information Review
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• v.13 no.3
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• pp.3-29
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• 2011

The Internet has become a medium through which people engage in increasingly sophisticated transactions. Businesses and consumers now use the Internet to communicate and engage in commercial transactions creating a virtual worldwide marketplace. They fear that the determination of Internet jurisdiction could be uncertain because electronic commerce is not executed in one particular place. Until now, there are no specific rules in the model laws and conventions dealing with international jurisdiction in electronic commerce. Due to the fact that U.S. companies are at the forefront of Internet technology, litigation regarding electronic commerce in the U.S. is more advanced than anywhere else in the world This paper analysis the basic framework for personal jurisdiction and approach for determining international jurisdiction in electronic commerce cases and explain the differences of several approaches involving interactions over the Internet. According to jurisdiction approach test, the U.S. employs sliding scale, effects and targeting test in electronic commerce. In recent many research views the targeting test as a global standard for determining international electronic commerce jurisdiction. However, there is still no clear indication of conclusive test of jurisdiction determination for electronic commerce. Therefore, it is a changing and process of jurisdiction test in the U.S. cases. In Korea, there is jurisdiction related clause in Private International Law, but it may be asked whether applicable in electronic commerce. Accordingly, analysis of the precedents changing related to electronic commerce jurisdiction of U.s. is full of suggestions in Korean companies, consumers and helps an enactment of code of civil procedure that containing many group's demands.

• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Korean Society of Archives and Records Management
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• v.10 no.1
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• pp.31-53
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• 2010

This paper historically examines how the management system of administrative records and court records generated in court were established, and what it's features are. Because the court exercises jurisdictional rights such as confirming the legal rights and responsibilities of Korean nationals, the court records have a unique characteristic compared to general administrative records. In particular, court records are not composed only of rulings generated in courts, but also of various records such as civil case records and criminal case records. In order to understand the legal records management system, we must first identify the method of preservation and management after these records, which have different provenance, pass the court procedures.