• Title/Summary/Keyword: Amendment of the law

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Documents to Produce for the Recognition and Enforcement of Arbitral Awards (중재판정의 승인.집행을 위하여 제출할 서류)

  • Lee, Ho-Won
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.141-164
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    • 2013
  • The current Korean Arbitration Act (KAA) ${\S}37(2)$ requires that a formal copy of an arbitral award or a duly certified copy thereof and the original arbitration agreement or a duly certified copy thereof be produced for the recognition and enforcement of a arbitral award. But as the KAA provides that the recognition and enforcement of a foreign arbitral award to which the New York Convention applies shall be granted in accordance with the Convention, the duly authenticated original award should be produced instead of a formal copy in that case. The provision on the documents to produce for the recognition and enforcement of an arbitral award is set to establish a reasonable and transparent standard and to facilitate the recognition and enforcement of awards by prohibiting parochial refusal of the recognition and enforcement on the grounds of formalities. Therefore it is necessary to simplify those documents according to the internationally acknowledged standard. It would be desirable to amend KAA ${\S}37(2)$ to require only "the original arbitral award or a copy thereof" without authentication or certification and a translation into Korean without any condition, adopting the 2006 amendment to the UNCITRAL Model Law on International Commercial Arbitration.

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Who Would Amend the Procedural Rules in the Legislature, and Why? An Analysis of Legislators' motivations to Propose Amendments of the National Assembly Law in the 19th Korean National Assembly (누가, 왜 국회법을 개정하려 하는가? 제19대 국회 국회법 개정안 발의 분석)

  • Koo, Bonsang;Park, Wonho
    • Korean Journal of Legislative Studies
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    • v.24 no.2
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    • pp.67-99
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    • 2018
  • This study analyzes the revision bills of the National Assembly Law in the 19th National Assembly in which the National Assembly Advancement Act was enacted, with the question "who are involved in the revision of the procedural rules, and what motivates them?" The cosponsor network analysis focusing on primary sponsors of the revision bills shows that the network was constructed by party affiliations. A small number of members with high degree centrality attempted to cooperate with each other at the cosponsoring stage, but the legislation did not pass through the related committee. In addition, this study tests the four competitive hypotheses (the committee hypothesis, the distributive politics hypothesis, the ideological distance hypothesis, and the partisan affiliation hypothesis) about the motivation to propose amendments by using the regression models which include newly measured variables. Only the committee hypothesis and the partisan affiliation hypothesis are empirically supported. This implies that partisan consideration is still significant in amending the National Assembly Law even after the National Assembly Advancement Act, and thus party leaders' willingness to seek bipartisan compromises is at the heart of problem-solving.

A Proposal for amendment of the Financial Intelligence Unit Law (『특정금융정보(FIU)법』의 개정을 위한 제언)

  • Lee, Dae Sung;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.15 no.5
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    • pp.71-76
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    • 2015
  • Financial Intelligence Unit Law doesn't include investigation on important cases that could influence the security and existence of the nation that are the core jobs of national intelligence agency. So the agency has a difficulty to investigate the international crime of North Korea and other security incidents. It is also difficult to catch an international crime organization working in Korea. It also produces problems such as difficulty in investigating the illegal leak of strategic materials and investigating people related to illegal funding to international terrorism. So it is urgently needed to revise Financial Intelligence Law as soon as possible. Foreign intelligence agencies use the information of financial intelligence unit in many different ways. National Security Agency of China and Australian Security Intelligence Organization freely use the information of financial intelligence unit based on their own laws and systems. Central Intelligence Agency and Federal Bureau of Investigation of USA and Secret Intelligence Service and Security Service of Britain request financial intelligence units to supply them with the information of financial intelligence unit. But the national intelligence agency of Korea isn't able to approach to FIU and can't share the FIU information with foreign intelligence agencies. To solve the problem, they should revise Financial Intelligence Unit Law so that national intelligence agency can receive or request information from Korean Financial Intelligence Unit.

A Study on Propose of Maritime Audit Personnel Education & Training System (기술논문 - 해상교통안전진단인력 교육훈련 방안 제안)

  • Jang, Woon-Jae;Cho, Ik-Soon;Jeong, Jae-Yong;Kim, Chel-Seung;Park, Young-Soo
    • Journal of Korea Ship Safrty Technology Authority
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    • s.32
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    • pp.57-71
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    • 2012
  • Recently, the navigation risk is increasing significantly with growing of vessels' volume and propelling marine facilities, water bridges and port development etc. At this point of time, the Ministry of Land, Transport, and Maritime Affairs introduced the Maritime Safety Audit(MSA) in amendment of the Korea Marine Traffic Law. audit results were survey for the last two years. As a result, appropriate certificate appears 11% among audit report, is an urgent need for improved quality of audit reports. This study is aimed to propose about Audit Personnel Education & Training System. To these solve, this paper analyzed the tendency of Audit Personnel Training. And also the opinions of user and experts were investigated and analyzed using Questionnaire survey methods. As a result, this paper was suggested, the construction of Audit Personnel Training System and the curriculum and training contents for 5-days of basic course, 2-days of expert course, 3-days of Qualification Maintain course.

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A Study on the Digital Television Loudness Analysis before and after Introducing the Digital Television Loudness Legislation (음량 기술기준 도입 전후의 디지털 텔레비전 방송 음량분석)

  • Lee, Sang Woon
    • Journal of Broadcast Engineering
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    • v.22 no.1
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    • pp.128-135
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    • 2017
  • In this paper, the changes of broadcasting loudness before and after are measured for the major broadcasting channels according to the amendment of broadcasting law and enforcement of digital television broadcasting loudness technology standards. Before the implementation of digital television broadcasting loudness technology standards. all the channels to be measured were broadcast at a higher volume level than the technical standards. However, after the implementation, most of the channels to be measured were maintained at a loudness level suitable for the technical standards. However, some programs are inadequate to meet technical standards, requiring corrective action, and the need for additional research to improve the measurement method.

A Study on Using 'Population of Legal Service Area' as a Criterion for Evaluating Public Libraries in Korea (우리 나라 공공도서관 평가의 적실성 제고를 위한 연구 - 봉사대상인구 적용문제를 중심으로 -)

  • Lee, Yong-Nam
    • Journal of the Korean Society for Library and Information Science
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    • v.34 no.2
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    • pp.5-20
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    • 2000
  • This study is to analyze the results of which the Ministry of Culture and Tourism had evaluated the public libraries in 1999. In results, the study finds that the use of "population of legal service area" as a criterion for evaluating public libraries is not quite appropriate. That is, it is found that the use of legal service area by law as a unit of population measurement is not only inconsistent with the current local autonomous administrative structure, but also may distort all evaluation results. Therefore, this study is to criticize several points about using population of legal service area as an evaluation criterion and to suggest the amendment of Library and Reading Promotion Act, which may make the evaluation of public libraries more proper.

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Exploring the Allotment Gardens and Its Implication - Case Study on Kleingarten in German, Dacha in Russia and Civic Garden in Japan - (외국 가족농원의 비교 분석을 통한 정책적 시사점 - 일본, 독일, 러시아 사례를 중심으로 -)

  • Park, Duk-Byeong;Lee, Sang-Duk;Lee, Hye-Hyun;Lee, Min-Soo;Jang, Myun-Ju
    • Journal of Korean Society of Rural Planning
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    • v.12 no.2 s.31
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    • pp.75-85
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    • 2006
  • The study aims to explore the situation of allotment garden and its implication from case study on the Kleingarten in German the Dacha in Russia and the Civic Garden in Japan. It has shown that the allotment gardens have gradually been an important for urban people to have recreation and health from agricultural activities. The results suggest that whereas most of kind of allotment gardens in three countries was perspectively enhanced according to their historic and social contexts, the basic rationales initiated were to provide recreation areas for supporting people health and preserving green areas in urban areas. To expand these kind of allotment gardens, we conclude that the establishment and amendment of the related law are needed to activate and enhance the allotment garden in Korea.

Third Party Funding in International Arbitration and its most current Development in Asia -Issue of Security for Costs and its main Cases

  • Kim, Se-Jin;kim, Dae-Jung
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.77-100
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    • 2019
  • Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.

A Study on Legislative Conflict for Se -Jong City (세종시 설치를 위한 입법갈등에 관한 연구)

  • Kim, Yong-Chul
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.71-80
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    • 2014
  • This study focus on the legislative conflict for Se-Jong City In case of this paper, the law of administration agency centered is based on the conflict of legislative conflict present government at that time suggested the amendment of that legal status because of so many inefficiency and negative effects regardless of opponent asserts. Here there were a deep various political interests fundamentally both of sides. Legislative conflict here affects the regional conflict among the benefits and indirect benefits or nothing in any area. As the result, political interest deeply which was connected in politics influenced the big national issues, not to amend as a result government failure will be come.

A Study on the Bylaw Model of Public Libraries in Korea (국내 공공도서관 조례의 통합모형 연구 - 6대 도시 광역자치단체를 중심으로 -)

  • Kweon Kie-Won;Yoon Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.31 no.4
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    • pp.113-137
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    • 1997
  • Bylaw Is essential to assuring continuity and preventing disagreements and misunderstanding. But library bylaws of the wide-area self-governing cities in Korea are complicated In structure and violated the law according to administrative authorities. Therefore, the purpose of this paper is to suggest an integrated bylaw model including goal of bylaw operations of library : the library director officers : branch libraries : substructure, use rules : assigned materials promotion committee of library promotion fund ; amendment procedures, etc.

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