• 제목/요약/키워드: Amendment of the law

검색결과 244건 처리시간 0.026초

2016년 개정 중재법의 주요내용 (Important Issues of the 2016 Revision of the Korean Arbitration Act)

  • 이호원
    • 한국중재학회지:중재연구
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    • 제30권1호
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    • pp.3-37
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    • 2020
  • The Korean Arbitration Act (KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration. Korea is trying to be an international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. KAA was revised in 2016 again in order to reflect the criticisms against the previous KAA, changes in the arbitration environment, and the 2006 amendment to the UNCITRAL Model Law. The basic direction of the revision was to maintain the UNCITRAL Model Law system and to deal with the national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitral tribunals, recognition/enforcement of arbitral awards, and their annulment. This paper aims to introduce the important issues of the 2016 revision of KAA, to offer important information discussed in the process of revision, and thus to help those concerned in the interpretation and implementation of KAA. The 2016 revision of KAA is expected to help greatly in promoting not only the national arbitration, but also the international arbitration in Korea.

중국의 중재판정 취소제도 (The Annulment Procedure of Arbitral Awards in China)

  • 최송자
    • 한국중재학회지:중재연구
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    • 제25권2호
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    • pp.97-118
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    • 2015
  • As China has quickly emerged as a global economic power, the total number of international commercial disputes arbitrated by Chinese arbitral institutions has increased dramatically. Along with this, the annulment procedure of arbitral awards in China have been newly brought to the fore. In accordance with the historical background and the demand of the times, the Chinese annulment procedure of arbitral awards reveals distinctive Chinese features. Although it was enacted in the face ofof an unwarranted prejudice against the dispute settlement system by arbitration as well as a deep mistrust of domestic arbitral institutions, the annulment procedure of arbitral awards showed a certain degree of justification and rationality in its initial stages of legislation. However, it is also the case that it has not adapted well to new domestic or foreign arbitration circumstances in the last twenty years. At present, there is a keen interest in revisions to and debates on arbitration law of China. It is necessary to take an active part in the amendment discussion and process of arbitration law. Moreover, we need to reform the annulment procedure of arbitral awards in order to meet the global trend of arbitration law.

요양병원의 피난안전에 관한 연구 (A Study on Evacuation Safety of a Long-term Care Hospital)

  • 박경진
    • 한국산업융합학회 논문집
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    • 제26권3호
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    • pp.389-393
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    • 2023
  • In this study, We analyzed that evacuation characteristics of residents, fire safety standards, evacuation facilities and flame retardation, etc to increase the evacuation safety of a long-term care hospital. Therefore, In order to improve of evacuation safety in case of fire, We proposed that an increase in the number of care workers, education, training and an amendment to the law, a change of positions of fire safety controller.

Abuse of Process and Regulation in Commercial Arbitration - A Chinese Perspective

  • Dong, Arthur X.
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.91-111
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    • 2015
  • This paper discusses the problem of extraordinary delay in the commercial arbitration process, increased arbitration fees, and denial of the benefits of arbitration to other parties due to the abuse of procedural rights by relevant parties in commercial arbitration process. This paper proposes measures to reduce abuse of process in commercial arbitration, such as statutory modification, judicial supervision, amendment of arbitration rules and the intervention of disciplinary bodies.

아파트단지 내의 상가공급 재고에 관한 연구 (A Study on Store Space Supply in Apartment Sites)

  • 김한수
    • 한국주거학회논문집
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    • 제11권4호
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    • pp.53-63
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    • 2000
  • The study focuses on the problems of store space supply in apartment sites and suggests policy directions for the problem. Based on the results of field survey and site reconnaissance, this study identifies following problems and policy directions. First, the stores do not meet consumers various demand due to item limitations with small size. Consequently, there are many closed and/or unsold stores with high vacancy rates, Second, there is a tendency that the closed store rate becomes higher as apartment size becomes smaller. We suggest some law and regulation amendment that make store supply optional rather than mandatory in the case of small apartment site construction.

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게임 법률의 제·개정을 통해 본 게임정책이 지향하는 의미 탐구 (A study on the meaning of game policy through the amendment of game law)

  • 김민규
    • 문화경제연구
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    • 제21권2호
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    • pp.53-88
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    • 2018
  • 문화산업 중에서도 게임산업은 경제적 가치가 가장 높은 산업이다. 게임정책이 추진되고, 정책이 반영된 게임 관련 법률이 제정된 지도 약 20년이 되었다. 법률이 정책의 실현에 대한 의지적 표현이라고 한다면 게임 관련 법률의 제 개정을 통해 게임정책의 지향하는 의미를 파악할 수 있다. 1999년 제정된 <음반 비디오물 및 게임물에 관한 법률>과 이어서 2006년에 제정된 <게임산업진흥에 관한 법률>은 많은 개정 과정을 거치면서 게임에 대해 규율하고 있다. 본 논문은 근 20년 간의 게임정책의 핵심 아젠다(등급분류, 게임역기능, 사행성, 산업성장)가 게임 법률의 제 개정에서 구체화되는 내용을 분석하고, 이를 통해 한국 게임정책이 지향하는 방향과 그 의미를 파악하고자 한다. 게임 법률의 개정을 통해 보여지는 게임정책이 지향하는 의미는 게임물의 사행화를 규제함으로써 게임물을 보호하고, 사행성 근절과 게임역기능 예방으로 게임이용자를 보호하는 것이다. 또한 법정등급제라는 한계가 있지만 자율등급제로의 전환으로 이용자의 선택권과 생산자의 자율권을 확대하고, 이를 기반으로 지속적인 산업성장의 환경을 조성하는 것이다. 향후 게임정책은 게임만의 영역을 넘어 사회 제영역과의 협력을 고려해야 한다. 한편 산업구조의 양극화, 공정한 환경, 고용환경 등 새로운 아젠다에 대한 대응을 필요로 한다.

A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • International Commerce and Information Review
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    • 제2권1호
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    • pp.49-68
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • 통상정보연구
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    • 제11권2호
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    • pp.281-300
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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The Role of Electronic Trade Specialized Service Provider under Global Trade Environment

  • Lee, Bong Soo
    • 무역상무연구
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    • 제60권
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    • pp.235-255
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    • 2013
  • This thesis examines the problems faced in the electronic trade specialized service provider for which improvements are necessary, and suggests various ways of overcoming those problems. First, from the legal aspect, it is necessary to clarify the scope of duties as well as to expand the threshold for entrance and business areas through the amendment of related laws. Second, from the operating aspect, the e-trade specialized service provider should be able to provide convenient work spaces through user-centered interface by connecting, integrating, automating and simplifying various services scattered around through the establishment of an operating system. Third, from the institutional aspect, trade firms should be able to perform e-trade duties without difficulties by specializing and increasing the size of the e-trade specialized service provider system and strengthening job competence. For this, it is required to improve legal registration requirements to enhance the reliability of the e-trade specialized service provider system and secure its financial capacity.

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운항관리사 피로관리 법령 시행에 따른 대응 방안 고찰 (A Study on the Countermeasures of the Enforcement of Fatigue Management Act of Flight Dispatcher)

  • 배인석;백호종;박장훈
    • 한국항공운항학회지
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    • 제30권4호
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    • pp.92-97
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    • 2022
  • In the Aviation Safety Act, the part about fatigue management of Flight dispatcher was added as an amended law. Prior to the amendment of the Act, the regulations on fatigue of flight dispatcher governed by the FOM approved and reported by airlines according to the Ministry of Land, Infrastructure and Transport, but were enforced by law from June 9, 2021. In this study, the scope and work type of flight dispatchers are checked, and unlike flight attendants, it is intended to consider legal working hour management measures for flight dispatchers according to the enforcement of the fatigue management act.