• Journal of Arbitration Studies
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• v.21 no.1
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• pp.215-237
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• 2011

There are more than two hundred arbitral institutions in China. Some of them are active in the development of online arbitration system, such as CIETAC and Guangzhou Arbitration Commission(GAC). GAC, founded in 1995, is the second largest arbitral institution in China which accepts more than 4,000 cases a year. With extensive experiences in arbitration, GAC has conducted online arbitration procedures since 2007. Moreover it opened the whole process of online hearing to the public through the Internet. With this background, this article aims to support the development of online arbitration through the analysis of GAC practices. To meet the purpose, status quo, rules and procedure of online arbitration of GAC are outlined, followed by introducing nine cases conducted by GAC. The scope of GAC online arbitration is comparatively narrow and the institution is still under the government supervision. But the practices of GAC proved that online arbitration is fully admissible and effective under the current legal framework.

• Journal of Information Technology Services
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• v.22 no.5
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• pp.109-124
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• 2023

This study aims to apply the concept of regulatory stringency to the regulatory sandbox with a fresh perspective. The regulatory sandbox is a system that gives opportunities under certain conditions to new technologies or businesses that have not been launched due to inadequacy or insufficiency in legal systems. Previous research on regulatory sandboxes has mainly focused on discussions about their impact on specific technologies or business domains. This study attention to the results according to the evaluations. Among them, whether special cases for demonstration can evolve into official permission has garnered significant attention. For this study, among the cases that passed the regulatory sandbox evaluation from February, 2019, to December, 2022, 162 cases in the field of ICT convergence were selected. The evaluation results were classified into three groups 'positive interpretation (Fast Track)', 'temporary permission', and 'special case for demonstration.' Each case was assigned to one of the three groups. Through the comparative analysis, the common characteristics and differences were summarized. Then, this study explored improvement measures to pass a less restrictive regulatory sandbox. The analysis of the cases revealed that the differences in each evaluation result were attributed to variations in the technological characteristics and user protection features. Considering these differences, as well as the higher weight and importance of the preparation stage for sandbox application, this study suggested a three-step approach to prepare for temporary permission and positive interpretation rather than special case for demonstration. In addition, this thesis discussed the policy limitations of the regulatory sandbox mechanism in South Korea and the limitations of the current study. Hopefully, the results of this study would be beneficial to individuals and companies, particularly venture companies and startups seeking to develop new technologies or businesses and utilize regulatory sandboxes.

• Korean journal of communication and information
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• v.55
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• pp.5-32
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• 2011

This paper is a comparative analysis of constitutional decisions in which the Korea Consitutional Court and the United States Supreme Court applied the void for vagueness doctrine into free expression issues. Common aspects are: both courts applied the void for vagueness doctrine on the grounds that vague laws bring chilling effect on freedom of expression. Acknowledging inevitable uncertainties in lawmaking and legal jargons, however, both courts required minimum standards in the void for vagueness doctrine. In the cases where unclear legal meanings resulted in constitutional challenges, both courts adopted the "narrowing construction" by the courts or judges based on average/ordinary person's understanding. The biggest differences between the two constitutional courts are their approach to the degrees of vagueness allowed in free expression cases. The U.S. Supreme Court underscored the necessity of narrowly drawn, reasonable and definite standards. Meanwhile, the Korea Constitutional Court relaxed its standards in some cases such as the National Security Law cases, even though it admitted the possibility of curtailing the right to free expression. The Court reasoned that those laws, though vague, brought with bigger social interests and are necessary tools in dealing with changing world.

• The Journal of the Convergence on Culture Technology
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• v.8 no.3
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• pp.191-201
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• 2022

In this study, we are going to derive problems for fire and safety management in multiple-user Buildings and suggest improvement measures to prevent recurrence through analysis of legal operation status for safety management of multiple-user Buildings and case studies of large-scale fires in multiple-user Buildings. For this study, first, the current state of the industry and fire occurrence status were investigated through theoretical considerations of the multi-use industry, and then the previous research on the multi-use industry was analyzed. and by analyzing the legal and institutional status of multiple-user Buildings, problems were derived through cases such as the Jecheon fire in Chungcheongbuk-do, the Inhyeon-dong fire in Incheon, and the Songpa-gu fire in Seoul. As a result, first, the necessity of strengthening the initial fire response capability. Second, thorough maintenance and management of emergency exits. Third, the need for rational regulation of upholstery. Fourth, reinforcement of fire safety education and training. Fifth, strengthening of installation standards for firefighting and safety facilities. Sixth, we derive the result that it is necessary to raise awareness about safety management, compare and analyze it with legal and institutional contents, and suggest solutions accordingly. When looking at the causes of fires in multi-use buildings, building owners, business owners, and employees think that there is no possibility of a fire occurring in their business premises, so there is a lack of awareness. It is necessary to raise awareness through education and publicity of firefighters and related administrative agencies.

• The Korean Journal of Pain
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• v.23 no.1
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• pp.28-34
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• 2010

Background: An independent medical examination (IME) is a critical process for awarding reparation for injury. However, conducting an IME in pain medicine is very difficult, not only because pain is a subjective symptom, but also because there are no proper objective methods to demonstrate it. This study was conducted to compare IME reports and the court decisions on the disability status of the patients. Methods: We analyzed 79 IME reports and 25 corresponding court decisions on the disability status of patients. The diagnoses, causal relationships between the patients' status and the trauma, McBride's degree of disability, the American Medical Association's impairment ratings, the estimated annual cost for future treatment, and the necessity of care-giving were compared and analyzed. Results: The diagnoses in the 79 cases were complex regional pain syndrome (CRPS) type I (58 cases), CRPS type II (7 cases), peripheral neuropathy (5 cases), myofascial pain syndrome (4 cases), herniated intervertebral disc (2 cases), and fibromyalgia (1 case). The types of accidents were road traffic accidents (50 cases), military injuries (14 cases), industrial accidents (11 cases), and others (4 cases). The IME reports and the court decisions stated considerably different McBride's degrees of disability (P = 0.014). However, there was no significant difference in the estimated cost for future treatment between the IME reports and the court decisions (P = 0.912). Conclusions: IME reports should be accurate, fair, and based on objective findings. Feedback on IMEs from the court decisions is helpful for reference use.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.384-392
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• 2013

Objective: This study inspected incident cases, legal control levels, and GHS(Globally Harmonized System of Classification and Labeling of Chemicals) classification results of strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid, which have been responsible for many recent chemical accidents. As a result, it is deemed necessary for legal control levels of these strong acids to be revised and GHS classification be managed nation-wide. Methods: This study inspected incident cases and legal control levels for strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid. The study analyzed and compared chemical information status and GHS classification results. Results: There were 76 domestic incidents involving strongly acidic hazardous materials over the five years between 2007 and 2011. They include 37 leakage incidents(46.7%) within a workplace, 30 leakage incidents(39.5%) during transportation, and nine leakage incidents(13.8%) following an explosion. The strongly acidic materials in question are defined and controlled as toxic chemicals according to the classes of Substances Requiring Preparation for Accidents, Managed Hazardous Substance, Hazardous Chemical(corrosive) as set forth under the Enforcement Decree of the Toxic Chemicals Control Act and Rules on Occupational Safety and Health Standards of Occupational Safety and Health Act. Among them, nitric acid is solely controlled as a class 6 hazardous material, oxidizing liquid, under the Hazardous Chemicals Control Act. The classification results of the EU ECHA(European Chemicals Agency) CLP(Commission Regulation(EC) No. 790/2009 of 10 August 2009, for the purposes of its adaptation to technical and scientific progress, Regulation(EC) No 1272/2008 of the European Parliament and of the Council on classification, labeling and packaging of substances and mixtures) and NIER (National Institute of Environmental Research) are almost identical for the three chemicals, with the exception of sulfuric acid. Much of the classification information of NITE (National Institute of Technology and Evaluation) and KOSHA(Korea Occupational Safety and Health Agency, KOSHA) is the same. NIER provides 12(41.4%) out of 29 classifications, as does KOSHA.

• Journal of Fisheries and Marine Sciences Education
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• v.15 no.1
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• pp.81-100
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• 2003

It is undeniable that IUU Fishing are threatening so many legal fishermen' economic livelihood, negatively impact on conservation and protection of the fishery stock and ecosystem itself. Especially, negative impact of IUU Fishing resulted from the increasing fishery activities on the high seas. The Korea case of Coastal and Off-shore Fisheries, difficulties in conserving and controlling the fishery stock was brought about. Simultaneously, it is the fact that there are so many damage such as the reduction of fish Stock management program's effect, dissatisfaction of legal fishermen, over-exploiting of fish stock. Related with this kind of problem, FAO had adopted "International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(2001)". From this reason, Korea also needs to make actual efforts to prevent IUU Fishing. i.e. each nation should develop Korea action plan by Feb. 2004 and impliment it, report on implementation toward FAO. This Paper will review the definition of the IUU stipulated by "International Plan of Action on Illegal, Unreported and Unregulated Fishing" and study Korea cases of the IUU fishing. Finally, the analysis of Korea's implementation will be done, centering around the contents stated on the International Action Plan. The significance of this paper is to grope the political countermeasures against international movement of the IUU fishing prevention.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.53-76
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• 2017

Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2017.11a
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• pp.67-68
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• 2017

In the case of korea, it was enforced the performance based design in 2011 for fire safety to the construction that is hard to safety secure by code based design. However as a result of domestic performance design case analysis, as it conducts that the standard is insufficient, most of cases show that they use the method of adding facilities by strengthening legal standards. Therefore on this study, it conducts the analysis of Performance based design seminar data that it was done by SFPE and each countries Performance based design guidelines. Also based on this, it will use the basic data for developing the domestic performance based design guideline.

• The Journal of Economics, Marketing and Management
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• v.10 no.6
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• pp.17-26
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• 2022

Purpose: This study analyzes advanced cases of overseas smart cities and examines policy implications related to the creation of smart cities in Korea. Research design, data, and methodology: Analysis standards were established through the analysis of best practices. Analysis criteria include Technology, Privacy, Security, and Governance. Results: In terms of technology, U-City construction experience and communication infrastructure are strengths. Korea's ICT technology is inferior to major countries. On the other hand, mobile communication, IoT, Internet, and public data are at the highest level. The privacy section created six principles: legality, purpose limitation, transparency, safety, control, and accountability. Security issues enable urban crime, disaster and catastrophe prediction and security through the establishment of an integrated platform. Governance issues are handled by the Smart Special Committee, which serves as policy advisory to the central government for legal system, standardization, and external cooperation in the district. Conclusions: Private technology improvement and participation are necessary for privacy and urban security. Citizens should participate in smart city governance.