• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• 한국산학기술학회논문지
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• 제18권3호
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• pp.277-283
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• 2017

최근 환태평양 조산대를 중심으로 일본 및 동남아, 중국 지역 등에서 지진 및 화산활동이 상당히 활발하게 발생하고 있으며, 발생 주기간격도 짧아지고 있다. 또한, 국내에도 활동 중인 대형화산인 백두산이 있으나 현재 존재하고 있는 화산재해 관련된 법규체계 및 지침 등은 화산재난에 대하여 대처하는데 있어 대응내용이 매우 부족한 실정이며, 대형 화산폭발 매뉴얼 역시 화산재해에 대한 대응방안이 구체적으로 제시되지 않고 있다. 현재 지속적으로 발생되고 있는 일본과 중국의 화산활동과 분화조짐이 점점 확실해져가는 백두산의 분화에 대하여 체계적인 방재대책을 수립하여 대비가 필요하다. 따라서, 본 연구에서는 기존 화산재해 관련 항공안전 매뉴얼 및 관련된 법규 체계를 분석하여 화산재해에 능동적으로 대처할 수 있도록 관련 법규 및 규정 등에 대한 개선안을 제시하고자 한다. 연구의 결과는 화산재해 발생 시 항공교통분야와 관련된 법규체계의 정리를 통해 현행 법규제도의 문제점을 개선하고, 보다 효율적인 매뉴얼 및 지침의 작성으로 재난현장에서 매뉴얼이 원활히 작동하여 제 기능을 발휘하는데 바탕이 되게 할 것으로 기대된다

• 한국중재학회지:중재연구
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• 제21권1호
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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.

• 통상정보연구
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• 제10권1호
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• pp.375-393
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• 2008

The purpose of this study is to investigate the Chinese investment environment and analyze the actual investment condition of Korean enterprises in China and examine the points at issue. In general, the investment environment in China shows satisfactory progress. China has a multiple and regional extension policy in investment. And the environment for investment changes to insufficiency of company profit, extension of service market, maintenance of legislative system, and insufficiency of preference about foreign company. There are situations of inclining to manufacturing, inclining of region, preference of independence investment, small-sized investment by small and medium enterprises, difficulty of financial assistance, excess of logistic cost, delay of logistic term, difficulty of settlement of legal dispute and difficulty of taking a relative information in investment of Korean enterprise in China. The results of the study indicate mostly that the investment of Korean enterprise into China needs turnover of service trade-tertiary industry, portfolio of investment territory, cooperation with Chinese enterprise through joint venture investment and a large-scale investment for extension of Chinese domestic market.

• Ocean and Polar Research
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• 제30권1호
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• pp.89-107
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• 2008

Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.

• 무역학회지
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• 제41권1호
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• pp.21-39
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• 2016

본 연구는 중국에서 점점 이슈가 되고 있는 병행수입 시스템의 법적 문제를 분석하였다. 현재 중국에는 병행수입에 대한 법률이 없으므로 중국 법원은 병행수입 사건을 판결할 때 원고의 소송 청구에 따라서 「전리법(專利法)」, 「상표법(商標法)」, 「반부정당경쟁법(反不正當競爭法)」 등 여러 법률에 의해서 다르게 판결하고 있다. 따라서 동일한 사례임에도 불구하고 법관과 적용 법률에 따라서 다른 결론이 나고 있다는 것이 문제로 지적된다. 본 연구에서는 병행수입의 개념과 이론적 근거를 살펴보고, 중국의 대표적인 3개 사례를 통해서 중국법원이 병행수입 판결에 대한 시사점을 파악하고, 입법 필요성을 제시하였다.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.263-290
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• 2004

Dispute plays a key role in maintaining the desirable performance of trade transaction. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of chinese dispute resolution system is a necessary requirement for successful business operation with chinese companies. This article analyzed and compared with the ways of trade disputes settlement system such as negotiation, mediation, arbitration and litigation in China in order to help the Korean traders who enter into business with the chinese companies to settle their disputes efficiently. This article suggests that two methods of negotiation and mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies because of problems of enforcement of arbitral award and the uncertainty of China's legal system.

• 한국IT서비스학회지
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• 제22권6호
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• pp.1-15
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• 2023

This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

• 항공우주정책ㆍ법학회지
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• 제27권2호
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• pp.193-209
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• 2012

China's airline industry is experiencing a booming development as one hand, on the other hand the incidents involving unruly behaviour on board aircraft also becomes a growing concern for the whole industry. The thesis examines the basic issues concerning the unruly behaviour, such as definition of unruly behaviour, the impact and root causes of unruly behaviour. Then it focuses on the China's legal sources governing the problem of unruly behaviour. Generally speaking, China's legislation with this respect is systematic and self-contained, except some minor shortcomings which need to be revised. Finally the thesis holds the view that the preventative measures jointly contributed by all the parties concerned are something more important than the legislation itself.

• 한국중재학회지:중재연구
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• 제18권3호
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• pp.117-138
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• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.