• 무역상무연구
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• 제20권
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• pp.23-62
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• 2003

The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

• 의료법학
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• 제21권2호
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• pp.37-73
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• 2020

우리 법원은 의료과오소송에서 진료상 주의의무 위반의 경우 신체적 법익침해에 따른 재산적·비재산적 손해배상을 인정하고, 설명의무 위반의 경우 신체적 법익침해와 상관없이 자기결정권 침해에 따른 위자료 배상을 인정한다. 이러한 판례의 태도에 대하여 설명의무 위반에 따른 위자료 배상이 진료과오의 책임요건을 회피하는 수단으로 활용되고 있다는 비판이 있다. 이들은 결과적으로 신체침해가 아니라 선택기회 상실에 대해 위자료 배상을 인정하는 우리 판례를 신체침해에 대한 배상으로 일원화할 것을 주장한다. 이에 본 논문에서는 판례가 신체적 법익침해론을 따르는 독일과 우리의 의료과오소송의 차이를 검토하고, 독일에서의 설명의무 위반에 대한 논의를 소개하였다. 그리하여 우리와 독일의 인격적 법익침해론과 신체적 법익침해론, 그리고 설명의무 위반에 따른 손해배상 논의의 차이를 확인하였다. 이를 바탕으로 우리의 판례법리 및 인격적 법익침해론의 입장에서 설명의무 위반에 따른 손해배상책임의 주요쟁점을 검토하였다. 의료행위는 의학적 적응성이 인정되는 한 위법한 신체침습이 아니다. 의료행위에 대한 동의 역시 의료행위의 위법성을 조각시키기 위한 것이 아니다. 의료행위에 대한 환자의 동의는 자기결정권의 실행이고, 환자의 자기결정권은 의사의 설명을 통해 구체화된다. 의사가 설명의무를 위반한 경우, 불설명 혹은 설명부족은 그 자체로 부작위에 위한 위법행위를 구성한다. 그로 인하여 침해되는 법익은 자기결정권이다. 환자는 생명·신체에 대한 이익으로 연결되지 않는 때에도 신체에 대한 주체로 자신의 신체에 행해질 행위에 대해 알고, 스스로 결정할 수 있는 권리가 있다. 이러한 권리가 침해되어 선택의 기회가 상실되었다면, 그 자체로 비재산적 손해상태가 인정되어 위자료를 배상하여야 한다. 따라서 의료행위에 악결과가 없어도, 성공한 의료행위였다고 하더라도, 의사의 설명의무 위반으로 환자의 자기결정권이 침해되었다면 위자료 배상은 인정된다. 자기결정권 침해에 따른 위자료 배상에 의료행위로 인한 악결과는 요구되지 않는다. 한편 설명의무 위반의 경우에도 신체손해에 대한 배상이 부정되는 것은 아니다. 설명의무 위반으로 침해된 법익을 자기결정권이고, 선택기회상실이 통상손해로 인정된다. 그러나 자기결정권 침해로 선택기회가 상실되었고, 의사가 설명하여 환자가 선택기회를 잃지 않았다면 다른 선택을 했을 것임이 분명하고, 다른 선택을 했다면 악결과를 피할 수 있었음을 증명하면 악결과에 대해서도 배상을 받을 수 있다. 다만 이때 신체손해는 자기결정권 침해에 따른 특별손해로 의사의 예견가능성이 문제되는 것이기 때문에 의사가 예견할 수 없었던 불가항력적 손해는 배상의 대상이 되지 않는다.

• 수산경영론집
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• 제33권2호
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• pp.31-48
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• 2002

This paper is aimed to analyze how to evaluate the choice of optimal management measures and level of control in fisheries management under the costly and imperfect management system by comparing with costless and perfect management system that is commonly assumed in the analysis of fisheries regulations. Fishermen would set the level of fishing efforts at the point where the marginal fishing profit for fishing effort is equal to the marginal level of fine under costly and imperfect management system. Therefore, under the case where the marginal fishing profit is higher than the marginal level of fine, the level of fishing efforts would be made at the point which is higher than the level of fishing efforts made under costless and perfect management system and is not a point where the economic profit is maximized in regulated fisheries. From this conclusion, the fishermens avoidance activities against regulations as well as the level of control in fisheries management substantially have an influence on the choice of fisheries management instruments. According to the analysis of optimal fisheries management policy, the economic profits in regulated fisheries are determined by the level of fisheries enforcement costs and total fishing profits, in which as enforcement costs increase the economic profits decrease. In addition, the economic profits vary in response to the level of control in avoidance activities. That is, as avoidance costs decrease, the economic profits increase. The determination of optimal level of control in fisheries management should be made at the point where the marginal regulation costs are equal to the marginal profits from regulated fisheries, in which marginal regulation costs are different according to the type of management measures. And the level of profits changes in response to different levels of avoidance activities. The management measure that can maximize the difference between the marginal regulation costs and marginal profits from regulated fisheries should be chosen as an optimal fisheries management instrument.

• 기술경영경제학회:학술대회논문집
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• 기술경영경제학회 1997년도 제11회 하계학술발표회 논문집
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• pp.307-329
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• 1997

Nowadays the whole World is overwhelmed by the wave of Information Technology. In particular, in this Information & Communication Era such advanced countries as United States, Germany, and France are now launching and preparing Government levels Information Technology Policy and Strategies in order to keep their information initiative and superiority. Ever since 1993 when the US government have been advocating m as well as NPR, the US is concentrating their all energies and efforts on the redeem of their former national competitiveness which was snatched up to Japan, meanwhile also Japanese government, who has announced NEW SOCIETY CAPITAL CONSTRUCTION PROGRAM in 1994 to be completed by 2010, is trying to do their whole national endeavors to enter into the highly enhanced information society. Recently also our Government enacted the LAW of INFORMATION TECHNOLOGY PROMOTE & EXPEDITE in 1995 then sequently in the next year announced its detailed enforcement regulations, targeting at one of the leading countries with highly advanced Information Technology. The concept of Internet which takes the concept of Internet into the inner side of the industries has been, since implemented in 1995, showing really the rapid growth and at the same time it is highlighted onto the next generations Information-network. The merits of Internet, representing as the affordable cost, continuous standardization, various functionalities of multimedia excellent expansibilities, easy interface is the most adequate choice as a newest method for our country that announce to be one of leading countries in the realization of Information Technology and expects immediate effect on the construction of Internet in the level of whole country. In an effort to construct the nations level of Internet by firstly the build-up and connection of each central and each local government level of internet, a few methods for nation levels internet build-up are here studied and described, while in the beginnings stage through both e-mails and internet home pages the nation level of internet can be established in stages. The construction of Internet in the level of the nation is not an issue of simple option but an essential and inevitable choice for the survival in 2000s and as well the jump-up and penetration onto the real advanced country in the New Era.

• 한국중재학회지:중재연구
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• 제14권2호
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• Journal of Nutrition and Health
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• 제29권5호
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• pp.547-558
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• 1996

A rapid increase in urbanization and industrialization brings about a change in economic status which results in considerable changes in lifestyle including food habits and disease and mortality patterns. The purpose of the present study was to investigate recent food habit changes if any, reasons for food habit change, current food consumption patterns, and breakfast practices among urban adults with middle and upper income levels. Three hundred men and women, aged 20-60 years, were randomly selected and interviewed individually by trained interviewers. Among the twenty food groups studied, subjects reported that, compared to two years ago, they are now eating more fast foods, meats, fish, vegetables and fruits, and less rice, noodles, pastries, and salt. The changes in fast foods, fruits, and rice consumption patterns varied significantly between age, sex, income level, and BMI groups. The two most primary reasons for food habit changes were 'for my own health' and 'for my family's health', which shows that health seems to be the major concern in changing food habits. Among meals, the breakfast meal was rated as the most important one, and was not affected by the sociodemographic variables. However, the average rate of skipping breakfast was found to be as high as 33% with a greater rate in younger age groups. The rats of breakfast skipping was found to vary between different income, education, and BMI groups. Among the subjects who eat breakfast meals daily, a traditional Korean breakfast of rice and soup was found to be still a predominant choice, although younger age groups, upper income groups, and people with more education choice, although younger age groups, upper income groups, and people with more education tended to eat a western-style breakfast more frequently. These findings are applicable at the planning and implementation stages of various nutritional improvement projects as a part of the National health Promotion Law.

• 항공우주정책ㆍ법학회지
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• 제2권
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• 무역상무연구
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• 제13권
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• pp.657-677
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• 2000

Since January 1, 1999, traders, bankers and their counsels worldwide have available for their use the first set of rules exclusively dealing with standby letters of credit:the International Standby Practices(ISP98). Numerous standbys have alreadby been issued in the United States and worldwide subject to the new ISP. The international banking community is anticipating an increasing demand from their customers to issue ISP-governed undertakings. Before the adoption of ISP, traders and bankers had only the choice of issuing their standby subject to the International Chamber of Commerce's(ICC) Uniform Customs and Practices for Documentary Credits(UCP) and, to a much lesser extent, to the ICC's Uniform Rules for Demand Guarantees(URDG). However, practice showed that UCP rules are not easily adapted to regulate transnational standbys. Indeed, UCP was conceived to govern documentary credits, which are intended to serve as a means of payment. By contrast, standbys are means of guaranty. The core of UCP cannot therefore be appropriate for standby practices and, as a consequence, a number of UCP's provisions have to be excluded in the standby's text. UCP's shortcomings indicated above fulfil the requirements of a key factor for the success of uniform rules. Indeed, to achieve success in the sense of meeting the market's acceptance, any such rules should fill a widely recognized need expressed by merchant community to which such rules are addressed. The ISP cleary has such a vocation. Nonetheless, the already largely encumbered regulatory environment of guarantee devices can hardly go unnoticed. The question therefore arises as to the proper place of ISP in such a context.

• 수산경영론집
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• 제38권3호
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• pp.67-88
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• 2007

This study is to estimate the factor weights for a successful sea-ranching project using the Analytical Hierarchy Process. Furthermore, it investigates the policy implications revealed by the differences in group opinions throughout fishermen, government officials, researchers and the scholars when the weights are assessed. The hierarchy is constructed for the 3 levels of factors which must be evaluated for a successful sea-ranching project. The top level of factors is divided by the ecological factors and the socioeconomic factors. As the middle level of factors, there are 3 factors such as the choice of fish, the habitat environment and the production technology under the ecological factors and another 3 factors such as the stability of fishery society, economic factors, and the law & system under the socio-economic factors. And then, at the bottom level of the hierarchy, the economic factors have two different sub-factors such as the fishing revenue and cost. The law & system has also 3 sub-factors such as the accessibility to sea-ranching area, fishing method, and surveillance. The fishermen and government officials show us quite opposite tendencies in assessments of the weights while both the researchers and scholars reveal almost the same opinions positioned at somewhere between first two groups. The study also reports the evaluations of efficiency measures for resource recovery methods among the sea-ranching project, artificial reef, release of fish seeds, and marine protection area. Both the sea-ranching project and marine protection area have the same efficiency in terms of resource recovery while the artificial reef and release of fish seeds are revealed as somewhat less efficient methods comparing to the former two methods.

• 한국전자통신학회논문지
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• 제6권5호
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• pp.739-748
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• 2011

2010년도 말 현재 국유지의 면적은 $24,086km^2$로 전체 국토면적인 $100,033km^2$의 24%를 차지하고 있다. 그동안 국유재산 관리정책은 국유재산법이 제정된 이래 다양하게 변화해 왔지만 여전히 문제점들이 나타나고 있다. 또한 최근인 2011년 4월 1일에 국유재산법이 전면 개정 시행되어 어느 정도 문제점이 해소되고 있지만 여전히 국유재산은 효율적, 경제적으로 관리 운용되지 못하고 있을 뿐만 아니라 국가의 공공목적과 국민의 복지향상을 위해서도 합리적으로 사용되지 못하고 있어 아직도 개선되어야 할 여지가 남아 있는 실정이다.