• Journal of Arbitration Studies
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• v.32 no.1
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• pp.71-91
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• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• International Commerce and Information Review
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• v.19 no.3
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• pp.215-235
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• 2017

The United Nations Convention on Contract for the International Sale of Goods(CISG) is legislated for unified of international sale of goods, but does not cover all concerns related to that. Arilce 4 provides the exclusions of CISG. These exclusions might be govern by a domestic law. This paper analyses what are excluding under CISG Article 4, and then provides the Korean and Chinese domestic regulations related to them. At first, whether some issues are excluding based on the interpretation of CISG Article 4 depends on the agreement of parties concerned. An issue that a national law applies even might be invalid if it does not follow the general principles of CISG. In Conclusion, CISG does not cover the validity of the contract and the property in the goods sold under CISG Article 4. a company who trades with Chines company should understand the differences of both countries' regulations about the validity of the contract and the effect of property transfer and be careful to decide a govern law to avoid unnecessary disputes about these issues even though their contract is govern by CISG.

• Journal of Wetlands Research
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• v.6 no.1
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• pp.89-104
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• 2004

In the aftermath of nation-wide controversy over "conservation vs. development" of the costal wetland in the Saemangeum, Korea could legislate the laws of wetland conservation and costal management in 1998. Since then, the public interest in the costal mudflats and its conservation has increased greatly, but the controversy on the economic value of mutflat wetland and the futher (un)necessity of reclamation) is not yet settled. In the cases of Korea dealt, economic valuation of wetland was performed mainly in the milieu of reclamation(development) vs conservation conflict, or from interest of recreational use. Korean studies used to estimate economic value of development case and conservation case respectively and then tried to compare these two value, as is sometimes done also in other countries. But the scrutiny of the results of these studies leads us to conclude that the revealed wide discrepancy among estimated values, above all other methodological problems, denies any practical applicability to the actual policy use. Benefit transfer as a convenient alternative method of valuation can not be usable either in our cases, because there is too few reliable estimated economic values of mudflat wetlands.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. 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. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Journal of dental hygiene science
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• v.20 no.4
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• pp.230-244
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• 2020

Background: The objective of the present study was to specifically divide the various work performed by dental hygienists in clinical practice for legal amendments regarding problems associated with conflict between job roles and illegal delegation to establish key basic data for legislation and policy utilization for realization of legal scope of dental hygienists. Methods: The study used work reports drafted based on research methods in the "Second Job Analysis Report on Dental Hygienists" researched by the Korean Health Personnel Licensing Examination Institute in 2012 and "Opinions of Dentists on Actual and Legal Work of Dental Hygienists," a report published by the Korean Dental Hygienists Association. Of these, the study focused on conservation dentistry, pediatric dentistry, prosthodontics, oral and maxillofacial surgery, and dental implant treatment, which make up some of the fields covered by dental hygiene practice, to investigate and analyzed work performed by clinical experience. Results: Analysis of work actually performed in dental practice showed that for work related to 33 items presented in the study methods, the participants responded that they are currently performing such work or are likely to perform such work in the future, although there were differences by year. Investigation by type of workplace showed that dental hygienists working in university hospitals could perform the work presented if they had ≥5 years of dental hygienist experience, whereas dental hygienists working in dental clinics or hospitals could perform simple duties in their first year and performed more diverse duties with greater degree of difficulty after their second to fourth year. Conclusion: The reality that medical assistance during surgical operations and various procedures that is still being performed is no longer legally protected directly contradicts the needs in dental practice, and thus, there is the need to amend laws that are realistic by clearly recognizing the work of dental hygienists.

• Journal of Auto-vehicle Safety Association
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• v.14 no.4
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• pp.106-112
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• 2022

The purpose of this study is to explore ways of improving the motor vehicles safety certification system in preparation for the deployment of Lv.4 or higher autonomous vehicles. In order to effectively achieve the objectives of this study, theoretical and empirical research methodologies were employed, including literature review of prior research, government-published data, etc.; comparative research on legislative cases of other countries regarding motor vehicles safety certification; historical and legal research on domestic systems; legal analysis to explore approaches for improvement, etc. Some argue that the type approval system is needed in preparation for deploying autonomous vehicles, but there are several limitations in moving to the type approval system from the self-certification system currently adopted in Korea. First, there is a possibility that the system may be in conflict with the Korea-U.S. MOU regarding Foreign Motor Vehicles (1988) and the Korea-U.S. FTA (2011); second, there is a risk of undermining the cause of the self-certification system, which is the autonomy of manufacturers; third, the boundary between autonomous vehicles and non-autonomous vehicles is unclear; and fourth, the type approval system may hinder technological competitiveness. On the other hand, considering that the Korea-U.S. FTA and the UNECE IWVTA recognize exceptions to deal with road safety and risks to human health or the environment, and have a pre-certification system for some auto parts such as pressure-resistant containers, it can be said that there is room to introduce the type approval system for supplementation purposes. To improve the motor vehicles safety certification system while ensuring the safety of autonomous vehicles of Lv.4 or higher, the targets of type approval should be defined and the criteria, procedures, etc. for type approval should be established. At the same time, the consistency between motor vehicle-related laws and harmonization with international standards need to be considered.

• 한국체육학회지인문사회과학편
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• v.55 no.3
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• pp.15-25
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• 2016

This study attempted an eco-ethical approach to the sporting body, focusing on Toegye's Gyeong. A causes for the conflict between man and nature is a wrong view of nature derived from human desire. Toegye thought that the problem of desire could be overcome through Gyeong. Eco-ethical approaches of Toegye's gyeong thought are possible for the following reasons: First, because Toegye's gyeong is completed in nature. Second, because Toegye's gyeong emphasize human responsibility (consideration) for nature. Third, because gyeong is related to the ability to practice morality. Meanwhile, Toegye understood 'preserving the body well' as self-preservation and at the same time, as the meaning of a natural principle of following the laws of nature. From this perspective, the sporting body has meanings of physical fitness and mental health and at the same time, an aspect of ecological values of understanding man and nature as a single network and following the order of nature. Acquisition of Gyeong through the sporting body suggests the practice of 'gyeongsin (respect for the body)' and 'hwalgyeong (preservation of the ecological environment).' When human beings do physical exercise with nature, they proceed to the stage of building up the virtue of yosan yosu (finding happiness in mountains and water) through nature preserving the ecological environment (hwalgyeong) beyond staying at the stage of gyeongsin.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.33 no.1
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• pp.99-116
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• 2023

The importance of data in the era of the 4th industrial revolution, a hyper-connected society based on information technology such as data and AI, is increasing, and the government is actively enacting and revising laws to revitalize the data economy. It is necessary to prevent and improve problems that may set an obstacle to the revitalization of the data industry or setting the wrong direction, such as possibility of conflict between the regulatory law(Personal Information Protection Act) and the Data Activation Act, differences in position by type of specialized agencies, performance scope of Data Specialist Organization and Expert Data Combination Agency, etc. In regard, I would like to analyze the role, current situation, and use cases of Expert Data Combination Agency, listen to field opinions, and derive and introduce measures to expand the role of Expert Data Combination Agency and improve them to vitalize the data economy

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.22 no.4
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• pp.648-655
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• 2018

Our government has concentrated its policy capabilities on Software industry in order to realize software-centric society. Through such efforts, software industry has developed continuously. As well, it has been a high-valued industry by the association with other various industries, so its importance has been great and its market has grown explosively. However, owing to the hasty support policies focused on software industry, various problems and adverse effects, such as the decline of construction quality due to the confusion of business operator selection and the business area conflict, has occurred. Therefore, in this thesis, I will find the problem and its cause about software support policies and relevant laws according to rapid market change, and will suggest the improvement plan about them. So, I intend to minimize the problems associated with the confusion of business operator selection, through the business area clarification(software industry and information communication construction industry) about complex ICT industry.