• Journal of the Korean Society for Library and Information Science
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• v.48 no.3
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• pp.5-26
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• 2014

The legal deposit for the national library in all countries is the most important mean for acquiring the country's off-line and on-line publications. Because of many limitations of legal deposit system, however, the National Library of Korea does not properly collect the useful materials produced or manufactured in Korea. In order to solve this problem, the author analyzed the status of collection development by legal deposit and estimated the total amount of domestic publications. Based on the these results, author suggested five plans for strengthening the national collections in terms of the provisional 'deposit law', the further development and complementary of current legal deposit regulations (guidelines and standards), desirable amendments of the legal deposit provisions in library act, reasonable division of the deposit targets, and optimization strategies of acquisition scope by material types.

• Journal of the Korean Society for Library and Information Science
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• v.36 no.2
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• pp.185-207
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• 2002

Legal deposit system is an important legal instrument for national libraries. But the law or act based on print materials in many countries predates the current information age and requires a new legal framework in order to encompass electronic publications. Many national libraries, therefore, are seeking to encourage their governments to establish legal deposit for publications in the whole range of formats. The purpose of this paper is to analyse a world-wide trends of the legal deposit system for on-line publications as well as off-line materials. The result of this analysis will be used to develop a new model of legal deposit system in Korea.

• Journal of Digital Convergence
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• v.5 no.2
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• pp.99-108
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• 2007

As the transaction using mail order sales mediating sites such as Auction rapidly increase, consumer damages are also increasing. Therefore, in this study, the methods to remedy consumer damages occurring from transactions through mail order sales mediating sites such as the Payment Deposit System, the systems to resolve disputes without any litigation and the systems in relation to the Consumer Basic Act have been examined and measures to improve the systems have been groped. For the transactions using mail order sales intermediating sites, it is necessary to impose more responsibility on mail order sales mediators although the responsibility may not be required to be at the level of mail order sellers such as internet shopping malls. Therefore, institutional supports are necessary to effectively protect consumers in the transactions using mail order sales mediating sites and to induce damaged consumers to actively file claims for compensations. In relation to this, the Collective Dispute Mediation System and the Consumer Group Litigation System under the Consumer Basic Act may become good examples. The consumers who have been subject to the same or similar damages in the transactions using mail order sales mediating sites should also be allowed to participate in the Collective Dispute Mediation under the Consumer Basic Act or actively utilize the Consumer Group Litigation System. Also, it is desirable to reflect these systems on 'the Act on Consumer Protection in E-Commerce etc' so that these systems can also be directly applied to the transactions using mail order sales mediating sites.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.91-122
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• 2014

For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.55-84
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• 2005

The arbitral award is the decision of the arbitrators on the dispute that had been submitted to them by the parties, either under the arbitration clause providing for the determination of future disputes or under submission of an existing controversy. The arbitral award has the same effect between the parties as a final and binding court judgment. The arbitration award shall acquire, as soon as it is given and delivered to each parties, the authority of res judicata in respect of the dispute it settles. The validity of an award is a condition precent for its recognition or enforcement. The validity of an award depends on the provisions of the arbitration agreement including any arbitration rules incorporated in it, and the law which is applicable to the arbitration proceedings. Such provisions usually address both the form and the content of the award. As the 'form', requires article 32 of Arbitration Act of Korea that an arbitral award should, at least, (1) be made in writing and be signed by all arbitrators. (2) state the reasons upon which it is based unless the parties have agreed that it should not, (3) state its date and place of arbitration. There are some further requirement which may have to be observed before an award which has been made by a tribunal can be enforced. (4) The duly authenticated award signed by the arbitrators shall be delivered to each of the parties and the original award shall be sent to and deposited with the competent court, accompanied by a document verifying such delivery. This rule can be interpreted as if the deposit of an arbitral award with the competent court is always required as a condition for its validity or as a preliminary to its enforcement in Korea. However, we must regard this rule which requires the deposit of an arbitral award with court, as rule of order, but not as condition of its validity. Because that the date on which the award is delivered to each party is important as it will generally determine the commencement of time limits for the making of any appeal which may be available. Furthermore, the party applying for recognition or enforcement merely has to supply the appropriate court with the duly authenticated original award or a duly certified copy thereof, not any document which proves that an the arbitral award is sent to and deposited with the competent court. In order to avoid some confusion which can be caused by its interpretation and application, the Article 32 (4) of Arbitration Act of Korea needs to be abolished or at least modified.

• Economic and Environmental Geology
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• v.5 no.3
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• pp.145-150
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• 1972

This report is written for presenting a principal theme of study about. the origin of Sangdong ore deposit in details, being an aid to find new ore bodies, on the basis of mineralogical charactor and geological feature. Main vein in Sandgong mine has characteristic zonal distribution and localization of minerals. 3 kinds of minerals, that are quartz, hornblende, diopside, form systematically their each rich zones. Other minerals like plagioclase, native bismuth, sphene, molybdenite and wolframite are developed locally. According to the zonal distribution and localization of the minerals, the authors presume that mineralizing agents which changed interbedded limestones into ore bodies act and come up from non-exposed igneous body in the direction perpendicular to the platy main vein. That non-exposed igneous body, presumed, might be extended from the exposed igneous bodies in the southern part of Sangdong mine.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.15
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• pp.59-87
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• 2001

In recent years electronic fund transfers covered by the Electronic Fund Transfer Act 1978 for consumer protection and the Article 4A of Uniform Commercial Code(U.C.C.) 1989 for wholesale electronic payments in United States. Electronic fund transfers carried out by use of a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks such as direct deposit, Fedwire, automated teller machine, point-of-sale, and credit card transactions have been increasingly common in consumer transactions and wholesale transactions. Especially, the Article 4A of U.C.C. governs the rights and obligations associated with transactions such as an issue and acceptance of payment order, execution of sender's payment order by receiving bank, and payment. These legal frameworks in connection with electronic fund transfers in United States can play a leading role in establishing model not only within the United States, but also as a basis for developments of electronic commerce law in Korea including other countries.

• Proceedings of the Korean Society of Computer Information Conference
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• 2017.01a
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• pp.89-92
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• 2017

공탁이란 채권자의 수령거절이나 수령불능 또는 채권자를 알 수 없는 등으로 변제를 할 수 없는 때에 변제자가 채권자를 위하여 변제의 목적물을 지방법원 공탁소에 임치함으로써 채무를 면하는 제도를 말한다. 또한 권리의 실현과정에서 다양한 기능을 하고 있는 법적제도이지만, 국민의 권리실현을 위한 채무자 보호입장에서 실질적으로 사적기관에 이임되는 경우가 많다. 특히 오랜 역사 속에서 발전되어 온 공탁제도는 처음에는 선의의 채무자를 보호하기 위한 제도로 출발하였으나, 현재는 권리구제적인 측면에서 제재나 보안수단으로 발전되어 온 것이 사실이다. 그러나 이 공탁제도가 시대상황을 잘 반영하여 운영하고 있지만, 공탁물의 범위에 있어서 외국화폐나 사법상의 재산권을 표창하는 증거증권은 그 범주에 들지 않는 문제점 등이 제기되고 있다. 따라서 본 연구에서는 외국의 입법례를 통하여 우리의 현행 민법 하에서 국민의 법 감정과 정서에 맞는 가장 바람직한 공탁제도의 방향을 제시하고자 한다.

• Journal of Digital Convergence
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• v.7 no.4
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• pp.11-19
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• 2009

Electronic methods are already used in money transfer and credit cards transactions and electronic money and checks, which can substitute cash and coins, are being discussed. Recently, the Acts of Electronic Draft have been enacted, in order to make the money in the market flow efficiently. Also electronic bill of lading has been adopted for the practical use of international shipments. However, despite of the effort from the academia and practice, investments to stocks, especially in the stock exchange, is not quite perfectly electronic. Japan enacted a relevant act in 2004 which make its stock market totally dematerialized. This writing summarizes some issues in interpretation that arise in the course of operation of the Stock Electronic Registration System at the present time of 6 months after it came into effect and its purpose, by doing so, is to prevent in advance the kind of problems in introducing the similar system to Korea.

• International Commerce and Information Review
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• v.6 no.1
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• pp.191-210
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• 2004

There are increasing needs for an individual or enterprise to interchange documents electronically through communication network to enhance the efficiency of business, owing to rapid process of transactions. But e-commerce encounters the problems regarding the handling the electronic documents, that is to say, deposit and proof of the electronic documents. This paper deals with Authorized Electronic Data Depot as an integrated system for processing, relaying and proving documents that. Authorized Electronic Data Depot operates as e-enabler in exchanging documents in trust among administrative agencies and a comprehensive government directory, digital government seal certification system and DNS system. Authorized Electronic Data Depot leads public and private sectors to save the paper-related costs. But the regulations concerning an authorized electronic data depot is introduced in the course of revision of Electronic Transactions Act. The purpose of this paper is to suggest some guidelines in legalizing the authorized electronic data depot.