• Journal of Arbitration Studies
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• v.20 no.3
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• pp.25-46
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• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

• Journal of Navigation and Port Research
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• v.43 no.6
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• pp.384-394
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• 2019

This study investigated the current status of the management system for foreign seafarers boarding Korean ocean-going vessels and analyzed the problems and suggested measures for improvement through the survey of shipping companies, ship management companies, crew manning companies and related associations. The conclusion is summarized as follow. First, it is necessary to reorganize and apply the collective agreements or the laws applicable to the foreign seafarer separately in regard to the foreign seafarer related laws and collective agreements applied in the same way as the Korean seafarer. Second, it is necessary to change the decision-making to shipowner in deciding on the number of foreign seafarers employed by the Korean ocean-going vessels or if the decision-maker remains the same, the relevant laws must be clearly defined pertinent to the decision-maker. Additionally, the number of foreign seafarers should be applied for each position and ship's type. The third is to expand the recognition arrangement for certificate of ships' officers to Eastern Europe and Asian countries to expand the range of options for hiring foreign seafarers. The fourth is to prevent the waste of administrative manpower by simplifying complicated and unnecessary administrative procedures from hiring and boarding of foreign seafarers. The fifth is to establish a systematic training and education system for foreign seafarers in cooperation with related shipping companies and government authorities, associations and so on. This study will contribute to providing a more efficient and systematic management of foreign seafarers boarding Korean ocean-going vessels.

• Proceeding of Spring/Autumn Annual Conference of KHA
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• 2009.04a
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• pp.155-160
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• 2009

Safety of residents could be considered and then increased when we plan, design, and operate a city. In Korea, CPTED (Crime Prevention through Environmental Design) is currently being applied to new towns. However, it is not systemized and neither efficient, for there are no constraint provisions, and the foreign cases are not specifically customized to the current situation of the country. This means, the introduction of CPTED is an indispensable fact, but there are limits to the budget aids and actual application, for there is no legal base to support it. This study, therefore, aims to find the limits from analyzing related laws and regimes, administrative regulations, and applied cases, and to deduct improvement plans based on examined foreign cases. In this Study, the supporting system of foreign CPTED related laws and regulations was analyzed around the cases of England and U.S.A, and based on that information, the present condition and limits of CPTED related laws and regulations of Korea were deducted. As a result of this study, there were no constraint provisions to apply the design guidelines to actual planning, and there were limits on backup aid and actual application due to the lacking of analyzing the relevant area. Also, an acceptable framework must be arranged by the revision of laws and ordinances to compel the system, and link it with the CPTED certification system which will revitalize the whole system.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.33-52
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• 2017

This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

• Journal of Arbitration Studies
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• v.17 no.3
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• pp.57-79
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• 2007

Laws regarding to Arbitration in North Korea are Arbitration Act, Foreign Economic Arbitration Act, Regulations on the Foreign Trade Arbitration Commission, Regulation for treatment of cases in Arbitration Commission, Rules of Hearing. North Korea has enacted the laws related to Arbitration including Arbitration Act enacted in 1995 and Foreign Economic Arbitration Act enacted in 1999. In the North Korea's planed economy system, as there will be many disputes among organizations, companies, other Institutions Arbitration Act resolves the disputes to compete the economic plan. North Korea's Arbitration Act is different from Normal Arbitration Acts in particular other socialist states in view of arbitration agreement and selection of arbitrator and functions as the tools controlling the members of North Korea and have the characteristics such as national arbitration system and mixture of criminal trial and governmental control and strict legal control system on violent acts in North Korea's plan and plan regulation. And North Korea's Arbitration Act deals with the civil disputes and limits the parties and subject matter of arbitration. The parties in dispute such as organizations, companies, other Institutions could apply for arbitration to Central Arbitration Body and Provincial (City under the direct control of Government) Arbitration Body and Sectional Arbitration Body. The purpose of this paper is to contribute to the enhancement of the understanding arbitration in North Korea by studying the clauses in the Arbitration Act.

• Journal of the Korean Regional Science Association
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• v.34 no.4
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• pp.49-60
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• 2018

To restore urban water cycle, it is necessary to improve domestic laws and regulations related to LID(Low Impact Development), which has been successfully applied to foreign countries. Thus, this study has intended to evaluate domestic legal systems related to space and environmental planning and to suggest directions to improve laws and regulations related to space and environmental planning toward extended application of LID in Korea. To reach this goal, this study has analyze the legal and institutional status of the foreign countries where LID has currently been applied, to derive the factors that laws and institutions are required to support LID based on the above analysis, to evaluate domestic laws and regulations related to space and environmental planning, and to suggest directions to improve the laws and regulations. After the evaluation, this study has found the following results. First, it was found that the concept and basic principles of LID and LID planning and associated methods were no longer mirrored in the space planning-related laws and regulations. However, these problems are not confined to LID, and result from thefailurein applying environmental planning to space planning overall. Second, it was revealed that the environmental planning-related laws and regulations defined the terminologies and targets of LID and suggested different measures to improve LID-related policies differently depending on the backgrounds ofenforcing thelaws and regulations and on environmental properties. Finally, this study has suggested the directions to improve laws and regulations related to space and environmental planning as follows. First, it is necessary to enact a law to support the extended application of LID. Second, the law to be enacted should be connected to laws, enforcement ordinances and regulations, and guidelines related to space planning. Third, environmental benefits provided by both structural and non-structural techniques of LID should be quantitatively measured.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.107-127
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• 2021

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

• Journal of Fisheries and Marine Sciences Education
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• v.21 no.3
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• pp.335-346
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• 2009

Offshore-aquaculture is a new idea, has emerged as an alternative method, which can minimize the damage to the natural disaster due to the environment pollution by the fish farming activities in the coast and overcome the problems of vicious cycle in fish farming management. On the other hand, as the current fish farming laws and institutions focus on the support for offshore-aquaculture, having the limit to revitalizing and supporting the fish farming business in the open sea, it is necessary to amend the laws and institutions related to fish farm. We should be establish in connection with offshore-aquaculture, after the study aims at examining the foreign laws and institutions in such countries as USA and Norway, establishing the methods for the future laws and institutions of open sea fish farm through the analysis of the issues and controversies in the process of enactment in Korea.

• Journal of The Korean Digital Architecture Interior Association
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• v.9 no.2
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• pp.25-33
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• 2009

So far we have investigate and analyzed the actual conditions of building maintenance in Korea and compared the building maintenance laws and systems between Korea and other countries. Now, based on the results from such comparison and analysis, this study proposes the following ideas for improvement: 1) As we can learn from domestic and foreign case studies, in the existing built-up areas becoming obsolete, many building owners remodel their buildings illegally in reaction to current economic and social changes. Therefore, for efficient maintenance of buildings, it is required to improve building maintenance systems by formulating information about inspection items, inspectors, supervisors, inspection costs and intervals of reporting results, depending on how large the buildings are and what they are used for. 2) In addition, to ensure the success of a building maintenance system, it is necessary to keep and manage a history of building maintenance thoroughly and introduce a certification program which gives an appropriate grade to maintenance performance and commits the government to expand their public roles and supporting policies, as widely used in some foreign countries. Further, in keep the building maintenance system secure, there should be a nationwide consensus as well as a favorable evaluation from building owners and manager, and all related people.

• Korean Journal of Organic Agriculture
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• v.18 no.2
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• pp.177-197
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• 2010

Japan launched its regulatory certification system for organic foods based on the amended JAS laws in June 2000, followed by the implementation of regulations on organic agricultural products and organic processed foods in January 2001 and with the implementation of the standards on organic animal husbandry and organic feed by the Ministry of Agriculture, Forestry & Fisheries in 2005, organic foods have been under integrated and systematic supervision. Certification of organic foods can be undertaken by registered accredited bodies (private certification bodies) or legal entities conforming to the regulations of the Ministry of Agriculture, Forestry & Fisheries. However, with the amendment of the JAS laws in March 2006, only legal entities conforming to the regulations of the ISO/IEC GUIDE 65 are eligible as certification bodies. Foreign organic products imported to Japan must be certified organic under JAS regulations and must be manufactured or produced by foreign manufacturers certified by local or foreign registered accredited organizations and distributed with the Organic JAS Mark affixed or through importers certified by local registered accredited organizations and distributed with the Organic JAS Mark affixed on the products. It can be implied from the Japanese case study that it necessary to reform the diverse agricultural products certification systems to set up an integrated certification system, and the restructuring of government organizations, reforms of environmentally-friendly agricultural products certification system and the integration of the organic food certification systems are needed in order to integrate the control of the standards and certification systems.