• 한국중재학회지:중재연구
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• 제20권3호
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• pp.3-24
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• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.43-68
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• 2020

The "arbitration" system resolves disputes through judgments on rights relations or claims between disputed parties by judging by private trial, but it does not have organizational and material bases to execute the contents of these judgments. Therefore, unless the parties succeed in voluntarily surrendering to the results of the arbitration award, the implementation of the award will be accomplished by the enforcement of the assistance of the National Court. However, unlike the court's ruling, the arbitration tribunal does not generate enforcement power from the judgment itself, and it must be filed with the court for execution. In this regard, Germany provides for arbitration proceedings in the Civil Procedure Act Volume 10. In particular, Article 1060 governs the approval and enforcement of domestic arbitral awards. Accordingly, the procedure for declaring the feasibility of domestic arbitration proceedings and the execution of forced execution are commenced. Regarding the enforceable declaration of a domestic arbitral award, it differs from the simpler process requirements compared to the procedure in a foreign arbitral award, and usually has the same effect as a final judgment between the parties without a separate approval procedure. However, the arbitration award does not constitute an enforceable power that can be implemented, but is enforced through the national court's declaration procedure. However, if there is a ground for cancellation as provided for in Article 1059 (2) of the German Civil Procedure Act, the arbitral award is canceled and the application for enforcement is dismissed.

• 한국중재학회지:중재연구
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• 제28권4호
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• pp.131-152
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• 2018

On October 31, 2013, the Singapore Court of Appeals handed down a landmark decision in the case of PT First Media TBK v Astro Nusantara International and Others [2013] SGCA 57. The case arose out of an arbitration in Singapore involving the Malaysian conglomerate Astro and the Indonesian conglomerate Lippo, which culminated in a USD 250 million award in favor of Astro. The final award was given to three Astro subsidiaries who were not parties to the arbitration agreement, but who were joined in the arbitration pursuant to an application by Astro. Lippo then applied to the Singapore High Court to set aside the enforcement orders. The Court of Appeals, however, reversed the High Court's decision, and found that Astro was only entitled to enforce the awards. Also, the Court of Appeals undertook a detailed analysis of the use of active and passive remedies to defeat an arbitral award at the seat and the place of enforcement, respectively. It also touches on the innovation of forced joinders of third parties in arbitrations, which have garnered significant interest in the arbitration community. This decision is therefore expected to have a significant impact on the practice of international arbitration, including in relation to how awards can be enforced or defeated, as the case may be.

• 한국인터넷방송통신학회논문지
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• 제17권3호
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• pp.235-241
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• 2017

디지털 시대의 발현과 함께, 암호화는 생활의 한 부분이 되었고 대부분의 사람들이 쉽게 암호화 프로그램을 취득하여 제3자로부터 그들의 정보를 보호하게 되었다. 그러나 이런 암호화 프로그램의 확산으로 말미암아, 범죄자들조차도 범죄증거를 암호화하여 정부는 범죄 수사에 큰 난항을 격고 있다. 이에 따라서 여러 국가에서는 암호화된 범죄증거들을 강제해독하기 위한 시도를 하고 있으며 여기서 헌법상 자기부죄거부라는 기본권의 문제가 발생하게 되었다. 본 연구에서는 전반부에 이와 관련된 미국 헌법 및 미국 대법원의 판례를 분석하여 주요 기조를 제시하였으며, 후반부에서는 대한민국의 헌법과 형사소송법에 기초하여 암호화된 디지털 증거의 강제해독 여부에 대한 분석을 실시하였다. 마지막으로 결론에서는 공공의 안전과 복리를 위하여 법적 제도 측면에서의 강제해독의 접근 방향을 제시하였다.

• 한국품질경영학회:학술대회논문집
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• 한국품질경영학회 1998년도 The 12th Asia Quality Management Symposium* Total Quality Management for Restoring Competitiveness
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• pp.407-412
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• 1998

TQC, the features of Japanese QC (JQC), is forced to change now. There are many problems related to QC field, such as magnification of quality objects, social quality, thoroughness of CS, enforcement of PL law, applications of ISO standards concerning the QA system and the environmental management system, and still more recent American industrial tendency which attaches importance to TQM and so forth. Qn the occasion of JQC have passed for fifty years, since 1945. I would like to look back upon its QC history and discuss the meaning of the recent changes in QC concepts and the theoretical framework of its QC.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2013년 추계학술대회
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• pp.221-230
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• 2013

This paper is written following an analysis of occurrence trend of industrial disaster in manufacturing industry. One of major reason of industrial accident is unsafe action caused by lack of work supervision. so we have surveyed the understanding level of supervisors for industrial safety and their education of industrial safety which is forced by industrial law. We have got the result that the supervisor's education is necessary to prevent industrial disaster but it's not fit for their own workplace for various reasons from the survey and analysis. I would like to suggest effective solutions. The institute of education should train that they can execute safety and health works themselves by classification of the industrial category, company scale and located region. Also, government should endow supervisors with authority and responsibility for the activation of education system. Finally, government should support the expense of education to medium and small-sized enterprises especially, and they should be interested in the attendance and execution of education. They will achieve the goal to prevent industrial disasters in manufacturing industry through the enforcement of effective supervisor system as per the remark mentioned above.

• 한국의료질향상학회지
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• 제6권1_2호
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• pp.80-91
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• 1999

Background : With the CQI concepts, which emphasize doing the right things right the first time, we tried to enhance the timely completion of medical records by changing the review process from retrospective method to concurrent one. Methods : Against the current retrospective QA activity, Medical record administrator did the concurrent QA of the inpatient medical records with the deficiency sheets. One general surgery ward was chosen as a trial one. The deficiency rate of the medical records of the discharged patients was compared before and after the enforcement of the system. Job analysis of the medical record departments was done about four tertiary care hospitals located in Seoul to estimate the cost and the time consumed by current system. Results : There was a little improvement in the completion rate of the medical records after the trial. The new system was effective. And job analysis showed that much money and time were wasted by current retrospective feedback system. Conclusion : Though the result was not so satisfactory, it should be considered that this test was a voluntary one and the interns and residents were not forced to complete the medical records during this trial period. If there be any strong motivation to complete the medical record in time, this system is sure to be succeed. As the DRG system requires the concurrent review of the medical records to confirm severity of the patient's illness and to assure the timely discharge, it is desirable to enforce this method with the DRG system together. DRG coding and reducing deficiency rate of the medical records can be accomplished simultaneously.

• Safety and Health at Work
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• 제6권3호
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• pp.200-205
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• 2015

Background: Construction activity has made considerable breakthroughs in the past two decades on the back of increases in development activities, government policies, and public demand. At the same time, occupational health and safety issues have become a major concern to construction organizations. The unsatisfactory safety performance of the construction industry has always been highlighted since the safety management system is neglected area and not implemented systematically in Indian construction organizations. Due to a lack of enforcement of the applicable legislation, most of the construction organizations are forced to opt for the implementation of Occupational Health Safety Assessment Series (OHSAS) 18001 to improve safety performance. Methods: In order to better understand factors influencing the implementation of OHSAS 18001, an interpretive structural modeling approach has been applied and the factors have been classified using matrice d'impacts croises-multiplication $appliqu{\acute{e}}$ a un classement (MICMAC) analysis. The study proposes the underlying theoretical framework to identify factors and to help management of Indian construction organizations to understand the interaction among factors influencing in implementation of OHSAS 18001. Results: Safety culture, continual improvement, morale of employees, and safety training have been identified as dependent variables. Safety performance, sustainable construction, and conducive working environment have been identified as linkage variables. Management commitment and safety policy have been identified as the driver variables. Conclusion: Management commitment has the maximum driving power and the most influential factor is safety policy, which states clearly the commitment of top management towards occupational safety and health.

• 한국콘텐츠학회논문지
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• 제15권1호
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• pp.86-94
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• 2015

본 연구는 2014년 7월29일 시행된 '대중문화예술산업발전법'의 핵심인 청소년 대중문화예술인의 보호 조항의 적절성 여부를 비판적 관점에서 분석하여 미비점 등 법률 개정 방향을 모색하고자 실시되었다. 분석 결과 이 법률은 성매매 알선, 노예계약, 제3자의 수익 편취 금지 등 논란이 되어온 사회적 요구를 포괄적으로 수용하였다. 그러나 연령별로 노동시간을 차등적으로 규정하지 않은 데다 청소년에게 강요해서는 안 되는 위험한 연기장면의 사례, 수면권 건강권 학습권 보장의 절차와 방법, 위반 시 벌칙(처벌) 조항 등을 충분하게 규정하지 않아 구체성과 적용성을 충족하는 방향으로 보완이 필요한 것으로 나타났다.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2019년도 춘계학술대회
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• pp.242-243
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• 2019

IMO는 2005년 자발적 회원국 감사제도(VIMSAS)를 도입하여 총 67개 회원국에 대한 감사를 시행하였으며, 2016년 강제화(IMSAS) 하였다. 현재 174개 회원국을 대상으로 매년 25개국씩 협약이행 의무에 대한 감사를 7년 주기로 시행하고 있으며, 우리나라는 2020년 7월 수감 받을 예정이다. 이에 2020년 우리나라 감사에 대비하여 회원국 감사 지적사항을 최소화하고, IMO 협약 이행 및 시행에 대한 모범사례를 제시하기 위해 철저한 사전대비 필요한 시점이다. 본 논문에서는 2016년 강제화 된 IMSAS 감사결과를 대상으로 주요 발견사항 및 관찰사항을 분석하고, 타 회원국 감사 분석결과를 기반으로 국내 감사 종합전략을 제시하였다.