• The Journal of Fisheries Business Administration
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• v.32 no.1
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• pp.57-79
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• 2001

While the electronic commerce (EC) applies to most products, whether digitized or not, the EC for fisheries does not seem very successful. Many reasons lie behind this. However, insufficient and/or inconsistent legal and institutional provisions and lack of adequate government supports should be an immediate concern. This study identifies and analyzes problems with the current electronic commerce and trade for fisheries, and suggests institutional provisions and policies for successful expansion of the newly introduced marketing and distribution system.

• Korea Trade Review
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• v.47 no.5
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• pp.273-288
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• 2022

This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in inter-governmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.

• Korean Journal of Construction Engineering and Management
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• v.5 no.6 s.22
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• pp.146-153
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• 2004

The purposes of this study are to survey unfair aspects of specific provisions in the construction contract, and to suggest counterplans and institutional reformations. The research method of this study includes judicial precedent analysis and a questionnaire survey, The results of this study are as follows: 1) the main problems of unfair specific provisions are payment condition, shifting of the responsibility and adjustment in the contract sum. 2) counterplans ate suggested according to the construction phase : bid, construction and completion phase. 3) institutional reformations include firming up regulations, supervision, invigoration of claim, development of variation guideline, and so on.

• Korea Trade Review
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• v.41 no.3
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• pp.1-25
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• 2016

This study reviews international discussions about the trade-labor linkage and examines the labor chapters of FTAs enforced by the US and the EU from a comparative perspective. Since early 1990s, starting from the NAFTA, the US has included forceable labor provisions in its FTAs and this trend continues to the TPP which was concluded in October 2015. On the other hand, the EU's labor provisions in its FTAs have been composed of promotional elements on labor rights based on cooperations and dialogues. These different features of labor provisions in the US and European FTAs are mainly due to the motives of the FTAs of the US and the EU respectively as well as their domestic situations with regards to domestic law and institutional set-ups. The coordination of labor provisions involves a long-term institutional as well as regulatory convergence which triggers not only economic but also social changes, compared to a relatively short-term effect of tariff elimination. For Korea which has been a FTA partner country both with the US and the EU, it is significant to keep the different characteristics in the labor provisions in mind, particularly in the process of its implementation. Concerning the implementation of Korea-US FTA, it might be problematic if Korean law and its regulatory practice on labor-management relations do not comply with that of the US. The Korea-EU FTA case can also have an indirect impact on Korea's labor laws since it stipulates in its provisions that both parties should have discussions not only within each government but also with the civil communities including NGOs. Thus, Korea should pay more attention to the true meaning in labor provisions of both FTAs in order to promote its firms to be equipped with the right labor-management system in their operations abroad.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.113-137
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• 2005

In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.

• Korean Journal of Legislative Studies
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• v.24 no.3
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• pp.85-111
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• 2018

This study examines the puzzle of institutional change of irregular worker protection system in Korea through a theory of incremental institutional change. It is the case of "conversion" mode of institutional change that occurs when ambiguous rules permit reinterpretations of rules and regulations for converting functions of institutions into new ones without formal revision. Management sectors with enforcement power have circumvented main rules of high discretion since 2007. In institutional dimension, the extent of irregular workers and the provisions of limit on employment-period and prohibition-correction on discrimination lack sufficient details. In political context, veto possibilities have been downward. Irregular workers were hardly organized independently and two labor union federations mainly composed of regular workers were less receptive to them. Veto possibilities in legislation were also low: the Economic and Social Development Commission ended up in weak labor representation and labor parties in the National Assembly have undergone dissolution.

• International Commerce and Information Review
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• v.10 no.4
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.05a
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• pp.375-376
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• 2023

In this study, the legal and institutional status of construction supervising and construction inspector was identified. As a result of examining the definitions of construction supervision terms, focusing on domestic construction-related laws, it was found that there were no consistency between each laws regarding 'terminology' and 'definitions'. In addition, the scope of construction inspector's work continues to expand through the delegation provisions to lower statutes, however, responsibility, authority, and inspection cost are not taken into account properly. In addition in order to introduce digital technology to the smart construction site, which is currently active under way, it is judged that the law and institutional contents need to be improved further.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.68
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• pp.171-195
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• 2015

The large increase in RTAs since the late 1980's has challenged the foundations of the multilateral trading system, and thereby has become an axis in the GATT/WTOsystem.While RTAs can be seen to be contradictory to the overall aim of the WTO, they were allowed for in Article XXIV of GATT conditional to certain provision. The failure of compliance and subsequently enforcement of these provisions could be seen as a serious flaw of Article XXIV since the inception of GATT system. Many elements of GATT Article XXIV are not clear and thus lead to divergent interpretations of its disciplines. This considerable divergence in opinions arise from both ambiguities throughout the provisions under GATT Article XXIV. In this regard, both economic and legal work is required to keep up with constantly changing nature of the world trading system. Further, global efforts are required to resolve another teething issue of WTO's problematic institutional framework on GATT/WTO's oversight and surveillance of RTAs. and thereby strengthen the multilateral trading system. Needless to say, theGATT/WTOframework has been essential in paving the way for RTAs while ensuring a more multilateral and liberal trading system. Consequently, global efforts should be made to restructure the WTO for the renewed multilateral trade liberalization in the GATT/WTO.

• The Korean Society of Law and Medicine
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• v.7 no.1
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• pp.323-386
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• 2006

A combination of information technology and medical care has given rise to a new type of medicine, i.e., telemedicine. Broadly defined, telemedicine is the transfer of electronic medical data from one location to another. Both at home and abroad, telemedicine has come to success in establishing appropriate equipment and solutions for such non-conventional medicine. Sooner or later, telemedicine is believed to find itself as one of the universal treatments. In order to facilitate the full-fledged development of telemedicine, a number of legal and institutional problems have to be settled. In Korea, the Medical Act was amended to include such provisions as telemedicine, electronic medical records, electronic prescriptions, etc. and the Act came into force on March 31, 2002. Telemedicine is in common with the conventional medicine in that a physician treats a patient. However, telemedicine is basically differentiated in the followings: - The offer and acceptance of treatment and medication are usually made on-line; - Telemedicine is inherently dangerous because a physician cannot meet face-to-face with a patient; and - Joint and several liability is borne by all the physicians involved in a telemedical consultation. As a result, telemedicine is vulnerable in nature to medical malpractice. Accordingly, there must be some new theories and arguments in the formation of contract and torts. The discussion on the civil liability covers the above-mentioned issues, and would give an insight or guidelines in the concerted operation of provisions with respect to telemedicine. This study delves into the civil liability of physicians involved in telemedical consultations and treatments based upon the conventional malpractice theory.