• Journal of Arbitration Studies
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• v.21 no.2
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• pp.85-112
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• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.25-31
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• 2023

The dispute over the Northern Limit Line in the West Sea has been sharply opposed since the U.N. commander set it in August 1953 with the aim of preventing accidental armed conflict between the two Koreas in the waters of the Korean Peninsula. In 2022, for the first time since the division, North Korea made a missile provocation beyond the NLL. The purpose of this study is to identify how the research on the NLL, which is under way by North Korea's actual provocation, has been conducted and to suggest a direction to proceed. This study examined the trend of research using a total of five academic information DBs, including RISS and Scholar, focusing on academic papers studied on NLL from 1998 to 2023. As a result of examining the current status of each year, field, and research method, significant differences in research volume were identified according to the government's relationship with North Korea, and the research field had the most introduction of the concept of NLL and historical background, confirming the need to expand to more diverse fields to have international legal justification and justification for the NLL, considering the changing international environment according to the logic of power. In terms of final research methods, most of them were literature studies, so the need for quantitative research using interviews, surveys, and big data was also found. It is hoped that the analysis results of this paper will play a positive role in setting the research direction for the international response of the NLL in the future amid the interests of the international political environment that is still ongoing.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.117-136
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• 2007

Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.85-109
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• 2010

L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

• Journal of International Area Studies (JIAS)
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• v.22 no.2
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• pp.47-80
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• 2018

Bosnia has a unique political and social structure of 'One State-Two Systems' according to the 'Dayton Peace Agreement'. It is true that since the end of the 1995 civil war, the problem of nation and peace in Bosnia has been attracted by the broad concept of Europe as a whole, beyond the local dimension of the Balkans. Bosnia is a typical 'Mosaic of Religion and Culture' region in Europe. And Sarajevo, the capital of Bosnia, where various religious and cultural features of Europe are gathered, is called 'Jerusalem in Europe'. For this reason Bosnia has repeated a history of cultural and religious conflict since the Middle Ages. However, before the civil war in the late 20th century, the nations in Bosnia also had experience of 'harmony among various nations, religions and cultures of East and West'. The international community, including the EU, has paid attention to this point as it promotes Bosnia's reconstruction and peace settlement. And these are working to restore the history of harmony among nations in Bosnia today. In the past, research on Bosnia has focused primarily on national conflicts between religions and cultures. However, in this study, I will try to analyze the practical cases of peace settlement and harmony among nations in Bosnia as follows: First, 'Bosnia's accession to the EU' which means active intervention and continued interest of the international community. Second, 'the resolution of war crimes and liquidation of past history' through the end of ICTY mission in December 2017. And third, 'reflection of international society and historical reconciliation of Serbia' through the reinterpretation of the Srebrenica massacre.

• Maritime Security
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• v.8 no.1
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• pp.41-71
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• 2024

In international armed conflict, 'the contraband of war' under 'the law of neutrality' was developed to balance the interests of belligerents' belligerent rights and neutrals' economic interests and it began to change and evolve with the development of trade in the 19th century. The scope of material control expanded during the First and Second World Wars and continues to this day. In particular, a trend toward preventing the military use of 'conditional contraband' that could be used for both military and civilian purposes. In the process, the law regulating contraband of war expanded conceptually to become an 'international export control system' led by international organizations. Today, the contraband of war is still in effect, but there are no laws or guidelines related to the contraband of war in Korea in case of an emergency for the Korean Peninsula. Considering that it is an international practice to create and publicize a list of the contraband of war, it is necessary for Korea to prepare for it. Therefore, this paper examines the historical origins and development of the law regulating of war under the law of neutrality and examines the state practice of the contraband of war control over time. In doing so, this paper will examine the implications of the law regulating contraband of war for the Korean Peninsula through changing in the law regulating contraband of war and state practice.

• Journal of the Korean Society for Library and Information Science
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• v.48 no.3
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• pp.113-135
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• 2014

The purpose of this research is to investigate the current situation of national and international e-book ecosystem, reveal a conflict and suggest the improvement strategies regarding e-book lending service in public libraries. For this, an extensive research was conducted concerning overall e-book issues and reveled the criteria for each sectors. The relationship and different view between publishing and library sector were presented. Then, the five public library e-book lending principles, developed by foreign national or international library associations, were analyzed. The seven main principles were derived and mapped to the current practice of publishers. As a result, the possible countermeasures of the Korean public library were suggested, particularly in terms of the mission of public library, development a standardized lending model, and the revision of law.

• Korean Journal of Human Ecology
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• v.19 no.1
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• pp.75-89
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• 2010

The purpose of the study is to integrate multi-cultural families with special needs and situations into family living and Korean social groups. Nowadays there has been an increase in the number of international marriages. According to these changes, there are a variety of social problems such as cultural conflicts, domestic violence, difficulty in communication, and bad relationships between family members because of misunderstandings. These social problems can be alleviated by a family integration education program for multi-cultural families. This program was developed in order to help immigrant women in their initial settlement and to provide them with information on mutual culture of family living. The contents of the program consist of how to live a harmonious, understanding and hopeful family life. The method of evaluation is to survey the immigrant women's self esteem and conduct an interview. The results of the evaluation are to promote a positive relationship between family members. Also the family agreed to promote favorable sentiments toward each other. The program also had meaningful consequences for the improvement of the immigrants' realistic expectation of marriage and conflict resolution skills. I am hopeful that more elaborate programs for multi-cultural families will be developed in order to maximize the effect with appropriate education and support systems.

• The Journal of the Korea Contents Association
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• v.18 no.7
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• pp.401-411
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• 2018

This study includes three students' whose country origin is of a political and economic success, therefore the pursuit to learn English is important. The participants evaluated in this study are two students of Korean descent and one Chinese student. The purpose was to evaluate their overall language learning experiences outside of their home country. While the participants in this study share similar cultures and learning styles their process towards second language readiness is different. The internal factors (readiness) that motivated them to study abroad were synonymous. However, the classroom situations (assessment), social settings (environment), and strategies used were disparate. The methodology of this paper used a holistic approach with a snowball sampling technique. The responses were collected by a prepared questionnaire and unstructured interviews, then later analyzed by the inductive reasoning process. The 3 specific categories identified were despondency, culture and communication conflict. The present study revealed that the participants' earlier preparation from their home country plays a significant contribution to their success abroad.

• International Commerce and Information Review
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• v.11 no.2
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• pp.173-201
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• 2009

As a result of overemphasizing the goods sector in trade structure, Korea does not meet properly the global trend which has the key role of 'trade in services' as the service economy have been expanded. Hereafter, it is easily forecasted that trade in services will be one of the main factors for Korea's competitiveness and engine of growth. Nevertheless, because Korea does not equip the concreteness of governance for trade in services, it is possible that the efficiency deterioration of trade volume, confusion of Korea's trade policy, conflict among trading countries, and discordance between the interested parties may be occurred. This paper analyzes the governance system of Korea for trade in services in order to enhance the competitiveness reflecting the importance of trade in services and to draw some strategies for remodeling the service governance system. It is expected to raise the efficiency of Korea's trade policy by constructing the systematic governance for trade in services, and to remove lots of latent risks during global transactions by improving the imbalance between manufacturing and service part for the development of trade in services in Korea. Analysis revealed itself the result that Korea is weak enough to can not identify the governance system about trade in services. Except 'Extent of Services' article of the Foreign Trade Act, Korea has not prepared the governance system for trade in services so that governance system have been scattered overly or decentralized. Problems about trade in services are not limited to enterprise's side, but extended to all the players including government agency whole, academic world and research institute. Therefore, the governance of trade in services should be strengthened and systematized by making the model law for trade in services(provisional name : Master Law for Trade in Services or Promotion Law for Trade in Services) by formatting type of fundamental law or separate legislation. If the bill legislation does not meet the conditions, the Foreign Trade Act should be totally reformed to Omnibus Trade Act concept including trade in services.