• Journal of Arbitration Studies
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• v.13 no.2
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• pp.235-262
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• 2004

A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

• Strategy21
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• s.46
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• pp.57-88
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• 2020

Surrounded by powerful states, Korean maritime and airspace jurisdiction is constantly exposed to intrusions by its neighbors. Korean government has been, however, exercising significant degree of moderation in response to the occasions. This is where my research starts off: why does Korean government implement only mild measures, which sometimes seem to be insufficient, to infringements on maritime and airspace jurisdiction? I found the answer from the principles and rules of international law: to promote peace and prosperity of the international community, it placed limitations on state rights and prohibited use of force. This point will be elaborated in the paper by examining the contents of restriction and the history of the relevant principles. In the second part of the paper, I explore what strategy could be employed by a state to protect its jurisdiction under present international legal regime. Interestingly, international law, which restricts state jurisdiction, at the same time provides opportunities for lesser powers to protect their state jurisdiction. In the meantime, diplomatic efforts are required. I offer examples of Norway and Philippines, who successfully upheld their arguments against powerful states via international legal regime.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.133-156
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• 2014

With the development of Chinese commercial arbitration, there have been a large number of cases regarding the parties raised objection to the jurisdiction in arbitration and judicial practice. The argument relating to dealing with the subject matter, time limitation, identified subject of arbitration objection to the jurisdiction as well as the inadequate of Chinese Arbitration Law and relevant judicial interpretations has caused adverse impact on the conduct of the arbitration proceedings. This paper firstly look ar the overview of the arbitration jurisdiction objection, mainly on the arbitration jurisdiction objection determination and what is arbitration jurisdiction objection. The raise and abandonment of the arbitration objection to jurisdiction then will be analyzed in terms of subject, form, time and the legal consequences of giving up. The third part illustrates the handling of arbitration jurisdiction objection, main body, practices, procedures and whether the arbitration objection to jurisdiction is established. And the last part discuss how the condition of effectiveness on the arbitral agreement applies to through Chinese cases. Finally, the author suggests some cautions and countermeasures relates to arbitration agreement for domestic investors and traders dealing with the Chinese partner.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.221-262
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• 2003

In recent years, information technological revolution of using Internet in the Stock Market has shown reconsideration of Securities and Exchange Law. Since the 1998 Taipei Conference, ILA have studied upon it and presented 6th Interim Report during the 2000 London Conference. This paper summarizes a part of the 6th Interim Report. The Internet has created a medium to which traditional principles of jurisdiction may not have full relevance. To understand the jurisdictional issues posed by this new medium, we should first review the traditional principles of jurisdiction under international, U. S. law and Other Countries law. In previous reports, the general principles of jurisdiction in international law have been described. These principles are, however, difficult to apply in the context of Internet and other forms of computerized securities trading. Regulators all over the world are trying to address and solve jurisdictional issues raised by the Internet. The traditional rules of jurisdiction in international law, grounded as they are on a geography-based approach, may be in the process of being undermined by the Internet and other global networks allowing for remote access to information and to markets.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.85-90
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• 2022

In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.73-98
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• 2016

This is a case review of the Korean Supreme Court about international jurisdiction over a foreign-related case. This case is a guideline to other following cases how Korean court has international jurisdiction over the foreign elements cases. This case was an air crash accident in Busan, Korea. And the applicant was a chinese who was parents of flight attendant. The defendant was Air China. The applicant suid the defendant in Korea court, requesting for compensation for damages based on the contract of employment between died employee and the defendant and tort. The trial court rejected jurisdiction. But Supreme court granted jurisdiction on Korean court. The court determined the jurisdiction by the Korean Private International Law Act(KPILA). The KPILA has a concept of 'substantial connection', it is a main legal analysis to determine the jurisdiction. In the act, Article 2 Paragraph 1 says "In case a party or a case in dispute is substantively related to the Republic of Korea, a court shall have the international jurisdiction. In this case, the court shall obey reasonable principles, compatible to the ideology of the allocation of international jurisdiction, in judging the existence of the substantive relations." And Article 2 Paragraph 2 declares "A court shall judge whether or not it has the international jurisdiction in the light of jurisdictional provisions of domestic laws and shall take a full consideration of the unique nature of international jurisdiction in the light of the purport of the provision of paragraph (1)." In this case review find concepts, theories and cases out to clarify the meaning about Article 2 of the KPILA. Also it quoted from the concept of "the base rule" in Rome I (Regulation (EC) 593/2008 on the law applicable to contractual obligations) to apply the contract of employment between flight attendant and Air carrier.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• International Commerce and Information Review
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• v.13 no.3
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• pp.3-29
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• 2011

The Internet has become a medium through which people engage in increasingly sophisticated transactions. Businesses and consumers now use the Internet to communicate and engage in commercial transactions creating a virtual worldwide marketplace. They fear that the determination of Internet jurisdiction could be uncertain because electronic commerce is not executed in one particular place. Until now, there are no specific rules in the model laws and conventions dealing with international jurisdiction in electronic commerce. Due to the fact that U.S. companies are at the forefront of Internet technology, litigation regarding electronic commerce in the U.S. is more advanced than anywhere else in the world This paper analysis the basic framework for personal jurisdiction and approach for determining international jurisdiction in electronic commerce cases and explain the differences of several approaches involving interactions over the Internet. According to jurisdiction approach test, the U.S. employs sliding scale, effects and targeting test in electronic commerce. In recent many research views the targeting test as a global standard for determining international electronic commerce jurisdiction. However, there is still no clear indication of conclusive test of jurisdiction determination for electronic commerce. Therefore, it is a changing and process of jurisdiction test in the U.S. cases. In Korea, there is jurisdiction related clause in Private International Law, but it may be asked whether applicable in electronic commerce. Accordingly, analysis of the precedents changing related to electronic commerce jurisdiction of U.s. is full of suggestions in Korean companies, consumers and helps an enactment of code of civil procedure that containing many group's demands.

• International Journal of Internet, Broadcasting and Communication
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• v.10 no.4
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• pp.37-42
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• 2018

As of 2016, Incheon Metropolitan City's cremation ratio was 91.2%, which is the second highest among all metropolitan municipalities nationwide (Busan Metropolitan City: 92.0%). In addition, the number of cremation at the outside of the jurisdiction has been steadily increasing since 2014. It is analyzed that the number of cremation at the inside of the jurisdiction is 16,004, which is 67.3% of total number of cremation, and the number of cremation at the outside of the jurisdiction is 7,779, which is 32.7%. We would like to suggest the following policy suggestions to solve the problems caused by the increase in cremation demand. First, the number of operations of cremation in public facilities located in Gyeonggi-do adjacent to Incheon Metropolitan City is needed to be increased. Second, the extension of the time limit for the use of cremation facilities of the dead people at the outside of the jurisdiction is needed. Third, the charge for cremation at the outside of the jurisdiction has to be increased. Fourth, improvement measures such as relaxation of residency requirements for deaths at the inside of the jurisdiction, who used the public facilities in Incheon Metropolitan City, should be undertaken.

• International journal of advanced smart convergence
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• v.10 no.3
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• pp.187-197
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• 2021

We present following research summary and implications through the analysis of the research. First, the before the opening of public cremation facilities compared to new opening of those, the number of the corpse cremation increases to annual average of 5.5% of the rate, and it has a positive effect on increasing rate of the cremation. Therefore, a policy of expanding the supply of public cremation facilities should be pursued to improve cremation rate in the area of uninstalled public cremation facilities. Second, the before the opening of public cremation facilities compared to new opening of those, the number of the corpse cremation has increased to the annual average 3,623 people(56.9%) at jurisdiction area, while it has decreased to 949 people (28.3%) at the out of the jurisdiction area. The active efforts and building the funding expansion should be made to establish public cremation facilities of the central and local governments to improve convenience of the use of public cremation facilities. Third, since the before and after opening of public cremation facilities at Jeongeup City lead to great effect on demand of jurisdiction area and out of the jurisdiction area, the cremation demand should be reduced through the supply expansion of public cremation facilities and differentiation strategy to control cremation demand at the out of the jurisdiction area, focusing on metropolitan areas with high cremation demand, such as metropolitan areas or metropolitan cities.