• International journal of advanced smart convergence
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• v.8 no.4
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• pp.121-129
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• 2019

We are based on the results of this study, the policy measures for improving the efficiency of supply & demand policy of public cremation facilities in six metropolitan cities in the whole nation could be suggested as follows. First, when the utilization rate of public cremation facilities by citizents out of the jurisdiction area was lower, the overall demand for cremation was high. Therefore, the supply & demand policy of public cremation facilities should be carried forward by preferentially focusing on Busan Metropolitan City(4.1%) and Daegu Metropolitan City(17.9%) with low utilization rate by citizens out of the jurisdiction area. Second, the utilization variance of public cremation facilities in the whole six metropolitan cities in the whole nation, was insignificant(1.4%). Therefore, for the efficiency of supply & demand policy of cremation facilities in those six metropolitan cities, the customized-policies considering the characteristics of each metropolitan city should be carried forward in priority. Third, on the basis of 2018, the population size of those six metropolitan cities in the whole nation is from minimum 1.15million to maximum 3.39million as a large city, and relatively, they are facing many difficulties in the expansion for supply & demand of cremation facilities. Therefore, for the smooth construction of cremation facilities, it would be necessary to enforce policies that could disperse the demand for cremation through the joint construction of cremation facilities with other local governments close to each metropolitan city.

• International Journal of Internet, Broadcasting and Communication
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• v.11 no.3
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• pp.87-94
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• 2019

In the study, we show the annual average increasing rate of death bodies in the capital area was 2.1% while the annual average increasing rate of cremated bodies was 4.5%. As the annual average increasing rate of cremated bodies was about 2.1 times higher than the annual average increasing rate of death bodies, the increase rate of cremated bodies contrast to the increase rate of death bodies was relatively high. Also, the cremation rate of the capital area was increased by 9.5% from 80.3% in 2011 to 89.8% in 2017 while the increase rate of cremated bodies was 27.2%(N=21,694 people) from 79,866 people in 2011 to 101,560 people in 2017. Thus, the increase rate of cremated bodies contrast to the increase of cremation rate of the capital area was relatively very high. On the basis of 2017, the utilization rate of public cremation facilities in by capital area was 94.5% in Incheon Metropolitan City, 91.1% in Seoul Metropolitan City, and 20.9% in Gyeonggi-do, which showed huge differences in the utilization rate of public cremation facilities in the jurisdiction area of by capital area. Focusing on the actual state shown in the results of this study above, it would be necessary for Seoul Metropolitan City to carry forward a supply & demand policy of cremation facilities through the extension of cremation furnaces, for Gyeonggi-do to carry forward a policy to build the public cremation facilities focusing on the basic local government in the jurisdiction area, and for Incheon Metropolitan City to enforce the measures for the joint use of cremation facilities with the basic local government in the adjacent Gyeonggi-do jurisdiction area in order to improve the efficiency of the operation of cremation facilities.

• Strategy21
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• s.40
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• pp.144-161
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• 2016

A unanimous Award has been issued on 12 July 2016 by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Republic of the Philippines against the People's Republic of China. The current security issues in the regional sea shall be carefully reflected to anticipate whether the Award could resolve the existing political conflict or rather will grow military tension in the region. The Award clearly directs the scope of delimiting maritime jurisdiction to coastal States in the Southern China sea, so it seems to help facilitating finding resolutions of regional disputes on maritime boundaries. On the other hand, there are several limitations in reality to implementation of the decisions included in the Award. USA could use the decisions to restrict military activities and exercise of unilateral maritime jurisdiction by China in the region, while China shall encounter guilt to illegitimacy of its activities as well as shaking the legal foundation of its policy in the region. Then the resolution of this dispute through application of international law would rather cause more political confusion. The intension of bringing the case to an international court were to resolve political difficulties. If, however, the political difficulties are not properly reflected in the legal decisions, such decision would possibly raise more political risks.

• Journal of Environmental Science International
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• v.12 no.8
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• pp.835-840
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• 2003

Many various kinds of tourism resources have been distributed along the Nakdong river basin. Previous researches have focused mainly on environmental studies, including water quality control, industrial use of water, biodiversity, etc, with little research done in the field of tourism studies. Central to this study, therefore, is the identification and analysis, from the perspective of cultural tourism, of the area's distribution and characteristics of cultural properties registered by the MOCT. Review of related literature reveals : 1) spatial range bound with the jurisdiction of the river basin like DREO and NRBEO ; 2) analytical subjects limited to cultural properties designated by the three different administrative units of government, city and province. Along with the DREO's predominance over the NRBEO in the total number of cultural properties, the result finds that two cities, Andong and Gyeongju of Gyeongbuk are assigned ownership of most of the cultural properties under the jurisdiction of DREO, while Gyeongnam that of most of the ones under the NRBEO. However, those findings suggest the simple number of cultural properties with no significant level of importance and rarity value reflected. Therefore, future studies need to develop quantified modelling keeping cultural variables in mind and create cultural indices of the competitiveness of the local governments.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.64
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• The Journal of Information Technology
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• v.3 no.2
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• pp.127-137
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• 2000

Electronic commerce is the use of computers and telecommunications in the routine business transactions that most affect the basics of an organization's operations: everyday relationships with suppliers, customers, banks, insurers, distributors, and other trading partners. There are problems about the governing laws and the jurisdiction in the electronic commerce contract. This paper is to investigate the governing laws and the jurisdiction in the electronic commerce contract.

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.125-169
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• 2014

In France, arbitration, both domestic and international, has recently been subjected to a major reform. This article discusses the content of the 2011 reform and its aftermath, while putting into perspective the current arbitration act in South Korea, an arbitration-friendly jurisdiction that contemplates reforming its own law. The two legal systems are characterized by their concern for efficiency and rationalization of the arbitration proceedings, through the codification of essential principles previously established by case law and through the promotion of the independence of this ADR vis-$\grave{a}$-vis state courts. The efficiency consideration is strengthened at every stage of the proceedings: from the arbitration agreement often considered valid and rarely challenged, through the proceedings for annulment, recognition and enforcement of the award, up to the judicial assistance of the French supporting judge towards the actual arbitral proceedings. Finally, new concerns are emerging: the increase of transparency and the arbitrability of disputes in some uncertain fields of law.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.43-68
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• 2021

This paper seeks to provide a comprehensive review of the international rules of law on the obligations of confidentiality and its exceptions in international commercial arbitration, including the Riddick principle stemming from the common law jurisdiction. To this end, this article examines and analyzes developed countries' arbitration legislation including relevant case laws and the most recent leading institutional rules. Given the fact that the increasing use of discovery in international commercial arbitration and that the parties and practitioners in civil law countries are not familiar with the concept of the Riddick principle and its implied undertaking to a court, this article introduces the concept of the Riddick principle with some analysis for the recent case laws. Finally, this paper makes some suggestions to strengthen the compliance of confidentiality in international commercial arbitration by introducing new rules on confidentiality, inter alia, sanctions for breaching of the obligations of confidentiality.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.9-27
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• 2007

The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.