• Journal of the Korea Society of Computer and Information
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• v.26 no.10
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• pp.147-155
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• 2021

If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

• 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 Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.321-384
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• 1993

The paper is to study and analyze the civil aviation industry of China and to present some cooperative and developing models between Korea and China in the fields of civil aviation on the basis of mutul benefit. In this study, civil aviation includes both the air transport industry and aircraft manufacturing industry. As it is not easy and realistic for us to conduct field survey on the civil aviation of China so far, this study has havily depended upon the literature data gathered from the ICAO and other published materials. This study includes the following major contents. 1. The historical development of China civil aviation 2. The present status and future prospect of Civil Aviation Adminstration of China(CAAC) 3. The present status of Chinese aircraft industry 4. Administration of airport and airspace of China 5. Air transport industry of China 6. The design of Korea-China civil aviation cooperation

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.163-186
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• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

• Journal of Christian Education in Korea
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• v.72
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• pp.71-96
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• 2022

The purpose of this study is to analyze the origins and texts of Judaism Mishnah Nashim, to think from the educational theological perspective, to suggest a method to be applied to Christian education, and to analyze human rights issues in relation to women's marriage life. To achieve the goal of this study is first, to analyze the historical process up to the compilation of Mishna Nashim in order to analyze the origin and text of Mishna Nashim, and then, the seven Masekcotts were analyzed from the perspective of the researcher by dividing them into marriage-related civil law, divorce-related civil law, engagement-related civil law, adultery-related civil law, and vow and pledges related civil law in order to analyze the content of the text of Mishna Nashim. Second, in order to analyze Mishna Nashim in educational theology, marriage laws were analyzed by dividing them into brother-in-law marriage system, chastity system of marriage, divorce law, engagement law, adultery law, and vow and pledge law. Third, to apply Mishna Nashim to Christian education, marriage life education were divided into marriage education and divorce education, vow education and pledge education. The conclusion of this study is as follows. First, marriage education is necessary to establish a Christian family. Second, Divorce prevention education is necessary from the Christian point of view. Third, a spiritually healthy vow education must be conducted. Fourth, healthy pledge education is necessary to live as true Christians. As a result, Korean society still has a deep sense of patriarchal authority, and gender equality is still lagging behind. Discrimination, disparagement, taboos for divorce and remarriage, and stereotypes about gender roles of women still exist within the church, therefore, Christianity must provide an alternative solutions solutions.

• Proceedings of the Korea Water Resources Association Conference
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• 2005.09a
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• pp.782-784
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• 2005

• Proceedings of the Korea Water Resources Association Conference
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• 2005.09a
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• pp.297-298
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• 2005

• Journal of Ginseng Culture
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• v.5
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• pp.77-96
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• 2023

This study looks at the origin of a wild-ginseng, Korean ginseng, and traces the origin of associated wild-ginseng digging customs back to the Annals of the Joseon Dynasty. These historical customs helped Korea gain control over its wild ginseng resources following Japanese colonization acts, Korea's present-day forest laws, and Korean Civil Law. Prior to Japanese colonial rule in Korea (1910-1945), ginseng digging was a common custom, but Imperial Japan distorted Korea's own legal principles of the public rights of wild-ginseng digging during this colonial period. Distorted legal principles concerning digging customs continued after Korea's liberation from Japanese rule and were maintained until the enforcement of the Korean Civil Law in 1960, when legal principles of the right of common were changed to special servitude. The origin of the right of common can be found in the Sichojang of the Joseon Dynasty. The Sichojang, a place where local residents jointly collected firewood and fed livestock, was the minimum right to life and interest at the time. Since the right of common was the right to life, Imperial Japan attempted to abolish it, but it was never successful. In addition, distorted legal principles have been maintained in present-day forestry-related laws and regulations. Over 75 years since the liberation from Japanese rule in 1945, it is imperative to break away from the distorted legal principles and acknowledge that digging custom rights have changed from common customs to a special servitude under Korean Civil Law. Hence, an organization of wild-ginseng diggers is an unincorporated association, and their wild-ginseng digging customs can be constituted as a special servitude. Hence, their practices should be considered valid under customary law. Through this, it will be possible to clarify the legal nature and grounds for ginseng-related wild-ginseng digging activities, as well as the civil responsibility for the activities of wild-ginseng diggers.

• Smart Structures and Systems
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• v.22 no.1
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• pp.41-55
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• 2018

Damping ratio and frequency have influence on dynamic serviceability or instability such as vortex-induced vibration and displacement amplification due to earthquake and critical flutter velocity, and it is thus important to make determination of damping ratio and frequency accurate. As bridges are getting longer, small scale model test considering similitude law must be conducted to evaluate damping ratio and frequency. Analysis conditions modified by similitude law are applied to experimental test considering different scale ratios. Generally, Nyquist frequency condition based on natural frequency modified by similitude law has been used to determine sampling rate for different scale ratios, and total time length has been determined by users arbitrarily or by considering similitude law with respect to time for different scale ratios. However, Nyquist frequency condition is not suitable for multimode system with noisy signals. In addition, there is no specified criteria for determination of total time length. Those analysis conditions severely affect accuracy of damping ratio. The focus of this study is made on the determination of minimum analysis conditions for different scale ratios. Influence of signal to noise ratio is studied according to the level of noise level. Free initial value problem is proposed to resolve the condition that is difficult to know original initial value for free vibration. Ambient and free vibration tests were used to analyze the dynamic properties of a system using data collected from tests with a two degree-of-freedom section model and performed on full bridge 3D models of cable stayed bridges. The free decay is estimated with the stochastic subspace identification method that uses displacement data to measure damping ratios under noisy conditions, and the iterative least squares method that adopts low pass filtering and fourth order central differencing. Reasonable results were yielded in numerical and experimental tests.

• Journal of the Korea Society of Computer and Information
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• v.23 no.11
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• pp.167-173
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• 2018

The Korean government announced its goal of commercializing autonomous vehicle by year 2020. With such changes, it is expecting to decrease car accident mortality by half. To commercialize autonomous car, not only worries on safety of autonomous vehicle has to be solved but at the same time, institutional system has to be clear to distinguish legal responsibilities in case of accident. This paper will present the legal improvement direction of the introduction of autonomous vehicles as follows. First, it is necessary to re-establish concept of 'driver' institutionally. Second, it is appropriate to focus on Level 3 autonomous vehicle which is about to be commercialized in year 2020 and organize legal responsibility. Third, we should have a clear understanding on how level 3 autonomous vehicle will be commercialized in the future. Fourth, it is necessary to revise The Traffic Law, Act on Special Cases concerning the Settlement of Traffic Accident, and Automobile Accident Compensation Security Law in line with level 3 autonomous vehicle. Fifth, it is necessary to review present car insurance system. Sixth, present Product Liability Law is limited to movable products (Article 2), however, it is necessary to include intangible product which is software. Seventh, we should review on making special law related to autonomous car including civil, criminal, administrative, and insurance perspectives.