• Korean Security Journal
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• no.26
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• pp.121-144
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• 2011

The Framework Act on the Management of Disasters and Safety 2004(FAMDS) currently underpins Korean civil protection system, and under this FAMDS, Korean civil protection establishes a three-tiered government structure for dealing with crises and disasters: central government, provincial & metropolitan government, and local government tiers. In particular, the concept of Integrated Emergency Management(IEM) emphasizes that emergency response organizations should work and act together to respond to crises and disasters effectively, based on the coordination and cooperation model, not the command and control model. In tune with this trend, civil protection matters are, first, dealt with by local responders at the local level without direct involvement of central or federal government in the UK or USA. In other words, central government intervention is usually implemented in the UK and the USA, only when the scale or complexity of a civil protection issue is so vast, and thus requires a degree of central government coordination and support, resting on the severity and impact of the event. In contrast, it appears that civil protection mechanism in Korea has adopted a rigid centralized system within the command and control model, and for this reason, central government can easily interfere with regional or local command and control arrangements; there is a high level of central government decision-making remote from a local area. The principle of subsidiarity tends to be ignored. Under these circumstances, it is questionable whether such top-down arrangements of civil protection in Korea can manage uncertainty, unfamiliarity and unexpectedness in the age of Risk Society and Post-modern society, where interactive complexity is increasingly growing. In this context, the study argues that Korean civil protection system should move towards the decentralized model, based on coordination and cooperation between responding organizations, loosening the command and control structure, as with the UK or the USA emergency management arrangements. For this argument, the study basically explores mechanisms of civil protection arrangements in Korea under current legislation, and then finally attempts to make theoretical suggestions for the future of the Korean civil protection system.

• 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.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Journal of the Korean Society for Library and Information Science
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• v.38 no.2
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• pp.75-94
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• 2004

The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Journal of Soil and Groundwater Environment
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• v.22 no.3
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• pp.1-9
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• 2017

The numerical analysis of groundwater flow is indispensable for predicting problems associated with water resource development, civil works, environmental hazards, and nuclear power plant construction. Korea lacks public regulatory procedures and guidelines for groundwater flow modeling, especially in nuclear facility sites, which makes adequate evaluation difficult. Feasible step-by-step guidelines are also unavailable. Consequently, reports on groundwater flow modeling have low-grade quality and often present controversial opinions. Additionally, without public guidelines, maintaining consistency in reviewing reports and enforcing laws is more challenging. In this study, the guidelines for groundwater flow modeling were reviewed for three countries - the United States (Documenting Groundwater Modeling at Sites Contaminated with Radioactive Substances), Canada (Guidelines for Groundwater Modelling to Assess Impacts of Proposed Natural Resource Development Activities), and Australia (Australian Groundwater Modelling Guidelines), with the aim of developing groundwater flow modeling regulatory guidelines that can be applied to nuclear facilities in Korea, in accordance with the Groundwater Act, Environmental Impact Assessment Act, and the Nuclear Safety Act.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.111-132
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• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.99-144
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• 2016

The summary of the case is as follows: a Korean passenger booked and purchased a business class ticket from Air France that was scheduled to depart from Paris and arrive in Seoul. When the passenger arrived at the check-in counter, he was told that all business class seats were occupied. It was because the flight was overbooked by Air France. The passenger cancelled the Air France flight and took another air carrier. After arriving in Korea, he brought suit against Air France for damages. The purpose of this article is to discuss the governing law when interpreting the contract of international air carriage in accordance with the Korean Private International Act (2001) and to analyze air carrier's civil liability for the bumped passenger in the overbooking case. If the parties have not chosen the applicable law the contract shall be governed by the law of the habitual residence of the consumer in the following situations: prior to the conclusion of the contract, the opposite party of the consumer conducted solicitation of transactions and other occupational or business activities by an advertisement in that country or conducted solicitation of transactions and other occupational or business activities by an advertisement into that country from the areas outside that country and the consumer took all the steps necessary for the conclusion of the contract in that country or in case the opposite party of the consumer received an order of the consumer in that country [Article 27 (1), (2) of the Private International Act]. Since the contract of international carriage falls into the consumer contract, the Supreme Court viewed that the governing law of the contract in this case would be the law of the habitual residence of the consumer (Supreme Court Decision 2013Da8410 decided on Aug. 28, 2014). This interpretation differs from the article 5 (4) of Rome Convention(80/934/EEC) which declares that the consumer contract article shall not apply to neither a contract of carriage nor a contract for the supply of services where the services are to be supplied to the consumer exclusively in a country other than that in which he has his habitual residence. Even though overbooking can be considered as a common industry practice, an air carrier must burden civil liability in case of breach of contract for the involuntary bumped passenger(Seoul Central District Court Decision 2014Na48391 decided on Jan. 29, 2015). In case of involuntary bumping, an air carrier must offer re-routing to passenger's final destination by an alternative flight. If an air carrier fails to effect performance in accordance with the tenor and purport of the obligation, the involuntary bumped passenger may claim damages(Article 390 of the Civil Code).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• Journal of Advanced Navigation Technology
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• v.28 no.1
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• pp.37-43
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• 2024

National aircraft are subject to exceptions under the International Civil Aviation Convention. Each country must ensure the safety of civil aircraft through reasonable consideration (due regard). Accordingly, the Aviation Safety Act of Korea also includes an exception for national aircraft. However, Korea Coast Guard aircraft are legislated to be subject to the law on five provisions. As Korea Coast Guard aircraft operate under the application of these provisions of international and domestic laws, they will be required to control flight procedures from China's civil air traffic control when flying over provisional action zone, which is international waters in the West Sea. China's demand is a major limiting factor in protecting the safety of the people of Korea, which is the original mission of Korea Coast Guard aircraft, and through this study, countermeasures to solving these problems at the national level were suggested.