• Journal of Arbitration Studies
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• v.23 no.1
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• pp.1-23
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• 2013

When a court recognizes an arbitral award, it acknowledges that the award is valid and binding, and thereby gives it a set of effects similar to those of a court's judgment, among which res judicata is the most important. The res judicata effect of an arbitral award generally forbids parties to an action from subsequently litigating claims that were raised in a prior arbitration. In common law countries, res judicata may also preclude re-adjudication of issues raised and decided in a prior arbitration. The Korean Arbitration Act acknowledges the rights of parties to an arbitral award to seek not only an enforcement judgment but also a recognition judgment on an arbitral award. Therefore, the question arises whether or not the winning party in an arbitration must acquire a recognition judgment on the arbitral award in order to enjoy the effects of a recognized award. However, according to the case law and generally accepted views, an arbitral award is automatically recognized without any additional procedure, as long as it satisfies the requirements for recognition. Therefore, in order to resolve this question, it is desirable to eliminate the statutory clause that stipulates the right to seek recognition judgment.

• Journal of the Korean Society of Marine Environment & Safety
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• v.7 no.3
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• pp.93-106
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• 2001

Whether a ship is sub-standard or not shall be finally decided by the minimum standards laid down in international conventions or national standards having the same effects. The flag State is primarily responsible for implementing these standards as far as its own ships are concerned. And the port State shall, in the exercise of its rights under international law, take appropriate measures (including detention of ships identified as sub-standard), which are regarded as port State's supplementary role aiming at implementing these standards. The international standards are implemented by the regional co-operation in the form of the MOU(Memorandum of Understanding) on Port State Control in the Asia-Pacific Region on the ground that the PSC enforcement of only one country does not enable the eradication of sub-standard ships. Recently, EQUASIS which is an international database covering the whole world fleet change the regionalism of PSC into the globalization of PSC. However, there are many problems in Tokyo MOV and Korean PSC regime. In order to ensure the implementation of the standards laid down in international conventions and Tokyo MOU, the Korean and other country in Asia-Pacific shall settle the alienation from the actuality of the law, namely the problem of maritime administrative structure of non unifying PSC affairs.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.55-84
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• 2005

The arbitral award is the decision of the arbitrators on the dispute that had been submitted to them by the parties, either under the arbitration clause providing for the determination of future disputes or under submission of an existing controversy. The arbitral award has the same effect between the parties as a final and binding court judgment. The arbitration award shall acquire, as soon as it is given and delivered to each parties, the authority of res judicata in respect of the dispute it settles. The validity of an award is a condition precent for its recognition or enforcement. The validity of an award depends on the provisions of the arbitration agreement including any arbitration rules incorporated in it, and the law which is applicable to the arbitration proceedings. Such provisions usually address both the form and the content of the award. As the 'form', requires article 32 of Arbitration Act of Korea that an arbitral award should, at least, (1) be made in writing and be signed by all arbitrators. (2) state the reasons upon which it is based unless the parties have agreed that it should not, (3) state its date and place of arbitration. There are some further requirement which may have to be observed before an award which has been made by a tribunal can be enforced. (4) The duly authenticated award signed by the arbitrators shall be delivered to each of the parties and the original award shall be sent to and deposited with the competent court, accompanied by a document verifying such delivery. This rule can be interpreted as if the deposit of an arbitral award with the competent court is always required as a condition for its validity or as a preliminary to its enforcement in Korea. However, we must regard this rule which requires the deposit of an arbitral award with court, as rule of order, but not as condition of its validity. Because that the date on which the award is delivered to each party is important as it will generally determine the commencement of time limits for the making of any appeal which may be available. Furthermore, the party applying for recognition or enforcement merely has to supply the appropriate court with the duly authenticated original award or a duly certified copy thereof, not any document which proves that an the arbitral award is sent to and deposited with the competent court. In order to avoid some confusion which can be caused by its interpretation and application, the Article 32 (4) of Arbitration Act of Korea needs to be abolished or at least modified.

• Korean Journal of Health Education and Promotion
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• v.16 no.2
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• pp.19-40
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• 1999

In order to ascertain the attitudes of residents to their health and the National Health Promotion Law, surveyors interviewed 1,220 subjects, 1% of men and women in Kyungsan city, who were twenty-year-old or more. The major findings are as follows: Men and women were 48.2% and 51.8%, respectively. The recognition rate of enacting and enforcing this law is 59.2% of men and 51.3% of women. With regard to the behavioral attitude to the health in the distinction of sex and age, current smokers are 31.2% of the interviewees, 61.6% of the men and 3.3% of the women. Current drinkers are 35.1%, 59.5% of the men and 12.3% of the women, but on the other hand there is little significance in the distinction of age. The acknowledgement proportion of enacting and enforcing this law is 59.2% of male and 51.3% of female. In terms of the recognition rate of the contents according to the general characteristics of interviewees, it appears that the indication of a warning expression on a packing paper of cigarette case and a liquor bottle is 92.4% and also the designation of a smoking free area in public facilities is 94.8%. Prohibition of cigarette-sale to the teenagers who are under 19, is 96.0%. Considering these facts, the recognition rate is high. On the contrary, 48.8% is accounted for encouraging a medical check-up before marriage which is in a low position. As a result of multiple behavior as a independent educational level, marital significant variables. In case of having undergone a periodic medical examination the recognition rate was high whereas frequent exercise led to the low recognition rate. Concerning the details of the undertaking in accordance with each factor of general characteristics, the greater part of them have been appraised successfully whether it is recognized or not. On the other side, no effect got answered about the result of the undertaking subjects to general and peculiar behavior attitude towards health was in effect or not. A great majority approved of more reinforcement of legal regulation about smoking and drinking regardless of whether they perceived the details of the law of promotion of National Health Promotion Law or not. Additionally there was significant difference in reinforcing legal regulation of smoking and drinking in compliance with the attitude of the substance of this law. With regard to education, public relations and evaluation about national health through public health centers by our government, the younger and the higher in education they are, the more deficient they feel. First of all, those who were aware of the enforcement of this law as well as plenty of scarcity answered that better service of disease prevention had to be expanded than ever. In consideration of the above-stated results, the education to public health and the business of public relations should be reinforced and a practical campaign for health life should also spread out for the purpose of encouraging to practise healthy life-style.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.103-127
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• 2008

This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.359-395
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• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• International Commerce and Information Review
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• v.5 no.2
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• Journal of the Korean Society of Safety
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• v.31 no.5
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• pp.117-123
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• 2016

After the Se-wol ferry disaster in Korea, the safety issue was highly spotlighted in a number of media, and consequently the ministry of public safety and security was newly established under the public attention. In addition to this, a recent earthquake in Gyeonju suggested the training issues for public such as evacuation and public safety. Regarding the industry, one of significant reasons causing the accidents were inadequate training, in execution of safety manual or inexperienced first response. Although the engineering or scientific study provided a basis of the industry safety and health in Korea a study focusing on the safety and health education system should be highlighted in that the law is the only way to execute the policy. In this manner, the goal of current study was to compare the safety and health education system in Korea to other countries including America, England and Germany. Especially, the law for training method, contents, supervision and punishment was analyzed. Result showed (1) lack of a structured training course for educating safety and health education trainer, (2) no training system of safety and health education to public or workers, and (3) less specific law for supervision and punishment as compared to the America, England and Germany.

• Korean Journal of Geomatics
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• v.3 no.1
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• pp.73-79
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• 2003

To manage national territory and cadastral data efficiently, accuracy and cost-efficiency in cadastral boundary surveying is inevitable. The efficient management of cadastral data is a very important element in national land management. Survey techniques are being introduced. Recently, improvements in survey techniques have been made with the development of satellite surveying, Allowing accurate and fast surveys. If we can calculate the output accurately in real-time in survey fields, it will open a new method in cadastral detail surveying. According to the classification on Law of cadastral surveying, Cadastral surveying can be divided into cadastral control point surveying and cadastral detail surveying. The control point survey can be divided into cadastral triangulation surveying and cadastral traverse surveying. The detailed survey is usually perform by plane surveying. Among these, cadastral detail surveying will be reviewed in this study. In this study, the combination of the satellites, such as US managed GPS and Russian managed GLONASS was used. In the satellite survey in downtown, data interruption symptoms arose(according to the mask angle of the satellite). Therefore; we combined the satellites to get date more accurately. A block of Haewoondae New City in Busan, Korea, which has Numerical Cadastral Law was selected as the sample area for this study. Block II and III are surrounded by high rise apartments. One side of Block I and IV is level ground and the other side is full of high rise apartments. Especially, Block II is surrounded by high rise apartment houses with 20 meters width. In the results of the study Block II did not satisfy the allowable precision, while Block I, II and IV satisfied the allowable precision of the enforcement regulations of Cadastral Law. Therefore, it is judged that the traditionally used Total Station method should be used for supplementary survey on Block II, in stead.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.49-74
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• 2012

This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.