• International Journal of Computer Science & Network Security
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• 제22권11호
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• pp.229-235
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• 2022

This study aims to substantiate an interdisciplinary methodology for automated analysis and qualitative assessment of legislation and court decisions. The development of this kind of methodology will make it possible to fill a number of methodological gaps in various research areas, including law effectiveness assessment and legal monitoring. We have defined a methodology based on the interdisciplinary principles and tools. In general, it should be noted that even at the level of qualitative assessment made with the use of the methodology described above, the accumulation of knowledge about the relationship between legal objectives, indicators and computer methods of their identification can reduce the role of expert knowledge and subjective factor in the process of assessment, planning, forecasting and control over the state of legislation and law enforcement. Automation of intellectual processes becomes inevitable in a digital society, but, releasing experts from routine work, simultaneously reorients it to development of interdisciplinary methods and control over their application.

• 무역상무연구
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• 제38권
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• pp.155-180
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• 2008

The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

• 한국응급구조학회지
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• 제11권3호
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• pp.17-30
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• 2007

Accidents occur frequently and that the date of the emergency situation and the people a good quality of life to actively respond to the emergency scene in the line of business activities and given their lives silently. 1st EMT's is currently the most jobs in the ability to work within a hospital that can be verified by expanding employment opportunities than the rate of youth unemployment and a sharp alleviate part of the current emergency medical institution performing the duties within the contents of this communication in a Emergency patients reflected in the rates for schools that can be revitalized as part of the emergency medical system(part of the emergency medical workers) for the completion of the law concerning emergency care, if you want the current laws and enforcement rules are to be improving. Under the current provisions in law concerning emergency care, and enforceable rules on enforcement issues and identify practical issues for consideration and improvements to enumerate the reasons for the demotion, the following conclusions can be sure until they improve. In addition, the National Assembly recently passed a bill AED use, and enforceable rules to enforce party that can teach AED necessarily a grade, including 1st EMT's to protect people's lives and to actively deal with the emergency situation so that it can be. Resolving these issues in the country where the emergency medical system can create a foundation for the advancement of emergency patients can get a good length of life, opens.

• Strategy21
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• 통권32호
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• pp.97-122
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• 2013

The basic stance of the Republic of Korea Ministry of Foreign Affairs was 'quiet diplomacy'. However, there had been demands for specific plans for practical protection of Dokdo. In 2011, Prime Minister Kim Hwang Sik mentioned that they are reviewing measures of stationing marines on Dokdo, while on August 10th, 2012, former president Lee Myung Bak visited Dokdo. The visit itself was meaningful as he was the first supreme commander to visit Dokdo. This paper studies on the necessity of naval power on Dokdo to maintain its effective control. The effective control must be done by a national organization in a peaceful and unimpaired method. If so, can stationing naval power, whether directly or indirectly, on Dokdo be considered a violation of 'peaceful' method? A 'peaceful' effective of control meas the right of sovereignty over a territory without other country's protest. In such terms, protecting a territory falls under practicing the right of sovereignty, and therefore does not violate 'peaceful'. In addition, looking at international cases such as Ligitan/Sipadan Case and Pedra Blanca Case, evidences such as 'navy activity', 'flyng ensign', and 'military communication facility installation' was used. In ter case of Yemen-Eritrea dispute over Hanish, methods on effective control over island and sea was also ruled by the installation of military posts and military surveillance activities. Thus, stationing naval power on Dokdo can be a way of maintaining effective control per international law. To station naval poer on Dokdo, Presidential Instruction 24 integrated Defense Guideline Enforcement Ordinance, which is domestic law, must be revised. Reason being, the Enforcement Ordinance states that the navy area of responsibility excluded Ullundo, where Dokdo is under jurisdiction of Ullungdim thus excluding navy control. In addition, considering the diplomatic situation, it is more fut to install navy radar site on Dokdo rather than 'stationing marines'. In other words, enforcing surveillance in the vicinity of Dokdo and installing radar site instead of stationing direct combatants is one way of practicing effective control without stimulating diplomatic disputes.

• 시큐리티연구
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• 제9호
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• pp.261-288
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• 2005

본 연구는 피해자보호정책에 영향을 미치는 요인을 인구사회학적 특성에 따라 비교해 보고, 아울러 이 요인들이 범죄피해자보호에 어떠한 영향을 미치는가를 밝히는 것이 연구 목적이다. 그 결과를 보면 다음과 같다. 조직학습에 대한 인구사회학적 변수와 직무만족의 영향을 보면, 인구사회학적 변수에서는 근무지를 제외한 나머지 변수들은 직무몰입과 근무지향 그리고 직무만족에 대체로 유의미한 영향을 미치지 않지만, 조직학습의 요인들은 대체로 직무몰입과 근무지향 그리고 직무만족에 유의미한 영향을 미치는 것으로 나타났다. 즉, 조직구조의 신축성이 높을수록, 학습문화의 정도가 높을수록 그리고 시스템적 사고를 할수록 직무만족이 높은 것이다. 피해자보호정책 대응은 여성 그리고 경찰청에 근무하며 월평균수입이 높을수록 피해자 보호 정책 대응에 보다 적극적인 것이라고 할 수 있다. 따라서 여성 경찰공무원의 고용과 월평균 수입을 높임으로써 경찰공무원으로 하여금 피해자보호정책에 보다 적극적으로 대응할 수 있게 할 수 있을 것이다. 다음으로 조직학습, 직무마족의 영향을 보면, 조직학습이 직접적으로 피해자보호정책 대응에 영향을 준다기 보다는 직무만족을 통해 간접적으로 영향을 미치고 있기 때문이라고 생각한다. 따라서 조직학습을 통하여 직무만족을 높임으로써 피해자보호 정책에 보다 적극적으로 대응할 수 있게 할 수 있다는 생각이다.

• 한국환경복원기술학회지
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• 제7권1호
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• pp.85-96
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• 2004

The purpose of this study is to present the legal object in the related legislation taking the present condition of the domestic laws and the leading cases connected with ecological restoration materials and analyzing their properties according to the analytic standards which are legal class and ecological restoration material items, the present condition by the field of ecological restoration business, interrelationship between the law and the leading cases, comparison of the domestic laws with the foreign regulations. The results of this study are as follows; 1) Detailed enforcement regulation(36.5% of totals), enforcement regulation(32.4%) and law(31.1%) as legal class of the domestic legislation relating to ecological restoration materials are in the order of frequency that shows the little strong frequency at low-ranking class. By items, the number of legislation relating to planting material holds about majority, next to it, stone material, soil material and wood material are in the order of frequency. 2) By the field of ecological restoration business, legislation relating to administration forms the highest frequency(36.3% of totals), next to it, material properties(23.4%), plan design(13.0%) are in the order of frequency. 3) For the number of the leading cases by items of ecological restoration materials, those are, for the most part, them relating to planting material(93.8% of totals). The number of legislation relating to planting material forms the highest frequency at laws and the leading cases in common. 4) The domestic legislation connected with ecological restoration materials is mainly to be in legal class of the positive law, on the contrary, a foreign country has legislation widely consisted of laws, ordinances and other general regulations. Some foreign country legislated the topsoil conservation act, but not to domestic. The result of this study will be applied to legislature and court as reference materials, and to the public and public officer as a means of an understanding of ecological restoration materials.

• 한국중재학회지:중재연구
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• 제30권3호
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• pp.21-45
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• 2020

The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.

• 한국공간구조학회논문집
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• 제10권1호
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• pp.111-117
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• 2010

본 논문은 건축구조 관련규제를 검토하여 분석함으로서 건축구조 안전에 대한 제도적 문제를 도출하고자 하였다. 분석대상 법령으로는 건축법과 동시행령, 동시행규칙, 건축물의 구조기준 등에 관한 규칙 건축구조기준을 대상으로 하였다. 분석결과로는 구조안전의 확인 절차상의 적용에 미비점이 있는 것으로 분석되어 개선방안을 제시하였다. 보완사항으로는 용어사용의 적합성과 구조안전확인서 적용의 적합성, 특수구조의 건축구조기준 제정이다.

• 한국안전학회지
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• 제16권4호
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• pp.134-139
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• 2001

The Risk assessment regulation(RAR) is one of the essential articles of the Occupational safety and health law for the construction industry along with safety and health management expense and safety organization regulation. However, arguments regarding the working time of the safety assessment documents, the person in charge of documentation, weakness in legislative enforcement etc. are ongoing. Thus this study aims to analyze the effectiveness of RAR for the guidance of enhancing the effectiveness of RAR. The findings are; 1) the effectiveness of RAR is recognized, however the indirect effectiveness ie, enforcement of safety activities, previewing of drawings etc. are bigger than the direct effectiveness of accident prevention, 2) to enhance the effectiveness of RAR site inspection procedure has to be utilized, 3) further research for identifying and getting rid of negative factors in RAR is recommended.

• 한국콘텐츠학회:학술대회논문집
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• 한국콘텐츠학회 2008년도 춘계 종합학술대회 논문집
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• pp.236-241
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• 2008

경찰공무원은 공직의 체계상 특정직으로 분류된다. 대부분의 특정직은 별도의 인사법규에 근거하여 개별적 인사행정이 이루어지고 있다. 조직과 임무가 특수한 만큼 일반직에 대한 인사행정을 적용햐는데 한계가 있기 때문이다. 경찰 근무성적평정도 이러한 논리로 타 공직과는 상이한 형태로 실시되고 있다. 본 연구에서는 경찰 근무성적평정 제도의 보다 바람직한 운영을 도모하기 위해서 평정결과에 대한 검증절차를 도입할 것을 제안하였다. 다만, 제도시행 초기에는 검증대상을 최종 평정권자의 결과만으로 한정하는 것이 바람직할 것이다.