• Journal of Arbitration Studies
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• v.20 no.1
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• pp.41-65
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• 2010

It is a matter for debate that which types of dispute may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. National laws establish the domain of arbitration. Each state decides which matters may or may not be resolved by arbitration in accordance with its own political, social and economic policy. In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. For the promotion of fair and free competition, it is increasingly wide-ranging antitrust legislation across the world. It is matter for debate what can an arbitral tribunal do when confronted with an allegation that the contract under which the arbitration is brought is itself an illegal restraint of trade or in some other way a breach of antitrust law. The underlying question is how to accommodate the conflicting congressional policies favoring resolution of private controversies by arbitration and encouraging private suits to protect the public interests served by the antitrust laws. It is necessary to inquire into the arbitrability of antitrust issues on case-by-case basis, because the types of them are quite diverse. If antitrust issues are the dispute in private laws and the contracting parties agreed to submit to arbitration disputes which have arisen or which may arise between them in the antitrust issues, the antitrust disputes are arbitrable. Not only international antitrust disputes but also domestic antitrust disputes are capable of being resolved by arbitration. When the public interests in the enforcement of antitrust legislation are asserted, it is possible to justify the annulment or the refusal of the recognition or the enforcement of an arbitral award that ignores public policy as a matter of it.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.1
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• pp.47-52
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• 2011

On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.34 no.3
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• pp.37-58
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• 2023

The purpose of this study is to find ways to improve the legal system for supporting libraries for the disabled. For the stdy, related precedent studies were historically analyzed, and the legal definition of libraries for the disabled and related laws were discussed. Through this, it was confirmed that the current 「Library Act」 does not have sub-regulations of the Enforcement Decree and Enforcement Rules supporting the regulations related to library support for the disabled, and the 「Welfare of Persons with Disabilities Act」 replaces them. In addition, through research on the current status of libraries for the disabled and interviews with field workers in libraries for the disabled, the need for improvement of the legal system related to libraries for the disabled was confirmed. In conclusion, three improvement plans for supporting libraries for the disabled were proposed as follows: First, the definition and duties of libraries for the disabled through the 「Library Act」; second, preparation of regulations on support for library services for the disabled and fulfillment of duties through the 「Enforcement Decree of the Library Act」; third, through the 「Library Act」 and 「Enforcement Decree of the Library Act」, standards for facilities, collections and manpower of libraries for the disabled are presented.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.3-37
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• 2006

This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

• International Journal of Computer Science & Network Security
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• v.22 no.12
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• pp.85-90
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• 2022

The article is devoted to the consideration of the features of the application of criminal and legal countermeasures against cybercrime in the conditions of martial law. While conducting this research, we found an opportunity to formulate the author's recommendations for solving the most complex law enforcement problems, as well as to propose changes to the Criminal Code of Ukraine aimed at eliminating the flaws of the analyzed Law, the adoption of which will contribute to the achievement of higher efficiency of the relevant criminal law prescriptions. It is argued that the removal of the previously existing in the footnote of Art. 361 of the Criminal Code of a fundamentally important caveat regarding the fact that when assessing "significant damage", the mentioned property equivalent was to be taken into account only when such damage consisted in causing material damage, which led to a significant and unjustified narrowing of the scope of potential application of Part 4 of Article 361 of the Criminal Code.

• The Journal of Korean Physical Therapy
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• v.28 no.2
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• pp.128-135
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• 2016

Purpose: The aim of this study was to compare the "Physical Therapist and Occupational Therapist Act" of Japan and the "Medical Technician's. Etc. Act" of Korea in order to establish the grounds for improvement of effective law-making. Methods: We obtained the "Medical Technician's. Etc. Act" from the Korean Ministry of Government Legislation and the "Physical Therapist and Occupational Therapist Act" from the Japanese Ministry of Health, Labor and Welfare. It was translated from an association by related Japanese and experts. Results: The laws consisted of acts, enforcement ordinances, and enforcement regulations in both Korea and Japan. In the Korean case, eight occupations were defined in one law including six types of medical technicians, as well as medical recorders and opticians. The "Physical Therapist and Occupational Therapist Act" in Japan is composed of 6 chapters and 22 articles, while the Korean Act consists of 33 articles without chapters. Among them, 11 articles covered the establishment and management of dental laboratories and eyeglass shops, and only 22 articles were related to physical therapists and occupational therapists. Conclusion: Independent laws should be established for each type of medical technician. They must be comparable to Japanese laws on physical therapists and occupational therapists as well as clinical pathologists, dental hygienists, dental technicians, radiologic technologists, medical recorders, and opticians.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.9
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• pp.31-37
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• 2020

The purpose of this research study is to examine the stock market's response to terrorist attacks. The study uses data of terrorist attacks in different parts of the country (Pakistan) from June 1, 2014 to May 31, 2017. The event window procedure applies to a 16-day window in which 5 days before and 10 days after the attack. In addition, several event windows have been built to test the response of the Pakistan Stock Exchange. KSE-100 index is taken as proxy of response. The total terrorist attacks are classified into four categories: attacks on law enforcement agencies, attacks on civilians, attacks on special places and attacks on politicians, government employees and bureaucrats. The standard market model is used to estimate the abnormal return of the Pakistan Stock Exchange, which takes 252 business days each year. Furthermore, BMP test is used to check statistical significance of cumulative abnormal rate of return (CAAR). The results of this study reveal that total number of terrorist attacks and attacks on law enforcement agencies show long-term effects on Pakistan stock exchange. However, attacks on civilians, attacks on special places and attacks on politicians, government employees and bureaucrats have little effect on the Pakistan Stock Exchange.

• Journal of Environmental Science International
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• v.13 no.10
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• pp.871-882
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• 2004

Korea's national park system resembles that of Japan in many ways. In this study, National park Systems of the two countries are compared from a standpoint of their historical backgrounds to be formed and in aspect of its conservation by the main revision of national park laws in perspective. In conclusion it was found out that Korea's toleration-based regulations on building park amenities have gradually neglected the park conservation effort, whereas Japan's authorization-oriented regulations have streng thened their emphasis on park conservation. From the comparison as above, the polices to be modified for Korean national park are proposed as follows: 1. National park system, which values diversity of species, is to be proposed. For this, the Article 8 which allows a development of National parks, Enforcement Ordinance Article 4, The Article 18 of Law, Enforcement Regulation Article 6 & 7 of National Park Law should be reviewed for deletion and revision. 2. On the basis of the laws, zoning system should be readjusted by discriminated conservation policy. Also, the readjustment of zoning system should be enforced after thorough analysis and research on the value of natural resources in the national park. 3. Korea should closely review the recently revised Japanese laws on the national parks and nature revitalization promotion for applying them to conservation policy of Korean national parks.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.27 no.5
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• pp.1141-1147
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• 2017

An unmanned aerial vehicle(UAV), commonly known as a drone, is an aircraft without a human pilot aboard, which is operated by wireless device. A drone provides the capability for the aerial search and traffic control as a police equipment. It has benefits for the missions for the aerial photography with the high resolution camera which can replace eye-dependent search processes. Moreover it has advantage of retrieving several times for the recorded videos. However, if the law enforcement agency misuse and overuse a drone for investigations and search missions without certain regulations and principles, it breaches privacy and personal information infringement. In this paper, we issue a lawful challenges on drone operations and discuss solutions to those challenges.

• Electronics and Telecommunications Trends
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• v.36 no.6
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• pp.46-54
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• 2021

Drone remote identification (ID) capability is essential to ensure public safety, help law enforcement, and secure the safety and efficiency of the national airspace. Remote ID technology can be used to differentiate compliant drones from illegal drones that pose a potential security risk by providing airspace awareness to the civil aviation agency and law enforcement entities. In addition, the increased safety and efficiency obtained by mandating remote ID will make it possible to operate drones over populated areas and beyond visual lines of sight. In addition, remote ID will allow drones to be safely integrated into unmanned traffic management systems and the national airspace. Remote ID devices can be categorized by type, i.e., broadcast remote ID or network remote ID. The broadcast remote ID, which has high technical maturity and will be applied in the near future, is primarily considered to ensure the security of drones. The network remote ID, which is being developed and tested and will be applied in the distant future, can be used additionally to ensure the safety and the efficiency of the national airspace. In this paper, we analyze the trends on regulation and standardization activities for drone remote ID primarily in the United State and Europe.