• International Journal of Computer Science & Network Security
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• v.22 no.11
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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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.

• The Korean Journal of Emergency Medical Services
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• v.11 no.3
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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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• s.32
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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.

• Korean Security Journal
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• no.9
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• pp.261-288
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• 2005

This paper is concerned on the reality and the effected factors to the help for the victims of crime in the police. In our society the related enacted law and polices for the victim of crime have been practiced, but it was not easy to be helped or supported in some ways. On the contrary the victims have been used as tool of investigation or just the sources of witness on the crime. These days the issue of the victims of crime is one of the most concerned matters to the public, and it turns to on of core issues in the law enforcement community. According to the filed survey for the study, the female and higher level or longer careers than the male and lower level or shorter careers in the police are more positive on the help for the victims of crime. But if the members in the law enforcement community would be trained up with the organized program to fulfill their duties, they could be in positive on the help for the victimes of crime.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.7 no.1
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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.

• Journal of Arbitration Studies
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• v.30 no.3
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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.

• Journal of Korean Association for Spatial Structures
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• v.10 no.1
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• pp.111-117
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• 2010

This thesis draws institutional problem about safety of architectural structure through analysis of architectural structure regulation. The law of analysis target are building codes, enforcement ordinance of building codes, enforcement regulations of building codes, regulation for structure standards of building, building structure standards. The analysis showed there are imperfections in confirmed procedural application of structure safety and suggested reformation. It's necessary to make supplementary policies for the suitability of the term use and the structure safety certificate of compliance, establishing a special structure code.

• Journal of the Korean Society of Safety
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• v.16 no.4
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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.

• Proceedings of the Korea Contents Association Conference
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• 2008.05a
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• pp.236-241
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• 2008

The Police are classed special service on civil service system. Most of special service officers are applied special personnal law. It is for this reason that organization and mission are different from general public officials. The police performance evaluation is enforced in dissimilar form with another civil services for these cause. This study proposed to verification formality about appraisal result to desirable operation of police performancce evaluation system. At system enforcement early, it may be desirable that verification is limited finally supervisors rating.