• Journal of Arbitration Studies
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• v.20 no.2
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• pp.91-130
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• 2010

This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.323-361
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• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

• Korean Journal of Heritage: History & Science
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• v.51 no.4
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• pp.254-275
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• 2018

Taiwan and Korea have common memories of colonization by Japan. Therefore, for researchers studying colonial times, the two countries are becoming good comparative studies. In this article, a comparison of cultural properties systems between Taiwan and Joseon revealed the following. First, from a legal point of view, Japan's internalism was reflected to some extent in Taiwan. Accordingly, Taiwan's "Enforcement regulations for Historical scenic spot scenic natural monument storage method(short, Enforcement regulations)" was subordinate to Japanese law, and the Joseon's "Enforcement ordinances for Treasure and Historical scenic spot scenic natural monument storage method in Joseon(short, Enforcement ordinances)" was less than the preservation order of Taiwan. But it is not possible to equate the two differences to Japan's oppressive levels. Second, while the Joseon's "Enforcement ordinances" enactment referred to relevant laws that were promulgated in Japan, it is highly likely that Taiwan's "Enforcement regulations" When establishing Joseon's "Enforcement ordinances" order, it is reasonable to assume that all laws concerning cultural properties of Japan and Taiwan were taken into consideration. Third, the difference between Taiwan and Joseon in the quantity and content designated as cultural properties was huge. The difference in the designated quantity between Taiwan and Joseon was the difference between traditional cultural resources between the two regions, which led to 14 times more cultural properties designated in Joseon than in Taiwan. And while nearly half of Taiwan's history was the vestiges of Japan's ruling power, few of the ancient sites designated by the Joseon had traces of Japanese ruling forces. This is the result of a difference in the views that the two powers had on cultural properties.

• The Journal of Fisheries Business Administration
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• v.33 no.2
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• pp.31-48
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• 2002

This paper is aimed to analyze how to evaluate the choice of optimal management measures and level of control in fisheries management under the costly and imperfect management system by comparing with costless and perfect management system that is commonly assumed in the analysis of fisheries regulations. Fishermen would set the level of fishing efforts at the point where the marginal fishing profit for fishing effort is equal to the marginal level of fine under costly and imperfect management system. Therefore, under the case where the marginal fishing profit is higher than the marginal level of fine, the level of fishing efforts would be made at the point which is higher than the level of fishing efforts made under costless and perfect management system and is not a point where the economic profit is maximized in regulated fisheries. From this conclusion, the fishermens avoidance activities against regulations as well as the level of control in fisheries management substantially have an influence on the choice of fisheries management instruments. According to the analysis of optimal fisheries management policy, the economic profits in regulated fisheries are determined by the level of fisheries enforcement costs and total fishing profits, in which as enforcement costs increase the economic profits decrease. In addition, the economic profits vary in response to the level of control in avoidance activities. That is, as avoidance costs decrease, the economic profits increase. The determination of optimal level of control in fisheries management should be made at the point where the marginal regulation costs are equal to the marginal profits from regulated fisheries, in which marginal regulation costs are different according to the type of management measures. And the level of profits changes in response to different levels of avoidance activities. The management measure that can maximize the difference between the marginal regulation costs and marginal profits from regulated fisheries should be chosen as an optimal fisheries management instrument.

• Safety and Health at Work
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• v.4 no.1
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• pp.52-62
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• 2013

Objectives: To investigate the association between psychological distress and obesity among law enforcement officers (LEOs) in the United States. Methods: Self-reported data on psychological distress based on six key questions were obtained from LEOs who participated in the National Health Interview Survey (2004-2010). We used Prochaska's cut-point of a Kessler 6 score ${\geq}5$ for moderate/high mental distress in our analysis. Mean levels of body mass index (BMI) were compared across three levels of psychological distress. Results: The average age of LEOs (n = 929) was 39.3 years; 25% were female. Overall, 8.1% of LEOs had moderate or high psychological distress; 37.5% were obese (BMI ${\geq}30$). Mean BMI increased with increasing psychological distress (no distress, BMI = $27.2kg/m^2$; mild distress, $27.6kg/m^2$; and moderate/high distress, $33.1kg/m^2$; p = 0.016) after adjustment for age, race, income, and education level among female officers only. Physical activity modified the association between psychological distress and BMI but only among male LEOs (interaction p = 0.002). Among male LEOs reporting low physical activity, psychological distress was positively associated with BMI ($30.3kg/m^2$ for no distress, 30.7 for mild distress, 31.8 for moderate/high distress; p = 0.179) after adjustment, but not significantly. This association was not significant among males reporting high physical activity. Conclusion: Mean BMI significantly increased as psychological distress increased among female LEOs. A longitudinal study design may reveal the directionality of this association as well as the potential role that physical activity might play in this association.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.131-149
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• 2000

In connection with international commercial arbitration the need to seek interim relief is generally recognized. Interim reliefs address the requirements of a party for immediate and temporary protection of rights or property pending a decision on the merits by the arbitral tribunal. The most common forms of interim relief are attachments and injunctions. If the arbitral tribunal has not yet been appointed, an application for interim relief must usually be addressed to the local courts at the place of commercial arbitration. If the arbitral tribunal has been appointed, the application for interim relief is first made to the arbitral tribunal. Interim relief by the arbitral tribunal is in the form of a direction to the parties. Since the arbitral tribunal has no enforcement power, it may be necessary to have a arbitral tribunal's direction confirmed by a local court which can enforce its order. The New York Convention does not provide for interim reliefs. The question is whether Article II(3) of the New York Convention that the court "shall, at the request of one of the parties, refer the parties to arbitration" denies jurisdiction to courts to grant interim reliefs in international commercial arbitration. Some cases have indicated that the U. S. court have no power to grant interim relief. Other cases have indicated that the U. S. courts do have the power to grant interim relief. It is unlikely that a U. S. court will order interim relief in relation to an commercial arbitration in a foreign country. Article 26 of the UNCITRAL Arbitration Rules provides with respect to interim measures of protection. Section 1 of Article 26 of UNCITRAL Arbitration Rules provides that the arbitral tribunal may take any interim measures it deems necessary in respect of the subject matter of the dispute, including measures for the conservation of the goods forming the subject matter in dispute. This article gives the arbitral tribunal the broadest authority, not limited to safeguarding property. Article 17 of the UNCITRAL Model Law on International Commercial Arbitration provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. It may be noted that the article does not deal with enforcement of such measures. The International Chamber of Commerce Rules of Conciliation and Arbitration do not expressly empower the arbitral tribunal to grant interim reliefs. However, Article 8.5 of the ICC Rules of Conciliation and Arbitration provides that the parties shall be at liberty to apply to any competent judicial authority for interim measures. In conclusion, the power of the arbitral tribunal to provide interim reliefs is generally recognized in the arbitration rules of arbitral institutions. However, the arbitral tribunal's authority is limited by its lack of enforcement mechanisms. It is generally recognized that the local courts have power to grant interim reliefs in aid of an commercial arbitration. However, local courts are reluctant to grant interim reliefs if that decision requires an adjudication of issues within the special competence of the arbitral tribunal.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2018.10a
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• pp.593-596
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• 2018

The speed of vehicles has remained a significant factor that influences the severity of accidents and traffic accident rate in many parts of the world including South Korea. This behavior where drivers drive at speeds which exceed a posted safe threshold is known as 'speeding'. Over the past twenty years, the Korean National Police Agency (NPA) has become aware of an increased frequency of drivers who are speeding. Therefore, fixed-type ASE systems [1] have been installed on hazardous road sections of many highways. These system monitor vehicle speeds using a camera. However, the use of ASE systems has changed the behavior of the drivers. Specifically, drivers reduce speed or avoid the route where the cameras are mounted. It is not practical to install cameras at every possible location. Therefore, it is challenging to thoroughly explore the location where speeding occurs. In view of these problems, the author of this paper designed and implemented a prototype visualization system in which point and color are used to show vehicle location and associated over-speed information. All of this information was used to create a comprehensive visualization application to show information about vehicle driving. In this paper, we present an approach detecting vehicles moving at speeds which exceed a threshold and visualizing the points those violations occur on a map. This was done using vehicle trajectory data collected in Daegu city. We propose steps for exploring the data collected from those sensors. The resulting mapping has two layers. The first layer contains the dynamic vehicle trajectory data. The second underlying layer contains the static road networks. This allows comparing the speed of vehicles on roads with the known maximum safe speed of those roads, and presents the results with a visualization tool. We also compared data about people who drive over threshold safe speeds on each road on days and weekends based on vehicle trajectories. Finally, our study suggests improved times and locations where law enforcement should use monitoring with speed cameras, and where they should be stricter with traffic law enforcement. We learned that people will drive over the speed limit at midnight more than 1.9 times as often when compared with rush hour traffic at 8 o'clock in the morning, and 4.5 times as often when compared with traffic at 7 o'clock in the evening. Our study can benefit the government by helping them select better locations for installation of speed cameras. This would ultimately reduce police labor in traffic speed enforcement, and also has the potential to improve traffic safety in Daegu city.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• Fire Science and Engineering
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• v.22 no.5
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• pp.105-111
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• 2008

Improvement of fire investigation system is required to supplement problem that can happen after product liability law enforcement of our country. This treatise searches special quality of inside and outside of the country fire investigation that was enforced present with theoretical background of manufacture water responsibility law and compared. And is based and grasped objective and hangup in police fire investigation, fire fighting fire investigation, engine fire investigation of private fire judgment. By improvement way accordingly first, proposed fire emotion connection studies and establishment and connoisseurship qualification system establishment etc. in the common people private fire diet, judgment, analysis company's necessity second, fire fighting of fire investigation system, police's member anger third, college.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.2
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• pp.591-608
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• 2023

With the emergence of advanced encryption technologies such as Quantum Cryptography and Full Disk Encryption, an era of strengthening information security has begun. Users respond positively to the advancement of privacy-enhancing technology, on the other hand, investigative agencies have difficulty unveiling the actual truth as they fail to decrypt devices. In particular, unlike past ciphers, encryption methods using biometric information such as fingerprints, iris, and faces have become common and have faced technical limitations in collecting digital evidence. Accordingly, normative solutions have emerged as a major issue. The United States enacted the CLOUD Act with the legal mechanism of 'Contempt of court' and in 2016, the United Kingdom substantiated the Compelled Decryption through the Investigatory Powers Act (IPA). However, it is difficult to enforce Compelled Decryption on individuals in Korea because Korean is highly sensitive to personal information. Therefore, in this paper, we sought a method of introducing a Compelled Decryption that does not contradict the people's legal sentiment through a perception survey of 95 people on the Compelled Decryption. We tried to compare and review the Budapest Convention with major overseas laws such as the United States and the United Kingdom, and to suggest a direction of legislation acceptable to the people in ways to minimize infringement of privacy. We hope that this study will be an effective legal response plan for law enforcement agencies that can normatively overcome the technical limitations of decoding.