• Journal of Korea Technology Innovation Society
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• v.15 no.4
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• pp.881-915
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• 2012

These days, according as the role and function of science and technology become a important solving means of various national and social problems caused in knowledge information society as well as the development of national economy, the national target and mission of science and technology have been newly illuminated. The task of science and technology has embodied into national policies, and these policies acquired institutional foundation through the legal system related to science and technology. Recently, the discussions about the operating system of present science and technology legislation are often happened, if or not the legal system is optimal and appropriate itself under the changed environment. In special, some issues are raised continuously, for example, about the improvement of coordination system on S&T policies, and the governance system on national R&D programs, etc. This paper aims to research and suggest the reorganization method of science and technology law. For this purpose, the development and existing state of S&T legislation was investigated, the government role and policy driving direction were reviewed under the recent changed environment, and the problems of S&T law in structure and content were analyzed in variety of perspectives. On this basis, the reorganization methods of science and technology law are suggested.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.197-224
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• 2005

The purpose of this paper is to make research on the party's autonomy principle and the applicable law to the arbitration agreement, the applicable law to the validity of the arbitration agreement, the applicable law to the arbitrability of the arbitration agreement, the applicable law to the contracting ability of the arbitration agreement, and the applicable law to the method of the arbitration agreement. If no choice of law is made by the parties with respect to the arbitration agreement-which is the stand situation-the validity of the agreement may have to decided under its proper law, or under the law of the place of arbitration, or the law of the place of enforcement. If the subject matter is not arbitrable, the arbitration agreement remains without effect. The rules determining arbitrability may differ from one country to another, from one legal system to another. If a party is lacking capacity to enter into an arbitration agreement, the recognition and enforcement of the arbitral award may be refused at the request of the party against whom it is invoked. This principle is laid down in the New Yark Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The validity of an arbitration agreement sometimes also depends on the form in which it is made. Article II. 2 of the New York Convention states that the term 'agreement in writing' shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties of contained in exchange of letters or telegrams.

• Journal of the Korea Society of Computer and Information
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• v.23 no.6
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• pp.75-79
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• 2018

The purpose of this paper is to introspect again the role of the criminal law at a time when it is said that numerous criminal and legal discussions are needed to develop the so called "reply manipulation " case that is shaking the nation's political history. The research method considered the literature and precedents discussed in the past, and discussed the issue of subculture abuse caused by the internet, which is a product of convenience and affluence that came with the Forth industrial revolution through criminal law. Through a computer program, a discussion was held on what penalties would be imposed on the criminal law for attempting to manipulate public opinion by manipulating the so-called number of comments or Reaction. Question of whether the criminal law should further emphasize the need for a discussion on the need for a method to strengthen the preventive functions of the criminal law and expand the scope of punishment in order to address new causes of risk that came with the development of science. Without reflecting on whether such as "government-inspired demonstration "would be possible in today's world that was in the public perception of the authoritarian government of the past, it is a problem to see that the political goals of a particular group can be achieved by manipulating comments or creating public opinion on the Internet. The duty of criminal law is to protect the interests of the law. The role of the criminal law should be maintained the self limiting as far as possible in cases of violation or danger of the law. Still, it is a problem that the role of the criminal justice system today is too aggressive and is seen as a top tool rather than a last resort for solving problems. he role of the internet will be expanded further in the Hyper Connected society. To solve these problems, we should look forward to a change in the priority of other laws and policies other than criminal law.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.3-30
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• 2022

On 27 October the Supreme Court of UK handed down its much anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48. The issues for the Supreme Court to decide were as follows: (1) which law governed the validity of the arbitration agreement; (2) if English law applied, whether, as a matter of English law, there was any real prospect that a court might find that KFG became a party to the arbitration agreement, and (3) whether, procedurally, the Court of Appeal was correct in giving summary judgment refusing recognition and enforcement the award, or whether there should have been a full rehearing of whether there was a valid and binding arbitration agreement for the purposes of the New York Convention and the AA 1996 (the 'procedural' issue) The decision in Kabab-Ji provides further reassuring clarity on how the governing law of the arbitration agreement is to be determined under English law where the governing law is not expressly stated in the arbitration agreement itself. The Supreme Court's reasoning is consistent with its earlier decision on the same issue, albeit in the context of enforcement pursuant to the New York Convention, rather than considering the arbitration agreement before an award is rendered. This paper presents some implications of Kabab-Ji case. Also, it seeks to provide a meaningful discussion and theories on the arbitration system in Korea.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.12 no.2
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• pp.843-859
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• 2018

Cybersecurity has emerged as a serious problem in Korea and there have been relevant movements to improve domestic cybersecurity policy and system. However, discussions have yet to result in actual progress and the legislation for improvement of cybersecurity policy and system have been stagnant until now. As evidenced by the introduction of primary government legislation bill for national cybersecurity in 2017, the preparations for improvements to the policy and system are still in progress. However, we cannot be positive about the possibility of implementing these improvements during the process. Recognition of the importance of cybersecutiry has gradually risen and is more prevalent than in years past, however, in-depth discussions are not being made. In principle, misunderstandings about cybersecurity itself and insufficient understandings of the relevant legislation seem to cause such problems. Therefore, it is necessary to review key issues related to the improvement of cybersecurity policy and system and reconsider tasks for the future. Such issues include the relationship between cybersecurity and fundamental rights, establishing responsibility and capability of each of entities for cybersecurity, and the role of the military in cybersecurity. This type of in-depth discussion will be helpful for finding ways to improve upon cybersecurity policy and system. Moreover, this study aims to key issues with questionnaire survey and political and normative inquiry.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.253-273
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• 2008

The thesis examines the problems for improvement of clearance procedure and shows the various ways of overcoming them. Practical implications regarding the innovation of clearance procedure are as follows. First, the basis of information for customs clearance service should be built for unifying customs clearance information and imports and exports goods. Second, Customs Service need to keep on trying continuously that customs clearance system should be inter-convertible in the inside and outside of the country. Third, reliable law and execution system should be needed to revitalize customs clearance business and the government need to take measures for new system which is suitable for our own country. Finally, mutual cooperation administration system for customer in domestic and foreign country should be made for supplying high quality clearance service. As we have reviewed above contents, the customs clearance business meet the needs of innovation with new information technique to overcome lots of problems which come by when we execute simplification of customs clearance procedure and customs inspection administration fairly. As well as, when we review a few methods in the line of our customs system, we need strongly completion of related system and arrangements in trade business and similar fields. Hereafter we hope the limitation of this study should be overcome by the process of proper inspections through subsequent studies.

• The Journal of Information Technology
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• v.8 no.3
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• pp.57-71
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• 2005

This thesis is to explore the relaxation of restrictions at the acquisition of own stock, and to get the results from this system many countries' legislations were alluded as model cases for Korean system. In comparing with America, Japan, Europe(EC 2nd Commercial Law), and England, the final suggestion for Korean companies law as follows: The solution of problems which is derived from the acquisition at own stock in enterprise is to make the optimum situation for the economic development and stability of stock market. So, to solve these problems needs the relaxation of restrictions for this system and by the relaxation of restrictions can get the distribution of its profit to stockholder, and the compensation for employers and employees. Furthermore, through this system the company can achieve the protection against M&A and the supply of company funds. In conclusion the relaxation of restrictions at the acquisition of own stock is acknowledged the necessity, but the problems that would be followed must be necessarily minimized, and to do so, the legal system has to be molded for this purpose and the its procedure(that is, accounting deal of own stock, the fictitious dividend, and non-appliance of tendency control) has to be prior to the legal system.

• International Journal of Control, Automation, and Systems
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• v.5 no.4
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• pp.397-409
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• 2007

In this paper, we propose a nonlinear guidance law for missiles against maneuvering targets. First, we derive the equations of motion described in the line-of-sight reference frame and then we define the equilibrium subspace of the nonlinear system to guarantee target interception within a finite time. Using Sontag's formula, we derive a nonlinear guidance law that always delivers the state to the equilibrium subspace. If the speed of the missile is greater than that of the target, the proposed law has global capturability in that, under any initial launch conditions, the missile can intercept the maneuvering target. The proposed law also minimizes the integral cost of the control energy and the weighted square of the state. The performance of the proposed law is compared with the augmented proportional navigation guidance law by means of numerical simulations of various initial conditions and target maneuvers.