• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.59-78
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• 2013

The interpretation and application of investment treaties takes place mostly by ad hoc tribunals. Their composition varies from case to case. But in interpreting and applying investment treaties are bound to exist on a ground rule and coherent criteria. Given summarizing contents of this study, those are as follows. When interpreting investment treaties, (i) most tribunals is based on Article 31 and 32 of the VCLT, (ii) tribunals rely on previous decisions, (iii) tribunals resort to travaux pr$\acute{e}$paratoires, (iv) tribunals consider the interpretative statement. When applying investment treaties, (i) treaties apply only in relation to acts or events that occurred after their entry into force, (ii) tribunals have applied different inter-temporal rules to jurisdictional clauses and substantive provisions in treaties, (iii) the relevant date for purposes of jurisdiction is the date of the institution of proceedings, (iv) Under the ICSID convention, the host state and investor's nationality must be a party to the convention on the date the proceedings are instituted. This study is expected to possibly become guideline in the interpretation and application standards of investment treaties. So future disputes can be prevented and prepared in advance.

• Journal of Information Technology Services
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• v.16 no.2
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• pp.85-96
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• 2017

The revised "Software Industry Promotion Law" has been effective from 2013. This law is to be basis of the domestic public information sector and increases the opportunities for small and medium-sized firms in participating the public IT projects. The shortcomings of this law may be the increase of the risk and the decrease of quality of projects. These suggest that the competencies of project manager (PM) s are critical. Also, in general, an SI (System Integration) project is a one that provides a customer with a customer-tailored system for system integration. Particularly, in an SI project involved in a public institution or a large corporation, the ripple effect of success or failure of a project is becoming greater as the system requires higher cost and more time due to high complexity and large scale. One of the solutions to address these problems is to investigate the competencies of a PM. Thus, in this paper, we derived the major competencies using the RGT (Repertory Grid Technique) and categorized the resultant constructs using the content analysis. In addition, we analyzed the level of importance of competencies by applying the AHP (Analytic Hierarchy Process). The conclusion was that Problem-solving Skill and Leadership were the most important competencies of a project manager.

• Korean Journal of Oriental Medicine
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• v.8 no.2 s.9
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• pp.47-65
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• 2002

This project is planned to grasp the present situation of traditional medicine part in our country and to study protection method about this by the intellectual property which is the international concerning point recently. Through this, we will be able to devise means to deal with protection method of traditional medicine being developed by WIPO now. Traditional medicine field In our country Is organized with specific condition separated into the part of institution and the part of non-institution. So, because of the closed peculiarity, we have experienced the difficulties to understand the real facts about traditional medicine. We cannot be indifferent to the matter anymore. Because the expectation of object people is high, we could expect the realization of research content. In 1 detail project, we investigated the situation of traditional medicine in our country through various collecting methods for excavation of oriental treatment technique and herb medicine which is worth protecting. With it, we sorted again into 56 kinds of 11 parts through analysis of validity in the way of oriental medicine. And we tried to link this up 2 detail project which is about legal and institutional guarantee concerning protection. furthermore, we tried to find approach ways for security of objectivity into 4 steps with the example of model disease. we could complete practical classification of traditional medicine in our country. In 2 detail project, we studied the protection method by the intellectual property through research result in 1 detail project. For this, we observed an outline of the intellectual property including a patent application analysis in folk traditional medicine part, and problems of traditional medicine protection and world trend by traditional knowledge protection tendency and the patent law In domestic traditional medicines, the aspects unprotectable with the patent law now were remained. So, we suggested supplementary plan. And we also suggested the freedom of utilization between traditional medicine possession countries (in-situ utilization) and the demand compensation payment for a third country (ex-situ utilization) in connection with international movement.

• Journal of Korean Society of Rural Planning
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• v.8 no.2 s.16
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• pp.27-41
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• 2002

This research is written for offering an approach to activate the stagnated industry of the tourist farm through analysis of the current operational problems and situation on some existing tourist farm nominated as such by the authority. There will be some considerations from three different categories : local autonomous groups, tourist farm associations and farm owners. On the other hand, it is assumed that this research can also be utilized as a basic material for activating the tourist farms in the suburban area of Taegu City. The operational problems in the suburban area of Taegu City are as follows : lack of a specialized Product development, the farm operation fund, lack of operational or management ability, lack of public information, etc. There are other Problems regarding law, institution and supporting : complexity of the current system involving all kinds of permission, shortage of financial and taxation supporting, lack of training an expert manpower, lack of ability and cooperation of a deskclerk in charge, etc. Here are some suggestions taking into consideration a respective sector of local autonomous group, tourist farm associations and farm owners for activating the tourist farms in the suburban area of Taegu City. First, a mental turnabout toward a tourist farm is needed from local autonomous groups. The law and institutional base should be arranged while the financial and taxation support is materialized. Second, tourist farm associations should amend or reinforce the existing institution to refresh the current recognition toward the tourist farm through many publicity activities. On the other hand, they should develop the overall tourist farm industry into a better service industry of the rural community by keeping an active system of cooperation with other related groups. Finally, It is advised that they should conceive farms and facilities which can symbolize the tourist farm from the stage of the first construction. In addition to a four-season souvenir development, an effective publicity activity and rational investment management. Above all, they should train themselves in terms of a service spirit before they see the prosperity of the tourist farm community.

• Journal of Korea Port Economic Association
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• v.23 no.3
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• pp.127-148
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• 2007

Cruise industry in the world has been one of the most prosperous industries for the past 30 years and thus its effect is classified by both economic side incurred from its own tourism industry directly and indirectly, and another economic one from development of related-industries such as shipbuilding, heavy industries, and so on. Under these circumstances, it is evaluated that Korea will have good circumstances of activating the highly value-added cruise industries. In order to do it, this country will have to meet as follows: the significant investment in cruise infrastructure, the organization of North-East Asia cruise council, the building-up of cooperation between government and private, the improvement of cruise-related law and institution, the simplification of entry procedure for cruise tourists, the active development and public relation of cruise tourism industry, and so on.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.227-261
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• 2015

Cooperative associations are established in order to enhance the rights and the interests of their members and serve the local communities, and actually do much for the local society. And among these, consumer cooperatives are spontaneously founded, particularly in the spirit of mutual help, in order to promote the common welfare of the members. Meanwhile, because the current medical law qualifys noncommercial corporation to open medical institution, consumer cooperative and noncommercial- corporation cooperative which are established under the Cooperative Act have the right to do. However, though cooperative association should be founded for common interests of the members who are weaker parties of society, it became rapidly to be abused as means of circumvention of law. Especially as National Health Insurance Corporation stepped up the investigation and the collection of unfair profits against the hospital owned by non-medical personnel who are unable to establish a medical institution, setting up medical institutions as a roundabout way to avoid the restricts dramatically increased in number. In this study, we are going to introduce the current dualised normative system regulating the establishment of a medical cooperative association, and find a way to improve the system and make up for the week points. And we will look though the present situation about medical cooperative association's opening, operating, and closing, and review the normative and systematic improving plans.

• International Commerce and Information Review
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• v.19 no.2
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• pp.169-190
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• 2017

The purpose of this article by looking into the international commercial arbitration system of China is to provide solutions regarding commercial disputes that may occur in trade between China and Korea. For the research, literature review based on the Chinese Arbitration Law and CIETAC Arbitration Rules was employed. According to the research, the arbitration system of China applies partially differentiated legislation between domestic and international arbitration rules, unaccepting any ad-hoc arbitration, a limitation to the party autonomy, a deficiency of independence given to the arbitral institution, the participation of jurisdiction on arbitration is severe and it brings hardships in the execution of arbitral award. Beside these, in China's arbitral institution the jurisdiction directly progresses adjustments during the arbitration procedure and the following result is written as the award. Thus, the research is expected to provide legal and practical solutions to the commercial dispute with Chinese companies by looking into the main contents of legislations of the international commercial arbitration system in China.

• Korean Journal of Construction Engineering and Management
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• v.5 no.2 s.18
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• pp.55-63
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• 2004

A building structures was used the facility management phase through $planing\cdotdesign\cdotconstruction$. phase. building's length of life was shorter than its physical length of life, because of the lack of law and institution, the lack of related agencies' preparation and owner's preparation. Also, considering the construction life-cycle, the facility phase accounted for $70\%$ of whole official lift, therefore, it needed to be opposed to systemic facility management. Current facility management system practically managed the defect of facility and almost never communicated between the other phase. In the side of policy, domestic law, institution, and policy related to building structure focused built-up market. and then the management of existing facilities was not consolidated efficiently. The purpose of this study was to suggest the direction of facility management construction for managing, utilizing, and operating public facilities, moreover, to study the direction of current facility management system improvement corresponding to total computer integrated construction system under government agencies.

• The Journal of the Korea Contents Association
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• v.13 no.4
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• pp.170-186
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• 2013

As the population is getting older, medical expenses amount of the whole is keep increasing. So, the pressure of the finances, Health Insurance, Medical Care Assistance Act and etc, is getting higher. The share of healthcare-expense is increasing due to elderly illness. And it became a social problem; we analysed present state of senior healthcare in South Korea-looked into current laws and policies, and found problems. We tried to suggest improvements that drew from the current state of foreign country senior healthcare of those problems. For the result, we found the problem in relevant-law system of senior healthcare guarantee. In this study, we proposed the ways to qualitatively upgrade of medical standard that considered on elderly' features: the strengthened guarantee for healthcare, financial secure for long-term convalescence benefit, linking and functional reinforcement for elderly welfare and long-term convalescence insurance, the solution for overlapped laws about convalescence in long-term convalescence insurance and elderly welfare, a betterment of grading, and a home service consolidation. We need to secure right amount of emergency medical service budget, and effective management system for the improved level of senior severely emergency medical service. Furthermore, we suggested that South Korea needs to legislate [The Law for Senior Medical Secure] to respond to rapidly increasing senior healthcare fee.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.32
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• pp.59-91
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• 2006

The Arbitration Act of Korea was promulgated in 1966. Since the promulgation of Arbitration Act of Korea, consecutive amendments took place in 1973, 1993, 1997, 1999, 2001 and 2002. Among the various set of amendments, those of 1999 were designed to accommodate the UNCITRAL Model Law on international Commercial Arbitration of 1985. Korea has acceded to special international conventions on dispute settlement such as the New York Convention of 1958 and the Washington Convention of 1965. The Korean Commercial Arbitration Board(KCAB) administers the arbitration proceedings in accordance with its Arbitration Rules approved by the Korean Supreme Court. Since the establishment of the first Arbitration Rules in 1966. consecutive amendments took place in 1973, 1981, 1989, 1993, 1996, 2000 and 2004. The KCAB plans to enact the International Arbitration Rules, which will be available to disputing parties in addition to the KCAB Arbitration Rules. In 2005, arbitration applications received at KCAB recorded a historic high at 213 cases, an increase of 22% from 175 cases in 2000. But in 2005, the total amount involved in the arbitration cases decreases to US$ 129 million, a decline of 63% from US$ 346 million in 2000. The KCAB should take the following measures for activating the commercial arbitration system: the globalization of KCAB, the advertisement of arbitration system, the security of qualified arbitrators, and the enhancement of the secretariat service. In conclusion, the KCAB should make efforts for the development of the arbitration system and for the upgrade of customer satisfaction. Moreover the KCAB should make further efforts to grow into a global arbitration institution as well as strengthening relations with international arbitration institutions.