• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Smart Media Journal
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• v.11 no.5
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• pp.63-74
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• 2022

Initial public offering (IPO) has a legal framework for investor protection, and because there are various quantitative evaluation factors, objective analysis is possible, and various studies have been conducted. In addition, crowdfunding also has several devices to prevent indiscriminate funding as the legal system for investor protection. On the other hand, the blockchain-based cryptocurrency white paper (ICO), which has recently been in the spotlight, has ambiguous legal means and standards to protect investors and lacks quantitative evaluation methods to evaluate ICOs objectively. Therefore, this study collects online-published ICO white papers to detect fraud in ICOs, performs ICO fraud predictions based on BERT, a text embedding technique, and compares them with existing Random Forest machine learning techniques, and shows the possibility on fraud detection. Finally, this study is expected to contribute to the study of ICO fraud detection based on quantitative methods by presenting the possibility of using a quantitative approach using unstructured data to identify frauds in ICOs.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.143-164
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• 2022

It is not an exaggeration to say that our society is already one of disputes. Since circa 2010, the average number of lawsuits filed every year is upwards of six million cases, and resolving disputes through trials is already fully saturated. The functional roles of the court reflect that there are many lacking areas such as systems, tools, and procedures related to social integration. In addition, ADR, which is carried out in advanced capitalist nations to supplement the judicial functions, has also been implemented in our society for the past 60 years. However, for the reason why the usage rate of ADR did not increase for legal consumers, we cannot overlook government activities that did not make sufficient promotions related to the lack of awareness. In Korea, ADR is mainly composed of government-initiated types, and in particular, there is no ADR framework act that can play an integrated role. Furthermore, for the conciliation system of the court, over 80%of conciliation are conducted focusing on court of lawsuits, and legal basis and procedures between institutes are different for administrative ADR, and communication does not go smoothly, thus making it inefficient. Such examples cannot avoid being a background for criticism when considering the fundamental ideologies and beliefs of ADR. The Vinaya Pitaka of sangha related to ADR is a separate method for operating communities. This is the BDR (Buddhist Dispute Resolution) method that encompasses personal ethics, organizational ethics, harmony through various community gatherings, and adhikaranasamatha on the four issues that could occur in legal review procedures. This has become the sufficient background for succession and development for parisa sangha and gana sangha among individuals.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.147-159
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• 2023

Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

• Journal of the Korea Institute of Building Construction
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• v.24 no.3
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• pp.343-354
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• 2024

This study reviewed the existing legal framework governing construction supervision practices and conducted a survey of expert groups to identify and propose strategies for facilitating the digital transformation of construction supervision processes, with the goal of enhancing the quality and safety of construction projects. The research underscored the necessity for digital transformation to improve quality, safety, and efficiency of construction supervision. Additionally, it highlighted the need for greater consistency and clarity in terminology related to construction supervision. The study also presented recommendations for improvement, which included: establishing a structured supervision checklist to ensure safety and compliance, establishing a specialized construction supervision corporations subject to qualification screening, and introducing evaluation criteria to encourage the adoption of digital transformation technologies in construction supervision. The findings of this study are intended to serve as the foundation for future policy and regulatory frameworks aimed at promoting the digital transformation of construction supervision practices.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.22 no.6
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• pp.92-101
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• 2023

The increasing use of personal mobility has led to a rise in traffic accidents and social issues. Consequently, the government is continually revising laws and regulations to address the problems associated with personal mobility. This study conducted a survey that reflects user characteristics and public perceptions based on the law revised in May 2021. The personal characteristics, legal awareness, usage patterns, risk characteristics, and risk factors were analyzed. The analysis indicated that driving on roads without separate sidewalks, speeding, and carrying passengers are hazardous practices. Moreover, Poor awareness of the legal framework governing personal mobility results in law violations. These results are significant as they highlight the need for policy measures regarding institutional and legal improvements, and they underscore the importance of enhancing social awareness about safety as personal mobility become more widespread.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.3-35
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• 2017

The Supreme Court of Korea first admitted compensation for damages caused by breach of informed consent in 1979. From then on, specific details of informed consent are shaping up and developing through court precedents. The duty of informed consent of doctor is based on article 10 of the Constitution and medical contract, and is expressly prescribed Article 12 of Framework Act on Health and Medical Services and other acts and regulations. By the way, the regulations about duty of informed consent of doctor have been established in Medical Law revised on December 20, 2016, and the revised Medical Law will be implemented on June 21, 2017. According to the revised Medical Law, medical practices subject to description and consent are operation, blood transfusion and general anesthesia that threaten to cause serious harm to human life or to the body. When performing these medical activities, the written consent must be explained and agreed upon in advance. If a doctor violates the law, he will incur fines of less than 3 million won. Comparing and viewing the revised Medical Law and existing legal principles about the duty of informed consent, we can confirm that there is a substantial difference between the two parties. Accordingly, despite the implementation of the revised medical law, the existing legal principles are unlikely to be affected. However, from the perspective of legal uniformity and stability, it is undesirable that legal judgments on the same issues differ from each other. The revised Medical Law about informed consent needs to be reformed according to existing legal principles. And, as in the case of Germany, it is desirable to include the matters concerning informed consent in the civil code.

• Journal of Korea Technology Innovation Society
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• v.17 no.3
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• pp.519-539
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• 2014

In order to accomplish the successful performance management of the national research and development programs, it is necessary to establish the legal system that provide a institutional foundation and to set up and practice the relative substantial operating system. This paper aims to study the problems and improvement measures of the Performance Management System in National R&D Programs. For this purpose, the development of legal system on the performance management in national R&D programs was surveyed, the problems in existing laws and ordinances on the performance management were analyzed, and lastly the improvement measures on the legal system of the performance management were suggested. The legal system of performance management is being composed of and managed with The Framework Act On Science And Technology that prescribed the national science and technology policy direction, and Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc. that prescribed the basic policies of performance management process and methods, and Regulations On The Management, Etc. Of The National Research And Development Projects that prescribed the concrete methodologies on performance management. Results of the study, it is necessary that the performance management laws and ordinances need improvement of Compatibility, the object and range of performance management system extend more widely to the whole field of national R&D programs in principle, and the performance management process and methods improve reasonably considering the goal and direction of national R&D policy.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.24 no.2
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• pp.201-208
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• 2006

Currently, 1/5,000 Digital Topographic Map covers the whole country with administrative boundary of Gu, while some region has already been constructed with 1/1,000 digital topographic map has legal boundary of Dong. Here, Dong in 1/1,000 scale represents the legal boundary which is used in the address most of time. Therefore, there is no administrative-Dong yet although it is very useful in various fields. In this study, we suggested a method to construct the administrative boundary extending to the level of Dong empirically. In addition, the practical application of the administrative boundary in GIS is discussed. Two methods are applied to construct the administrative boundary to the level of administration-Dong; using the edited cadastral map and the digital topographic map. When the edited cadastral map is used, some problems such as boundary discordance to superordinate administrative area is appeared. On the other hand, using digital topographic map showed simple construction processes and easy connection with other framework data. Therefore, it is recommended that the digital topographic map should be used in the construction of the administrative boundary. It would be useful as framework data in various industries and public operations.

• Journal of Internet Computing and Services
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• v.25 no.1
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• pp.91-98
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• 2024

With the advancement of ICT (Information and Communication Technology), searching for judgments through the internet has become increasingly convenient. However, predicting sentencing based on judgments remains a challenging task for individuals. This is because sentencing involves a complex process of applying aggravating and mitigating factors within the framework of legal provisions, and it often depends on the subjective judgment of the judge. Therefore, this research aimed to develop a model for predicting sentencing using artificial intelligence by focusing on structuring the data from judgments, making it suitable for AI applications. Through theoretical and statistical analysis of previous studies, we identified variables with high explanatory power for predicting sentencing. Additionally, by analyzing 50 legal judgments related to serious crimes that are publicly available, we presented a framework for extracting essential information from judgments. This framework encompasses basic case information, sentencing details, reasons for sentencing, the reasons for the determination of the sentence, as well as information about offenders, victims, and accomplices evident within the specific content of the judgments. This research is expected to contribute to the development of artificial intelligence technologies in the field of law in the future.