• Journal of Arbitration Studies
• /
• v.22 no.1
• /
• pp.43-63
• /
• 2012

Media ADR is currently emerging as one of successful cases in South Korea while environmental ADR was known not to satisfy both defendants and offenders. Thus, this paper is intended to present proper remedies for typical compensation schemes of environmental ADR by comparing the two ADRs regarding legal reservation of compensation clause. It was found that the media ADR helped clients achieve a more fast and easy dispute resolution by providing compensation standards based on various categories such as types and scopes of compensation. However, the compensation scheme of environmental ADR brought out public complaints and inadequate services due to inconsistency and instability in terms of legal reservation. The results indicate that the compensation clause based on the reservation of laws in media ADR could be used not only as a checklist to confirm limitations of environmental ADR, but also as realistic evidences to adjust the compensation standard systematically that is under development and requires remodelling. As a result, the research findings have opened the new possibilities of "the quality assurance of environmental ADR based on the domestic legislation", proposed as an initial aim of this paper.

• The Journal of the Korea Contents Association
• /
• v.5 no.3
• /
• pp.63-71
• /
• 2005

The police have a responsibility to exercise the police authority in the sphere of peril prevention. Such right may be decided at their discretion. So, as a management according to the police's discretion is based on order and compulsion, it can not help infringing the rights of the people. Therefore, the exercise of the police authority has to be accompanied by a legal management policy according to the principle of legal reservation based on the principle of constitutionalism. This study is to find proper directions of the police function through preparing reasonable plans to guarantee freedom and rights of the people at its maximum while maintaining the public peace and order.

• Journal of Arbitration Studies
• /
• v.23 no.4
• /
• pp.191-209
• /
• 2013

The amount of international trade conducted through Hong Kong (HK) is increasing, thus rendering the legal framework governing contracts of sale between Mainland China (China) and HK is of particular importance. The status of HK under the CISG is currently unclear, however. First, the CISG entered into force in China in 1988. This important development had no legal effect for HK though as China lacked the power to enter into international conventions for HK. Second, the "Letter of Notification" deposited to the Secretary-General of the UN referred a list of treaties to be applied to HK, taking effect from July 1, 1997. This list, however, made no mention of the CISG. Third, China made a reservation in Article 95 of the CISG. Pursuant to Article 1(1)(b) of the CISG, the CISG cannot apply to HK. As a result, the Chinese Arbitral Tribunal apply the Chinese law according to the closest connection principle with the contract. In this case, attention must be given to the different result to which the CISG is applied. Liability for damages pursuant to the Chinese Contract Law (CCL) is just the same as Article 74 CISG, but CCL does not govern the case with substitute transaction and without substitute transaction when the contract is avoided. Therefore, the contract should be governed by the CISG from a business perspective when a contract is concluded between China and HK; otherwise, a promisee could not be fully compensated for all loss incurred.

• The Journal of the Korea Contents Association
• /
• v.16 no.11
• /
• pp.72-82
• /
• 2016

Various studies have been done in medical service area but they have just focused on the examination of the relationships between cause and effect variables. This study, thus, empirically analyzed qualitative data regarding medical service problems using word cloud technique. The major results of the paper are as follows. The data reveal ten sources in medical service - forced treatment, excess inspection, misdiagnosis, carelessness, inexperienced service, waiting for emergency, reservation problem, unkindness, process problem, and inconvenience. Major words in the category of irrecoverable service failure are misdiagnosis, careless treatment, and inexperienced service whereas those in recoverable service failure are unkind attitude and negative experience in reservation system. Those who experienced a medical service problem are usually engaged in a public act and they make public protests and legal action against very severe problems. The conclusion of this study also suggests a summary, implication, and agenda of the research.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.46 no.3
• /
• pp.103-116
• /
• 2018

The Park Act (1967~1980) was the first law to define urban parks in Korea. The urban parks of that time were similar to a reservation area used for other purposes after giving regulation. Because 'the urban park as a reservation area' in the past is a repeated park issue in the present, it is necessary to consider the issues of the original law system that created the cause. From this perspective, this study analyzed the legislation to reserve an urban park by collecting bills and information about the factual relationship between 1960 70s park issues and the Park Act. Analysis showed that the reason for the adoption of different kinds of urban parks in the law of a nature park is that a negative list separated from the Urban Planning Act is required to curb private usage. Inherent in the Park Act, however, was the problem of allowing the encroachment of urban parks by governmental power. (1) The Park Act sets out a wide range of cases to abolish urban park. (2) Unclear setting of governmental power could abuse the urban park. (3) Insufficient standards were able to erode the urban park with large for-profit facilities. (4) The inactivity of the Urban Public Park Committee had reduced democratic decision-making and professional judgement on park issues. Therefore, the Park Act was characterized as infringing on the environment and right to urban parks and took a passive attitude in creating parks and in citizen usage thereof. The Park Act had limitations as a progenitor for establishing the characteristics and concepts of urban parks.

• The Journal of the Korea Contents Association
• /
• v.9 no.11
• /
• pp.212-224
• /
• 2009

Proliferation of high performance internet infrastructures finally allows their users download a single copy of regular movie just within in a couple of seconds. Ease of accesses to the software for downloading consequently leads them insensitive to the ethics or legitimacy of their conduct. Thus, strong legal action is enforced for piracy over nationally through strengthen the copyright law. We in this paper conducted a survey to see whether netizens prefer to download just for the matter of their convenience. Whilst the level of awareness is addressed even in a far-fetched manner in the area of music piracy and computer software piracy, the case of movie is much different in that we even fail to find any survey that has been made for movie piracy. The survey has been made by devising questionnaires for netizens and it was posted web WorldSurvey, which is the most prominent online survey site in Korea. To our surprise, 9 out of 10 respondents expressed they actually resort to illegal downloading for the reason of convenience. We realized one more surprise. More than 95% of netizens conspicuously aware of their downloading behaviors are mischievous and illegal without reservation.

• Journal of the Korea Society of Computer and Information
• /
• v.20 no.11
• /
• pp.175-181
• /
• 2015

In this paper, based on the reference, we try to review the second issues about opening medical market and health care privatization by each topic and propose the measures and alternatives. Currently, in Korea, connection with launch of the WTO system and force of the FTA, the medical industries getting liberalization and globalization. Thus, it is expected to plunge to full-free competition system, and Korean medical institutions started the global competition which completely different dimension. It means that according to the liberalization of the healthcare market the real problem can be caused and also, the incessant discussion and effort for the implementation of international community are needed. Regard to attracting foreign patients and opening medical markets, the government also spreading the continued advancement strategy politically until now. However, generating problems with implication is inevitable and measures and alternatives to it are also needed. In accordance with the opening, the accompanying suggestions is medical privatization, that is, whether the health care pursue the profit not the not-for-profit and the current hospitals in Korea they are leaved as non-profit hospitals and let the make the subsidiary as general commercial enterprises, it seems indirect. However, it is like a healthcare privatization virtually thus, implication seem be large. Of course, through the public opinion and legal reservation, the liberalization and privatization of medical market can be delayed or not forced. It would be not fit in the flow of the inevitable globalization, it can be inhibited national interest and economic development also, and it can be the critical implications which shake the health system and collapse of the domestic health care market.

• Journal of recreation and landscape
• /
• v.12 no.4
• /
• pp.59-66
• /
• 2018

The purpose of the present study was to compare the long-term management objectives, policy objectives, implementation plans, and detailed plans of four provincial parks established in 2013 using various analysis frameworks. Through this, the study aimed to identify the characteristics of the management plan and extract the implementation plan important to each park by analyzing the priorities in the detailed plan. The long-term management objectives of most parks were to maintain recreational functions by utilizing all the resources of the park, rather than merely preserving the ecosystem. From an ecological perspective, information on major plants and legal protection species are included for most parks, and geological and topographic features considered a major resource. For sustainable forests, it is important to induce the dispersion of concentrated use space. Efficient management systems are distinctively differentiated among the parks. For regional revitalization, the management of programs to link provincial parks and their surrounding areas has become most important. From an ecological perspective, priorities differed for the parks according to their ecological characteristics. For sustainable forests, Moaksan Provincial Park prioritized the visitor reservation system related to the overall park, while the other three parks prioritized alleviating the concentrated use of specific areas. From an efficient management perspective, Daedunsan Provincial Park prioritized aspects related to the cableway. Maisan Provincial Park prioritized inducing the linkage between the use of natural and cultural resources, and Seonunsan Provincial Park prioritized establishing an ecological and cultural commentary operating system. For the base-type leisure activity space, Moaksan Provincial Park prioritized the systematic management and operation of the pilgrimage route, Maisan Provincial Park the connection between the Maisan geography and residents' income, and Seonunsan Provincial Park providing a space for ecological education.

• Korean Journal of Environment and Ecology
• /
• v.25 no.6
• /
• pp.878-886
• /
• 2011

The fish fauna and characteristic of population of Brachymystax lenok tsinlingensis at the 7 stations in the Bonghwa-gun were investigated from June 2010 to May 2011. The collected species during the survey period were 15 species belong to 7 families. Protected species by the legal were B. lenok tsinlingensis, Koreocobitis naktongensis, and Cottus koreanus. Korean endemic species were Microphy sogobio yaluensis, Coreoleuciscus splendidus, Zacco koreanus, Cobitis hankugensis, K. naktongensis, Iksookimia longicorpa, Niwaella multifasciata, Liobagrus mediadiposalis, C. koreanus, and Coreoperca herzi, which showed a ration of 66.7% in collected species. Dominant species were Z. koreanus(St. 1), B. lenok tsinlingensis(St. 3, 4, 5), and Rhynchocypris oxycephalus(St. 2, 6, 7). Length-weight relation in the population of B. lenok tsinlingensis was BW = $0.000008TL^{3.02}$, and condition factor in the population was average 0.84. Frequency analysis of total length indicated that the group 80~180 mm in total length is represented by one-year-old individuals, the group 200~300 mm by two-year-old individuals, and the group over 300 mm by three-year-old individuals. The density of population was presumed average 17 individuals per 100$m^2$ and total 4,760 individuals in the reservation for B. lenok tsinlingensis.

• Journal of Legislation Research
• /
• no.54
• /
• pp.71-110
• /
• 2018

Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the "local autonomy act", the local governments' function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.