• Korean Journal of Construction Engineering and Management
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• v.12 no.1
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• pp.97-106
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• 2011

Construction Management is the overall management of the project as construction manager and the owner are united together. Construction manager's role is to conduct the overall or partial construction administration in the 'design, bid, build' process, in the owner's interests with maintaining technical neutrality. Construction manager is becoming one of new professionals in the building process and the contract defines their roles and the range of services, so high level of ethnics are required. This study suggests the legal status of the construction manager and the ethnic standards and the ethnic's characteristics. In conclusion, firstly, the legal characteristics of the administration of construction management are the delegations contract, the responsibility of negligence and the duty of due diligence, abided by the contract that ties between the owner and the construction manger. Secondly, the administerial characteristics of the construction management are the role of mediator, the service of professional technology, accountability to the owner and publicness. Thirdly, due to these characteristics, as a professional, the standard of ethnic assessment for the construction project manager are intention, act and result, so with the relation to that, morality, deontology and consequentialism have been suggested in this study.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.23 no.6
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• pp.1267-1276
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• 2013

Cloud consumers who use cloud computing services are obliged to review and monitor the legal compliance of cloud providers who are consigned the processes of the PII (personally identifiable information) from them. This paper presented possible scenarios for cloud PII outsourcing and suggested PIMS (personal information management system) controls for outsourcing management between cloud consumers and cloud providers by analyzing both international standards and domestic certification schemes related to cloud computing and/or privacy management based on the legal obligations for PII outsourcing from Korean "Personal Information Protection Act (PIPA)". The controls suggested can be applicable for developing the guidance of complying with privacy laws in organizations or the checklist of PII outsourcing management in PIMS certification.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.161-181
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• 2014

This thesis, which mainly focuses on the characteristics of the Chinese arbitration system, will mainly deal with three characteristics and analyze the causes that directly or indirectly influence them. The first characteristic is China does not recognize ad hoc arbitration. Ad hoc arbitration is the initial form of arbitration, and it occupies an important position in many countries; however, China's judicial system does not recognize it. There are many disadvantages for building a system of ad hoc arbitration in China; i. e., the arbitration system in China is undeveloped and shot-time established, and it lacks social and civil society basis, along with a credit system, which the Western ad hoc arbitration relies on. The second characteristic is the existence of excessive judicial supervision and control over arbitration in China. Judicial supervision over arbitration has been the customary practice in each country of the modern world, but sharp variation exists in the legal stipulations and the courts' attitude toward the standard to be applied in the supervision over arbitration. In China, there has always been a controversy over judicial supervision, and the standards applied in the supervision over arbitration by courts in different regions are less than identical. The last characteristic is the existence of a combination of mediation with arbitration, which is called Arb-Med in China. Such means that in the process of arbitration, the arbitrator may conduct mediation proceedings for the case it is handling if both parties agree to do so. Under the Chinese law, Arb-Med may lead to a binding and enforceable outcome. However, it has several legal disadvantages and almost no country adopts this system. China still insists that this system will go on because Arb-Med was first made in China, and its effect was proven through long-time practice in CIETAC.

• Journal of Korean Society for Atmospheric Environment
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• v.29 no.4
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• pp.353-368
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• 2013

All Koreans had suffered heavily from municipal and industrial air pollution problems since 1960's to 1980's. However the levels of $SO_2$, CO, and Pb have been dramatically decreased since 1990's due to various air pollutants' reduction policies under the provisions of the 1978 Environmental Preservation Act and the 1990 Air Quality Preservation Act such as increasing the supply of low-sulfur fuel, the use of cleaner fuel, no use of solid fuel, and so on. Even though the national ambient air quality standard has been strengthened to protect public health and welfare, the levels of $NO_2$, $O_3$, and $PM_{10}$ frequently exceed the corresponding standards; for example, only 4 stations (1.7%) out of 239 nationwide monitoring stations satisfied the 24-hr based PM10 standard in 2011. Moreover, upto the present time, since there are serious underlying policies of economism and growth-first which can not be solely solved by the environmental laws, it is difficult to root out undesirable social evils such as public indifference, passive academic activities, complacent government bureaucracy, insufficient social responsibility of enterprise, and radical activities of environmental groups. The paper initially reviewed air pollution history of Korea with surveying various environmental factors affecting in/out-door air pollution in the past Korea. Further this study extensively investigated legal and political changes on air pollution control and management for the last 50 years, and then intensively discussed the present environment-related laws and policies unreasonably enforced in Korea. It is necessary to practically revise many outdated legal policies based on health-oriented thinking and on our current economic levels as well.

• The Journal of Fisheries Business Administration
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• v.34 no.1
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• pp.69-85
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• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

• Proceedings of KOSOMES biannual meeting
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• 2005.05a
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• pp.195-208
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• 2005

The flag State is primarily responsible for implementing international maritime conventions(IMO conventions) and national laws and other standards as far as its own vessels are concerned, on the other hand the port State exercise its rights for the safety and marine environment under international law especially UNCLOS within port and territorial sea. In particular, the port State may take appropriate measures including detention of ships identified as sub-standard vessels which are considered as port State's supplementary role aiming for implementing international and national and regulations. But in the course of implementing port state control, international disputes may happen between port state, coastal state and flag state in spite of making all possible efforts to avoid these disputes. This paper aims to consider legal grounds on port state control(PSC) in international conventions and national laws concerned and deals with contradictions between international and national law arising from exercising PSC by port state control officers(PSCOs).

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.107-127
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• 2021

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.155-171
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• 2021

Recently, the e-business market has become a place of convergence where consumers and suppliers communicate with each other, and a new method of trading of funds has emerged in the process. Crowd-funding is one of the types of money transactions that have emerged in the online space, and its interest and trading volume have been growing rapidly recently. The platform in the online space using crowd-funding method operates in the form of online telecommunication sales, and it is in the form of producing and delivering products based on funds obtained from potential consumers by the operators involved in securing funds. However, if the participating business operators do not deliver the product or deliver the product other than the promoted product and avoid responsibility, the potential demander will not be compensated without mediation by the platform operating entity. In this study, despite the rapid growth in the market size of crowd-funding, consumers who participated in the funding are protected and able to resolve disputes in the event of a conflict amid growing complaints from potential consumers and side effects. The structure or method of crowd-funding is a new form of trading that has different features from conventional e-commerce. Therefore, the legal basis is not yet in place and the standards need to be laid out through various and sufficient discussions politically, legally, socially and culturally and economically. As the potential market and positive effects of crowd-funding around the world have been recognized, a role is required as an ecosystem for new financial transactions. And the potential market could be realized as a new industry if the right legal system and policy consultation were made.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.35 no.6
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• pp.21-26
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• 2019

This study is to investigate the possibility of legislation that is the foundation of school complexation project and the architectural planning for the target facility as stipulated by related law. Since 2000, many schools have been established and operated in the whole of Korea, mainly in Seoul. However, on the frontline, there is still a lot of difficulty in carrying out the project due to the legal possibility related to the school complexation and the lack of understanding about the facility for school complexation as stipulated by the law. The purpose of this study is to present the possibility of the school complexation project based on related laws and to clarify the classifications of school complexation facilities which are stipulated by the related law, and to propose the foundation for the future school complexation project. The contents of this study were investigated through the literature survey on the theoretical review and related laws of school complexation, and various laws related to school complexation were classified based on this, and the possibility of school complexification prescribed by each law was analyzed. In addition, by classifying facilities subject to school complexation prescribed by the Act and analyzing the detailed standards stipulated in relevant laws for each facility, we propose the facilities that can be combined with school facilities, and utilize the data of this study.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.67-81
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• 2010

As wide propagation of smartphones, e-commerce with smartphones increases rapidly. Such as transfer or stock trade systems. It has prospect that most of financial companies going to offer e-commerce systems via smartphones. And e-commerce via smartphones will be increased, hence the nature of smartphone that can be used whenever, wherever. However, legislation of e-commerce in Korea does not reflect these characteristics of smartphones, because it has set standards in regular PC. So that this study is security threat and feature of smartphones considering that the current legal system will use Certificate constraints, ensuring the safety of e-commerce and install security programs for protection of users, e-commerce responsible for the accident analysis has focused on the issues presented for this improvement.