• Journal of Arbitration Studies
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• v.32 no.1
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• pp.71-91
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• 2022

The legal integration in the European Union that seeks a unified system in consumer disputes and the German Consumer Dispute Mediation Act based on this pursues the procedural fairness of consumer disputes and the equality of results. The role and legal status of the dispute mediator, who plays a very important role in this process, and the stable operation of the dispute resolution system and the guarantee of reasonable results through the guarantee of fairness and independence are very important values. In particular, the dispute mediator under the Act is conceptually different from the existing mediator or mediator, and through this distinction, the duties and contents of the dispute mediator are also distinguished. For this reason, the qualifications of dispute mediators that affect the outcome of dispute mediation are strictly stipulated. There have been some criticisms of this strictness, and such strictness is also seen as an excessive limitation. However, these standards can be understood as one of the efforts to make the dispute mediation procedure more systematic and to operate objectively in accordance with laws and procedures. In addition, in relation to the issue of independence and impartiality of the dispute mediator, the status of the dispute mediator is guaranteed in various aspects. In economic terms, it is not influenced by external factors, and furthermore, in order to guarantee job stability, the results of job security and dispute resolution are not linked. By examining the appropriate level of discipline for these dispute mediators, we expect the developmental growth of the consumer dispute resolution system under our Act.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.51-70
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• 2021

Chinese courts seem to be indifferent or ignorant of truncated arbitration. In other words, the Chinese court canceled the arbitration award made by truncated arbitration except for the Pingdingsan Case among the four arbitration cases related to the domestic arbitration award reviewed in this paper on the ground that it violated the composition of the arbitral tribunal or the arbitration procedure. A Chinese court has canceled the arbitration award by judging only based on the composition of the arbitral tribunal and the legal process of the violation of the arbitration procedure not by determining whether the domestic arbitration award made by the truncated arbitration meets the conditions for the application of truncated arbitration as stipulated in the Arbitration Rules. Moreover, it seems that the Chinese court made a serious error in the application of the relevant regulations in the Pingdingsan Case, which ruled that the truncated arbitration did not violate the legal process. In this case, the Chinese court admitted truncated arbitration under logic process that it was not necessary to wait until the final hearing to apply the truncated arbitraion because one arbitrator was absent before the final hearing, but the truncated arbitrator had already formed his/her opinion before the absence. However, in the case of Marshall Investment Corporation, a case related to foreign arbitration, the Chinese court rejected the approval and execution of the truncated arbitration award by strictly applying the laws and timing of the truncated arbitration. Since only one case has been identified in the main text, it is difficult to make a definitive judgment, but considering these cases, it seems to be that the Chinese courts apply different standards to domestic and foreign arbitration awards to determine the legality of truncated arbitration.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.3-32
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• 2014

Safety Management System is the aviation industry policy for while operating the aircraft, to ensure the safety crew, aircraft and passengers. For operating a safe aircraft, in order to establish the international technical standards, the International Civil Aviation Organization has established the Annex 19 of the Convention on International Civil Aviation. As a result, member country was supposed to be in accordance with the policy of the International Civil Aviation Organization, to accept the international standard of domestic air law. The South Korean government announced that it would promote active safety management strategy in primary aviation policy master plan of 2012. And, by integrating and state safety programmes(ssp) and safety management system(sms) for the safe management of Annex 19 is to enforce the policy on aviation safety standards. State safety programmes(ssp) is a system of activities for the aim of strengthening the safety and integrated management of the activities of government. State safety programmes(ssp) is important on the basis of the data of the risk information. Collecting aviation hazard information is necessary for efficient operation of the state safety programmes(ssp) Korean government must implement the strategy required to comply with aviation methods and standards of the International Civil Aviation Organization. Airlines, must strive to safety features for safety culture construction and improvement of safety management is realized. It is necessary to make regulations on the basis of the aviation practice, for aviation safety regulatory requirements, aviation safety should reflect the opinion of the aviation industry.

• Journal of Korean Library and Information Science Society
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• v.49 no.4
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• pp.1-20
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• 2018

Since 1988, the librarian standards prescribed in the "Enforcement Decree of the Library Act" have not been revised at all and they have many weaknesses and limitations. This study proposed revision of librarian standard and legislation based on legal and application issues. It is desirable to revise the structure of 1988 prospectively and to establish new standards for local representative library. In the case of basic personnel, it is desirable to have three librarians in all public libraries or considering the fact that the library's non-professional work is about 30-40%, it is also necessary to consider a plan consisting of two librarians (professional + para-professional) and one non-professional. The local representative library should apply the librarian standard of the public library serving a community of 300,000 people and establish a standard to add non-librarian equivalent to one-third of librarians. In the case of additional personnel, it is desirable for public libraries to increase one librarian whenever the service target population exceeds 10,000, and the local representative library to increase one librarian whenever the service target population exceeds 100,000. And each library needs to add a other full-time staff equivalent to one-third of the librarian.

• Informatization Policy
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• v.29 no.3
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• pp.26-47
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• 2022

"The certification of compliance of new products of industrial convergence" (hereinafter referred to as "certification of compliance") is a legal certification system in accordance with the Industrial Convergence Promotion Act through which a convergence new product can be officially certified without legislation when the certification standards applicable to the product are not yet provided. Unlike other certification systems, the certification of compliance is characterized by the role of resolving the certification difficulties driven by the regulatory lag of convergence new products. Nevertheless, studies that analyzed the certification of compliance in detail from the viewpoint of regulatory improvement were surprisingly rare. Through the sequential matching of the steps of certification of compliance with the process from the occurrence of a regulatory problem to resolution, our study provided clear understanding as to how the regulatory lag could be reduced by the procedure for certification of compliance. Furthermore, we divided the perspective on regulatory lag management into quantitative and qualitative, and the structures and practices of certification of compliance were then analyzed from the two perspectives. By doing this, the present study emphasized that the fundamental reason the certification of compliance could effectively solve the regulatory lag problem of convergence new products was not only the quantitative elements such as legal deadlines for each step but also several qualitative approaches to securing the quality of every stage.

• The Korean Journal of Archival Studies
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• no.18
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• pp.139-178
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• 2008

The functional requirements standards for electronic records management systems which have been published recently describe the specifications very precisely including not only core functions of records management but also the function of system management and optional modules. The fact that these functional requirements standards seem to be similar to each other in terms of the content of functions described in the standards is linked to the global standardization trends in the practical area of electronic records. In addition, these functional requirements standards which have been built upon with collaboration of archivists from many national archives, IT specialists, consultants and records management applications vendors result in not only obtaining high quality but also establishing the condition that the standards could be the certificate criteria easily. Though there might be a lot of different ways and approaches to benchmark the functional requirements standards developed from advanced electronic records management practice, this paper is showing the possibility and meaningful business cases of gaining useful practical ideas learned from imaging electronic records management practices related to the functional requirements standards. The business cases are explored central functions of records management and the intellectual control of the records such as classification scheme or disposal schedules. The first example is related to the classification scheme. Should the records classification be fixed at same number of level? Should a record item be filed only at the last node of classification scheme? The second example addresses a precise disposition schedule which is able to impose the event-driven chronological retention period to records and which could be operated using a inheritance concept between the parent nodes and child nodes in classification scheme. The third example shows the usage of the function which holds or freeze and release the records required to keep as evidence to comply with compliance like e-Discovery or the risk management of organizations under the premise that the records management should be the basis for the legal compliance. The last case shows some cases for bulk batch operation required if the records manager can use the ERMS as their useful tool. It is needed that the records managers are able to understand and interpret the specifications of functional requirements standards for ERMS in the practical view point, and to review the standards and extract required specifications for upgrading their own ERMS. The National Archives of Korea should provide various stakeholders with a sound basis for them to implement effective and efficient electronic records management practices through expanding the usage scope of the functional requirements standard for ERMS and making the common understanding about its implications.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.5
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• pp.76-90
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• 2011

As most landscape drawings tend to be recorded in electronic format, the need for layer standards is growing. While the categorization system of planting drawings has been progressing, landscape facility drawings are being delayed. So, the purpose of this study was to establish the categorization system of computerized landscape facility drawing documents. In the beginning of this study, it found that the layer categorization system of "The Standards of Construction CALS/EC computerized drawings v1. 1" and "The submit instructions of electronic design documents" are not suitable for the landscape facility drawings. 1,154 drawings drawn by 10 landscape architect offices were used to analyze the current layer categorization status. As a result, it found that "The Standards of Construction CALS/EC computerized drawings v1. 1" were not introduced in landscape facility drawings and 46% of layers were produced indefinitely. The new layer categorization system consisting of 15 facility items was drawn by applying the ISO construction information categorization system. The new layer categorization system is set on the basis of the legal code, landscape design standards, and design guidelines of public institutions. This new layer categorization system is expected to propagate at the landscape architect offices in the early.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.53-81
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• 2017

Targeted killing is a modern euphemism for the assassination of an individual by a state organization or institution outside a judicial procedure or a battlefield. Targeted killing using armed drones has raised profound anxieties in legal, policy, and advocacy communities in the United States and abroad, including among UN officials. The bottom line for targeted killing supporters is that targeted killing works as part of a larger counter-terrorism strategy. Targeted killing does what it is supposed to and removes the leader of a group. And despite growing legal, moral, and ethical issues concerning targeted killing, scholars agree that drone strikes and targeted killing operations will stay. The ACLU has sued top CIA and Pentagon decision-makers to seek accountability for the unlawful killings of three U.S. citizens in Yemen last year. Also, strikes by drones are associated with serious problems such as collateral damage to ordinary citizens and friendly fire. Targeted killings by drones also involves several issues to be resolved, including suspicions that they may run counter to domestic law prohibiting assassination, the opacity concerning their definitions and military actions, and the impact of whiplash transition. Finally, targeted killing program and the need for transparency. The assembly referring to resolution invites the committee of ministers to undertake a thorough study of the lawfulness of the use of combat drones for targeted killings and if need be develop guidelines for member states on targeted killings with a special reference to those carried out by combat drones. These guidelines should reflect the states duties under international humanitarian and human rights law in particular the standards laid down in the EC on human rights as interpreted by the european court of human rights.

• Food Science of Animal Resources
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• v.29 no.4
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• pp.523-532
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• 2009

Changing health awareness has had an important effect on the functional food industry and is creating greater market opportunities. Unfortunately, there is no statement on functional dairy products in the Processing of Livestock Products Act. As a result, there is confusion in the market and legal difficulties with regard to the advertising of functional dairy products. This study was carried out to improve the current standardization of functional dairy products by comparing the domestic Health/Functional Food Act with the Japanese Health Promotion Law, and by investigating scientific data and articles from various literature and the Internet. In Japan, the Ministry of Health, Labor, and Welfare (MHLW) officially presented the Food with Health Claims (FHC) system that consists of Food with Nutrient Function Claims (FNFC), and innovated Food for Specified Health Uses (FOSHU). In 2005, the FOSHU system was changed to include several new subsystems: Current, Standardized, Reduction of disease risk, and Qualified FOSHU. Finally, to manufacture FOSHU, scientific evidence pertaining to such products must be examined by MHLW. Since FNFC was allowed, only 12 vitamins, ${\beta}-carotene$, and five minerals were approved, though without scientific evidence of efficacy. The Korean Health/Functional Food Act requires that health/functional foods (HFFs) be marketed in measured doses. There are two types of HFFs: generic and product-specific. There are 67 ingredients listed in the act for generic HFFs, and if an HFF has a new active ingredient, it is considered a product-specific HFF. Product-specific HFFs must be approved by the Korean Food and Drug Administration (KFDA). With the present standards, it is impossible to label and advertise functional dairy products with health/functional claims. Government agencies must cooperate to solve this problem, and standardization should be carried out by considering existing health/functional products and claims/indications from other countries.