• Title/Summary/Keyword: Legal case

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Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Internal Legal Relationship Under the Time Charter Party (정기용선계약상 대내적 법률관계)

  • Kim, In Hyeon
    • Journal of Arbitration Studies
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    • v.30 no.4
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    • pp.163-177
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    • 2020
  • There are several ways to implement charter parties in the operation of the vessel. Under the time charter party, the charterer borrows the vessel from the shipowner and uses the vessel to benefit his business. The time charter party's legal relationship can be divided into internal and external relationships. This article deals with an internal relationship. The legal matters between the shipowner and charterer are regulated by the agreement. The NYPE is the most widely circulated type of time charter party. According to the NYPE, navigational matters fall upon the shipowner while business matter falls upon the time charterer. There are vague parts in interpreting NYPE articles. NYPE Art. 8, called the employment clause, is one of them. The Master employed by the shipowner should follow the order of the charterer. Whether the charterer has the right to order the Master of the vessel to follow the navigating route recommended by him was addressed in the Hill Harmony case by the UK Supreme Court. The court was affirmative. Under the Ocean Victory case, whether the time charterer has an obligation to order the Master to go out to escape heavy weather from the berth at the port was at issue. The Japanese lower court decided negatively. There is a tendency that many countries insert default rule in the maritime law to apply it to the case at issue in a case where there is no agreement. It serves the enhancement of legal stability; China, Japan, and Germany are such countries. The author thinks that Korea should follow the above three countries' revision of their maritime law.

Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

  • Kushwah, Shivpal Singh;Singh, Ritu
    • Journal of Information Science Theory and Practice
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    • v.4 no.3
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    • pp.71-83
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    • 2016
  • Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM), and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

Protection of Intellectual Properties Rights in Korean Fashion Industries (한국패션기업의 지적재산권 보호실태에 관한 연구)

  • 김용주
    • Journal of the Korea Fashion and Costume Design Association
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    • v.3 no.2
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    • pp.5-21
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    • 2001
  • The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.

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Application of Text Mining for Legal Information System: Focusing on Defamation Precedent (법률정보시스템을 위한 텍스트 마이닝 적용 방안 - 명예 훼손 판례를 대상으로 -)

  • Kim, Yong Hwan
    • Journal of the Korean Society for Library and Information Science
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    • v.54 no.1
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    • pp.387-409
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    • 2020
  • Precedents are data containing various types of information. In this study, I proposed a method to be utilized as legal information system for the public using automatic text analysis performed on precedents. It is carried out to analyze the defamation precedent using reference provision, judgment issues, major points of judgment, and reference precedents. As a result of the analysis, legal provisions used in defamation, key issues covered by defamation, and key cases are extracted. Although only applied to the Supreme Court case regarding defamation, the proposed methodology could be applied to various legal topics.

Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989- (상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.175-185
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    • 2013
  • The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

A Study on the Activation Plan for Legal Deposit in National Assembly Library of South Korea: Focusing on Thesis and Dissertation (국회도서관 납본 활성화 방안에 관한 연구 - 디지털 학위논문을 중심으로 -)

  • Lee, Seungmin
    • Journal of the Korean Society for Library and Information Science
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    • v.53 no.4
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    • pp.73-93
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    • 2019
  • This study empirically analyzed the recognition and current status of university libraries related to the legal deposit of thesis and dissertation and investigated the ways to activate legal deposit to National Assembly Library. As a result, most universities conduct legal deposit of thesis and dissertation. However, most librarians face difficulties resulted from the duplication of deposits to many institutions. In the case that the deposits are not made, the main reasons are the university library's policies, duplication and inefficiency of the deposit procedures, and the limitation of obtaining copyright agreements. In order to address these limitations and to maximize the social and informational values of thesis and dissertation, this research proposed approaches to legal deposit of thesis and dissertation, including strengthening digital deposit system through the establishment of independent legal deposit law, preparing the effective ways of preservation. constructing an integrated deposit system, and developing professional collection of thesis and dissertation which can consolidate National Assembly Library.

Legal search method using S-BERT

  • Park, Gil-sik;Kim, Jun-tae
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.11
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    • pp.57-66
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    • 2022
  • In this paper, we propose a legal document search method that uses the Sentence-BERT model. The general public who wants to use the legal search service has difficulty searching for relevant precedents due to a lack of understanding of legal terms and structures. In addition, the existing keyword and text mining-based legal search methods have their limits in yielding quality search results for two reasons: they lack information on the context of the judgment, and they fail to discern homonyms and polysemies. As a result, the accuracy of the legal document search results is often unsatisfactory or skeptical. To this end, This paper aims to improve the efficacy of the general public's legal search in the Supreme Court precedent and Legal Aid Counseling case database. The Sentence-BERT model embeds contextual information on precedents and counseling data, which better preserves the integrity of relevant meaning in phrases or sentences. Our initial research has shown that the Sentence-BERT search method yields higher accuracy than the Doc2Vec or TF-IDF search methods.

Perception survey analysis for legal support in case of legal disputes among firefighters (소방공무원의 법적 분쟁 시 법률지원을 위한 인식조사 분석)

  • Reem, Young-Jin;Kong, Ha-Sung
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.6
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    • pp.495-507
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    • 2023
  • The purpose of this study is to identify the current status of legal disputes that occur while firefighters are performing their duties and to suggest efficient response measures. To investigate awareness of legal disputes, a survey was conducted on 3,500 firefighters, and the responses of 505 people who participated in the survey were analyzed. As a research method, frequency analysis and cross-analysis were conducted based on the demographic characteristics of the participants and a survey of firefighters' awareness of the law, and through this, basic statistics and status were analyzed. As a result of the analysis, it was found that firefighters feel a lot of burden, including time and material losses, as well as disadvantages and mental anxiety in the workplace when legal disputes occur while performing their duties. The need for an organizational response in the workplace as an efficient response to this was statistically confirmed. Therefore, based on the results of this study, we propose the permanent establishment and operation of a professional legal support team within each city/provincial fire department headquarters so that firefighters can concentrate on their duties free from legal disputes.