• Journal of the Korea Society of Computer and Information
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• 제23권7호
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• pp.105-111
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• 2018

Last March, the world Go competition between AlphaGo, AI Go program developed by Google Deep Mind and professional Go player Lee Sedol has shown us that the 4th industrial revolution using AI has come close. Especially, there ar many system combined with AI hae been developing including program for researching legal information, system for expecting jurisdiction, and processing big data, there is saying that even AI legal person is ready for its appearance. As legal field is mostly based on text-based document, such characteristic makes it easier to adopt artificial intelligence technology. When a legal person receives a case, the first thing to do is searching for legal information and judical precedent, which is the one of the strength of AI. It is very difficult for a human being to utilize a flow of legal knowledge and figures by analyzing them but for AI, this is nothing but a simple job. The ability of AI searching for regulation, precedent, and literature related to legal issue is way over our expectation. AI is evaluated to be able to review 1 billion pages of legal document per second and many people agree that lot of legal job will be replaced by AI. Along with development of AI service, legal service is becoming more advanced and if it devotes to ethical solving of legal issues, which is the final goal, not only the legal field but also it will help to gain nation's trust. If nations start to trust the legal service, it would never be completely replaced by AI. What is more, if it keeps offering advanced, ethical, and quick legal service, value of law devoting to the society will increase and finally, will make contribution to the nation. In this time where we have to compete with AI, we should try hard to increase value of traditional legal service provided by human. In the future, priority of good legal person will be his/her ability to use AI. The only field left to human will be understanding and recovering emotion of human caused by legal problem, which cannot be done by AI's controlling function. Then, what would be the attitude of legal people in this period? It would be to learn the new technology and applying in the field rather than going against it, this will be the way to survive in this new AI period.

• International Commerce and Information Review
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• 제5권2호
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• 제28권7호
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• pp.519-527
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• 2017

The trust issue on the safety of autonomous vehicle is a very important in regard to the demand generation of relevant industries. To secure the trust, The study of legal liability issue should be prior to an accident of the autonomous vehicle. In civil law, it is possible to make the automobile manufacturer take legal responsibility with the "Product Liability Act". Whereas, in criminal law, it is difficult to make him take legal responsibility since the criminal law holds the actor responsible. To solve these problems, this article proposes the establishment of the "Special Act on Autonomous Vehicle". Also, there is a demand for building infra structures and system to operate the (fully) self-propelled vehicle and establishing "certification" systems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제51권
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• pp.159-185
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• 2011

This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

• Journal of Arbitration Studies
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• 제9권1호
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• pp.139-160
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• 1999

International commercial arbitrations have developed into a simple form in which both parties involved in the dispute by a contract intend to solve the dispute through the legal arbitration system. however nowadays the above traditional form taken by international projects are rarely seen and instead the form of complex arbitration in which many parties are involved has become more and more universal. The complex arbitration means not only many-sided parties concerned but also means a plural number of contract involved in conflicts, a plural number of issues involved in conflicts and a plural number of contracts though their contractors are not in a plural number. However in this report the complex arbitrations will be studied into categories as follows : 1. Pure multi-issue situations, 2. Pure multi-party situations, 3. Pure multi-contract situations. A Pure Multi-Issue arbitration basically includes a plural number of claims between the two parties concerned. A Pure Multi-party case classically presupposes an arbitration clause which involves a plural number of parties concerned. After Party A takes a legal proceeding and then Party B institutes a request to Party C in the above proceeding. In that case the problem arises on whether it is allowed to do so or not. A Pure Multi-Contract case presupposes that when Party A and Party B have independent arbitration clauses based on separate contract relations, respectively, the problem is whether both above-mentioned proceedings can be unified into one or not. As for the above-mentioned complex arbitration, though international treaties are being formed, including the WTO treaties, the NAFTA treaties, the Mercosur treaties and others, legal regulations and customs have not yet been formed domestically. The institutional preparations will be necessitated in consideration of national legal status as well as international treaty relations.

• Journal of Digital Convergence
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• 제18권4호
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• pp.101-112
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• 2020

This study aims to discuss the current status of the ride-sharing platform industry, which embodies the core values of the 4th Industrial Revolution, sharing and connectivity, as well as economic, industrial, and legal issues. To understand the position of competing groups, the research conducted extensive literature reviews on domestic and international cases of technical and legal issues of the sharing economy. The result indicates that the ride sharing industry showed the economy of synthesis in which production, supply, distribution, and consumption are on one platform. It made possible to share values to users and synthesize them with new services through easy-access mobile application technology. To resolve the conflicts between the taxi industry and the ride sharing industry, this study suggests the following: Ride-sharing companies should make contributions to provide legitimate services. The taxi industry needs to understand the value of the new industry and consumers who chose the shared platform service. The significance of the current study is that it proposed a comprehensive analysis and policy direction toward the issue of balance between public and private interests and legal stability.

• Journal of Arbitration Studies
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• 제30권4호
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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.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• 제32권2호
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• pp.129-136
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• 2022

Objectives: Given the real problems at industrial sites related to the Serious Accident Punishment Act (SAPA), it has become controversial as a particularly important issue in terms of occupational safety and health. I intend to examine in detail what are the problems and how to approach them. Methods: The contents of SAPA were reviewed focusing on whether its provisions conform to the principles of occupational safety and health, whether they fit the related legal theory, and whether they are effective for accident prevention. The purpose of this study is to examine whether there is a problem with SAPA from the perspective of the effectiveness of accident prevention by combining occupational safety & health management theory, and legal theory. Results: In order to ensure the effectiveness of SAPA, it should be revised to increase the predictability and implementation of safety and health measure standards. Otherwise, it is expected that there will be not only economic and social costs in the short term, but also side effects that disrupt the safety law system, resulting in a considerable number of post-mortem conditions in the mid- to long term. Conclusions: It is easy to see in comparative law that raising the legal punishment alone does not have the effect of preventing industrial accidents. SAPA should be revised as soon as possible in the direction of faithfully and elaborately reorganizing the standards for safety and health measures.

• International Journal of Computer Science & Network Security
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• 제22권8호
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• pp.413-419
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• 2022

To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

• Molecules and Cells
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• 제40권6호
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• pp.410-417
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• 2017

Estimation of postmortem interval (PMI) is a key issue in the field of forensic pathology. With the availability of quantitative analysis of RNA levels in postmortem tissues, several studies have assessed the postmortem degradation of constitutively expressed RNA species to estimate PMI. However, conventional RNA quantification as well as biochemical and physiological changes employed thus far have limitations related to standardization or normalization. The present study focuses on an interesting feature of the subdomains of certain RNA species, in which they are site-specifically cleaved during apoptotic cell death. We found that the D8 divergent domain of ribosomal RNA (rRNA) bearing cell death-related cleavage sites was rapidly removed during postmortem RNA degradation. In contrast to the fragile domain, the 5' terminal region of 28S rRNA was remarkably stable during the postmortem period. Importantly, the differences in the degradation rates between the two domains in mammalian 28S rRNA were highly proportional to increasing PMI with a significant linear correlation observed in mice as well as human autopsy tissues. In conclusion, we demonstrate that comparison of the degradation rates between domains of a single RNA species provides quantitative information on postmortem degradation states, which can be applied for the estimation of PMI.