• Ocean and Polar Research
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• v.29 no.2
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• pp.165-185
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• 2007

Exploitation of transboundary oil and gas on continental shelves may cause conflicts between or among States concerned due to the physical character of these resources. As oil and gas are fluid, exploitation of such a transboundary oil field by one side may affect other parties in other jurisdictions. However, there is no universal international legal regime on the issue. This article tries to find the international legal regime governing such resources through analysing UN Assembly's resolutions, UNCLOS, international judicial opinions, bilateral agreements and ILC activities relating to transboundary natural resources. As a result of this study, it seems that each coastal State has an inherent sovereign right on its part of the transboundary oil and gas deposit, but this right is not unlimited. Each state involved with the deposit has a duty to cooperate with other states-through information exchange, consultation, and negotiation. Furthermore, the state has an obligation to refrain from unilateral action when there is a possibility of causing irrevocable damage to the interests of the other states.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.85-90
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• 2022

In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

• Journal of Information Technology Services
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• v.22 no.4
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• pp.53-80
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• 2023

Expectations for artificial intelligence technology are increasing, and its utility value is growing, leading to active use in the public sector. The use of artificial intelligence technology in the public sector has a positive impact on aspects such as improving public work efficiency and service quality, enhancing transparency and reliability, and contributing to the development of technology and industries. For these reasons, major countries including Korea are actively developing and using artificial intelligence in the public sector. However, artificial intelligence also presents issues such as bias, inequality, and infringement of individuals' right to self-determination, which are evident even in its utilization in the public sector. Especially the use of artificial intelligence technology in the public sector has significant societal implications, as well as direct implications on limiting and infringing upon the rights of citizens. Therefore, careful consideration is necessary in the introduction and utilization of such technology. This paper comprehensively examines the legal issues that require consideration regarding the introduction of artificial intelligence in the public sector. Methodological discussions that can minimize the risks that may arise from artificial intelligence and maximize the utility of technology were proposed in each process and step of introduction.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.151-171
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• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• Journal of the Korean Institute of Navigation
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• v.19 no.3
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• pp.67-81
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• 1995

There is a vessel which shall not impede the passage of any other vessel in the COLREGS 1972. But the issue was raised that the words of "not to impede" were vague. Therefore, IMO adopted new paragraph (f) to be added to Rule 8 that a vessel which is required not to impede the passage of another vessel is not relieved of this obligation if approaching the vessel so as to involve risk of collision. It means that the ship which is obliged not to impede should contributes to avoid collision and to the safe passage of the other vessel. Also it results that the application of Collision Rules should be changed. But until now, it seems that the mariners are not familiar with this subject. This paper, therefore, aims to define the meaning of "not to impede" and clarify it's legal concept so as to adequate application of the Collision Rules for the collision avoidance at sea.on avoidance at sea.

• Journal of the Korea Society of Computer and Information
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• v.21 no.3
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• pp.105-111
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• 2016

Circulating various pieces of unlawful information that violate the law by leaking personal information or circulating violent/sexual materials or malignant programs in the cyberspace is unlawful, and blocking this beforehand is an important duty of the state. Preceding discussions on the legal restriction of unlawful information in the cyberspace have mostly been focused on the criminal responsibilities and civil responsibilities of information communications service providers, but this study has approached it with emphasis on the issue of police responsibility for the exercise of police authority to block unlawful information. It is because the principles of police responsibility to determine the target of police authority to block unlawful information provide the standards for the interpretation of existing laws and regulations and function as legislative principles for the enactment of new laws and regulations to prevent risks in the cyberspace.

• Journal of Agricultural Extension & Community Development
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• v.23 no.4
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• pp.419-429
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• 2016

This study focuses on the policy priorities for training agro-healing experts. Training agro-healing experts is an important task that should boost local community in rural areas. In order to make an efficient decision making, the study analyses priority of relevant policies using the AHP(Analytic Hierarchy Process) method. According to the results, R&D comes out first. Human Resource Development(HRD), financial support, and the construction of legal system comes after R&D. In R&D, qualifications and guidelines for participants comes out the most significant issue. In the aspect of HRD, it is very important to develop and utilize regional personnel such as unemployed youth and retirees from related fields. As for financial support, funding for educational facilities (i.e. classrooms and farmland for practice) is needed. In case of legal system, it is desirable to introduce the recruiting experts system and qualification system certified by government.

• Journal of the Korean Society of Hazard Mitigation
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• v.4 no.3 s.14
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• pp.19-23
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• 2004

In current society, there has been rapid change in process towards the information society from the industrial society. Cyberstalking can be regarded as a kind of new comer in the issue of contemporary crimes. The Cyberstalking has been focused on famous people and entertainers in th past, whereas more seriously, the range of victims has expanded to the public in recent. Form this aspect, the goal of this study is establish the cyberstalking by considering causes, characteristics and suggest legal, social methods.