• Title/Summary/Keyword: Legal revision

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Recommendations for Revising the Arbitration Act of Korea regarding Interim Measures by the Arbitral Tribunal to Promote Commercial Arbitration in South Korea (상사중재 활성화를 위한 중재판정부의 임시적 처분 제도의 개선 - 2016년 개정 중재법을 중심으로-)

  • Park, Jun-Sun
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.115-134
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    • 2016
  • Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

Current Status and Future Direction of Artificial Intelligence in Healthcare and Medical Education (의료분야에서 인공지능 현황 및 의학교육의 방향)

  • Jung, Jin Sup
    • Korean Medical Education Review
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    • v.22 no.2
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    • pp.99-114
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    • 2020
  • The rapid development of artificial intelligence (AI), including deep learning, has led to the development of technologies that may assist in the diagnosis and treatment of diseases, prediction of disease risk and prognosis, health index monitoring, drug development, and healthcare management and administration. However, in order for AI technology to improve the quality of medical care, technical problems and the efficacy of algorithms should be evaluated in real clinical environments rather than the environment in which algorithms are developed. Further consideration should be given to whether these models can improve the quality of medical care and clinical outcomes of patients. In addition, the development of regulatory systems to secure the safety of AI medical technology, the ethical and legal issues related to the proliferation of AI technology, and the impacts on the relationship with patients also need to be addressed. Systematic training of healthcare personnel is needed to enable adaption to the rapid changes in the healthcare environment. An overall review and revision of undergraduate medical curriculum is required to enable extraction of significant information from rapidly expanding medical information, data science literacy, empathy/compassion for patients, and communication among various healthcare providers. Specialized postgraduate AI education programs for each medical specialty are needed to develop proper utilization of AI models in clinical practice.

Incoterms 2000, Main Features and Problems (인코텀즈 2000의 특징(特徵)과 문제점(問題點))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.51-72
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    • 2000
  • The International Chamber of Commerce introduced in September 1999 its new publication Incoterms 2000(ICC Publication No 560). The ICC was building on the past experiences in its revision works. I have discussed and commented constructively some main features and problems of the new set of terms. Incoterms 2000 takes into account, like already its predecessor did, the possibility that the parties may decide to communicate electronically and replace a paper transport document by an equivalent electronic data interchange message. This possibility will certainly be much more used under the present set of terms. Incoterms 2000 is well recognised by the international legal community, taking into account also the endorsements by UNCITRAL to its predecessor in the early 90's. Incoterms 2000 does not have major competitors remaining. However, the ICC still faces a battle to convince more traders to refer to its terms and to teach traders to understand and to apply them correctly. Incoterms 2000 is a tool for international trade created by a global business organisation. Its members decide every day if and to what extent they make use of this tool. The members of the ICC have participated actively in the drafting and commenting of Incoterms 2000 and thereby shown again a great deal of dynamism in creating rules for their own everyday use. Under these circumstances, "ship's rail approach" related to delivery point, risks and costs should be replaced by "on board approach" under FOB, CFR and CIF terms.

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An Analysis on the Legislative Process and Problems of the Special Act on ICT (ICT특별법의 제정과정 및 문제점 분석)

  • Chung, Choong-Sik
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.111-128
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    • 2014
  • President Park Geun-hye Administration has established the Ministry of Science, ICT and Future Planning (MSIP) to build a creative economy using Information and Communication Technology (ICT). July 2, 2013, The National Assembly has legislated the special act on the ICT promotion and convergence so called special ICT Act. This special ICT Act has reduced the legal basis through legislative process and departmental agreement. Therefore many experts worried that since the MSIP's key functions and roles are being reduced, there will be a limit to the MSIP's endeavor for the advancement of science technology and the ICT promotion and convergence. The establishment of the Agency, together with the formation of 'IT Strategy Committee', is considered to be one of the core items of the Special Act on ICT. MSIP originally planned to integrate the ICT R&D functions scattered across many governmental organizations, including Korea Communications Agency (KCA), KEIT and Korea Creative Contents Agency (KOCCA), into the Agency to separate the national ICT R&D from private R&D and streamline the process of 'discovery-selection-evaluation-commercialization'. The analytical results in this study are supposed to the establishment of efficient ICT governance systems as the practical strategies to actively cope with the changes of ICT convergence environment. It is also expected to the revision on the special ICT Act in the ICT budget and governance. Therefore, MSIP should cover research and development (R&D) as well as major ICT promotion functions to a creative economy.

Policy Issues and Tasks of Public Libraries in Korea (국내 공공도서관의 정책적 현안과 과제)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.41 no.2
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    • pp.31-54
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    • 2007
  • The aim of this paper is to analyse correlation between the new library act and policy tasks of public libraries in Korea. In order to attain this objective, author set seven policy tasks, that is, amendment and complement of master plan for library development, unification of public library administrative system, institutionalization of local public library and information policy, job analysis and improvement of library personnel system, infrastructure expansion and revision of various legal standards, standardization of management evaluation and statistical system, and strong connection between public library and related cultural institutions. And author suggested the alternatives to drive and improve of these policy tasks.

A Study on the Comparison of Korea GMP with PIC/S GMP for Enhancing International Competecy of Medicinal Product Quality (의약품의 국제적 품질 경쟁력 확보를 위한 의약품실사상호협력기구(PIC/S)와 한국의 GMP 비교연구)

  • Kim, Jeong Yeon;Kwon, Kyenghee
    • YAKHAK HOEJI
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    • v.57 no.6
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    • pp.432-441
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    • 2013
  • It's been almost 20 years since the adoption of Good Manufacturing Practices (GMP) in Korea since 1994. There have been big progresses in the GMP regulations and its implementations. 'New GMP' in 2008 has adopted validation, pre-approval GMP evaluation, annual quality review, etc.. Upon the submission of PIC/S (Pharmaceutical Inspection Cooperation Scheme) application by Korea's Ministry of Food and Drug Safety in April, 2012, Korea is facing new opportunity to level up Korea GMP regulations. As such, this study suggested GMP revision points by comparing and analyzing the differences between PIC/S GMP and Korea GMP. Those areas which GMP is not required such as radiopharmaceuticals and medical gases should adopt GMP. And independent GMP regulation is needed for Active Pharmaceutical Ingredients and investigational medicinal products. Also, those regulations shall be implemented in the higher level of legal status. Finally, rather than pursuing GMP harmonization only for PIC/S membership, GMP improvement in the long term shall be taken into consideration by reflecting current quality issues such as ICH Q8 (Pharmaceutical development), Q9 (Quality Risk Management) and Q10 (Pharmaceutical Quality System).

The Impact of Japan's Pursuit of Constitutional Amendment on Marine Security and Countermeasures (일본의 개헌(改憲) 추진이 우리 해양안보에 미치는 영향과 대응방안)

  • Heo, Song
    • Strategy21
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    • s.44
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    • pp.54-78
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    • 2018
  • The core of the current constitutional amendment pursued by the Abe administration depends on the status of the Japanese Self-Defense Forces, which include the right to engage in war, in the legal and regular military positions. This is an important turning point for the Abe administration, which aims to become a normal country for Japan, and it is a series of steps that followed in the revision of the U.S. and Japan guidelines in 2015 and the overhaul of the security law in 2016. In this paper, we propose building "A navy Attractive to Alliances" as a way to secure Korea's maritime security under the current security environment. The term "attraction" refers to the alliance "first priority" especially in the United States. The way to do this is to transform the paradigm of the ROK-U.S. alliance into a naval hub in the vast seas, which will allow us to strengthen our national defense and even deter threats from neighboring countries. To this end, our navy needs to have a more active approach to U.S. East Asian strategy. If we can convince the United States to be a nation that contributes more to its East Asian strategy, it will only lead to a strengthening of the status of its alliance and expansion of its unilateral support and military capability against Japan, thus minimizing Japan's influence.

Trend Analysis and Revision of the Special Library Standard in Korea (전문도서관 기준의 동향과 개정 방향 연구)

  • Kim, Hong-Ryul
    • Journal of Information Management
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    • v.43 no.1
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    • pp.1-22
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    • 2012
  • The standard of library is to provide the mission and goals, user services, and operations management of the library. Also, it is can be used as a tool that evaluate a various services and programs of the library. However, library standard of domestic does not reflect a realistic situation of special libraries, therefore it should be revised immediately. In this study, I analyzed the international trend of special library standards in major countries, and compared the legal and recommended standards, and evaluation indicators in Korea. As a result, revised directions of new standard have been proposed. Proposed directions will contribute in revising the special library standard of Korea.

On the Old Prints of Daemyeongryul-Jikhae(大明律直解) possessed at Komazawa University and Hosa Library(蓬左文庫) (고마자와대학과 호사문고에 소장된 『대명률직해』 고판본에 대하여)

  • Chang, Kyongjun
    • Korean Linguistics
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    • v.64
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    • pp.117-168
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    • 2014
  • The purpose of this study is to examine woodblock prints possessed at Komazawa University and Hosa Library which are most precedent versions among a number of different versions of Daemyeongryul- Jikhae. This study has determined that both of two prints are same version printed by identical woodblock and the print of Hosa Library out of them was the fine version printed at an earlier stage. Moreover, this study has compared the print of Hosa Library with that of Mansong's collection of books in Korea University, thus the distinction has been classified into 4 types and described in detail. From the analysis about the difference between the prints of Hosa Library and Mansong's collection of books, this study has extrapolated the versions of Daemyeongryul-Jikhae in the early period of the Joseon Dynasty. This study suggests that the print of Daemyeongryul-Jikhae in Hosa Library demonstrates revision of legal articles and literal translation of the articles and thus, it is valuable literature that provides a basis for revising error in later versions including the print in Mansong's collection of books. Since various simplified forms and variants of Chinese characters were used in the print of Hosa Library, it is useful literature for studying Chinese character culture which was prevalent in local at the early period of the Joseon Dynasty.

Can Angular Deformity Due to Sacrococcygeal Fracture Cause Permanent Impairment? : Current State and Problems in Korea

  • Cho, Dosang
    • Journal of Korean Neurosurgical Society
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    • v.65 no.2
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    • pp.173-179
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    • 2022
  • Disabilities can emerge due to traumatic spinal fractures. In terms of sacrococcygeal spine, because of its unique anatomic structure with minimal movement, the possibility for it to have a disability is relatively low. In Korea, unlike most disability criteria, private insurance companies acknowledge angular deformities caused by vertebral fractures as disabilities according to their degree, so there were several cases where patients required compensation, arguing angular deformity caused by sacrococcygeal fracture, which in some cases led to legal conflicts. Except the Act Welfare of Persons with Disabilities which recognizes only severe angular deformity affecting internal organs as disability and the industrial accident disability evaluation which does not recognize coccygeal fracture as disability but rarely recognizes sacral vertebra deformity equivalent to compressive deformation, there is little or no case where angular deformity is recognized as disability. Given the impairment evaluation standards in social insurance, McBride system, American Medical Association (AMA) guides, and newly proposed standards by the Korean Academy of Medical Sciences (KAMS), the most contentious point in the general terms and conditions of private insurance is spinal deformity. To overcome controversy over disability evaluation, the private insurance sector is now applying criteria for axial skeleton to sacrococcygeal vertebrae through revision of standards. Under these circumstances, it is fair to recognize sacrococcygeal fracture as impairment in terms of the pelvis only when the fracture leaves serious deformity and neurological symptoms with clear relevancy. Though it may not be easy to develop accurate disability evaluation standards, improvement is necessary to remove any irrationalities and make the standards as objective as possible.