• Fire Science and Engineering
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• v.26 no.1
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• pp.80-88
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• 2012

This study evaluates the fire resisting capacity of the beam of the legal fire resistance construction, which establishes the Article 3 of the Regulations on Escape and Fire Resistance of Buildings. There are a total of five structures that we consider as legal fire resistance constructions, however, this study has a primary target of the reinforced concrete beam, and tests the fire-resistant performance depend on the covering depth of reinforce concrete. The results showed that it meets the three hours, the maximum statutory fire resistance time, if it was a load ratio of 0.5 and covering depth of 40 cm. Steel framed mortar beam is legal fire resistance structure that it was possessed three hours fire resistance performance, if it was a load ratio of 0.4 and covering depth of 60 mm.

• Journal of the Society of Disaster Information
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• v.14 no.2
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• pp.115-121
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• 2018

Purpose: The purpose of this study is to identify the legal status of enterprise disaster management standards established as part of business continuity management and to ensure resilience, and to improve the problem of application of industry disaster management standards in related industries. Method: We collected relevant data for the study and conducted a literature review on the logistical definition of laws and academic systems such as constitution and enterprise disaster reduction law, and HLS structure. Results: It has been confirmed that the enterprise disaster management standards in the Enterprise Disaster Management Standard are higher in the legal status than the ISO 22301: 2012 international standard. Conclusion: Through this study, it is necessary to establish a development direction of application and related regulations by clarifying the enterprise disaster management standard according to the enterprise disaster reduction law.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.3-24
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• 2009

This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.1
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• pp.93-99
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• 2013

It is expected to continue to increase the number of people who enjoy marine and water sports due to the increase of leisure time because of income increase, the five-day workweek, etc. However, in the safety awareness, the development of equipment is just in the early stage. Established system for fundraising is required for Korean marine and water sports to be developed first. Should the fund be spent on the safety and development of domestic equipment for marine and water sports, it would make for a safer and more enjoyable sports for the people. The profit return measures of motor boat race, among marine and water sports, are surveyed and analyzed to suggest the measures stated above. Japanese legal structure and the profit return measures on motor boat race, which are about 60 years ahead than Korean systems, were analyzed and led to suggest the establishment of professional institutions which promote motor boat, etc. and the legal improvement for funding.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 1998.04a
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• pp.128-155
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• 1998

Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

• Journal of the Korean Society of Clothing and Textiles
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• v.44 no.6
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• pp.1120-1138
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• 2020

This study focused on the increasing fashion industry disputes that have resulted from the development of technology and industry. This study examines the improvement of domestic law, along with U.S. precedents that represents a larger fashion market and more legislative cases than Korea. Analyzing previous studies in Korea and the U.S. for theoretical background, it has uncovered limitations that apply to fashion design-related cases, rather than entire lawsuits involving various fashion industries. This study divided litigation into lawsuits involving products, human resources, and other lawsuits (such as incidents such as breach of contract, and portrait rights). Therefore, most lawsuits are related to products because of false socio-cultural perceptions about design imitation in the fashion industry. Lawsuits related to human resources are expected to arise due to the expansion of the Korean fashion industry and the expansion of overseas markets. Finally, new and unexpected conflicts will arise as the environment and social structure diversify. The importance of this study is that real case analysis can help reduce disputes because it can resolve legal instability due to the ambiguity of the interpretation of current law and suggest implications for dispute resolution.

• Journal of the Korean Society for Library and Information Science
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• v.51 no.4
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• pp.183-201
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• 2017

The purpose of this study was to examine the current staffing practices in public libraries and to analyze the relevance of legal standards of public library staffing. It analyzed the national library statistical data to obtain the national average staffing rate, reviewed related literature to understand the rationales that established the key attributes that construct the current legal standards, and compared the placement rates of the three standards, namely the current legal standards, Korean Library Association's standards, and IFLA staffing standards, to determine the optimacy of the legal standards. It found the current placement rate in the legal standard was only 18.2%, marking the lowest rates among the three compared standards, indicating the current legal standards being unnecessarily high. The study attributes the problem to the structure of the current legal standards that calculate the staffing size based on the building and collection size rather than service populations. The findings of this study suggest a revision of the current standard based on service population while retaining the minimum staffing of three librarians even the smallest public library unit.

• 한국디지털정책학회:학술대회논문집
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• 2004.11a
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• pp.233-246
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• 2004

This paper proposes a design of a citizen advisory model under the consideration of the unique characteristics of the government, namely complex structure of goals, predominance by laws, knowledge driven organization, and the good governance objectives. The legal knowledge-based technology is explored with the aims to facilitate citizens in accessing e-government services in five phases: search, intake, decision-making, explanations, and objection and appeal phases. The design of the citizen advisory model consists of four components: specific service advice, customized form fill-in service, decision-making services, and a statement of reasons service. The prototype of the citizen advisory model is illustrated using the Thai Anti Dumping and Countervailing Act 1999 as a legal domain and e-government services example.

• 한국디지털정책학회:학술대회논문집
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• 2004.11a
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• pp.311-331
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• 2004

This paper addresses the democracy-oriented regulatory and legal requirements that e-democracy impacts. It demonstrates that the structure of the political system also plays a significant role in the decision to develop an e-voting application. The short term perspective of the questions put before the electorate obliterate the long term perspective in which many policy problems have to be seen. A well-designed e-voting system should produce an audit trail that is even stronger than that of conventional systems (including paper-based systems). Remote Internet voting systems pose significant risk to the integrity of the voting process, and should not be fielded for use in public elections until substantial technical and social science issues are addressed. Conclusively the paper focuses on the specific attributes an electronic voting (polling place) system should respect and ensure such as transparency, verifiability, accountability, security and accuracy in relation to the constitutional requirements such as General, Free. Equal, Secret, Direct and Democratic.