• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.199-239
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• 2010

In 2008, the Korean Supreme Court came across a plaintiff's claim to return his deceased father who had left family more than four decades ago and lived with another spouse(de facto) in the meantime to be buried after death in a cemetery of his own choice. The major opinion decided to approve the claim, on the ground that the first legitimate son should be the "head worshiper" prescribed in the article 1008-3 of the Korean Civil Code and that the corpse belong to the head woshiper, i. e. the head woshiper has a special "limited ownership" over the corpse for the purpose of its burial and worship, adding that a deceased's disposition inter vivos, if any, be only ethically but by no means legally binding others, including the head worshiper of course. Here scrutinized are the historical developments starting from the Roman criminal law of sepulchri violatio(trespass to grave) through the Canon law of the Middle Age and the doctrinal reactions to the challenges of anatomy and surgery to the formation of the "supporting the deceased" theory in Germany as well as the similarities in other european continental countries(Switzerland, Austria and France). The comparative review shows that the right of remaining family could neither be identified as limited "ownership" nor that the controversy over a corpse be solved by exclusively attributing/distributing it to one/some of the descendants. In principle, the question should be approached in the extension of family support.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.7 no.1
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• pp.166-183
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• 2013

It requires a lot of costs and manpower to manage an election. The electronic voting scheme can make the election system economic and trustful. The widespread use of smart phones causes mobile voting to be a major issue. The smart phone can be used as a mobile voting platform since it can carry out many services in addition to basic telephone service. To make mobile voting practical and trustful, we analyzed two subjects of study. Firstly, the way to make a biometric based mobile ID, which has legal binding forces. In mobile voting, user identification is accomplished on line since the voter should be able to vote wherever they go. The digital ID conducts a similar role to the need for a resident card. The user's identity is bound to the resident card legally. To bind the user's identity to the smart phone, we use USIM. Biometric recognition is also needed to authenticate the user, since the user cannot prove him or her on line face-to-face. The proposed mobile ID can be reissued by means of introducing a random secret value. Secondly, the mobile voting scheme is proposed where candidates can accept election results without doubt. The goal of an election is to select a leader among two or more candidates. Existing electronic voting schemes mainly focus on the study of ballot verification accomplished by voters. These approaches are not safe against collusion attacks where candidates and the election administration center are able to collude to fabricate election results. Therefore, a new type of voting and counting method is needed where candidates can directly take part in voting and counting stages. The biometric based multi-signature scheme is used to make the undeniable multi-signed ballot. The ballot cannot be verified without the help of all candidates. If candidates accept election results without a doubt, the fairness of the election is satisfied.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• The Journal of the Korea Contents Association
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• v.15 no.4
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• pp.75-87
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• 2015

This study aims to explore how the copyright for writers of informative TV programs and documentaries is protected in the reality of broadcasting. For this study, 12 writers and the head of copyright department of the Korea TV & Radio Writers Association were interviewed in depth for research. Our interview findings suggest that writers have worked without written agreement signed by some form of legally binding contract. Instead, they have made verbal contracts. Writers should be aware of the reality of copyrights and request to readjust of basic copywriting fee from the Writers Association and each broadcasting station.

• Journal of Arbitration Studies
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• v.26 no.1
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• pp.3-27
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• 2016

There is a need for disputes in sports to be settled by arbitration rather than a court ruling, taking the unique characteristics of sports into consideration. Arbitration is a form of alternative dispute resolution (ADR). A dispute resolution system is regarded as: an arbitrator is selected by the agreement between the parties, and a binding decision is made, which the parties obey, consequently resulting in a final resolution. To resolve a dispute upon arbitration, there must be an arbitration agreement upon the free will of the parties. In relation to the arbitration agreement, however, there are some cases in which sports organizations have an arbitration clause in the articles of association, regulations or player registration application that call for settling disputes by arbitration. In such cases, the validity of the arbitration agreement may create doubt whether or not this sort of arbitration has been made by mutual agreement. Consequently this is required to be legally examined. The activities of a sports organization are recognized as part of private autonomy, and they include even the rights that establish regulations or rules. Nonetheless, the powers that such sport organizations are able to establish are not allowed without limit. However, sports activities and autonomy shall be protected as themselves. Therefore, if we give priority to arbitration upon the independent arbitrator and fair process by establishing an independent arbitral organization in charge of sports disputes to handle the effective resolution of disputes and protect sports autonomy and ask for a court decision if one party disobeys the arbitration, or the sports arbitration prepositive principle, it seems helpful to resolve the unfairness of compulsory jurisdiction and the clause for sports arbitration and protect the player's right of choice and of claims for trial.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.47
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• pp.107-123
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• 2002

This paper is intented to present a information of various aspects of quality related characteristics and standards for grades in maize. Maize is world's one of the three most popular cereal crops and a primary energy supplement and can contribute up to 30, 60, and 98% of the dairy diet's protein, net energy, and starch, respectively. Maize is also processed into industrial goods by wet or dry milling. Sweet corn is a leader among vegetable crops and its production for fresh or processing markets is a major industry in many countries. Over the years, the combined efforts of breeders and geneticists, biochemists, food scientists, and others have helped bring us to the point where we understand issues related to sweet corn quality. Traditional criteria for selecting corn hybrids have been based primarily on agronomic factors, including grain production, disease resistance, drought tolerance, and storage characteristics. Little emphasis has been placed on the quality and nutritional values of corn. Although there is widespread interest for value-enhanced corns have increased tremendously in the last five years, there is limited information available on the production and comparing the quality attributes of specialty grains with those of normal yellow dent corn. Most countries have developed national maize standards, aiming to provide a framework for trade, both internal and external. Where trading involves direct choice and price negotiation in front of the commodity, grading standards are rarely employed; quality is assessed visually and is influenced by end-use, and the price is determined more by local rather than national factors. The use of an agreed standard will provide an unambiguous description of the quality of the consignment and assist in the formation of a legally-binding contract. Standards can also be seen to protect consumers rights through setting limits to the amount of unsuitable or noxious material.

• The Journal of the Korea Contents Association
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• v.11 no.5
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• pp.481-488
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• 2011

Generally speaking, a document is a mutual promise between two parties and functions as a legally-binding trust for a transaction. A document should be produced on a mutual agreement basis, and its credibility shall be attained if the transparency of a document production is ensured. Therefore, sequence analysis of the procedures in a document production is very important for appraisal of a document. The purpose of this research is to distinguish sequence association between the erased carbon ingredients of a pencil and the ingredients left in a ball-point pen and thus suggest a method that determines whether mutual agreement was applied or not in signing an insurance policy. This method analyzes if the carbon ingredients of a pencil are left in the bottom section of a ball-point pen through infrared photography. If the carbon ingredients of a pencil are left in the bottom section of a pen, the pen shall absorb infrared rays and mark a dense concentration. This method applies a relatively simple infrared photography system and therefore shall be beneficial to a personal appraisal store.

• Korean Journal of Plant Resources
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• v.16 no.3
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• pp.169-180
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• 2003

Biodiversity is defined as totality of genetic, species, and ecosystem variability. It provides natural sources of crop improvement, traditional medicine and biotechnology. In 1993, the Convention on Biological Diversity(CBD) became a legally binding framework for conserving and utilizing global biological diversity. It recognizes national sovereign rights over all genetic resources, such as the need to compensate developing countries for the resources they have provided to the industrialized world. The CBD grants access to those resources in exchange for compensation as well as technology transfer, so that the access to genetic resources would be made under prior informed consent(PIC) and mutually agreed terms(MAT). On the other hand, the developed countries argued that unfettered exchange of genetic resources was essential for scientific research and development, and that technology using genetic resources should be protected. There are many countries today, developing legal frameworks concerned with access to their local genetic resources and benefit sharing. In this study, we analyzed the international trends for conservation of biodiversity and sustainable use of genetic resources, and suggested how to cope actively with the situation.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.987-994
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• 2021

The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2^nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3^rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.