• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.33 no.5
• /
• pp.801-811
• /
• 2023

With the cyber incidents increasing every year, opinions are being raised that legal system relating to incident reporting needs to be revised to improve the cyber incident reporting rate, etc. Accordingly, this paper suggests a legal improvement to enhance the effectiveness of cyber incident reporting. First, by analyzing domestic media coverage, this paper defines the problems which need to be improved regarding an incident reporting system as "unreported" and "not timely reporting". Then, this paper finds four requirements for legal improvement like "a reporting entity", "a starting point of reporting", "a reporting deadline" and "a protection of reporting information" by analyzing the relationship between reporting relating problems and issues published by overseas institutions and additionally by analyzing the need to revise the law. Finally, through an analysis of legislative cases, this paper suggests a legal improvement for the requirements.

• Journal of Korean Society of Disaster and Security
• /
• v.5 no.1
• /
• pp.49-56
• /
• 2012

As ISO22301 (Societal security-Business continuity management systems-Requirements) related to BCM (BCP) was established in May 2012, KS A ISO22301 (National Standards) will be enacted at the end of the year. Foreign certification agencies at home and abroad are expanding their business, accordingly. And it is expected that there will be a trade barrier such as a demand for compliance with the Standards in the trade between companies. Hence I am trying to find the countermeasures of domestic companies and ways to invigorate Top Company Certification System in the reduction law (The Legislative bill on the support of voluntary activities of enterprises for disaster reduction).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.26
• /
• pp.3-34
• /
• 2005

This thesis is in focus on keeping int'l businessman in mind application of CISG to perform smoothly in the their oversea's trade in accordance with taking effect on ratification of it from first, March, 2005. First of all, they have to keep in mind that it is possible to fall within the sphere of application of CISG of their contracts made between parties whose places of business are in different countries or although they have their places of business in different contracting states, if rules of private int'l law imply or express to the application of law of contracting state. Therefore in order to avoid confusion about whether apply or not, it is necessary to customize application of CISG as a proper law of their contracts. If so, they can avoid problem of requirements as to forms and any other requirement as to forms. Secondly they must attend the use of the legislative history of CISG and the use of the int'l case law and various scholarly thesises that studied on CISG such as information of Institute of Int'l Commercial Law under School of Law, PACE University. If so, problems which can give a rise in connection with interpretation of a basic and important terminology of CISG will be successfully conquest. In addition to above mentioned attentiveness, they must keeping in mind that various problems in connection with application of provisions of CISG can give their oversea's business a obstacle. buy the way of precaution against this case, they have to collect and analyze various materials about CISG.

• Journal of the Korean Institute of Navigation
• /
• v.19 no.4
• /
• pp.9-40
• /
• 1995

Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

• Journal of Arbitration Studies
• /
• v.26 no.2
• /
• pp.115-134
• /
• 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.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.34 no.4
• /
• pp.781-799
• /
• 2024

Recently, the US and EU have been institutionally introducing and promoting Coordinated Vulnerability Disclosure(CVD) to strengthen the response to security vulnerabilities in ICT products and services, based on collaboration with white-hat hackers. In response to these changes in cybersecurity, we propose a three-step approach to introduce CVD through the Information and Communications Network Act(ICNA). In the first step, to comprehend the necessity and requirements for legislating CVD, we survey the current situation in Korea and the trends of CVD in the US, EU, and OECD. In the second step, we analyze the necessity for legislating CVD and derive the requirements for its legislation. In this paper, we analyze the necessity for legislating CVD from three perspectives: the need for introducing CVD, the need for institutionalization based on law, and the suitability of the ICNA as the legislation. The derived requirements for CVD legislation include the establishment and publication of Vulnerability Disclosure Policy(VDP), legal protection for white-hat hackers, and designation and role assignments of coordinator. In the third step, we introduce approaches to apply the requirements for CVD legislation to the ICNA, which is the law governing prevention and response to cybersecurity incidents in private sector.

• The Korean Society of Law and Medicine
• /
• v.25 no.1
• /
• pp.193-222
• /
• 2024

From a global trend, discussions on the patient's death with dignity are gradually progressing from the issue of withdrawal of life-sustaining treatment to the issue of whether to allow assisted death and its requirements. Several states in the United States and Western European countries such as Canada, Belgium, and the Netherlands have institutionalized treatment to accelerate the time of death through the assistance of doctors. In France, after a long period of raising and reviewing issues, discussions on related legislation are taking place at a slower pace than in other European countries. In France, social discussions and legislative attempts on death with dignity have been actively conducted since the late 20th century. The Leonetti Act of 2005 prohibited the continuation of meaningless treatment against the will of patients, and after the Clay-Leonetti Act of 2016, it was legalized to administer intensive and continuous sedatives to patients until death. However, unlike many neighboring European countries, treatment that speeds up the time of death itself is still prohibited in France, even if the patient wants. As the existential and universal question of whether to allow dying patients to die painlessly with the help of a doctor has recently emerged as an important issue, a number of lawmakers have submitted legislation to legalize assisted death. This paper examines the legislative process developed in relation to patients' rights to dignified death in France, and compares and reviews French legislation that attempts to legalize assisted death with the amendment to the Korean Life-Sustaining Treatment Act.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.21
• /
• pp.129-151
• /
• 2003

Nowadays even if environment of international commercial transaction is changing quickly municipal law could not meet with such change accordingly. So far, however, efforts towards unification have prevailingly taken the form of binding instruments, such as non-national or supranational legislation, international conventions or international model laws. Among them, the UNIDROIT Principles with parties' autonomous and yet non-binding character do not only meet the substantive requirements of a true law merchant. In addition they also counter some of the main points of criticism against the modern lex mercatoria. As such the Principles constitute a cornerstone in the lex mercatoria debate and may become the heart of the new lex mercatoria. The purpose of this article is to ask whether there could be applied the Principles in international commerce. For the purpose it is to investigate when the Principles are applied in international commerce and how effectively the Principles are applied for the decision in international commercial disputes. Even though the Principles are used for reference by parties involved for the voluntary regulation of their contract, it is sufficiently expected that the Principles are to be a stepstone of uniform contract law in international commerce. Until now cases of appling the Principles are not satisfied with its expectation as a source of non-legislative means of unification or harmonization of law. Given the party's autonomy in the contract, this is among other things because business parties are strongly tend to observe their national laws in their international commerce. And also, even though there are a number of neutral and uniform regulations for international commercial contracts, parties do not often recognize their usefulness with being up to expectation. In order to explore the applicability of the Principles a number of cases of ICC International Court of Arbitration and others are quoted.

• Journal of Information Technology Services
• /
• v.19 no.3
• /
• pp.57-73
• /
• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.75
• /
• pp.199-224
• /
• 2017

As Multi-National Enterprises expanded their investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation's charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small and medium sized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It's necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.