• Convergence Security Journal
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• v.11 no.4
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• pp.19-29
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• 2011

After a change of government and the inauguration of President Barack Obama in 2009, there are various effort to set up a cybersecurity policy which is better than its predecessor. The legislative trend of cybersecurity is the one aspect of that. So we compare the legislative trend of cybersecurity in the Obama era to one in the Bush era and analyze that and find items which is helpful to Korea. It seems that the point of cybersecurity legislation of U.S.A. changes from tougheners of penalties to improvements to implementation system. We can find the implications for Korea From that. Cybersecurity is covered as a problem all over the nation and a security problem. It is necessary for Korea to get ready for new Pax Americana in cybersecurity in advance and to guarantee fundamental human rights.

• Journal of the Korea Society of Computer and Information
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• v.24 no.3
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• pp.181-190
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• 2019

Today, in the information society, since the government administration of all countries places importance on clarity and efficiency, the authority concentration of the administration is inevitable. Therefore, the Parliament, which is a legislative body, is at a time when the policy control function to check and monitor it is becoming more important. In particular, due to the emergence of parliamentary democracy, in the reality that the people must elect representatives and represent their own opinions, the parliamentary inspection system is very valuable in that it satisfies the right of the people to know and ultimately enables the people to democratically control the administration. The role of the Parliament moves from the inherent legislative function to the information collection and disclosure of government administration, discussion and resolution of political issues, and observation and supervision of the administration. And it can be seen as the global trend. As a result of this trend, status and role of the National Assembly is being strengthened from the legislative body to the control agency of government administration. Thus, the most substantive authority of Article 61 of the Constitution can be deemed the parliamentary inspection system. The parliamentary inspection system is a system that let exercise the legislation, budget, and authority to control of state administration by identify the challenges and policy implementation of each country's institutions through the audit of the executive administration's overall government administration performance outside the National Assembly. However, due to the amendment of Constitution in 1988, the parliamentary inspection right and investigation of state administration right had reinstated and the parliamentary inspection system, which is being implemented annually, is the 31st year of the year in 2019. However, the general evaluation of the public is negative and insufficient time for inspections, lack of sanctions on nonattendance witnesses, excessive data submission, and refusal to submit materials by the administration were pointed out as the problem. Therefore, in this paper, the researcher tries to point out the overall problems of the parliamentary inspection system and to summarize the effective improvement plans.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.53-89
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• 2006

At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

• International conference on construction engineering and project management
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• 2015.10a
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• pp.750-753
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• 2015

The continuing trend of built environment set forth by the rise of modernization and industrialization has led every country in achieving their respective economic development. Along side this trend is an issue that needs to be addressed - the environmental impacts of the built industry. Construction and maintenance of buildings are said to consume 40% of the world's energy, 65% of electricity, and 40% of raw materials, creating drastic pollutants harmful not only to the environment but also to human. Figures have been released and analyzed proving the contributions of built environment with environmental depreciation. Said figures earned concerns not just from different private and non-profit organizations but also the governments of every country, thus, steps towards sustainable development are being implemented. As a response, the "green" was added in the built environment. Later on, the now emerging concept of "National Green Building Code" found its role in the policy of various states in protecting the people in accord with the nature. This paper appreciates the initiatives of various countries and non-profit organizations in their drive to pursue sustainable green built environment in general, and specifically proposes an establishment of an "incentives grant framework" as an additional legislative policy to be included in the draft of the National Green Building Code of the Philippines.

• Journal of Korea Technology Innovation Society
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• v.5 no.3
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• pp.367-381
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• 2002

This study deals with the technological trends in the automobile recycling technologies. It first discusses the importance and current situation of automobile recycling. And then it discusses the technological trends in automobile recycling industry classifying the technologies into three groups: disassemblying, recycling, and design. It deals with recycling of major parts of automobiles and the design of automobile for recyclability. This study also contains a patent analysis of the technologies. Different patterns in the trend of patents among various conn-tries are discussed with the context of legal and industrial situation of each country And finally it discusses the forecasting for the future technological and legislative trends.

• Journal of the Korean Solar Energy Society
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• v.23 no.4
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• pp.97-107
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• 2003

Recently, the apartment building has been constructed in large quantities to provide housings due to the gravitation of population towards large cities. However, we're faced with a critical problem of deterioration of our dwelling environment caused by the trend toward high-rise apartment which could be an obstruction in obtaining sufficient sunlight. Therefore, there have been several legislative actions against infringement on the right of sunshine. In the building law, sunshine hours and the minimal separated distance between apartments are regulated as the criteria for the site planning, However, the minimal separated distance was defined without consideration of the parameters like building orientation and thermal effect of the sunshine hours in the site planning for the apartment building. In this study, the sunshine hours and heating energy during the underheated season for various arrangements in site planning are carefully considered and analyzed.

• American Studies
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• v.44 no.1
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• pp.81-112
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• 2021

As polarization intensified in the United States, the voting support of the presidential party lawmakers has become the most important source of power for the president. The presidential party has been believed to legalize the president's agenda in a unified government and prevent legislation opposed by the president from being passed by the Congress within a divided government. However, even under party polarization, all the lawmakers and factions of the presidential party have not voted in accordance with the president's policy preferences. Statistical analysis shows that lawmakers who corresponded to the ideology median of the presidential party most strongly supported the president's agendas during the unified government. However, lawmakers with extreme ideologies voted more actively for the president than those with median ones during the divided government. Furthermore, this trend has been amplified regarding ideological factions.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• Korean Journal of Legislative Studies
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• v.27 no.2
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• pp.5-40
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• 2021

In the 4.7 by-election in 2021, the ruling Democratic Party suffered a record devastating defeat, breaking the trend of a post-intermediate evaluation confirmed in the recent election. Why did the Democratic Party lose by a large margin unlike the recent election trend? In order to find answers to these questions, this study analyzes the voting behavior of individual voters based on the voter consciousness survey data conducted after the 4.7 by-election, while examining the background and causes of such voter choices. As a result of the study, in the 4.7 by-election, as confirmed in previous studies, public opinion against the ruling government was strong, and negative elections were held. However, if we look at the process and results of this by-election in more detail, we can see that it is different from the general by-election. In the past by-elections, the government judgement was due to the passive participation of the ruling party-oriented voters in elections with low political weight, or the active judgement psychology that was maximized in situations where the political burden was less. However, in this by-election, on the contrary, in an election with a high political weight, the active judgement psychology of the Democratic Party and non-partisan voters had an effect on strengthening the midterm evaluation character of the election. In addition, it can be seen that the gathering of conservative voters who support the opposition also had a strong influence on the reinforcement of the midterm evaluation character of the election.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.77-100
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• 2019

Third-party funding in international and domestic disputes is a fast-growing trend and it is increasingly used by large, solvent companies that simply wish to share risk in their finance. On January 10, 2017, the Civil Law Amendment Bill was passed in Singapore and on June 2017 an "Arbitration and Mediation Legislation (Third Party Funding) Bill" in Hong-Kong had a third-party funding to finance the international arbitration and other dispute resolutions expressly approved. This arbitral tribunal's expanding discretion over critical interim measure of security cost was in issue. In Essar v. Norscot (2016), the arbitrator found that the additional third-party funding costs were recoverable as "other costs of the parties." In here, the decision showed the issue of a tribunal's power over cost measures could spread out to be reviewed and broadened through the legislative process. A recent investor-state arbitration case of ICSID, RSM Production Corporation v. Saint Lucia, covered the express awarding of security for costs where a claimant was funded by a third-party funder. It seems inevitable that the volume of third-party funding industry will grow more as time goes on. The next step would be to formulate guidelines on how to determine criteria against which an application for security for costs is measured.