• Journal of Digital Convergence
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• v.4 no.2
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• pp.97-108
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• 2006

The purpose of this study is to generate a proper regulation improvement direction of the public If project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract, The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• 한국디지털정책학회:학술대회논문집
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• 2006.06a
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• pp.319-353
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• 2006

The purpose of this study is to generate a proper regulation improvement direction of the public IT project contract law through the current four contract methods and three methods of the awarding party of a contract method. The research method for this paper is derived from the written materials of the present public IT project contract law. Two problems have been processed in order to produce the results: the current contract methods and the awarding party of a contract method. The current contract methods consist of a competition contract, a private contract, and a supply methodology contract. The methods of the awarding party of a contract display a qualified evaluation regulation, the 2nd step competition bid, a standard cost separation tender, and a contract by a negotiation. The results exhibit that the general competition contract consists of four improvement items. The contract by a negotiation contains five improvement items. The group private contract has one improvement item. And the private contract includes one improvement item. These results implicate that the current public IT project contract law demands better improvement work for the ubiquitous Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.91-120
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• 2006

An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. Contracting parties who have made a valid arbitration agreement will submit a dispute for settlement to private persons(arbitrators) instead of to a court. Arbitration may depend upon the agreement of the private parties, but it is also a system which has been built on the law and which relies upon that law in order to make it effective both nationally and internationally. That is to say, arbitration is wholly dependent on the underlying support of the court. The complementarity of the courts and of the arbitrators is a well-established fact; they seek for the common purpose, the efficacy of international commercial arbitration. Most states' laws contain the provisions which have been set for the supportive role of the courts relating to arbitration; (1) the enforcement of the arbitration agreement(rulings on validity of the arbitration agreement), and the establishment of the tribunal at the beginning of the arbitration, (2) challenge of arbitrators, interim measures, and intervention during evidence in the middle of the arbitral proceedings, (3) filing of the award, challenge of the arbitral award, and recognition and enforcement of the arbitral award at the end of the arbitration. Most international instruments and national laws concerning arbitration believe that authoritative courts should play their power not to control and supervise arbitration but to support and develop the merits of arbitration at most. 1985 UNCITRAL Model Law also expressly limit the scope of court's intervention to assist arbitration, not to control it.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.69-81
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• 2000

Under the co-sponsorship of UNIDROIT and I.C.A.O., a preliminary draft Convention on International Interests in Mobile Equipment and a preliminary draft Protocol on Matters Specific to Aircraft Equipment has been prepared. The purpose of the Convention is to provide for the creation and effect of a new international interest in mobile equipment. The Convention's approach is quite novel in that it purports to create an international interest based upon the convention itself. The Convention is intended to be supplemented by Protocols, each of is intended to provide equipment-specific rules necessary to adapt the rules of the Convention to fit the special pattern of financing for different categories of equipment. To date, two sessions of governmental experts were held in Rome and Montreal. Korean delegations attended the two sessions. One of the members of the Korean delegation published a report on the first session. He expressed his objection to the so called self-help remedy contemplated by the current preliminary draft of the Convention which enables the holder of a security interest to repossess and dispose of the subject of the security interest by private sale rather than public auction on the occurrence of an event of default of the debtor. His view is based upon his understanding that under Korean law, the only remedy available to the holder of a security interest in mobile equipment, such as an airplane, is to apply to the competent court for a public auction. In my view, his understanding is not quite correct and is inconsistent with the current practice in Korea. Under Korean law, the parties' agreement for private sale is in principle valid unless there is an interested party who has acquired a security interest after the creation of the prior security interest or a creditor who has caused the subject of the security interest to be attached by a competent court. In this article, I discuss the current Korean law and practice relating to the enforcement of security interests by private sale in more detail.

• Korean Association of Arts Management
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• no.51
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• pp.191-219
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• 2019

Adoption of applicable law for the international trade of artworks is closely related to the results of lawsuits. Recently, starting with New York, the hub of the international artworks market, a modern, mixed-law is gradually being adopted more. It is difficult to designate an applicable law of an international trade of artworks through private laws regulations of relevant countries, and the public laws regulations must also be considered in relation to individual benefits and the public benefits to the relevant countries. With regards to the foreign relations issues, Korea's private international law embraces a so-called public order theory, and according to the Section 7 of the Act on the Private International Law and its enactment history, the compulsory provision, which seems appropriate for application to the corresponding matter, applies without regards to the selection of the applicable law. The Civil Act of Korea acknowledges bona fide acquisition of a cultural asset, in principle, if the Cultural Heritage Protection Act is not applicable. Moreover, a lost artwork is also a subject of bona fide acquisition; however, if the relevant artwork is either stolen or lost, the original owner has the right to demand the return of that artwork within 2 years of being stolen or lost according to the Section 250 of the Civil Act. Also, if the buyer purchased from a distributor specializing in the artworks, such as auction, open market or gallery, the buyer could request a compensation of the purchase price from the original owner, and if the buyer purchased through a private transaction, the buyer cannot demand a compensation of the purchase price and must return the artwork.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• Journal of Applied Tourism Food and Beverage Management and Research
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• v.7
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• pp.7-39
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• 1997

Many of legislations related to tourism has been made up to now since the year 1961 when modern tourism studies started. In restropect of the year 1988, the year 2002 is expected to be another chance for tourism. In order to take this chance again, new laws and regulations are necessary. Therefore, the object of this study are decided as follows: 1) to put 'the right to go sightseeing' in statutory form at constitution. 2) to realise the private law of tourism 3) to make the environment law of tourism 4) to make the facility law of tourism 5) to make the transportation law of tourism 6) to make the cultural property law of tourism 7) to make the food law of tourism 8) to make the related law of tourism 9) to make the advertising law of tourism, the tax law of tourism, and the economy law of tourism As tourism laws like above exist, tourism industry would be developed more than now.

• Korean Security Journal
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• no.17
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• pp.255-276
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• 2008

The important items, which should be considered in Private Investigation Law, can include subjects, licenses, the scope of business, qualifying examinations, and supervisory and penal provisions. The subjects of Private Investigation Law should be permitted to be both natural persons and juridical persons in terms of providing various services, but should be permitted to be juridical persons and should be administered on a license system, even in order to ensure public interests. Concretely, the introduction scope of Private Investigation Law can be regulated to include the followings: that is, investigating the whereabouts identification of runaways and missing children, investigating the personal identification, habit, way of action, motivation, whereabouts identification, real child confirmation, association, transaction, reputation, and personality of specific persons or specific groups, investigating the whereabouts identification of missing persons, owners of government-vested properties or renounced properties, investigating the whereabouts of lost properties or stolen properties, investigating the causes of fire, character defamation, slander, damage, accident, physical disability, infringement on real estate or movable property, and investigating all sorts of accidents including traffic accidents, insurance accidents, and medical malpractices. In the qualifying examination, examinees' age should be restricted to be over age 25. The person, who is exempted from its primary examination, should be restricted to be the person, who has the career of over 20 years in related fields, in consideration of its equity with other certificates of qualification. In the supervisory institution, as the policy institution is the supervisory institution in many countries including France (the police) and Japan (public security committee), so the National Policy Agency should be the supervisory institution in consideration of management aspects. In the penal regulations, especially, we should clarify the management of personal information (personal information protection, personal information management), and so should prevent the infringement of people's basic rights, and then should ensure the public interest.

• Korean Security Journal
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• no.20
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• pp.249-270
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• 2009

There have been great demands for various private searches and collecting information activities. but in korea it is still banned to supply private investigation service and to use the term 'private investigation'. So establishment of desirable model for private investigation service system is essential factor in strategic approaching for privatization of policing. In most developed countries private investigation service system is generally permitted and various methods to solve the side effects of that are considered. It is necessary to revise more the Security Business Law to introduce private investigation service system so that the dispute on determining how to do and what to do. It looks like that police agrees with the introduction of the private investigation service system because this could be an option when it comes to the job that its members can take after retirement and because this system helpful their own work. Actually Korea government have tried to prepare the law enactment of the private investigation service system since 1999 but have been failed. This study focuses on implementing the suitable system for private investigation service in Korea, which includes the consideration of the logical validity of the introduction by comparing with other foreign private investigation service system. We should make research and effort to cope with such as a partial amendment about the problem and the side effect that can be happened in a beginning stage of system trial.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.19 no.6
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• pp.135-144
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• 2009

This paper discusses an issue of serious security risks at web log which contains private information, and suggests solutions to protect them. These days privacy is core information to produce value-added in information society. Its scope and type is expanded and is more important along with the growth of information society. Web log is a privacy information file enacted as law in South Korea. Web log is not protected properly in spite of that has private information It just is treated as residual product of web services. Many malicious people could gain private information in web log. This problem is occurred by no classified data and improper development of web application. This paper suggests the technical solutions which control data in development phase and minimizes that the private information stored in web log, and applies in operation environment. It is very efficient method to protect private information and to observe the law.