• 한국중재학회지:중재연구
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• 제25권2호
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• pp.49-70
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• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• 통상정보연구
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• 제11권2호
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• 한국항공운항학회지
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• 제28권4호
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• pp.141-146
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• 2020

The International Civil Aviation Organization (ICAO) developed Doc 9995 "Manual of Evidence-based Training," with the intention of providing guidance by establishing a new methodology for the development and conduct of a recurrent training and assessment program. The airline pilot training regulations were largely based on the evidence of hull losses from early generation jets, and in order to mitigate a risk, simply repeating an event in a training program was sufficient. At the time, studies concluded that it was time to change the paradigm of training and assessment program for pilots. One airline alone implemented Evidence-Based Training (EBT) program in their flight crew training and assessment program while another airline partially implemented the EBT program. In the regulatory framework of MOLIT, specific EBT regulations have not been established yet. Therefore, it is recommended to develop rules and standards that comply with ICAO SARPs as soon as possible. In this study we review the key steps in the implementation of the baseline EBT, approval process of baseline EBT program, and policy options regarding the implementation of EBT. It will provide guidance to operators, Approved Training Organizations (ATO), and stakeholders.

• 건축역사연구
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• 제28권6호
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• pp.67-76
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• 2019

The purpose of this study is to identify the context of enactment and the application to the design of in 1916. The characteristics of the composition are as follows; First, One-third are general rules of common application, Second, regulations related to cold resistance are set up separately, last, each of the 21 articles was equally divided for schools, hospitals and prisons. The standard reflect the times of the mid-1910s. The Trend of using of the Western Building System in the 1910s, The need for building construction against cold weather, and Actual conditions of renovation, extension and new plans by facility. Furthermore, the fact that various regulations concerning standard design were enacted and used in various Japanese institutions around the 1910s may have influenced the establishment of the standard. Meanwhile, after checking the status of the reflection of the standard on the planning drawings of the government facilities around 1916, it was also found that the plan was carried out in compliance with the provisions of the standard, and that the items already applied before the enactment had been organized into architectural standards.

• 수산경영론집
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• 제46권3호
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• pp.163-176
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• 2015

Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

• 무역학회지
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• 제42권2호
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• pp.29-52
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• 2017

물품매매계약은 매도인에 의한 물품 및 서류 인도의무의 이행을 통해 매수인에게 소유권을 이전하는 것이 목적이다. 그러나 국제물품매매에서 준거법으로 사용되는 CISG와 Incoterms에서는 소유권 이전에 관한 상세한 규정이 없기 때문에 각국의 국내법을 원용하고 있다. 따라서 본 연구는 한·중 물품매매에서 준거법으로 사용될 수 있는 CISG, Incoterms, 중국 합동법, 한국 민법의 규정적 차이점에 대한 인식 부족으로 인해 발생할 수 있는 분쟁을 예방하고, 한국기업의 대 중국 수출 확대에 기여하기 위하여 매도인의 물품인도의무와 관련하여 물품의 인도장소, 인도시기, 계약적합성과 서류인도의무에 대한 관련 규정들을 비교·분석하였다.

• 한국항해학회지
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• 제19권4호
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• pp.9-40
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• 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.

• 정보학연구
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• 제5권3호
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• pp.137-156
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• 2002

전자상거래에 관련된 국제적 논의는 OECD 등을 중심으로 이루어져 왔지만 최근에는 WTO의 역할이 부각되고 있으며, WTO에서 전자상거래의 논의는 주로 국제무역 관련 이슈들을 중심으로 이루어지고 있다. 하지만 여전히 전자상거래의 분류문제, 서비스의 분류, 관세부과, 공급모드, 지적재산권 문제 등 해결해야 될 문제들이 여전히 남아 있다. 이에 따라 우리도 전자상거래 관련 규정들을 마련하고 있으나 국제적으로 적용하기에는 한계가 있어 이를 발전시키고 활성화하기 위한 법제도 마련과 전략이 요구된다.

• 한국중재학회지:중재연구
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• 제24권2호
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• pp.3-31
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• 2014

As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

• 한국정보통신학회:학술대회논문집
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• 한국해양정보통신학회 2003년도 추계종합학술대회
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• pp.35-38
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• 2003

정부가 우리기업이 개발한 신기술을 조기에 발굴하여 우수성을 인정해 줌으로써 국산신기술의 기업화를 촉진하고, 그 기술을 이용한 제품의 신뢰성제고와 초기시장진출의 기반조성을 목적으로 각종신기술 인증사업을 시행하고 있다. 신기술 인증사업을 시행하고 있는 정부 부처는 정보통신부, 과학기술부, 산업자원부, 건설교통부, 환경부 등 5개 부처로 동 정부부처들의 인증사업은 인증목적이나 인증신청자격이 유사한데 비해서 지정기준, 권리의 양도 양수 등에서 차이가 있고 기술의 특성에 따라 심의위원회의 운영 등이 다르게 적용되고 있다. 이러한 정부부처별 신기술인증사업을 비교 분석하고 바람직한 개선내용을 제안함으로서 국가신기술 인증제도의 체계를 확립할 수 있는 계기를 제시 하였다.