• Journal of Arbitration Studies
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• v.17 no.2
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• pp.101-124
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• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.109-139
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• 2004

The first successful sustained powered flight by Wright Brothers was further extended to the rapid development of aviation technology, that led to transpacific flights, the invention of supersonic planes, and enabled hundreds of people to travel in the space, in addition to the fact that around 10 people had stepped on the moon, all of which were made possible within the very same century. However, on the back side of this most wondrous human technology, the vulnerableness to the aviation accident has been constantly accompanied with, right from the very beginning stage of the aircraft development. Moreover, the development of future aircraft is being focused on the aircraft performance, the increment of the number of passengers aboard and also its speed. In proportion to these phenomena of mega sizing the aircraft, the development of new technology and the increment of air traffic volume, the number of aviation accident is expected to augment, resulting in the enormous loss of human lives and properties. In order to prevent the disastrous aviation accident as such, it is essential to conduct the accident investigation in a specialized, systematic and scientific manner. In search for the method to attain the effective function of the aviation accident investigation organization, in this study, issues were examined as follows: The full-time Board Members and the establishment of an integrated investigation agency, The systematized security of status as an accident investigator, Inclusion of a human factors specialist in the investigator group organization, liability limit of an accident investigator Stipulation of the definition and the investigation scope of an accident and serious incident, along with the main body of conducting the investigation into the accident involving both civil and public aircraft, in the regulations related to the accident investigation.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.59-86
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• 2007

The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.105-135
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• 2007

The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

• Informatization Policy
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• v.22 no.1
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• pp.47-72
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• 2015

According to the progress of national informatization throughout the world, infringement and threaten of privacy are happening in a variety of fields, so government is providing information security policy. In particular, South Korea has enhanced personal impact assessment based on the law of personal information protection law(2011). But it is not enough to effect the necessary cost calculation standards and changeable factors to effect PIA. That is, the budgets for PIA was calculated lower than the basic budget suggested by Ministry of Government Administration Home affairs(2011). Therefore, this study reviewed the cost calculation basis based on the literature review, cost basis of similar systems, and reports of PIA and obtained to the standard with Delphi analysis. As a result, the standards of PIA is consisted to the primary labors and is utilized to how the weights by division of target system, construction and operating costs of target system, type of target systems, etc. Thus, the results of this study tried to contribute to ensure the reliability of PIA as well as the transparency of the budget for privacy in public sector.

• Information Systems Review
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• v.17 no.3
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• pp.77-94
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• 2015

As Internet has become a popular media for sharing information, users create and share tremendous volume of information including large amount of personal information in cyberspace. Sharing private information online can enhance strength of social relationship but it could also bring negative consequences like information privacy invasion. Although many companies and governments address the importance of information privacy online, there are countless cases of crimes and hackings relating personal information online world wide. Since there are some researches investigating the role of governments and organizations on online privacy domain but there is little research regarding users' privacy protection behaviors. This study investigates relationship between Internet users' information privacy protection behavior and environmental factors. Especially, this study focuses on users' behaviors regarding information privacy protection technology adoption. According to our research results, users' online privacy protective behaviors positively affected by governmental regulations expressed as an information privacy protection law. In addition, if user is allowed to use anonymity when he or she uses online services, they have more tendencies to adopt privacy protection technologies. The detailed research findings and contribution are discussed as well.

• Journal of Digital Convergence
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• v.17 no.10
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• pp.49-58
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• 2019

In the era of the 4th industrial revolution, the development of information technology brought various benefits, but it also increased social interest in privacy issues. As the possibility of personal privacy violation by big data increases, academic discussion about privacy management has begun to be active. While the traditional view of privacy has been defined at various levels as the basic human rights, most of the recent research trends are mainly concerned only with the information privacy of online privacy protection. This limited discussion can distort the theoretical concept and the actual perception, making the academic and social consensus of the concept of privacy more difficult. In this study, we analyze the privacy concept that is exposed on the internet based on 12,000 news data of the portal site for the past one year and compare the difference between the theoretical concept and the socially accepted concept. This empirical approach is expected to provide an understanding of the changing concept of privacy and a research direction for the conceptualization of privacy for current situations.

• 한국사회정책
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• v.20 no.2
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• pp.261-304
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• 2013

This article is aiming intensively to analyze the polarizing tendency of labour market and social integration. The polarization of labour market is being regarded as one of the hottest issues not less important than those problems of economic growth, employment, income distribution and national security etc. in the national policy. In this article, we will first follow up the important phenomena of labour market polarization and the background as well as its consequence. Especially, it asks if the present labour policy in the new government which is now being concentrated on the improvement of employment rate(from the present 63% to the 70% in the future) could deserve to diminish the polarization of labour market in korea. At one side, this article makes the special attention on the diversifying tendency of labour market and the various phenomena of fragmentation and segmentation in the labour market according to the forms and types of employment and according to the employee's status as much as the company's size. At the other side, it emphasizes that to overcome the polarization of labour market should require the wide reform from the legal measure to the improvement of the wage system, and the qualification system and the social investment as well as the human resource development. Furthermore, this article stresses the importance of integrative approach between the active market policy and the social policy instead of choosing each policy option, seperatively.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.67-98
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• 2023

In the early stages of the COVID-19 pandemic, Korea took the lead in implementing "social distancing" policies more strongly than other countries. In addition to making it mandatory to wear a mask according to the policy, all patients using medical institutions are tested for COVID-19 to prevent Healthcare-Associated Infections, and only those patients who test negative have been regulated to receive face-to-face medical treatment. In this process, situations such as the disabled, who have difficulty wearing masks, were not taken into account, and emergency patients did not receive timely treatment or surgery from medical personnel. In response, the National Human Rights Commission of Korea has decided that forcing everyone to wear a mask and restricting access to medical institutions constitutes discrimination against the disabled. Therefore, the purposes this study has that, the first is to review cases of human rights discrimination against persons with disabilities due to measures to prevent the transmission of infectious diseases that did not consider the characteristics of persons with disabilities in the COVID-19 situation and issues regarding the decisions of the National Human Rights Commission of Korea, the second is to find a reasonable plan and the need for measures to prevent refusal of treatment by medical institutions for the disabled who have difficulty wearing masks.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.4
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• pp.1073-1084
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• 2016

The purpose of this study is to present the correct direction of research in related fields by analyzing the trends in the domestic study right to be forgotten. In this study, the final selection of 80 pieces of research papers in various disciplines to search for the study and were analyzed by setting the seven criteria and three research questions. Results, notice that significantly increase the amount of research around the social sciences, starting with the EU rules(draft) has been published in 2012, and around the problem navigating the Law oriented research actively done through a literature review and legal research methods can. Intensive study of the protected rights and the conflict in time towards the latter subject was also increased. The right to be forgotten when considering that big data, digital information such diverse and complex technical issues (service), which still lacks support the implementation of the rights ithil research is desperately needed to know the future with the realization that the scope and research methods. The purpose of this study is to present the research direction of the limits intended for domestic research, but realize effective right to be forgotten by future foreign comparative analysis.