• Journal of Arbitration Studies
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• v.30 no.2
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• pp.91-120
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• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.149-167
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• 2013

Arbitration is one of the prominent and widely practiced forms of Alternate Dispute Resolution. Different countries are strengthening their alternate dispute resolution mechanism, and focusing on arbitrations is a very important edge. Pakistan is in the phase of developing effective laws and policies to strengthen the process of arbitration. The Pakistan Arbitration Act of 1940 is very important to discuss and along with domestic laws the applicability of the international conventions must be discussed. This paper analyzed the situation of arbitration laws in Pakistan with respect to both the domestic laws and international laws applicable in the country.

• Journal of Agricultural Extension & Community Development
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• v.4 no.1
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• pp.359-370
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• 1997

The Korea National Agricultural College (KNAC) was established as a special three academic years(six semesters) course by the Presidential Act in July 1995 and opened on March 20, 1997. According to the Act, the students of KNAC are granted free boarding in dormitory, full support of educational expenses, and, after completion, exception in military service and financial support for farming, which is their obligation to do for a double period of the total school year. With these institutional favors KNAC is hight expected to bring up promising young farm managers in Korea. However, actual competitive young farm managers are brought up by the well organized education with emphasis on learning by doing approach. With the relation to the education this study was performed to review and examine present situation of faculty organization, facilities and equipments, curriculum including field training in home land and oversea's counties. This study found out that there were undesirable aspects such as unbalanced faculty members among the departments, lack of practice farm land and limited budget in field training, which should be improved to achieve the objectives of KNAC.

• Journal of the Korea Safety Management & Science
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• v.19 no.4
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• pp.77-85
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• 2017

As industrialization progresses, mass production becomes a smart production system. However, industrial accidents do not decline, and during the course of industrialization, due to the logic of economic agents that have an economical and effective employment environment, they are changed to non-regular workers. The Occupational Safety and Health Act stipulates that the safety managers must be distinguished and the safety managers perform the task of conducting industrial accidents by balancing the duties and regulations specified in the Act on Special Measures for Deregulation. Safety administrators providing advice on issues needed to prevent industrial accidents and preventive measures We would like to present the problems and improvements that may arise due to safety managers' replacement due to accidents caused by industrial accidents or accidents.

• Journal of Food Hygiene and Safety
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• v.27 no.1
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• pp.55-62
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• 2012

This study is a survey of regulatees' perception on main contents and enforcement effect of the Act, the retailers at food stores within Green Food Zone, for the effective enforcement of "The Special Act on the Safety Management of Children's Dietary Life" legislated in 2008. Percentage, frequency analysis, and T-test are derived from the survey carried out to the 175 retailers at food stores within Green Food Zone, across the country except Jejudo, for the two months March and April of 2011. The survey results are as follows. Over 80% of the respondents are aware of comprehensive policy for child food safety and the enforcement of 'the Special Act' and considering the rate of satisfaction on food safety information provided by government, over 90% of the respondents, virtually most of them, are satisfied. The rate of awareness of Green Food Zone is about 80% and that of outstanding business for children is about 50%, showing little perception of it. The comparison of the survey result of 2011 with that of 2010, which have the same questions to the retailers within Green Food Zone, still indicates a need for enhancement of understanding on absolute standard, though it showed fairly better improvement in general. Several proposals are given in this study based on the survey results, which will contribute to the children food safety and health improvement in the end.

• Journal of Distribution Science
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• v.11 no.4
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• pp.23-35
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• 2013

Purpose - This paper attempts to identify the problems and limitations of a market maintenance project conducted according to the 「Special Act for the Development of Traditional Markets and Shopping Street」 and to present a revised direction for the special law and lay the groundwork for market maintenance projects to be promoted smoothly. Research design, data, and methodology - The revised direction for the legislation and the proposal were written based on an investigation of the problems and the legal system, and proposed measures for market maintenance operation and system improvements to derive the improvements needed for market maintenance projects. Results - A market maintenance project has been conducted as a means to reinvigorate traditional markets that are economically depressed, and to revive the local economy. It was largely conducted in the form of reconstruction and redevelopment and represents the interests of landowners and merchants. Thus, it is most likely to contribute to the gradual disappearance of traditional markets. First, as part of a market maintenance project, many companies are building multipurpose buildings or high-rise residential buildings to increase profits. In these high-rise buildings, they can raise rents, which may not be affordable for some existing small businesses. To solve such problems, the large-scale store registration requirement needs to be relaxed or abolished once the market maintenance project is completed. If the large-scale store registration requirement is to be abolished, the term 'large retail store' should be changed in the 「Special Act for the Development of Traditional Markets and Shopping Street」. After registration, the Small and Medium Business Administration should train merchants, offer consultations, and support events, to the extent that the existing traditional market management modernization project permits, and further continue to manage and support its ongoing activities. However, unless large-scale store registration is abolished, adding an exception clause in the special law to relax large-scale store registration criteria, and permitting changes to building use is another option. At the end of a market maintenance project, empty stores should be purchased by the Small and Medium Business Administration, and local government, etc., at the actual construction cost, to utilize them as public rental shopping areas, which in turn may be re-utilized as a temporary market for another market maintenance project. The second problem in market maintenance projects is merchant-protection. Currently, the special law prescribes that a temporary market be created for merchants to conduct business during the rental period of a market maintenance project. Conclusions - In reality, a market maintenance project is conducted usually in big metropolitan cities with 500,000 residents or more. The main building type created under these projects is a multipurpose building. For this reason, it is very difficult to secure a location for a temporary market in the surrounding area of such a project. To solve this problem, this study suggests 'public rental shopping areas' as mentioned above.

• Korean Security Journal
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• no.48
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• pp.35-56
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• 2016

The purpose of this study is to find the development of the special security business plan based on the problem that guards are now aware of special security service. In order to achieve the objectives of this study, we analyzed the data after expert survey and interview conducted by seven experts engaged in special security services more than 10 years. The guard who perform special security service proposed a development plan of special security services as follows. First, the current education system for new employees' training is required to improve the educational program of 60 hours in subjects related to special security duties by reorganization. Second, the special security service training for guards also appropriate to switch to 9-hour training program for three months through an educational organization controlled by country. Third, the special security guards should be proceeding the practical programs required in the field and quality education in the different section by competent and professional instructors. Fourth, the retirement age for special security guard stipulated in the Security Services Industry Act that needs to be readjusted upward by considering the social environment. Sixth, there needs to be organized the Special Security Association for development associated with the special security service and to protect the rights of special security guards.

• Korean Journal of Legislative Studies
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• v.27 no.2
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• pp.71-109
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• 2021

The purpose of this study is to find out what factors influence lawmakers' voting decisions in the plenary session. In particular, the study examines causes and characteristics of waffling and strategic waffling, which express opposition or abstention in a discharge petition or a vote at the plenary session despite participating in a bill sponsorship. The study on waffling is meaningful because it has not been covered in previous literatures. To this end, the Gadeokdo New Airport Special Act, which the National Assembly passed in February 2021, was set as an analysis target. The study examined the factors that affected legislators' voting decisions and participation in bill sponsorship and who were related with waffling. Statistical results showed that the age variable influenced the motion of the bill while seniority and party affiliation had an effect on the participation of the bill. Likewise, the study found that party affiliation and district had an influence on the approval of the bill. In addition, the analysis of waffling showed that lawmakers with higher seniority tended not to participate in the vote. It could be interpreted that lawmakers with more legislative experience judged that they would benefit from strategic waffling. There is a limit to understanding lawmakers' decision-making and waffling through a limited analysis of the Gadeokdo New Airport bill. However, given that lawmakers tend to choose avoidance strategies in ambiguous situations, and given the high intelligence of lawmakers who know better than anyone about the future impact of a new bill, the decision-making shown by lawmakers in each stage of the situation is a prudent judgment gained from their experience. It indicates that it is necessary to research the legislative activities of lawmakers in various ways.

• Journal of the Korea Safety Management & Science
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• v.16 no.1
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• pp.29-35
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• 2014

The purpose of this study is to investigate the problem on safety and health training system in Occupational Safety and Health Act(OSHA) and to find countermeasures to improve it in the construction industry. The questionary survey was done on aiming at tracing the legal drawbacks of safety and health training system. The questionary was prepared to target on site workers, management supervisors, and safety supervisors in various construction sites. After analyzing the answers from the survey, realistic and optimal countermeasures on derived problems were proposed. These should be included on the next revision of OSHA.

• Korean Security Journal
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• no.57
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• pp.253-275
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• 2018

Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.