• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.29
• /
• pp.197-223
• /
• 2006

Uniform Computer Information Transactions Act (UCITA) is the first legislative attempt in the world that deals with transaction of digital information. This however gave rise to endless controversies and as of February 10, 2003, its life as the uniform law has expired. There are four kinds of relationships that UCITA regulates for the entities involved in information trading namely, 1) Relationship between licenser and licensee 2) The triangle relationship between dealers, end-user and publisher 3) Relationship between information right transferor and transferee 4) Relationship between financier, licenser and licensee. Amongst these, the most significant one is the triangle relationship amongst the publisher, commonly known as the licenser in the mass market, end-user and dealer. At the essence of the relationship is that the dealers is liable to refund the payment for the information regarding the end user if he/she does not agree with the publisher on the license of the common market. Looking at the relationship between license transferor and transferee, the transfer of license may be prohibited but the special contract must be conspicuously carried out. The relationship financier, licenser and licensee is unique to the United States and is rather unfamiliar to us. UCITA has been criticized for preferentially protecting the benefits of licensers especially when it comes to the specific regulations for the relationship. Therefore, it is not advisable to blindly accept UCITA regulations. However, UCITA does have components that we can utilize in formulating our own digital information trade regulations, save its proprietary nature as an American law and its preferential treatment for licensers.

• Journal of Arbitration Studies
• /
• v.32 no.1
• /
• pp.43-69
• /
• 2022

In the case of the United States, which has the same provision as Article 10 of the Federal Arbitration Act, a contract may be exceptionally validated if the parties have clearly concluded the contract to expand the grounds for vacating awards in an arbitration agreement. It is possible that the parties create the grounds for vacating that is not stipulated in the statue by clear agreement. However, it remains the issues when this contract is valid. If we investigate the grounds for setting aside as discussed in this paper, in cases ① where an arbitrator failed to apply the substantive law expressly designated by the parties without a good reason; ② where there was a serious error in the application of the substantive law; ③ where an arbitrator decided under ex aequo et bono despite the parties explicitly designated the substantive law, the parties may bring an action for annulment of arbitral awards in court according to their agreement to expand the grounds for vacating the awards. It is important enough to change the rights and obligations of the parties for them whether or not the substantive law of the arbitration was applied. With Regard to the contract to expand the grounds for setting aside the awards in arbitration agreement, there are still issues how to handle the case where the parties have not designated the substantive law, and the validity of a contract to expand the grounds for vacating on reasons other than violation of law application, and relations with Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, where the misapplication of the law does not stipulated as the grounds for refusal to recognize and enforce the foreign arbitral award, and so on.

• Journal of the Korea Society of Computer and Information
• /
• v.23 no.8
• /
• pp.143-149
• /
• 2018

Recently, President Donald Trump signed FOSTA (Fight Online Sex Trafficking Act) in April 11, 2018, which makes online service no more immune from civil liability for the action of third party facilitating sex trafficking content. Although it is also important to enhance security regulations and cognition on law, but it will be economically more effective to put more energy on preventing recidivism. For John School in Korea, it should increase implementation rate by putting core manpower and budget for preventing needs of sex purchase and then, check operation method and efficacy to improve the actual program. One way is first, empirical analysis and data is required on efficacy of John School program. Second, should have clear definition in Special Sex Trade Law. Third, more strick regulation for selecting participant is required. Fourth, more manpower and budget is required. Fifth, charging the participant for educational fee shall be reviewed. Sixth, educational program should be reviewed. The most important point of education is to make those criminals feel guilty about financially purchasing the sex, basically making them to recognize that it is ethically wrong. However, the current education system contains no clear explanation about the ethical issue of such problem but focusing more on other factors such as sexual disease and structural problem of sexual business. Therefore, this failed to deliver the right psychological training to those criminals without any ethical control. Knowing why women feel hurt when having unwanted sexual relationship by being paid is required part in terms of education for preventing sex trafficking.

• Culinary science and hospitality research
• /
• v.18 no.5
• /
• pp.176-189
• /
• 2012

This study was conducted to investigate the effective educational and promotional strategies for the Special Act on the Safety Management of Children's Dietary Life on the basis of the survey conducted on parents. First of all, its result showed that most parents are well aware of the main contents of the law. They answered that, when choosing safe favorite food for children, the most important part is the article "Regulations on the standards for children's favorite food should be reinforced." As for the index of safety management for children's dietary life, most respondents think safety the most important; housewives and nuclear family members choose safety (p<.01), while large family members do nutrition. For the question asking how they get the information on safety management for children's dietary life, most of them answered that they generally use mass media, family and friends as a reference. Those with high income usually get the information from special books, those between 30s and 50 from mass media, and those with college graduates from civil social groups (p<.05). In case of taking the safety education programs for children's dietary life, they told that the most necessary information is concerned with hygienic dietary life and nutrition labeling on processed food; housewives are interested in the latter, while working people in the former (p<.05). As a method of informing parents of the Special Act on the Safety Management of Children's Dietary Life, mass media such as TV and radio, and school education are suggested in this survey. Therefore, this study proposes that mass media be considered as the most effective way of promoting the Special Act on the Safety Management of Children's Dietary Life and getting information concerning the law.

• The Korean Journal of Emergency Medical Services
• /
• v.4 no.1
• /
• pp.63-71
• /
• 2000

Exceptive clause of ambulance stated in Road Traffic Laws of ambulance car accidents is not properly applied and emergency staffs who transfer over 85% of emergency cases are to be forced to start out to the emergency field with unstable conditions which they may be punished on the criminal and civil laws. Hereby this study makes the following suggestions to activate the duties of transferring emergency cases by emergency staffs, promote their morale and diminish the victim of emergency staffs due to traffic accidents. 1) It is prescribed that ambulance car drivers should be protected legally by applying the exceptive clauses thoroughly regulated in special case clauses because ambulance cars are used for the purpose of saving the human life. 2) On the traffic accidents occurred during the transfer of emergency cases, the special insurance system is created for treating the ambulance car accidents, not to bind the emergency staff's mistake to traffic law and the victims are compensated by the nation on the basis of insurance system and emergency staffs have the systematic security. 3) On the road over six lanes, emergency lane is set on the center and ambulance car should be used as the exclusive lane. 4) Ambulance car drivers must have the habit of transferring emergency cases rapidly within the range of legal operation.

• The Journal of the Korea Contents Association
• /
• v.8 no.9
• /
• pp.139-149
• /
• 2008

The Police are classed special service on civil service system. Most of special service officers are applied special personal law. It is reason that organization and mission are different from general public officials. The police performance evaluation is enforced in dissimilar form with another civil services for these cause. This study proposed to verification formality about appraisal result to desirable operation of police performance evaluation system. At system enforcement early, it may be desirable that verification is limited finally supervisors rating.

• International journal of advanced smart convergence
• /
• v.10 no.4
• /
• pp.117-123
• /
• 2021

This study aims to analyze working hours of sprinkler heads when a fire occurs at an indoor gymnasium while sprinkler heads are installed in division of standard response type, special response type, and earlier response type. The fire scenario was designed under the assumption that the fire started from overheating of a heater in the indoor gymnasium has transferred on to a couch to spread. The analysis on the operation time of the standard response type sprinkler head, the special response type sprinkler head and the early response sprinkler head was conducted. The result showed that, in case of fire in a gymnasium, the time for opening of the heat sensor due to the heat from the fire varies by the type of the sprinkler head. When a special response type sprinkler is installed, it worked below the assessment standards. When an early response sprinkler head is installed, it worked appropriately according to assessment standards. Based on the results, we found that sprinkler heads will work properly when installed according to design relevant to laws and regulations. This means that there is a limit in installation of sprinkler heads based on the existing law-based design as for indoor gymnasiums. Again, we conclude that if sprinkler heads are installed based on design made through laws and regulations, more time will be needed for operation, making it highly likely to fail to stop a fire at an earlier point of time.

• Journal of the Korean housing association
• /
• v.28 no.3
• /
• pp.45-54
• /
• 2017

A Special Building Zone, which could relieve or ignore part of the Building Act and the regulations in relevant laws, was practically established for the creation of new urban landscape, the improvement of construction technology, and the improvement of construction-related policy. However, due to the lack of understanding the Special Building Zone as well as the insufficiency of detailed standards in policies, the system currently cannot be operated in universal matters. In such circumstance, this study, which is based on the current data on the Special Building Zone defined in exiting law, attempts to analyze the multi-unit housing that has been planned by the system of Special Building Zone. Also, this study aims to derive the Special Building Zone's possibilities and implications that contribute to the improvement of landscape, so as to suggest solutions for effective improvement of the system. With the results above, solutions for the improvement of the system can be derived and summarized as the following. On the one hand, from 'planning perspective', it is necessary to improve the system in a comprehensive way with consideration of urban and local contexts. On the other hand, from 'procedure perspective', some foundation shall be prepared for a system that can allows comprehensive tasks, including the settlement of the zone, the alleviation/elimination of regulations, the approval of building's construction, the process of construction, and the monitoring.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.41
• /
• pp.51-78
• /
• 2009

The ISP 98 is developed by the American Institute of International Banking Law & Practice in 1998. The ISP98 are also published as ICC Publication No. 590. A detailed commentary on the rules("The Official Commentary on the International Standby Practice") has been written by Professor James E. Byrnes. Presently there is no compelling reason to revise the rules themselves even if ten years is passed since the issuance of ISP98. Insteadthe American Institute of International Banking Law & Practice will provide Model Forms in the early 2009. Special features of the ISP 98 are as the following. Firstly, the ISP 98 is copyrighted by the Institute of International Banking Law and Practice, Inc., and published by the International Chamber of Commerce. Secondly, the ISP 98 differs from UCP in style and approach because it must receive acceptance not only from bankers and merchants, but also from a broader range of those actively involved in standby law and practice corporate treasurees and credit manager, rating agencies, government agencies and regulators, and indenture trustees as well as their counsel. Because standbys are often intended to be available in the event of disputes or applicant insovency, their texts are subject to a degree of scrutiny not encountered in the commercial letter of credit context. Thirdly, the ISP 98 supplement the UCP if the UCP dose not have the relative rule. Lastly, the ISP 98 has the official commentary. In addition, several provision of the ISP 98 would surprise the commercial parties and/or are rather peculiar, while some of them display a certain bias in favor of the banks.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.2
• /
• pp.69-100
• /
• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.