• The Korean Journal of Air & Space Law and Policy
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• v.15
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• pp.40-66
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• 2002

The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

• Journal of the Korea Society of Computer and Information
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• v.19 no.11
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• pp.105-113
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• 2014

In this paper, we propose an OWL DL mapping rules for construction legal ontology based on the analyzed relationship between the structural features and elements of the statute. The mapping rule to be proposed is the method building the structure of the domestic statute, unique attribute of the statute, and reference relation between laws with TBox, and the legal sentence is analyzed, and the pattern type of the sentence is selected. It expresses with ABox. The proposed mapping rule is transformed to the information in which the computer can process the domestic legal document. It is usable for the legal knowledge base.

• The Journal of the Korea Contents Association
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• v.6 no.1
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• pp.85-92
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• 2006

It seems extremely incongruous that genocide, crimes against humanity and war crimes could ever be justified or excused by 'defensive force'- self-defence, defence of others and defence of property. Nonetheless, art 31(1)(c) of the Rome Statute of the International Criminal Court codifies defensive force as a ground for excluding criminal responsibility. This provision was controversial and extremely difficult to negotiate at the Rome Conference of 1998, largely due to the conceptual differences that exist in respect of criminal defences between the various domestic legal systems of the world. This paper analyses the drafting history and wording of art 31(1)(c) in order to clarify the precise scope of defensive force under the Rome Statute. It then seeks to ascertain the applicability of the provision to genocide, crimes against humanity and war crimes, and to thereby explore the nature of these crimes and the intended prosecutorial strategy of the International Criminal Court.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.55-86
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• 2014

The U.S. General Aviation Revitalization Act of 1994 (the "GARA") created a statute of repose that bars any claims arising from an aviation product or component more than 18 years after its date of delivery. The statute was enacted to protect general aviation aircraft manufacturers from the excessive product liability costs. The GARA included four exceptions: (a) medical emergency patients, (b) those not on the aircraft, (c) those based on written warranties, and (d) those causally related to a "knowing misrepresentation" made by the manufacturer to the FAA. The GARA also incorporates a provision for revised starting point of reckoning to which any repairs or replacements of an aviation product. This note aimed to discuss General Aviation and GARA in depth including the meaning of statue of repose, its exceptions. The various precedents about GARA were also reviewed in here as well. From the GARA, as a comparative legal issue in aviation product liability, there can be some suggestions for revision of Korean Products Liability Act. First, it seems to be reasonable to regulate the specific statute of repose provisions for various category of products. In GARA, the period of 18 years is reasonable concerning to the average aircraft life. Second, in order to avoid exhausting debate and for the judicial economy, it needs to clarify when the statute begins to run. GARA's 18 year limitation period begins to run on the different date whether it was delivered to its first purchaser or a person engaged in the business of selling the aircraft. Last but not least, proper exceptions should be added into the law for equity matter of the statute of repose does not apply. For example, a manufacturer is not protected by GARA if it knowingly misrepresents certain safety information to the FAA.

• 건축구조
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• v.8 no.3
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• pp.33-33
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• 2001

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.19-36
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• 2017

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

• The Journal of Information Technology
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• v.8 no.2
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• pp.135-148
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• 2005

The purpose of this article is to study on the Comparison of the Basic Law on Electronic Commerce and the Uniform Electronic Transactions Act(UETA). The purpose of th Basic Law on Electronic Commerce is to contribute to the national economy by clarifying the legal effect of transactions by means of electronic messages so as to ensure the security and reliability thereof and to secure fair trade, and further by establishing sound and orderly transactions, and promoting electronic commerce. It is important to understand that the purpose of the UETA is to remove barriers to electronic commerce by validating and effectuating electronic records and signatures. It is not a general contracting-the substantive rules of contracts remain unaffected by UETA. Nor is a digital signature statute. To the extent that a State has a Digital Signature Law, the UETA is designed to support and compliment that statute.

• International Commerce and Information Review
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• v.14 no.4
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• pp.203-225
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• 2012

This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

• Proceedings of the Computational Structural Engineering Institute Conference
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• 1993.10a
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• pp.113-119
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• 1993

Atrium being on fire, the flame is spread vertically, the methods of fire protection and the standards of security are different respectively. Therefore, in the case of atrium, it has many problems on the fire protection and the application of statute according to the space properties. So it is important to analysis, atrium being on fire, fire properties to space properties. From these points of view, the purpose of this study is to analysis the fire properties of atrium .