• 항공우주정책ㆍ법학회지
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• 제21권2호
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• pp.123-155
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• 2006

2001년 미국의 9, 11 항공테러 사건이후에 항공안전 및 보안에 대한 문제점이 지적되면서 이에 대한 효율적인 대책의 필요성이 논의되어왔다. 1950년대 최초 공중납치 사건이 발생한 이후 오늘날에 이르러서는 상당히 다양한 방법으로 항공범죄가 행해지고 있는 가운데 본 논문에서는 전세계 주요국가의 항공보안에 대한 법적 제도적 이슈를 중심으로 변화하는 양상을 체계적으로 정리하였다. 최근 항공테러의 양상과 이에 대한 항공보안의 법적 제도적 발전 형태를 체계적으로 고찰해보고 이에 대한 각국의 항공보안의 법적 제도적 이슈를 비교하여 우리나라에 대한 항공보안의 적용방안을 살펴보았다.

• 한국중재학회지:중재연구
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• 제19권3호
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• pp.161-178
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• 2009

This article focuses on the enforceability of arbitration agreements m the dispute of standby letter of credit, especially with the case analysis of the leading case from the U.S. Bankruptcy Court. In Nova Hut a.s. v. Kaiser Group International Inc. case, while the underlying contract contained an arbitration clause, a guarantee to assure contractor's performance did not contain an arbitration clause. Nova Hut drew on the standby for the Contractor's failure to deliver contractual obligations. Against the Kaiser's action under US Bankruptcy law, Nova Hut moved to stay the proceedings pending arbitration, to compel arbitration, and to dismiss the complaint. The US Bankruptcy Court for the District of Delaware denied Nova Hut's motions. On appeal, Kaiser argued that it was not subject to arbitration since it was not a party to the contract. It also argued that Nova Hut had waived its right to arbitration by filing a proof of claim in the bankruptcy proceeding and commencing legal actions in other countries. The appeals court noted that in order to avoid arbitration on those grounds prejudice must be shown. It indicated that because there was no long delay in requesting arbitration and no discovery conducted m the course of litigation, the Kaiser could not demonstrate actual prejudice on the part of Owner. In light of public policy favoring arbitration, the nature of the claims in the parties' agreements, Kaiser's conduct in embracing the agreements, and their expectation of benefit, the appeals court ruled that the doctrine of equitable estoppel applied in requiring the Parent to arbitrate.

• Journal of information and communication convergence engineering
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• 제12권3호
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• pp.135-139
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• 2014

Opportunistic routing was originally introduced in various multihop network environments to reduce the number of hops in such a way that, among the relays that decode the transmitted packet for the current hop, the one that is closest to the destination becomes the transmitter for the next hop. Unlike the conventional opportunistic routing case where there is a single active S-D pair, for an ad hoc network in the presence of fading, we investigate the performance of parallel opportunistic multihop routing that is simultaneously performed by many source-destination (S-D) pairs to maximize the opportunistic gain, thereby enabling us to obtain a logarithmic gain. We first analyze a cut-set upper bound on the throughput scaling law of the network. Second, computer simulations are performed to verify the performance of the existing opportunistic routing for finite network conditions and to show trends consistent with the analytical predictions in the scaling law. More specifically, we evaluate both power and delay with respect to the number of active S-D pairs and then, numerically show a net improvement in terms of the power-delay trade-off over the conventional multihop routing that does not consider the randomness of fading.

• 한국컴퓨터정보학회논문지
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• 제21권2호
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• pp.137-144
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• 2016

The followings are required to establish uniform principle of criminal jurisdiction for international cyber crime into customary international law; (1) clear guideline of UN for promoting national practice (2) formation of general practices based on these guidelines (3) these general practices should obtain legal confidence. International society is in close cooperation for investigating and controlling cyber threat. The US FBI has closed down the largest online crime space called 'Darkcode' and prosecuted related hackers based on joint investigation with 19 countries including England, Australia, Canada, Bosnia, Croatia, Israel, and Rumania. More and more people in Korea are raising their voices for joining cyber crime treaty, 'Budapest Treaty.' Budapest Treaty is the first international treaty prosecuting cyber crime by setting out detailed regulations on internet criminal act. Member countries have installed hotline for cyber crime and they act together. Except European countries, America, Canada, and Japan have joined the treaty. In case of Korea, from few years before, it is reviewing joining with Ministry of Foreign affairs, Ministry of Justice and the National Police but haven't made any conclusion. Different from offline crime, cyber crime is planned in advance and happens regardless of border. Therefore, international cooperation based on position of punishing criminals and international standards. Joining of Budapest international cyber crime treaty shall be done as soon as possible for enhancing national competence.

• 무역상무연구
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• 제13권
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• pp.869-895
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• 2000

The US supports the Information and Communication (IC) industry as a strategic one to wield a complete power over the World Market. However, several other countries are also eager to have the support for the IC industry because the industry produces a high added value and has a significant effect on other industries. Korea is not an exception. Korea recently succeeded in the commercialization of CDMA for the first time in the world, after the successful development of TDX. Hence, it is highly likely to get tracked by the US. Although the IC industry is a specific sector of IT, there is a concern that there might be a trade friction between the US and Korea due to a possible competition. It will be very important to prepare a solution in advance so that Korea could prevent the friction and at the same time increase its share domestically and globally. It will be our important task to solve the problem with the minimum cost if the conflict arises unfortunately in the IT area. The parties that have a strong influence on the US trade policy are the think tank group and the IT-related interest group. Therefore, it would be important to have a close relationship with them. We found some implications by analyzing the case of Japan, which has experienced trade frictions with the US over the long period of time in the high tech industry. In order to get rid of those conflicts with the US, the Japanese did the following things : (1) The Japanese government developed supporting theories and also resorted to international support so that the world could support the Japanese theories. (2) Through continual dialogue with the US business people, the Japanese business people sought after solutions to share profits among the Japanese and the US both in the domestic and in the worldwide markets. They focused on lobbying activities to influence the US public opinion to support the Japanese. The specific implementation plan was first to open culture lobby toward opinion leaders who were leaders about the US opinion. The institution, Japan Society, were formed to deliver a high quality lobbying activities. The second plan is economic lobby. They have established Japanese Economic Institute at Washington. They provide information about Japan regularly or irregularly to the US government, research institution, universities, etc., that are interested in Japan. The main objective behind these activities though is to advertise the validity of Japanese policy. Japanese top executives, practical interest groups on international trade, are trying to justify their position by direct contact with the US policy makers. The third one is political lobby. Japan is very careful about this political lobby. It is doing its best not to give impression that Japan is trying to shape the US policy making. It is collecting a vast amount of information to make a correct judgment on situation. It is not tilted toward one political party or the other, and is rather developing a long-term network of people who understand and support the Japanese policy. The following implications were drawn from the experience of Japan. First, the Korean government should develop a long-term plan and execute it to improve the Korean image perceived by American people. Second, the Korean government should begin public relation activities toward the US elite group. It is inevitable to make an effort to advertise Korea to this elite group because this group leads public opinion in the USA. Third, the Korean government needs the development of a relevant policy to elevate the positive atmosphere for advertising toward the US. For example, we need information about to whom and how to about lobbying activities, personnel network who immediately respond to wrong articles about Korea in the US press, and lastly the most recent data bank of Korean support group inside the USA. Fourth, the Korean government should create an atmosphere to facilitate the advertising toward the US. Examples include provision of incentives in tax on the expenses for the advertising toward the US and provision of rewards to those who significantly contribute to the advertising activities. Fifth, the Korean government should perform the role of a bridge between Korean and the US business people. Sixth, the government should promptly analyze the policy of IT industry, a strategic area, and timely distribute information to industries in Korea. Since the Korean government is the only institution that has formal contact with the US government, it is highly likely to provide information of a high quality. The followings are some implications for business institutions. First, Korean business organization should carefully analyze and observe the business policy and managerial conditions of US companies. It is very important to do so because all the trade frictions arise at the business level. Second, it is also very important that the top management of Korean firms contact the opinion leaders of the US. Third, it is critically needed that Korean business people sent to the USA do their part for PR activities. Fourth, it is very important to advertise to American employees in Korean companies. If we cannot convince our American employees, it would be a lot harder to convince regular American. Therefore, it is very important to make the American employees the support group for Korean ways. Fifth, it should try to get much information as early as possible about the US firms policy in the IT area. It should give an enormous effort on early collection of information because by doing so it has more time to respond. Sixth, it should research on the PR cases of foreign enterprise or non-American companies inside the USA. The research needs to identify the success factors and the failure factors. Finally, the business firm will get more valuable information if it analyzes and responds to, according to each medium.

• 의료법학
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• 제12권1호
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

• 한국중재학회지:중재연구
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• 제28권3호
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• pp.3-20
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• 2018

Independence and impartiality are the operating core of an arbitration disciplinary mechanism. Due to many factors, illegalities and improper acts in arbitration cases are facts of life in our country, and have greatly damaged the credibility of arbitration. It is necessary for us to perfect the operating mechanism of arbitration discipline from the four pluralistic progressive aspects of disciplining the cause externalization, disciplining the subject duality, the quasi-judicature of disciplinary procedures and the disciplining measures so that the populace can experience fairness and justice in every case. We should perfect the supporting measures such as the strict selection conditions and procedures of arbitrators, improving the quality of the arbitrator team, exploring the management mechanisms and strengthening the evaluation dynamic. An examination is a general investigation and evaluation so as to provide encouragement for being continually engaged as arbitrators, but it does not provide an objective basis of arbitration discipline. It is urgent to perfect the arbitration guarantee system on the basis of meeting the material needs of the arbitrators so as to enhance the sense of professional rank and honour of arbitration.

• 한국중재학회지:중재연구
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• 제20권3호
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• pp.25-46
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• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.519-546
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• 2004

On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

• 한국물환경학회지
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• 제34권4호
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• pp.391-398
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• 2018

The main purpose of this study is to suggest and recommend the more reliable flow direction methods within the framework of DEM and power law distribution, by investigating the existing methodologies. To this end SFD (single flow direction method), MFD (multiple flow direction method) and IFD (Infinite flow direction method) are applied to analyze the determination of a flow direction for the water particles as seen in the Jeonjeokbigyo basin, and then assessed with respect to the variation of flow accumulation in that region. As the main results revealed, the study showed the different patterns of flow accumulation are found out from each applications of flow direction methods utilized in this study. This brings us to understand that as the flow dispersion on DEM increases, in this case the contributing areas to the outlet grow in sequence of SFD, IFD, MFD, but it is noted that the contribution of individual pixels into outlet decreases at that time. In what follows, especially with the MFD and IFD, the result tends to make additional hydrologic abstraction from rainfall excess, as noted due to the flow dispersion within flow paths on DEM. Based on the parameter estimation for a power law distribution, which is frequently used for identify the aggregation structure of complex system, by maximum likelihood flow accumulation can be thought of as a scale invariance factor. In this regard, the combination of flow direction methods could give rise to the more realistic water flow on DEM, as revealed through the separate flow direction methods as utilized for dispersion and aggregation effects of water flow within the available different topographies.