• Journal of Arbitration Studies
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• v.23 no.1
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• pp.107-131
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• 2013

Online-ADR (Alternative Dispute Resolution) has been receiving attention from the international community as a means of alternative dispute resolution for consumer disputes in both small and mass international e-commerce. The EU Parliament and the Council proposed the Online Dispute Resolution Regulation for Consumer Disputes (hereafter, "EU Consumer ODR Regulation") and the Directive on Alternative Dispute Resolution of Consumer Disputes (hereafter, "EU Consumer ADR Directive") as a legislative package, now scheduled to be adopted. Those efforts strengthen consumer protection by enhancing ODR in international e-commerce and improving of the functions of the e-commerce market. The EU Consumer ADR and ODR regulation package will operate in conjunction with the ODR platform as a single point across Europe, abandoning the ADR system of each member. Consumers and traders who need dispute resolution apply on the EU ODR platform linked website, and the applications are distributed to individual ADR institutions in accordance with the Rules and Procedure of ADR institutions in the respective country. Although there has been partial progress in Korea for ODR programs such as the establishment of the Online Administrative Trial and the procedures of individual ADR agencies operating through the website, existing norms do not fully support the system. At this point, we see many implications of the EU Consumer ADR and ODR regulation package on the direction chosen for domestic ADR and ODR policy and legislation. This study introduces the main features and content of the EU Consumer ADR Directive (draft) and ODR Regulation provisions, and describes the direction of domestic policy and legislation regarding Online-ADR.

• Journal of the Korean Society of Marine Environment & Safety
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• v.16 no.1
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• pp.49-55
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• 2010

Marine oil spill accidents not only devastates marine ecosystem but also Ins significant adverse socio-economic impact on local community whose living is dependent on clean marine system Although the Marine Environment Management Act of the Republic of Korea stipulates tim marine pollution impact survey must be conducted at the time of the oil spill, the articles do not provide specifics or concrete survey items for socio-economic impact assessment Moreover, there are redundancy questions in the provisions related to socio-economic impact assessment. This paper examined several difficulties encountered in carrying out the socio-economic impact assessment for marine oil spill as required in the law, and presented some recommendation., for the plan to improve the assessment mechanism systematically through the development of the research categories and indicators of socio-economic impact assessment.

• Journal of Korean Medical classics
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• v.32 no.1
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• pp.117-131
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• 2019

Objectives : There are two aspects of Korean medicine perspective on teeth, including the fact that the teeth reveal the thrift and decay of kidney as 'Goljiyeo', and that SujokYangmyeongGyeong flows into the teeth. Since the interrelationships of the two have not been sufficiently studied, this study attempts to investigate the relationship between kidney and Yangmyeong on teeth based on the literature. Methods : In "Huangdineijing", this study examined whether the connection between kidney and Yangmyeong respectively for the teeth appeared, and reviewed the sentences that can simultaneously examine the relationship between kidney and Yangmyeong. This study referred to previous medical books such as "Nanjing" as needed. Results & Conclusions : This study confirmed that there is recognition that kidney and Yangmyeong affected the teeth in a complex way in various provisions such as the provision of "Joksoeumgijeol" in "Lingshu-Jingmai". Kidney and Yangmyeong produce wantonness(血氣) in food(水穀) and transform it to perform the process of producing the vitality together. However, there is an aspect that they oppose each other as acquired spirit and inherent vitality. Therefore, inherent and acquired incongruities may occur depending on the situation, which can be a cause of triggering the pathogenesis of the tooth. : This study has found herbal combinations used frequently in Korean medicine formulas used for insomnia treatment, and a result of network analysis composed of four communities. Each community consisted of herbs in affiliation of Yookmijihwangtang(六味地黃湯) and Samultang(四物湯), Bohyulchunghwatang(補血淸火湯) and Ondamtang(溫膽湯), Jungjihwan(定志丸) and Sanjointang(酸棗仁湯).

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.65-88
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• 2019

The ICC International Court of Arbitration ('the ICC') has published the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration ('2019 Revised Note) which came into force on the 1st of January 2019. The 2019 Revised Note is aimed at providing parties and arbitral tribunals with practical guidance regarding the conduct of arbitrations pursuant to the ICC Arbitration Rules as well as the practices of the ICC. Unless otherwise stipulated, the 2019 Revised Note applies to all ICC arbitration cases, regardless of the version of the ICC Arbitration Rules, in accordance with which they are conducted. The most noteworthy amendment is the introduction of provisions on a new mandatory transparency system by setting forth the publication of the arbitration case data and arbitral awards, maintaining the rule stipulating the provision of information regarding arbitral tribunal under the ICC 2016 Note. Among others, the 2019 Revised Note provides that parties and arbitrators in ICC arbitrations accept that ICC awards made as of the 1st of January 2019 may be published, excluding some exceptions. Under this circumstance, this paper i) explains five amendments of the 2019 ICC Revised Note, ii) examines major issues regarding the publication of information of arbitral tribunal and awards, iii) makes a comparative analysis of that attitude of 11 international arbitration institutions, and lastly iv) suggests recommendations for the Korean arbitration community.

• Journal of the Korea Convergence Society
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• v.11 no.12
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• pp.309-317
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• 2020

In the post-corona era, telemedicine is becoming more important. This is the case in which it is written, in terms of this study, and in relation to the relationship between the Koreans and the Korean government. In addition, the aim is to prepare effective measures and seek policy suggestions for expanding the introduction of domestic telemedicine in the future. Although Japan has insisted on the necessity of introducing telemedicine in the medical community, it has institutionalized it with a cautious attitude until the establishment of telemedicine. On the other hand, South Korea lacks clear provisions on medical fees for telemedicine and legal measures regarding the responsibility for medical malpractice. Therefore, a clear legal interpretation of the telemedicine subject is needed, and a strategic approach is prioritized, including guidelines and measures for the legal responsibilities and limitations of physicians and patients.

• Korean Journal of Organic Agriculture
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• v.31 no.1
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• pp.45-61
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• 2023

The subject of this study is whether the relevant ordinances of Chungcheongnam-do's five local governments, operating intermediary support organizations for contracted-out community building, comply with the regional innovation and cooperative governance-based perspective. The examination results are summarized as follows. About the normative system: first, village building does not present that it is a participation- and cooperation-based collective activity of various related actors; second, the cooperative governance-based implementation system was not presented as a key term; third, "numerous relevant subjects' participation" and "democratic decision-making and cooperative promotion" are not presented as basic principles; fourth, the subjects are limited to residents and the administration, and only their responsibilities are presented. About the effectiveness system: first, the establishment of a master plan, a primary means, and the establishment of an in-charge department and collaboration system in the administration are presented as optional provisions; second, the nature of the relevant committees and intermediary support organizations is not presented as "public-private cooperation-based system"; third, the area of the function and authority of the relevant committees is limited to review and consultation. Fourth, the related information about the intermediary support organization structure and system, the establishment and operation of the secretariat, and the practical operation of the center is not presented. In sum, to make related ordinances become institutional grounds with stronger effectiveness, reconstructing them by strictly applying the perspectives of regional innovation and cooperative governance is necessary.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.147-159
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• 2023

Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.207-244
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• 2015

Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

• Industry Promotion Research
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• v.5 no.4
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• pp.81-90
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• 2020

This study examines the pattern of changes in the funeral rites·ancestral memorial rites as stipulated in the current family rites Act and seeks to study the presentation of problems and securing effectiveness. Acts and subordinate statutes such as "Act on family rite establishment and related assistance" were enacted with the aim of rationalizing the ritual procedures of funeral rites related to the ancestral memorial rites and supporting and coordinating projects and activities for the dissemination and settlement of sound family rites to eliminate the ostentation and create a sound social atmosphere. In order to realize the true meaning of family rites the "General standards for sound family rites" were set to be solemn and simple in the process of family rites, and the government officials, employees of public institutions, organizations, and social leaders were required to take the initiative and follow the example. However, looking at the changes since the family rites Act 1969, there are regulations on gender discrimination that undermine the realization of gender equality, and the progress of education for the spread and settlement of the family rites Act has been limited in effectiveness due th lack of punishment provisions for educational institutions of all levels, In particular, even in the "Process to train funeral director" which is operated under the national qualification system, there is a lack of education on family rituals. Therefore, through this study, we intend to provide a basis for practice and developmental discussions consistent with the objectives of the establishment of laws and systems.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.79-112
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• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.