• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.237-271
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• 2013

There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.3-33
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• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.29-65
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• 2005

Northeast Asian economies have achieved high levels of growth due to a stable economic environments and economic policy reforms for free trade. As Northeast Asia has been risen as big bloc in the world and in the future in case free trade agreement could be concluded, trade volume could be increased dramatically. And it is evident that disputes will be increased in Northeast Asian economic bloc. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the bloc. Through arbitration, the parties can have full autonomy and can resolve disputes independently, impartially and without delay. But in order for the parties to make use of arbitration in the bloc, they must be fully aware of the arbitration laws of Northeast Asian nations in view of the similarity and difference of the laws. Therefore, this paper deals with arbitral award in Northeast Asian Nations' arbitration laws in view of comparative law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.195-214
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• 2018

In order to analyze the current status of trade with Korea and FTA partner countries, the Trade Intensity Index and the Market Comparative Advantage index were calculated and analyzed using panel gravity model. In the case of trade, trade intensity index has been strengthened according to each FTA enforecement, and in some cases, trade inensity has been weakened. In the case of the comparative advantage index, there was a case in which the comparative advantage was strengthened or the comparative advantage was not significantly changed according to each Chapter of HS code. This means that the Korea's FTA enforcement effect has not directly affected the increase of the trade intensity and the increase of the market comparative advantage index. The panel gravity model using the trade intensity and the comparative advantage index as the dependent variable and the trade volume between the two countries as the dependent variable was analyzed.

• Ocean and Polar Research
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• v.44 no.4
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• pp.339-353
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• 2022

The purpose of this research is to conduct an empirical analysis regarding Korea's 'Marine Protected Areas (MPA)' from an international comparative perspective. The authors would like to present the policy direction of marine protected areas based on the result of the research. The result of this study can be summarized in the following manner: First, the total designated size of marine protected areas in Korea is very small compared to the sizes of other OECD nations . Second, while some nations have expanded the extent of marine protected areas in accordance with international agreements and criteria, Korea has not done so. Accordingly, we propose the designated dimensions of marine protected areas should be constantly expanded to keep pace with international trends.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.3
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• pp.108-169
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• 1992

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.11
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• pp.251-278
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• 1998

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• Korean journal of communication and information
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• v.26
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• pp.209-257
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• 2004

Comparative advertising, in which explicit or implicit comparisons are drawn between the advertised brand and its competitors, is commonplace in today's marketplace. While holding the promise of helping consumers make more informed choices among brands, comparative advertising may actually have the opposite effect when they mislead consumers about the relative merits of competing brands. Therefore government agencies are continuously monitoring the comparative advertising to ensure that it is in the public's interest. The objective of this study is to investigate cross-national differences in comparative advertising regulation. For this, the study analyze the law of comparative advertising in Korea and around the world. The results showed there are differences among nations in the law of comparative advertising and most nations have special legislation on the comparative advertising. The other finding of this study is that the law governing comparative advertising becoming increasingly clear. This study can assist advertisers concerned with providing advertising that is acceptable to countries which they attempt to marker. And this work can contribute to the research scream, building on the work of others in broadening the understanding of that constitutes acceptable comparative advertising in contemporary nations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.227-250
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• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.