• Journal of the Korean Institute of Navigation
• /
• v.22 no.3
• /
• pp.93-102
• /
• 1998

This article aims at suggesting a practicla auide to navigation under restricted visibility by a study of an English court. This case os a good example of setting out safe speed. close-quarters situation, safe passing distance as the above factors are not enumerated in Collision Regulations.

• Journal of Arbitration Studies
• /
• v.15 no.2
• /
• pp.225-261
• /
• 2005

Under Article IV of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), in order to obtain the recognition and enforcement of a foreign arbitral award, a party applying for recognition and enforcement of a foreign arbitral award shall supply (a) the duly authenticated original award or a duly certified copy thereof and (b) the original arbitration agreement or a duly certified copy thereof. In addition, if the arbitral award or arbitration agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language, and the translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. In a case where a Vietnamese company which had obtained a favorable arbitral award in Vietnam applied for recognition and enforcement of a Vietnamese arbitral award before a Korean court, the recent Korean Supreme Court Judgment (Docket No. 2004 Da 20180. 'Judgment') rendered on December 12, 2004 has alleviated the document requirements as follows : The Judgment held that (i) the party applying for recognition andenforcement of a foreign arbitral award does not have to strictly comply with the document requirements when the other party does not dispute the existence and the content of the arbitral award and the arbitration agreement and that (ii) in case the translation submitted to the court does not satisfy the requirement of Article 4, the court does not have to dismiss the case on the ground that the party applying for recognition and enforcement of a foreign arbitral award has failed to comply with the translation requirement under Article 4, and instead may supplement the documents by obtaining an accurate Korean translation from an expert translator at the expense of the party applying for recognition and enforcement of the foreign arbitral award. In this regard, the author fully supports the view of the Judgment. Finally, the Judgment held that, even though the existence of a written arbitration agreement was not disputed at the arbitration, there was no written arbitration agreement between the plaintiff and the defendant and wenton to repeal the judgment of the second instance which admitted the existence of a written arbitration agreement between the parties. In this regard, the author does not share the view of the Judgment. The author believes that considering the trend of alleviating the formality requirement of arbitration agreements under Article 2 of the New York Convention, the Supreme Court could have concluded that there was a written arbitration agreement because the defendant participated in thearbitration proceedings in Vietnam without disputing the formality requirement of the arbitration agreement. Or the Supreme Court should have taken the view that the defendant was no longer permitted to dispute the formality requirement of the arbitration agreement because otherwise it would be clearly against the doctrine of estoppel.

• The Korean Society of Law and Medicine
• /
• v.10 no.2
• /
• pp.115-150
• /
• 2009

The Article 17 (1) of the Medical Service Act states that no one but medical doctor, dentist or herb doctor shall prepare medical certificate, post-mortem examination, certificate or prescription. Though medical certificate, post-mortem examination or certificate is a private document issued by doctor personally, it is accepted as reliable as public document. Therefore, for medical certificate, post-mortem examination or certificate, unlike other private document to guarantee authenticipy of the content, the Article 233 of the Criminal Act states the Crime of Issuance of Falsified Medical Certificates. In other words, the Criminal Act Article 233 states that If a medical or herb doctor, dentist or midwife prepares false medical certificate, post-mortem examination or certificate life or death, one shall be punished by imprisonment or imprisonment without prison labor for not more than three years, suspension of qualifications for not more than seven years, or a fine not exceeding thirtht million won. The subject of the Crime of Issuance of Falsified Medical Certificates is only a medical or herb doctor, dentist or midwife and the eligibility requirements are specified in the Medical Service Act. Medical certificate is the medical document to be issued by medical doctor to certify the health status and show the Jugdement about the result of the diagnosis, Post-mortem examination is the document to be listed by medical doctor to confirm medically about human body or dead body, and Certificate life or death is a kind of medical certificate to verify the fact of birth or death, the cause of death, such as Birth Certificate, Certificate of Stillbirth or Certificate of Dead Fetus. To constitute the crime of Issuance of Falsified Medical Certificates, it is necessary for the contents of the certificate to be substantially contrary to the truth, as well as it is needed the subjective perception that the contents of the certificate are false. The Supreme Court Decision 2004DO3360 Delivered on March 23, 2006 declared that although the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park, it was difficult to believe that the contents of the Disability Certificate of this case were contrary to the objective truth or the defendant had perception that the contents of the certificate were false. I don't agree with the Supreme Court Decision, because the Supreme Court confirmed the decision by the court below despite the Supreme Court should have made the court below retry the reason why the Defendant did not MRI scan, etc. for precise observation about the disability status of Mr Park.

• Journal of Arbitration Studies
• /
• v.28 no.2
• /
• pp.217-248
• /
• 2018

This paper reviews the Supreme Court of Japan in Decision of December 12, 2017, 2016 (Kyo) 43 (2011) concerning arbitrator's duty of disclosure and reasonable investigation under the Japan Arbitration Act (Arbitration Act). The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Arbitration Act. Under Article 18(4) of the Arbitration Act, arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. The Supreme Court held that Article 18(4) of the Arbitration Act - requiring arbitrators to disclose all "facts likely to give rise to doubts as to his/her impartiality or independence" - (1) is not satisfied by blanket disclosures or advance waivers of potential future conflicts, and (2) requires disclosure of facts both known to an arbitrator or "that can be normally ascertained by an investigation that is reasonably possible${\cdots}$" This new standard presents opportunities and challenges for enforcing arbitration awards in Japan, and suggests measures that both arbitrators and parties can use to protect their awards. Also, the Supreme Court's new standards for evaluating arbitrator conflict disclosures suggest some measures that both arbitrators and parties to arbitration in Japan can take to protect the enforceability of their awards. The key factual question posed by the Supreme Court's ruling was whether an arbitrator's conflicts check was reasonable. Maintaining records regarding a review of potential conflicts or any investigation provides a ready source of proof in case of a future challenge. The Supreme Court has spoken clearly that so-called advance waivers of potential conflicts are not effective under Japanese law. Instead, to the extent that potential conflicts arise during the course of arbitration, they should be specifically disclosed.

• 한국사회정책
• /
• v.25 no.2
• /
• pp.165-189
• /
• 2018

Under the principle of subsidiarity, the German family policy formed in the 1950s and 1960s minimized the role of the state while maximizing the role of the parents. The German Constitutional Court, however, ruled that the level of compensation for the financial burden of child support costs must follow the basic rights, not the principle of subsidiarity. The Federal Constitutional Court has taken the duty of protecting the human dignity of the state under Article 1 of the Constitution as the starting point of the judgment. The Federal Constitutional Court held that the dignity of a child is guaranteed only if the level of the child's allowance or deduction is equal to or higher than the level of the child standard benefit under the Social Assistance Act established by Congress. The Federal Constitutional Court also regarded the state to compensate parents for child support costs as much as the level of child standard benefit under the Social Assistance Act as a family protection obligation of the state under Article 6, Section 1 of the Constitution. In addition, the Federal Constitutional Court ruled that the right to equality declared by Article 3 of the Constitution can be realized by compensating all parents for child support costs at the level of child standard benefit under the Social Assistance Act.

• The Southeast Asian review
• /
• v.21 no.3
• /
• pp.1-42
• /
• 2011

In terms of seaborne contacts of Vietnamese court with foreign countries had two directions in the 19th century. One was with Island Southeast Asian ports such as Singapore, Malacca, Penang, Batavia, and Manila. The other direction was to Canton. The Canton contact of Vietnam again can be interpreted as one of the two directions of Vietnamese contact with China. The inland route far to Beijing was based on the political and diplomatic consideration, while the closer route to Canton by the court vessels was more for the economic consideration as the case for the contact with the Island Southeast Asia. In this article, author discusses three issues to illuminate the nature of the trips of the court vessels of the Nguyễn dynasty to Canton. First is to clarify detail itinerary of the trip from the Thuận An Estuary to the City of Canton via Đà Nãng and Hanan. Unlike to the Western ships that visited Canton but anchored at the Huang Fu, Vietnamese square-rigged/copper-bottomed ships sailed up the Pearl river to the Guangzhou city front to stay for four or five months before they returned to Vietnam. In the second chapter, various kinds of observation of the Vietnamese officials are discussed. If the objects of the observation are divided into two categories, one is the world Westerners in Canton, and the other is the world of Chinese. In a same place, Canton, the Vietnamese officials could have enough chance to compare the two worlds clearly. An important consequence for the Vietnamese officials was to conclude that the mechanical technology of the Westerners was better than that of Chinese. This kind of conclusion led the Vietnamese court to send court personnels to learn Western technologies and languages in the port cities of Island Southeast Asia and to enlarge contacts with them. In the last chapter, author tries to find out the items that the Vietnamese mission purchased in Canton in exchange to the Vietnamese products. The items that the Vietnamese mission purchased included ceramics, silk, books, and medicines. With the support of the Chinese settlers in Vietnam the mission was able to be involved in the deal of illegal items such as opium, and possibly some kinds of precious ginseng from Korea. Overall, the process of the itinerary, observation, and purchase during the trip to Canton was the way to form the new point of view of Vietnamese intellectuals towards China standing from the side of Westerners. To the Vietnamese who experienced both Canton/Macao and the Western worlds in the port cities of Island Southeast Asia China was not the only center of the world, nor the Westerners could be looked down as the barbarians. In Canton, a peripheral region looked from the imperial capital Beijing, but the most internationalized city of China at that time, Vietnamese officials were training themselves to overcome China.

• The Korean Society of Law and Medicine
• /
• v.9 no.1
• /
• pp.165-196
• /
• 2008

Recently the Supreme Court held that "in cases in which a patient suffering from a mental disorder attempts to commit suicide, fails, and then succeeds in a subsequent attempt, the following circumstances must be present in order to acknowledge reasonable causation between the negligence of the hospital with regards to taking care of the patient and the death of the patient; there must have existed negligence on the part of the hospital with regards to their failure to stop the 1stsuicide attempt, injurious aftereffects must have been caused to the patient by the1stsuicide attempt, and said aftereffects must have been the main cause for the 2nd successful suicide attemtp." This, in effect, lessens the requirements of past holdings of the Supreme Court which held that "to acknowledge reasonable causation between the negligence of the hospital and the patient that commits suicide, the patient must have experienced such severe physical and mental suffering from the previous attempt so that they could not help but choose to commit suicide". The fact that the Supreme Court did not clearly state such changes in their view on this matter should be corrected. Also, the fact that the court only held the hospital liable for damages of less than 50 million won, only calculating damages up to the point when the deceased passed, is inadequate compared to other cases and should be corrected.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.49
• /
• pp.61-86
• /
• 2011

Korea Supreme Court has given thirty-nine time's judgments on enforcement of Arbitral awards for thirty-six arbitration cases and made four time's decision on the arbitration cases since Korea arbitration act was enacted in 1966. Most of the arbitration cases appealed to the Supreme Court was to obtain the recognition and enforcement of arbitral awards or to set aside the arbitral awards according to the Korea arbitration Act article 36 and article 37, by reason of (a) a party to the arbitration agreement was under some incapacity under the law applicable to him or the said agreement is not valid under the law to which the parties have subjected it, or failing any indication thereon, (b) a party making the application was not given proper notice of the appointment of the arbitrator or arbitrators or of the arbitral proceedings or was otherwise unable to present his case (c) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, 5 cases of these arbitral awards were refused to obtain the enforcement of Arbitral awards and have been cancelled finally by the Supreme Court only by the New York Convention of 1958.

• The Journal of Information Technology
• /
• v.10 no.3
• /
• pp.93-120
• /
• 2007

A Smart Home is a technically expanded from home network that gives us a comfortable life. But still there is a problem such as mal function of devices and intrusions by malicious parties since it is based on home network. The intrusion by malicious parties causes a critical problem to the individual's privacy. Therefore to take legal actions against to the intruders, the intrusion evidence collecting and managing technology are widely researched in the world. The evidence collecting technology uses the system which was damaged by intruders and that system is used as evidence materials in the court of justice. However the collected evidences are easily modified and damaged in the gathering evidence process, the evidence analysis process and in the court. That's why we have to prove the evidence's integrity to be valuably used in the court. In this paper, we propose a mechanism for securing the reliability and the integrity of digital evidence that can properly support the Computer Forensics. The proposed mechanism shares and manages the digital evidence through mutual authenticating the damaged system, evidence collecting system, evidence managing system and the court(TTP: Trusted Third Party) and provides a secure access control model to establish the secure evidence management policy which assures that the collected evidence has the corresponded legal effect.

• Journal of the Korean housing association
• /
• v.17 no.5
• /
• pp.107-116
• /
• 2006

This study was to figure out the design characteristics of court housing type for the purpose of searching for the possibility of applying it to the housing design in Korea. In spite of changes of housing design condition in Korea, especially steep increase in density, there have been changes only in the height of housing block, not in the housing types, layout, spatial organization and other design properties. Due to such a situation, housing in Korea has been criticised as too high, monotonous one - especially types of housing block tend to be fixed into a slab block and a point block. As one of the alternatives to respond to the criticism, this study focused on the positive aspects of the court housing type, and suggested the design direction throughout the analysis of 8 entries in the design competition of EunPyeong New Town, which attempted to overcome the negative problems - mainly the daylighting, orientation, and privacy - and tried to maximize the positive properties of this type of housing.