• Journal of Arbitration Studies
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• v.30 no.2
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• pp.43-68
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• 2020

The "arbitration" system resolves disputes through judgments on rights relations or claims between disputed parties by judging by private trial, but it does not have organizational and material bases to execute the contents of these judgments. Therefore, unless the parties succeed in voluntarily surrendering to the results of the arbitration award, the implementation of the award will be accomplished by the enforcement of the assistance of the National Court. However, unlike the court's ruling, the arbitration tribunal does not generate enforcement power from the judgment itself, and it must be filed with the court for execution. In this regard, Germany provides for arbitration proceedings in the Civil Procedure Act Volume 10. In particular, Article 1060 governs the approval and enforcement of domestic arbitral awards. Accordingly, the procedure for declaring the feasibility of domestic arbitration proceedings and the execution of forced execution are commenced. Regarding the enforceable declaration of a domestic arbitral award, it differs from the simpler process requirements compared to the procedure in a foreign arbitral award, and usually has the same effect as a final judgment between the parties without a separate approval procedure. However, the arbitration award does not constitute an enforceable power that can be implemented, but is enforced through the national court's declaration procedure. However, if there is a ground for cancellation as provided for in Article 1059 (2) of the German Civil Procedure Act, the arbitral award is canceled and the application for enforcement is dismissed.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Journal of the Korean Society of Costume
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• v.29
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• pp.171-182
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• 1996

This thesis is concerned with the study of the court attire the typical attire of the ju-dicial world in a point of time that more than 100 years have passed since the introduction of the modern judical system. In recognition of the fact that compiled data of the official uni-form or attire in Korea are insufficient this study placed its signification on the provision of information with focus on attire. As a result of studying court attire in Korea the conclusion was made as follows: Firstly Official attires in Yi Dynasty were divided by wearing embroidered insignia on the breast and the back of an official robe ac-cordint to court rank as well as by wearing Sa-mo in wadded clothes of Dan-ryeong and attaching all sorts of appurtenances including bands and shoes The Minister of Justice was equipped with Ho-pyo Dae-sa-heon equipped with Hae-chi the mayor of Seoul equipped with Un-an In the era of the Kng Young-jo the minister of Justice had no change in its of-ficial robe but the mayer(Pan-yun) of Seoul (Han-sung-bu) had Un-an(wild geese in clouds) changed into Un-hak In the King Ko-jog era the minister of Justice had Ho-pyo changed into Ssang-ho and the mayor of Seoul had Un-hak changed into Ssng-hak on embroideved insignia on the breast and back of an official robe. Laws and regulations concerning court attire began with the In-judgement Full-dress Uni-form Requlation for official-level Clerical Staff below the ordinary staff the Issue No. 14 of the Royal Ordinance in 1906 provided as $\ulcorner$the matter cincerning the Dress Regulation of the Tribunal staff of the Cho-sun Government-General$\lrcorner$the Issue No. 222 of the Royal Ordi-nance in 1911 and changed into$\ulcorner$the Regu-lation on the Dress of Judge Prosecutor At-torney and Law Count Clerk$\lrcorner$the Issue No. 12 of the Supreme Court Rule in 1953 affter the establishment of Korean Government since emancipation from the Japanese rule and into $\ulcorner$the Regulation concerning the Court Attire of Judge and law Court Clerical Staff$\lrcorner$the Issue No. 516 of the Supreme Court Rule in 1966. The judicial system in Korea is the system introduced from the foreign country rather than autogenously developed. And it came to pass through the Japanese colonial period it the beginning that it took root in Korea n was not stabilized in harmony with our native tradition. Accordingly the attare regulation in the judicial system took root in our society by accepting the Japanese attire regulation as it was and judical officials have come to wear the count attire similar to that of the Japanese imperialist era due to its influence though Korean independent goverment was established together with liberation form the Japanese rule. The more regrettable thing is that the current court attire has maintained the form greatly influenced by the U. S. court attire. Fortunately as the judicial circles have recently raised their voices for change in the court attire it has been told that the forma-tion of a meeting for a new court attire has been under way. The birth of the court attire into Which our tradition is sublimated is expected. This study end up with thinking that the must Korean thing is the most global thing in this era that people in the world are clamoring for globalization.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.254-261
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• 2022

Every vessel shall proceed at a safe speed to avoid collision. Additionally, every vessel shall comply with the speed limit rules in the territorial water and internal waters of Korea. The VTS operator shall properly control the compliance of the vessel with the safe speed and speed limit rules. Safe speed under the COLREG 1972 is not explicitly stipulated in knots. However, under the Domestic law for traffic safety-specific sea areas, etc., the speed limit is specified in knots and complied with. This speed limit rule is mainly based on the 'speed made good over the ground'; however, in some places, it is based on the 'speed making way through the water'. In this paper, I analyzed marine accidents that occurred in the past 5 years and the rate of violation of speed limits. Furthermore, I reviewed safe speed under the COLREG 1972, speed limit rules under domestic and foreign laws, and cases of non-compliance with safe speed in the judgment of the Korea Maritime Safety Tribunal. Resultantly, I suggested in this paper that the speed limit rules in the domestic law must be observed by vessels to prevent marine accidents, and the rules which are stipulated in terms of 'speed making way through the water' must be revised as 'speed made good over the ground' such that the vessels can easily comply with them and the VTS operator can control the vessel properly.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.7
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• pp.967-976
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• 2021

Over the last ten years, the number of entanglement marine accidents has increased more than other accident types. This study analyzed the annual statistical report of marine accidents from the Korea Maritime Safety Tribunal and Korea Coast Guard. Despite some discrepancies between data of the two organizations, it was found that marine accidents involving fishing vessels were more prevalent than those involving non-fishing vessels. In addition, the main floating materials that caused wounded entanglement accidents were fishing nets, fishing gear, and ropes, and the proportion of them was high. Foreign and domestic policies on marine plastics recognize most marine plastics as marine environmental hazards and focus on marine litter recovery and the prevention of marine pollution. The representative Acts related to the marine environment and marine litter, the Marine Environment Management Act and the Marine Waste and Sediments Management Act, recognize marine litter as a type of marine waste, and deal with the types and definition of this waste. However, clearly defining marine waste is difficult. Therefore, this study tried to examine the relevant legal system of marine litter on ship operation and suggested improvement measures. Moreover, the definition of marine litter for the safe navigation and operation of ships was clearly proposed.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.239-282
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• 2019

The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

• The Korean Journal of Archival Studies
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• no.54
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• pp.111-150
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• 2017

This paper examines the current situation of sources on Korean Class B and C war criminals attached as civilians to the Japanese military during the Asian Pacific War charged with cruelly treating Allied POWs in Japanese POW camps, and also explores the possibility of a joint Korean-Japanese archive of these sources. The Japanese government agreed to the judgement of war crimes by accepting the terms of the Potsdam Declaration, and the Allied troops carried out the judgement of Class B and C war crimes in each region of Asia and the International Military Tribunal for the Far East (also known as the Tokyo Trials). However, many non-Japanese such as Koreans and Taiwanese from the Japanese colonies were prosecuted for war crimes. The issues of reparations and restoring their reputations were ignored by both the Korean and Japanese governments, and public access to their records restricted. Most records on Korean Class B and C war criminals were transferred from each ministry to the National Archives of Japan. The majority are copies of the judgements of war crimes by the Allied nations or records prepared for the erasure of Japanese war crimes after each department operated independently of the Japanese government. In the case of the Diplomatic Archives of the Ministry of Foreign Affairs, such records focused mostly on their war crimes and the transfer of B and C war criminals within Japan and the diplomatic situation. In the case of Korea and Taiwan, these records were related to the negotiations on the repatriation of Class B and C war criminals. In addition, the purpose of founding of the Japan Center for Asian Historical Records and its activities demonstrate its tremendous utility as a facility for building a joint Korea-Japan colonial archive. Thus, the current flaws of the Japan Center for Asian Historical Records should be improved on in order to build a such a joint archive in the future.