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Railway Governance and Power Structure in China

  • Lee, Jinjing
    • International Journal of Railway
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    • v.1 no.4
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    • pp.129-133
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    • 2008
  • Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.

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A Study on the Medical Dispute Arbitration Law in Terms of Civil Law (의료분쟁조정법안(약칭)의 민사법적 고찰)

  • Jeon, Byong-Nam
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.11-52
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    • 2010
  • Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of 'Act on Malpractice-related Damage Relief' or 'Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

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A Study for International Standardization of China Arbitration System (중국중재제도의 국제표준화에 대한 연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.117-138
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    • 2008
  • This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

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On the Development of Urban Fishing Ports in Busan - Focusing on the Development Demands of Interested Parties - (부산지역 도시형 어항의 정비방향 - 이해관계자의 정비수요 분석을 중심으로 -)

  • Seo, Geum-Hong;Kim, Jae-Bong;Oh, Yong-Sik
    • Journal of Navigation and Port Research
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    • v.34 no.6
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    • pp.493-501
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    • 2010
  • In the central Busan area from Haeundae to Saha, fishing villages are vanished actually in the progress of urbanization, and 17 fishing ports surrounded by urbanized area are left alone and isolated. But, we think these urbanized fishing ports are the very resource which grant the identity as the marine city and they have considerable potentials to enhance the value of neighboring community depending on the proper development of it. In this study, we defined the fishing ports in central Busan area as the representatives of 'urban fishing port', and tried to find the way of coexistence and harmony between 'city' and 'fishing port'. For this purpose, we investigated the fishery potentials, physical environments and development demands of 17 fishing ports in central Busan area, and composed opinions from fishing communities and neighboring inhabitants to set up the long term directions of urban fishing ports development for harmonious coexistence of city and fishing port.

A Study on the Improvement of Railway Construction Schedule Using KTX Construction Case (경부고속철도 사례분석을 통한 철도건설공기 개선에 관한 연구)

  • Yang, Yeonjong;Chung, Byunghyun
    • Journal of the Korean Society for Railway
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    • v.15 no.6
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    • pp.662-669
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    • 2012
  • In 2004, KTX operated in Korea on the 5th in the world. But there are various factor on planed schedule delay of Big National Construction Project like Seoul-Busan High Speed Rail Project(Seoul-Busan HSR). For example, Often change of government policy, project management control problem of design and construction, conflict of interested party like environmental organization/resident are the main delay factors. The suggestions for improvement of the construction schedule through the Seoul-Busan HSR will help to make a new leap forward in rail construction.

A Study on the Surrender B/L and the Subrogation Claim of Marine Cargo Insurance under International Trade Transaction (국제무역거래상 권리포기 선하증권과 관련된 해상화물보험의 대위청구권에 관한 연구)

  • LEE, Jae-Sung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.71-94
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    • 2015
  • The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

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A Study on the Trademark Registration and Nullity in China - Focused on 'Michael Jordan' Case - (중국 상표법상 등록과 무효에 관한 연구 - '마이클 조단' 행정판결을 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.699-720
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    • 2016
  • In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

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A New Market Transformation Policy for the Mid-Night Demand Discount Program (시장전환 정책을 통한 심야전력제도 개선방안에 대한 연구)

  • Kim, Chang-Sub;Kim, Jin-Ho
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.22 no.2
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    • pp.19-25
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    • 2008
  • In this paper, we have proposed a new market transformation policy to improve the existing rate discount program for the mid-night demand. The rate discount program for the mid-night demand is designed to relieve day-time demand and grow night-time demand since 1985. From this program, customer can save their electricity bills and at the same time electric utilities increase the load factor and utilization rate for the base-load generators such as nuclear and coal. Since this program has been introduced however, many economic problem has been brought out. This paper, therefore, has suggested new market transformations to resolve this problem, whereby economic loss can be shrink while all the interested party can minimize their individual benefits.

The Necessity for Introduction of ICSID Appellate System (ICSID 상소제도의 도입 필요성)

  • Kim, Yong Il
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.187-210
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    • 2019
  • This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

The Current State and Tasks of School Climate Change Education (학교 기후 변화 교육의 현황과 과제)

  • Yun, Sun-Jin
    • Hwankyungkyoyuk
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    • v.22 no.2
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    • pp.1-22
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    • 2009
  • Even though climate change is visibly proceeding and public concern about climate change is increasing both nationally and internationally, teenagers' and students' perception of climate change is relatively low in Korea. Since climate change is a problem with long-term effects, it is young people including children and juveniles of the current generation and future generations who are more affected by climate change. They are the most interested party who should know why climate change happens, what kind of impacts will be given, and how to respond to the problem. Based on the aforementioned concern, this study aims to explore the extent and contents of school education with regard to climate change in Korea as well as in other advanced countries and to provide policy suggestions. This study finds that school climate change education requires consideration of multiple aspects including reorganization of school curriculum, revitalization of related programs by school, expansion of teachers' training chances, in which multiple institutions such as the Ministry of Environment, the Ministry of Education, Science and Technology, Offices of Education are related and, consequently, the activation of climate change education program is by no means simple. Therefore, for effective climate change education in schools, cooperation and coordination of related institutions are essential, along with development of diverse school education curriculums and programs and training programs for teachers.

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