• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2000.05a
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• pp.50-55
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• 2000

The United States has had the superiority in the global trading market, and focused on the deregulation, decentralization, and often competitiveness. Also, it has adhered to pluralistic and uncoordinated systems for its various standard related activities. But with the WTO TBT entering into force late in 1990s, international standards have become more important in the global telecommunication market. So it has been recognized that the progressive standard activity would lead to keep the superiority of the nation in global telecommunication market. Specially, as the EU has been most active in building an agreed-upon technical standards among Its members, the US has faced with a serious problem that it has lack of agreed-upon infrastructure for standards. Hence, to keep the leadership in international telecommunications market, now it has been focusing on the national approach to standardization activities through the governmental support. For the implementation of above purposes, it amended 2 Acts. One is the Telecommunication Act of 1996. The other is NTTAA(National Technology Transfer and Advancement Art) of 1996, which was enacted according to the 1995 report "Standards, Conformity Assessment, and Trade into the 21 Century" by )TRC(National Research Council). In this paper, we analyse the US legal system in telecommunication standardization field including above arts and their Implementing plans. And we suggest the need for the active system of government in our telecommunication standardization.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.1
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• pp.39-46
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• 2022

Piracy cases have been increasing globally since 2007. Recently, the waters of West Africa including the Gulf of Guinea, emerged as the most dangerous areas in the world. To prevent piracy damage to ships and crew, the Korean government amended the Piracy Damage Prevention Act on August 17, 2021 to newly define the risk area and the high-risk area for piracy. It also established the legal framework for restricting the entry of ships into such high-risk areas. This study aims to discuss and present a plan for establishing risk areas and high-risk areas for piracy to be noticed by the government in accordance with the amended Act. In this study, international piracy trends, international response measures and the status of international high-risk areas were investigated and analyzed, the matters to be considered to designate high-risk areas were identified. It is expected that the resulting information on high-risk areas for piracy can be utilized not only for the development of government policies on the prevention of piracy, but also as basic academic data.

• Journal of the Korean Society of Safety
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• v.21 no.4 s.76
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• pp.119-126
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• 2006

Though safety signs are important since they transmit hazard information even after diverse accident prevention treatments, their functional effectiveness were never tested in Korea so that even those provided by Occupational Safety & Health Act(OSHAct) could not accomplish their objectives, "effective accident prevention", This research was carried out to understand confronted problems and improvement direction for safety signs provided by OSHAct. For them, current safety signs were analyzed with a semiotic view on one hand, and a questionnaire survey was conducted with safety-related people in industrial fields on the other hand. To summarize problems in semiotic aspects, geometric simplicity of pictograms in safety signs seemed to be so emphasized that they might fail to induce realistic action, and their esthetic sensation seemed to be lower than those of developed countries. And according to present questionnaire survey, it was pointed out that; 1) legal systems related with safety signs were not classified appropriately, 2) safety signs were recognized as difficult to understand and inapplicable to industrial fields, and eventually 3) safety signs were not effectively utilized for industrial accident prevention. Therefore, discussions for improving confronted problems and relation to international standards were added at the end.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.35-58
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• 2001

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 of the UCP500 and 95UCC 5-108. Both articles introduce a standard of document examination to be used by banks to determine whether they comply facially with the terms of the credit. While, in the UCP, this standard is called international standard banking practices, in the UCC, this standard is called standard practices. I think that both standards are not same. Thus, first, this study look for categories of both standards and scope of application. the second subject is how can issuing bank act in the face of non-documentary condtion under this standard of document examination. Third is correlation between the principle of Strice Compliance and the standard.

• Journal of Advanced Marine Engineering and Technology
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• v.38 no.4
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• pp.486-494
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• 2014

IMO adopted comprehensive revisions to the International Convention and Code on Standards of Training, Certification and Watchkeeping (STCW) at diplomatic conference in Manila, Philippine in June 2010. In Korea, the legal amendment of Korean Marine Officers Act has been proposed to apply revised STCW convention to The Korean Law. The Korean Marine Officers Enforcement Ordinance Act currently working on follow-up and this legislation was passed in Legislation and Judiciary Committee. This thesis would like to look into the current status of how to apply the Electro-Technical Officers standard and license system from the Korean Marine Officers Act to be revised. Also, This study aims to effectively improve for Korean Marine Officers Enforcement Ordinance of Electro-Technical Officers system and to provide the policy proposal.

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.14 no.1
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• pp.116-127
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• 2013

Korea, like most of other countries, is enforcing the national pension as social insurance which is a kind of the income policy. Despite the fundamental limitation on public pension or the imperfect policy, the guarantee of the minimum living standard for maintaining dignity of human being is not being reached for the standard. Poverty rate of the elderly in Korea is the first among the OECD countries and public pension dead zone is very large. The elderly low income class could become a serious social problem if low fertility and aging keep getting worse. In this study, I will analyze the present condition of the retirement security for the elderly in South Korea. Also, I will look into the present situation of old-age income security and determine problems, and propose the improvement devices for related laws.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.117-136
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• 2007

Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the international private law and the international commercial arbitration. The purpose of this article is to make research on the party's autonomy principle for the international commercial arbitral awards. For this purpose ist to analyse regal issue the applicability of the lex mercatoria and the possibility of $d\acute{e}pe\c{c}age$ relating to the party autonomy. In this Article ist dealt with Art. 29 para. 1 of the Korean Arbitration Act in comparison with Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure. The Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para. 1 of the German Code of Civil Procedure provides equally. "The arbitral tribunal shall decide the dispute in accordence with such 'rules of law' as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules." The term 'rule of law' used to describe the applicability of the lex mercatoria and the possibility $d\acute{e}pe\c{c}age$. Unlike Art. 28 para. 1 UNCITRAL Model Law and Art. 1051 para.1 of the German Code of Civil Procedure. Act, Art. 29(1) of the Korean Arbitration Act provides that the arbitral tribunal shall decide the dispute in accordence with the 'law' chosen by the parties as applicable to the substance of the dispute. However the majority view in Korea takes the position that the term 'law' should be interpreted broadly so as to encompass 'rules of law' at UNCITRAL Model Law and the German Code of Civil Procedure.

• Journal of Digital Convergence
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• v.11 no.8
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• pp.251-263
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• 2013

To explore the device to allow the marriage immigrants' family to take jobs in our country, the social and economic environments that they face are investigated and analyzed through literature survey and field inquiry. The principal motive of the marriage to Korean is economic problem. But their actual economic conditions are inferior, and other legal problems, such as getting jobs and remitting money to their home country, drive them to unstable status. The present hiring policy is applied only to foreign workers with no domestic relations(E-9), hence the marriage immigrants are excluded from the domestic employment. To make institutional devices for giving them the employment opportunity, the modification of the existing laws are proposed. For examples, the 'Act on employment of foreign workers' can be revised to permit immigrant's relatives to get jobs, and 'Immigration control law' can be amended to guarantee legal qualification for taking jobs. It is desirable that the overall control be made by the Prime Minister's Office, and operation as well as surveillance be performed by the Ministry of Gender Equality and Family (MGEF) and the Ministry of Employment and Labor (MEL).