• 통상정보연구
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• 제14권1호
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• pp.247-271
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• 2012

1995년 WTO체제의 출범이후 환경론자들과 WTO 옹호론자들간의 환경과 자유무역의 촉진관계를 둘러싸고 논쟁이 증가해 왔다. WTO의 자유무역론자들은 환경보호를 빌미로 하는 위장된 무역제한수단을 강조해 온 반면 환경론자들은 WTO체제가 환경관련 협정문의 불충분 때문에 환경문제를 적절히 다룰 수 없다고 주장해오고 있다. 본 논문에서는 WTO 회원국들이 취한 환경보호조치가 환경보호를 빌미로 하여 국내산업계의 이해관계를 반영해 왔음을 발견하였다. 이를 근거로 본 논문에서는 향후 WTO체제내에서 환경과 무역간의 갈등문제를 해결하기 위하여는 WTO의 사법적 접근과 함께 환경보호조치와 관련하여 국내 및 국제적인 이해관계와 집단간의 이해관계를 아우를 수 있는 조화와 조정 노력이 필요할 것이란 점을 밝히고 있다.

• 정보화정책
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• 제30권2호
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• pp.3-21
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• 2023

최근 인터넷 환경은 인터넷 내용규제에 대한 새로운 접근을 요구한다. 헌법재판소가 인터넷을 가장 참여적인 시장으로 표현촉진적인 매체라고 정의한 지 20여년이 흘렀다. 그 동안 인터넷에서는 디지털성범죄, 마약, 자살정보, 악성댓글, 혐오표현, 가짜뉴스 등 표현의 자유로만 설명할 수 없는 다양한 문제들이 등장했다. 통신심의 제도에 대한 논의가 중요한 이유이다. 본고는 국내 통신심의 제도에 대한 입법적 분석, 사법적 분석, 행정적 분석을 시도한다. 통신심의 법률 현황과 특징은 무엇인지, 통신심의에 대한 사법부의 판단은 어떠한지, 실제 통신심의의 운영과정과 특징은 무엇인지 분석하였다. 입법적, 사법적, 행정적 접근을 통해 국내 통신심의 제도의 문제점을 총체적으로 다루었다. 이를 통해 국내 통신심의 제도 개선을 위한 정책적 제언을 도출하였다.

• 한국중재학회지:중재연구
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• 제17권2호
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• pp.189-219
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• 2007

Mediation is type of intervention in which the disputing parties accept the offer of the judge or a third party to recommend a solution for their controversy. Mediation differs from arbitration in being a voluntary resolution rather than a judicial procedure. Thus, the parties to the dispute are not bound to accept the mediator's recommendation. Resort to mediation has become increasingly frequent for civil disputes. Mediation has been successful in many cases of civil conflict. Mediation has become increasingly important for monetary disputes as well, particularly in damage cases. While most people consider mediation a far superior experience to court, everything I tell you a mediator should not do is something that at least one mediator I have dealt with has done to a client. In theory, a mediator should never share anything you tell him or her without your permission. In theory a mediator should not "spring" evaluations on anyone in a mediation without your permission (e.g. a mediator should never say "your case is worth \OOOO and I just told the other side that). In theory a mediator should not browbeat or threaten you. At the end, usually about 55% of the time with a good mediator in Kwangju Appellate Court in 2003, the parties reach an agreement that is in their best interests. If they decide to sign off on a signed agreement, the signed agreement is binding. I obviously feel mediation is a very good thing and the numbers and surveys bear me out. This article is written about how mediation is proceeded, what is the realities, what is the problem and what is the activating way. For this study, I research with legal sociological approach using Korean Judicial Year Boot judicial document and my experience as meditator in Kwangju District Court.

• 한국중재학회지:중재연구
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• 제20권2호
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• pp.49-65
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• 2010

The expanded role of courts in arbitral procedures is said to have certain detrimental effects on the cost-effective approach to arbitration. This is the case when the court is appointing an arbitrator, pursuant to the specific domestic legal regime. The danger of decisions, especially those with expanded role of courts can create delays and hurdles. Even with contradictory viewpoints, the role of the court should complement the arbitral tribunal and not impede the functioning of arbitration independent of the judicial system. In this paper, two recent cases in Korean Supreme Court are reviewed, trying to find the proper implications on further arbitration practices especially in the stage of arbitrator appointment. Even though the proper appointment of arbitrators is essential to the existence of valid arbitration proceedings, appointment of arbitrators by the courts should constitute an administrative power, and not a judicial power. The cases reviewed make clear that the court must play a facilitative role in international commercial arbitration by assisting the parties in appointing the arbitral tribunal, the court intervention must be kept to a minimum.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.153-175
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• 2013

The issue of patent validity becomes a subject of dispute under the FTA and there is a definite difference of opinion between China, Japan, and Korea. In other words, the validity of a judgment on the patent was exclusively under the jurisdiction of the administrative agency at a particular patent office. Thus, the issue arises where there is a potential judgment on patent validity. In this case, the Supreme Court rather than the patent office can offer a judgment from a judicial institution and can make a judgment in the case of a medication. In China, however, the lowest possibility of judgment on patent validity is predicted to occur in judicial institutions. Such a judgment is recognized as the Grand Bench Decision in Korea, and the court can judge the patent validation rather than the patent office. That is just the case in the Kilby case-it is invalid for reasons obvious in Japan. Therefore, there is a substantial difference between the three countries. Especially in Japan, where after the Kilby case, they revised the patent law in 2004 to introduce Article 104-3, placing the judgment of patent validity in the court, even if the "Apparentness"is not requisite. Per this law, infringers can argue for patent invalidity not only the judgment of the patent invalidation but also the infringement lawsuit. From the point of view of Japan, Korea became the judgment of trademark validation by extension and obvious cases can become directly to judge through the Supreme Court about the right that needs to examinations and registrations. In terms of the mediation, it also provides a clue about the judgment of intellectual property validation and expands the scope of the mediation in the future. From now on, in order to have active mediation procedures in the three countries, China, Japan, and Korea would need to unify regulations and application scopes for mediation in the FTA negotiation and to look forward to achieve a vigorous mediation approach.

• 통상정보연구
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• 제13권3호
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• pp.403-431
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• 2011

환경 관련 문제에 대한 관심이 고조됨에 따라, 국민의 건강 및 생명 보호를 위한 각국의 SPS조치는 국가 간 자유무역이라는 WTO의 주요원칙에 역행하는 규제적인 무역관행을 낳고 있다. 그러나 분쟁 발생 시 패널이 회원국의 조치를 심사하는데 필요한 심사기준과 관련된 규정은 SPS협정에 존재하지 않는다. 뿐만 아니라 과학적 실험, 데이터 등과 밀접한 관련이 있는 협정의 특성으로 인하여, 본 협정에 적합한 심사기준에 대해서는 상반된 의견들이 대립하고 있으며 실제 분쟁사례에서도 일관된 기준이 적용되고 있지 못하다. 국가차원에서 결론 내려진 사실적, 법적 판단을 패널이 심사할 때 적용하는 심사기준은, 당국의 결정을 패널이 존중하는 정도에 따라 '적극적 개입(de novo review) 기준'과 '존중(deference) 기준'이라는 두 가지의 대립적인 기준으로 나누어질 수 있다, 이 두 가지 대립적인 기준을 중심으로, 본 논문에서는 WTO협정에서 규정하고 있는 심사기준을 검토하고 SPS 협정에 적합하게 적용할 수 있는 심사기준을 모색하고자 한다. 그리고 최근 US-Hormones Suspension 사건 판결에서 적용한 심사기준을 분석하여 SPS협정에 적용 가능한 심사기준이 어떠한 방향으로 정립되고 있는지 살펴보고자 한다.

• Journal of Electrical Engineering and Technology
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• 제10권4호
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• pp.1886-1898
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• 2015

In today’s era of advanced technological developments, the threats to the authenticity and integrity of digital images, in a nutshell, the threats to the Image Forensics Research communities have also increased proportionately. This happened as even for the ‘non-expert’ forgers, the availability of image processing tools has become a cakewalk. This image forgery poses a great problem for judicial authorities in any context of trade and commerce. Block matching based image cloning detection system is widely researched over the last 2-3 decades but this was discouraged by higher computational complexity and more time requirement at the algorithm level. Thus, for reducing time need, various dimension reduction techniques have been employed. Since a single technique cannot cope up with all the transformations like addition of noise, blurring, intensity variation, etc. we employ multiple techniques to a single image. In this paper, we have used Fuzzy logic approach for decision making and getting a global response of all the techniques, since their individual outputs depend on various parameters. Experimental results have given enthusiastic elicitations as regards various transformations to the digital image. Hence this paper proposes Fuzzy based cloning detection and classification system. Experimental results have shown that our detection system achieves classification accuracy of 94.12%. Detection accuracy (DAR) while in case of 81×81 sized copied portion the maximum accuracy achieved is 99.17% as regards subjection to transformations like Blurring, Intensity Variation and Gaussian Noise Addition.

• Journal of Korea Trade
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• 제24권6호
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• 시큐리티연구
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• 제6호
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• pp.1-46
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• 2003

During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

• Journal of Korea Trade
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• 제26권7호
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• pp.167-184
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• 2022

Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.