• Korean Journal of Social Welfare
• /
• v.58 no.1
• /
• pp.395-423
• /
• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

• International Commerce and Information Review
• /
• v.13 no.3
• /
• pp.403-431
• /
• 2011

The environmental issues including domestic measures to protect public life or health are generally easy to bring the tension between the WTO and its member countries. The standard of review, whether de novo review, total deference, or somewhere in between, is largely important in the WTO's adjudicating mechanism because it is closely related to the appropriate balance of power between sovereign nations and the WTO: The multilateral trading regime, through the proper standard of review, could harmoniously operated without interest conflicts among the member countries and at the same time between the WTO and the member countries. Irrespective the important function of the standard of review in the WTO judicial system, applicable standard of review has not been established in the current SPS Agreement. Furthermore, the nature of the SPS Agreement related in scientific factors, such as scientific experiment, data and assessment prevents the WTO's panel from applying consistent standard of review. Considering the judicial demand for the moderate treatment of the case under the SPS Agreement, this paper explores appropriate standard of review applicable the SPS-related environmental measures, particularly, by analysing the recent SPS-related dispute, US-Hormones Suspension.

• Journal of Cadastre & Land InformatiX
• /
• v.50 no.1
• /
• pp.143-162
• /
• 2020

The purpose of this study is to derive the type by examining and analyzing the integrated cases of the Cadastral System (hereafter as CS.) and the Land Registration System (hereafter as LRS.) except for France, the Netherlands, Japan, and Taiwan introduced in Korea. As a result of the study, it was confirmed that the CS. and LRS. were integrated in Turkey, Indonesia, Hungary, Czech Republic, and Lithuania, and the following three types were drawn as a result of analyzing the integration case. First, the French type, the CS. and LRS. has been integrated since the establishment of the system, and the central and state governments are managed by one Administrative Agency, The basic municipalities include France and Turkey, which are managed by two separate agencies. Second, the Dutch type, there are Netherlands, Indonesia, and Lithuania, which are integrated and managed by one Administrative Agency since the creation of the CS. and LRS. Third, the Japanese type, there are Japan, Taiwan, Hungary, and Czech Republic which was separated from the creation of the CS. and the LRS. and the CS. was managed by the Administrative Agency and the LRS. was managed by the Judicial Agency. but after integrated both systems were managed by one Administrative Agency, Furthermore, CS. was managed by the Administrative Agency in all countries but LRS. was managed by the Judicial Agency in some countries. but after integrated both systems were managed by one Administrative Agency. I hope that active research on the integration of the CS. and LRS. will be carried out in the future, and hope that the results of this study will be used as basic data for research on how to integrate the CS. and LRS. in Korea.

• Journal of Arbitration Studies
• /
• v.12 no.1
• /
• pp.123-169
• /
• 2002

The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

• Journal of Arbitration Studies
• /
• v.23 no.1
• /
• pp.153-175
• /
• 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.

• Journal of Arbitration Studies
• /
• v.31 no.1
• /
• pp.129-154
• /
• 2021

As our society and industry develop, disputes are becoming ever more complicated and diversified to the point that it is alleged that dispute resolution by court proceedings has certain limits and setbacks. Therefore, it is commonly suggested that mediation by a qualified mediator should come as an alternative method, and there have been many attempts to establish and provide mediation service in the courts and government authorities. To comply with a party's autonomy, which is the essential basis of mediation, and to promote the use of mediation, it is highly recommended that private mediation, rather than court-driven or administrative mediation, shall take the initiative. In the meantime, despite a number of academic research and attempts to increase the awareness and use of mediation nationwide, we have not yet seen meaningful developments due to the longstanding misunderstanding and discredit of mediation. In contrast, Italy has begun to revitalize mediation by enacting 'Legislative Decree No. 28/2020' following the 'Directive 2008/52EC' of the European Parliament and encouraging the so-called via-mediation policy. It is acknowledged to have significantly contributed to the development of private mediation in Italy and the increased use of mediation as a dispute resolution method. It shall be particularly noted that Italy's mediation proceedings have certain traits, including preliminary mediation meetings, mandatory involvement of legal counsel, and tax benefits for the settled cases by mediation. Italy's efforts would provide people with meaningful lessons and perspectives. As society strives to promote private mediation to distribute and utilize the judicial resources' inefficient ways, institutions need to develop practical measures to increase the number of civil and commercial disputes in the mediation proceedings. To that end, legislative efforts to enact relevant laws necessary to provide incentives to disputing parties and establish integrated education and certification programs to train qualified mediators need to start soon.

• Journal of Multimedia Information System
• /
• v.3 no.2
• /
• pp.27-34
• /
• 2016

In the past, the judicial circles in the Republic of Korea (ROK) were generous to the online copyright violations of computer software compared to other academic areas or offline violation. However, they started to reconsider such a practice since the FTA talks with some advanced countries began so that new laws had to be established, especially after the first round of negotiations with United States of America (USA) in 2006 during which they changed their views on the matter. Now it became possible to penalize digital copyright violations through lawsuits, and from March 1st, 2017, the court is expected to abolish the nonsuit system for teenagers. Thus, this paper has reviewed the ethical aspects involved in digital copyright protection and examined the possible alternatives, dividing them into three broad groups, before proposing a digital copyright protection curriculum for secondary education.

• Journal of Fisheries and Marine Sciences Education
• /
• v.27 no.4
• /
• pp.912-923
• /
• 2015

In the results of analyzing Korean corrective action for what are required to be improved according to EU listing Korea as yellow-card non-cooperating third countries against IUU fishing, in order to establish advanced fishery order, it is thought that the following additional improvements are required. (1) The introduction of integrated management system of fishing vessel sailing route, fishing activity, fish catch, and inshore fishing vessel must be considered. (2) It is necessary to establish a system to cross check catch transaction, catch landing, and fish catch report submitted by fishing vessel. (3) Catch transshipment approval system shall be introduced. And a system of reporting and checking catch transshipment at sea shall be reinforced. (4) Punishment shall be strengthened to the extent of making people to perceive that loss due to punishment is larger than profit made from illegal fishing. (5) It shall be so improved that more than a certain percentage of all vessels with fish and fish products caught in waters outside Korea's judicial waters shall be arbitrarily chosen and searched besides a case of being suspected to be IUU fishing. In conclusion, on being listed by EU as yellow-card non-cooperating third countries against IUU fishing, Korean fishery management system shall be generally reexamined, and it shall serve as an occasion to exterminate IUU fishing and to advance fishery management system.

• The Journal of the Korea Contents Association
• /
• v.11 no.12
• /
• pp.734-741
• /
• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

• Journal of the Korea Institute of Building Construction
• /
• v.6 no.3 s.21
• /
• pp.83-90
• /
• 2006

The purpose of this study is to propose improved apartment management rules so that the inhabitants of apartment houses can manage their apartment in efficient and transparent manners. This study points out several problems of current management system and propose improved apartment management rules by analyzing misconducts of management office, related laws and regulations, standard apartment management rules, these and judicial decisions. Therefore, the inhabitants may refer to this study in establishment or amendment of their apartment management rules.