• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.33-66
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• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.203-249
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• 2009

It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.101-124
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• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• Journal of the Korean Institute of Navigation
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• v.19 no.2
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• pp.77-97
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• 1995

The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

• Journal of Distribution Science
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• v.13 no.10
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• pp.123-133
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• 2015

Purpose - The Korean government has devised intermodal transportation policies and granted subsidies to shippers and logistics companies that made a conversion of transportation means through the policies. This provides support by expanding the complex uniform railroad transportation and overhauling the deteriorated railroad facilities. As for 2013, however, the freight transportation percentage of railroad was 4.5% in tons and 8.5% in ton kilometers. Meanwhile, since the 1990s, developed countries such as the U.S. and Europe have been trying to expand intermodal freight transport with a legal and institutional support to build a logistics system corresponding with social and economic environmental changes. In this study, I set out to examine the effects of the intermodal freight transport policies in the EU and the U.S., and to explore the direction of setting up a rail intermodal transport system in South Korea. Research design, data, and methodology - The paper used a qualitative research methodology through the literature review. First, was an overview of Intermodal transportation in the EU, U.S. and UN. Second, it describes the development of transport in Europe and the U.S. with particular emphasis on intermodal freight transport. Third, it explores the direction of setting up a intermodal freight transport in South Korea. The last section contains concluding remarks. Results - As for the EU, it has been promoting integration between transport and intermodal logistics network designs while utilizing ITS or ICT and supports for rail freight intermodal by giving reduction to a facilities fee or subsidizing for rail freight in order to minimize the cost of external due to freight transport. On the other hand, as for the U.S., it has been made up of an industrial-led operating project and has been promoting it to improve accessibility between intermodal hubs and cargo terminals through intermodal corridor program, and an intermodal cargo hub access corridor projects, etc. Moreover, it has tried to construct intermodal transport system using ITS or ICT and to remove Barrier. As a result, in these countries, the proportion of intermodal freight transport is going to be the second significant transport compared with rail and maritime transport. An Effective rail intermodal transport system is needed in South Korea, as seen in the case of these countries. In order to achieve this object, the following points are required to establish radical infrastructure policy; diversify investment financing measures taken under public-private partnerships, legal responsibilities, improvement of utilization of existing facilities to connect the railway terminal and truck terminal, and enhancement service competitiveness through providing cargo tracking and security information that combines the ITS and ICT. Conclusions - This study will be used as a basis for policy and support for intermodal freight transport in South Korea. In the future, it is also necessary to examine from the perspective of the shipper companies using the rail intermodal transport, ie, recognition of shipper, needed institutional supports, and transportation demand forecasting and cost-effective analysis of the railway infrastructure systems improvement.

• Trans-
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• v.2
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• pp.75-94
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• 2017

The film director is the responsible for artistic quality of the film. In Hollywood, the director considered as a technician only visualizes the given scenario. In the 1950s, young critics of the Cahiers du cinéma, who were at the center of Nouvelle Vague, re-qualified some Hollywood directors, for example Alfred Hitchcock, Howard Hawks and John Ford. They are considered "auteurs(authors)" because their films have their own styles. In France, the word "auteur-directoir" is often used in the film production. It refers to the person who writes the original screenplay of a movie. Auteur's legal definition of copyright is set out in Article L.111-1 of the Intellectual Property Code: "the auteur of a work of the mind enjoys the work by reason only of its creation, of an exclusive intangible property right and opposable to all. On the other hand, in the definition of producer, it is the natural or legal person who takes the initiative and responsibility for the realization of the work according to Article L. 132-23 of the same code. We study here the competence and responsibility of the French director as an "auteur" by consulting the two types of contract: director-technician and author-director. We rant to offer a reflection on the position of the film director and the relationship between the director and the producer.

• Journal of Science and Technology Studies
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• v.1 no.2 s.2
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• pp.343-369
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• 2001

Understanding of the social perception of biotechnology would facilitate the public awareness and debate over the social implications of biotechnology, leading to strengthened basis for social consensus. As a part of the ELSI (Ehical, Legal and Social Implications) project in Korea, the authors have launched a series of social surveys on the social perception of biotechnology. This article is based on the analysis of the first survey, conducted in October 2001. The data were collected through telephone survey on 500 adult respondents nationwide selected by a stratified sampling method. The survey addresses the following questions: What is the present state of public awareness and attitude toward a variety of medical and social applications of biotechnology, such as genetic testing, prenatal genetic screening and testing, xenotransplant, genetic screening for employment, central collection and management of genetic information, and GM food? What factors are related with this perception? The analysis shows that a majority of respondents are in favor of the medical applications. Concerning the social applications and GM food, however, the respondents express a high level of negative attitude a with significant portion of 'do not know' responses. The public perception of the biotechnology is not crystallized in coherent manner yet. The public perception is strongly influenced by mass media, which tend to deliver rather positive information on biotechnology. The analysis suggests that the production and dissemination of diverse information should be activated to reach a sound decision on controversial issues surrounding the development of biotechnology both at individual and societal level as well.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• Journal of Korea Technology Innovation Society
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• v.15 no.4
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• pp.881-915
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• 2012

These days, according as the role and function of science and technology become a important solving means of various national and social problems caused in knowledge information society as well as the development of national economy, the national target and mission of science and technology have been newly illuminated. The task of science and technology has embodied into national policies, and these policies acquired institutional foundation through the legal system related to science and technology. Recently, the discussions about the operating system of present science and technology legislation are often happened, if or not the legal system is optimal and appropriate itself under the changed environment. In special, some issues are raised continuously, for example, about the improvement of coordination system on S&T policies, and the governance system on national R&D programs, etc. This paper aims to research and suggest the reorganization method of science and technology law. For this purpose, the development and existing state of S&T legislation was investigated, the government role and policy driving direction were reviewed under the recent changed environment, and the problems of S&T law in structure and content were analyzed in variety of perspectives. On this basis, the reorganization methods of science and technology law are suggested.

• Korean Journal of Remote Sensing
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• v.16 no.3
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• pp.281-291
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• 2000

In this study tree plantation planning for the plantation blocks of Eucalyptus species was constructed in order to apply to the two farms Jangada and Jamaica, where are located in the western district of the state Mato Grosso do Sul in Brazil. At first the satellite photo was analyzed for the land use classification and the forest ecosystem was classified with GIS technique, and then on the basis of this result the planting available area was accounted for the two farms. According to the request of the land owner the planting planning was established for the planting available area for 3 years. The total area for the two farms is 5,301 ha, and the planting available area is estimated to be 3,913ha(74%). The rest area is 1,388ha(26%), and should be classified to the permanent legal reserve forest area. In order to minimize the soil loss and the erosion, the planting blocks were divided according to the parallel to the contour line： for the first planing year the plantation area was divided to the 27 blocks and the total area was 1,308ha, for the second planing year the area also divided to 27 blocks(1,327.4ha) and for the third planning year 30 blocks divided (1276.5).