• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.3
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• pp.277-283
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• 2017

In recent years, earthquakes and volcanic activity have been occurring actively in Japan, China, and Southeast Asia in the central Pacific Rim, and the cycle interval is shortening. In addition, there is Baekdu mountain, which is a large active volcano in Korea. On the other hand, the legal system and guidelines related to volcanic ash are very limited to counteract volcanic disasters. The volcano manual does not present specific countermeasures against volcanic disasters. The preparation of systematic disaster prevention measures against an eruption of Mt. Baekdu and the volcanic activity in Japan and China, which are occurring continuously, is necessary. Therefore, this study suggests an improvement to the relevant laws and regulations against volcanic disasters to analyze the aviation safety manual and relevant legal system. The problems with the current legal system are improved by modifying the legal system related to the air traffic sector when volcanic disaster occurs, and it is expected that more efficient manuals and guidelines will form the basis for the smooth operation of the manual at a disaster site.

• Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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• 2005.04a
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• pp.3-5
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• 2005

The objective of this research was to develop a framework of the Soil Environment Information Management System (SEIMS). In this study, we found that the SEIMS needs to be consisted of three sub-systems (i.e., information input system, DB system, and opening to the public system), which is operated on the Web-GIS basis. Also, we suggested structure and detailed items for each sub-system which are acceptable under the basis of current legal and institutional system. Furthermore, we made several suggestions for future-oriented system. Further researches need to be pursued for developing efficiently the SEIMS, such as 1) DB standards for the SEIMS, 2) guidelines for each cleanup phase, 3) improvement of the SEIMS for groundwater quality, and 4) integrated SEIMS for both soil and groundwater system.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.133-170
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• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.3-24
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• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.37-57
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• 2017

On 9 March 2017, a Tribunal constituted under the ICSID Convention issued its ruling in the case of Ansung Housing v. People's Republic of China, dismissing with prejudice all claims made by the Claimant, Ansung Housing Co., Ltd., in its Request for Arbitration, pursuant to ICSID Arbitration Rule 41(5). Ansung Housing v. PRC has drawn attention since it is the first case where an investor with Korean nationality initiated an ICSID arbitration on the basis of the Korea-China Bilateral Investment Treaty (BIT) as amended in 2007 between the Republic of Korea and the People's Republic of China. The Tribunal finds that its ruling is about a lack of jurisdiction of the ICSID and of its own competence as well as regarding manifest lack of legal merit due to a lack of temporal jurisdiction, since a Respondent's Rule 41(5) objection is concerned with the three-year limitation period in Article 9(7) of the Korea-China BIT. The Tribunal held that, under Article 9(7) of the Korea-China BIT, the limitation period begins with an investor's first knowledge of the fact that it has incurred loss or damage, not with the date on which it gains knowledge of the quantum of that loss or damage. Finally, the Tribunal held that Ansung submitted its dispute to ICSID and made its claim for purposes of Article 9(3) and (7) of the BIT after more than three years had elapsed from the date on which Ansung first acquired knowledge of loss or damage and that the claim is time-barred and, as such, is manifestly without legal merit. It remains to be seen whether the aggrieved Claimant initiates annulment proceedings before an ad hoc committee under the ICSID Convention. It is quite interesting to see whether the decisions by the Tribunal should be reversed on the basis of the Claimant's arguments as to the start date as well as the end date of the limitation period under the Korea-China BIT.

• Korean Security Journal
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• no.41
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• pp.213-240
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• 2014

How will South Korea design well-organized, open, and integrated counterterrorism system? Does this system work well in the emergent situation? These are very significant issues. It is likely that this system would give the solution. A legal basis needs to be established to have a well-organized, open, and integrated counterterrorism system. The core part of a well-organized, open, and integrated counterterrorism system is to minimize and eliminate damage caused by terror through preventiveness, preparation, action, and restoration. For having this system, they need to be divided into two section: an open one and an integration one. In this study, there will be a discussion on a new and appropriate counterterrorism system fit in South Korea a subordinate system: legal, organized, civil aspects need to be provided on the basis of an well-organized, open, and integrated counterterrorism system and an analysis on the current system of the States, England and the following implications.

• Ocean and Polar Research
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• v.37 no.3
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• pp.211-223
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• 2015

Korean society has been recently promoting the restoration of coastal wetlands. These efforts might become the basis of a policy framework that compensates for the limitations of a regulation-oriented policy such as the designation of Marine Protected Areas (MPAs). The shift in government policy could contribute to strengthening the socioeconomic infrastructure of coastal development through the accumulation of ecological capital. Although our scientific efforts and social demands in regard to the ecological restoration of the coastal wetlands have increased during the past years, the bases for restoration in Korea requires that scientific, technological, financial, social and legal aspects be enhanced. The present study re-examined the concept and attitudes behind coastal wetland restoration in the light of changing circumstances in Korea. Herein, we first defined coastal wetland restoration as "An act of recovering the functions of the ecosystem of coastal wetlands to a state that resembles conditions prior to being damaged." Next, this study discussed the limitations and future directions of such restoration efforts based on the descriptive analyses of recent restoration practices from social, economic, and technological aspects. Finally, we suggest future policy directions regarding coastal wetland restoration on the basis of a PFST (Policy, Financial, Social, and Technological) analysis; 1) re-arranging legal mechanisms, 2) setting multi-dimensional restoration goals, 3) establishing a multi-discipline- and convergence based R&D system, 4) linking spatial management and local development to the restoration, 5) building restoration governance at the local level, 6) implementing an ecosystem service payment system, and 7) applying test-bed projects in accordance with proper directions.

• Journal of Cadastre & Land InformatiX
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• v.47 no.2
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• pp.61-78
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• 2017

When a boundary dispute occurs between landowners of adjoining lands, a court deals with a boundary violation on the basis of cadastral register. Boundary relocation surveying is one which reconstructs a boundary in cadastral register on actual land. Boundary relocation surveying includes most of surveyings related with the civil case such as restoration of land and demolition of building and a surveying result affects a ruling critically. However, boundary relocation surveying depends on surveying technician's knowledge and experiences and can lead to different surveying results. This study reviews legal principles of boundary relocation surveying by analyzing law practice of boundary relocation surveying which is used for solving a boundary dispute between landowners of adjoining lands and by examining related laws and Supreme Court precedents. The study seeks to contribute to consistent and reliable results of surveying by leading surveying technician to carry out a boundary relocation surveying on the basis of judicial doctrines.

• Convergence Security Journal
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• v.20 no.3
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• pp.99-108
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• 2020

The COVID-19 pandemic have been spreading continuously across the world, hence it is difficult to expect coming to an end in a short period of time. The use of digital technology has shown tangible results in suppressing COVID-19, but raised privacy and data-protection concerns. In the context of the global efforts to deal with the coronavirus pandemic, various digital technologies are taking on a role in surveillance, monitoring, and forecasting. Also the Korea government manages Corona crisis based on legal basis. In this paper, Korea and each country's response to the Corona 19 pandemic are shown, and suggests ways to protect personal information while using digital tools. Large-scale data collection and processing is essential for the suppression of pandemic, but it should be limited to the level and scope required privacy. Also international cooperation, temporary and transparent use of personal information, the corresponding legal basis are necessary. As the use of data and algorithms is expected to continue to increase, technical and institutional efforts to reinforce privacy protection must continue.

• Convergence Security Journal
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• v.17 no.2
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• pp.53-68
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• 2017

Today, information sharing is recognized as a means to effectively prevent cyber attacks, which are becoming more intelligent and advanced, so that many countries such as U.S., EU, UK, Japan, etc. are establishing cyber threat information sharing system at national level. In particular, the United States has enacted the "Cyber Threat Information Sharing Act (CISA)" in December 2015, and has been promoting the establishment of a legal and institutional basis for sharing threat information and the implementation of the system. Korea is sharing cyber threat information in public and private sectors mainly through the National Cyber Security Center(NCSC) and the Korea Internet & Security Agency(KISA). In addition, Korean government is attempting to strengthen and make legal basis for unified cyber threat information sharing system through establishing policies. However, there are also concerns about issues such as leakage of sensitive information of companies or individuals including personal identifiable information that may produced during the cyber threat information sharing process, reliability and efficiency issues of the main agents who gather and manage information. In this paper, we try to derive improvement plans and implications by comparing and analyzing cyber threat information sharing status between U.S. and Korea.