• 한국중재학회지:중재연구
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• 제13권2호
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• pp.425-457
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• 2004

This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.211-234
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• 2004

When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

• Journal of Forest and Environmental Science
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• 제25권3호
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• pp.139-146
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• 2009

Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

• 한국학교보건학회지
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• 제28권1호
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• pp.38-46
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• 2015

Purpose: The object of this study is to identify the reason why school health education act had not been enforced properly, and to find out implications for improving. Methods: The implementation process of school health education act was described and the imperatives of the process were analysed. M. Rein's Policy Implementation Model was used as an analysis framework. The sources of this study was based on the minutes of parliament, government reports, materials for the meetings of policy makers, the press, etc. Results: The school health education act clarified mandatory and systemic health education in it, but it did not clearly mentioned about 'the introduction of compulsory health education subject'. The bureaucrats of National Educational Ministry who are responsible for policy implementation, did not behave in a friendly manner toward the school health education act. What is more, the ways of mandatory and systemic school health education could not be discussed reasonably in the implementation process. Through this study it was found that the rational-bureaucratic imperative played the main role in the implementation process of school health education act due to the limitation of the legal imperative and the consensual imperative. Conclusion: The result of this study suggests the strong need to make up for the defect of the two imperatives, and to reform the rational-bureaucratic imperative.

• 방사성폐기물학회지
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• 제19권3호
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• pp.307-322
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• 2021

This study developed an analytical methodology for the mechanical integrity of spent nuclear fuel (SNF) cladding tubes under external pinch loads during transportation, with reference to the failure mode specified in the relevant guidelines. Special consideration was given to the degraded characteristics of SNF during dry storage, including oxide and hydride contents and orientations. The developed framework reflected a composite cladding model of elastic and plastic analysis approaches and correlation equations related to the mechanical parameters. The established models were employed for modeling the finite elements by coding their physical behaviors. A mechanical integrity evaluation of 14 × 14 PWR SNF was performed using this system. To ensure that the damage criteria met the applicable legal requirements, stress-strain analysis results were separated into elastic and plastic regions with the concept of strain energy, considering both normal and hypothetical accident conditions. Probabilistic procedures using Monte Carlo simulations and reliability evaluations were included. The evaluation results showed no probability of damage under the normal conditions, whereas there were small but considerably low probabilities under accident conditions. These results indicate that the proposed approach is a reliable predictor of SNF mechanical integrity.

• 한국중재학회지:중재연구
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• 제31권2호
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• pp.77-98
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• 2021

International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

• Asia Pacific Journal of Business Review
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• 제4권1호
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• pp.61-77
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• 2019

This article explored the status of E-Government initiative in developing countries by taking the case of Ethiopia. The study had analyzed the practice, challenges and the future prospect of the E-Government initiative in the country. The paper had used both secondary and primary sources of data. In identifying the practice and future prospects of the E-Government imitative, related works in the area were reviewed and appraised. In ascertaining the major challenges, structured and semi-structured interviews were carried out with selected stakeholders from the government office and the private sector. The result of the study had shown that the country had registered a promising progress in E-Government index in the past four years ranking at 157th in the year 2014, which was standing at 172nd in the year 2012. Above all, high- level political commitment and the design of specific actions plans that are linked to the national sustainable development priorities were the key success factors. Nevertheless, there are still enormous challenges that have to be tackled for citizens to drive the benefits arising from the implementation of E-Government initiative. The study had identified limited cross-sectoral connectivity, lack of intra-organizational connectivity, low human resource capacity, language barrier, lack of awareness and absence of appropriate legal and regulatory framework as major challenges. Finally, the study forwarded constructive suggestion that can be adopted in the way forward of the E-Government initiative.

• Journal of Information Science Theory and Practice
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• 제9권3호
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• pp.31-41
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• 2021

The growing number of threats to society through the uncontrolled distribution of information is forcing library communities in many countries to reconsider their views on free access to collections. Based on the content of numerous documents of international importance, it can be concluded that in any democratic country access to information is one of the most important human rights, along with the right to life, liberty, and security of person. However, the state has the right to restrict citizens' access to information within the framework of existing legislation. Constantly, restrictions on access to information are established in order to protect the ethical foundations of the constitutional order, morality, health, rights, and legitimate interests of others, to ensure the country's defense and state security. It goes without saying that each country has the right to independently decide where the boundaries lie between permitted and prohibited information, including printed information, contained in library collections. This article describes three levels of access restriction: foreign, state, and regional. The authors have analyzed the legal and regulatory documents that govern libraries, as well as the reasons and methods of limitation. A comparative analysis of the restriction of access to information in the countries of Europe and Asia is presented.

• International Journal of Naval Architecture and Ocean Engineering
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• 제12권1호
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• pp.881-891
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• 2020

In recent years robotics has become an important resource in engineering. Adoption of Robotics and Autonomous Systems (RAS) in activities related to ship inspections has obvious potential advantages, but also arises particular challenges, both from technical and legal viewpoints. The ROBINS project (ROBotics technology for INspection of Ships) is a collaborative project co-funded within the H2020 EU Research and Innovation programme call, aimed at filling the gap between current ship inspections approach and available robotic technology, both from technological and regulatory point of view. Main goal of the present work is to highlight how ship inspections are currently carried out by humans, how they could be improved using RAS, even if not completely autonomous for the time being, at least in selected operational scenarios and how the performances of RAS platforms can be tested to assess their effectiveness in carrying out surveys onboard. In such a framework, a testing facility aimed at assessing RAS' capabilities as well as providing suitable environment for their development has been built and it is still under development along with dedicated testing protocols, able to assess the equivalence between human and RAS inspection of ship and marine structures. The features of a testing facility where RAS can be tested and the testing protocols are presented, showing how technological and regulatory gaps are filled.

• 산경연구논집
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• 제12권6호
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• pp.47-55
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• 2021

Purpose: Organizational crime is an offense committed by an individual or an official in a corporate entity for organizational gain. This study aims to explore the literature on challenges facing digital forensics and further discuss possible solutions to such challenges as far as the protection of corporate crime is concerned. Research design, data and methodology: Qualitative textual methodology matches the interpretative approach since it is a quality method meant to consider the inductivity of strategies. Also, a qualitative approach is vital because it is distinct from the techniques used in optimistic paradigms linked to science laws. Results: For achieving justice through the investigation of digital forensic, there is a need to eradicate corporate crimes. This study suggests several solutions to reduce corporate crime such as 'Solving a problem to Anti-forensic Techniques', 'Cloud computing technique', and 'Legal Framework' etc. Conclusion: As corporate crime increases in rate, the data collected by digital forensics increases. The challenge of analyzing chunks of data requires digital forensic experts, who need tools to analyze them. Research findings shows that a change of the operating system and digital evidence interpretation is becoming a challenge as the new computer application software is not compatible with older software's structure.