• Journal of Arbitration Studies
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• v.33 no.2
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• pp.85-108
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• 2023

In international commercial arbitrations that arise from an international commercial contract, arbitral tribunals ruling on the merits of the arbitration apply the law governing the contract. The parties to contract are free to designate the law under the principle of parties autonomy. This paper examines this principle under the Korean Arbitration Act, and makes some legislative suggestions. For this purpose, this paper first discusses what is the scope of matters covered by the law governing the contract, what are the rules of conflict-of-laws for determining the law governing the contract, and what happens when the arbitral tribunal incorrectly applies the law governing the contract? Then, this paper further goes to examine issues such as the form of choice-of-law agreement, the explicit or implicit choice of law, the parties' ability to choose the rules of law including lex mercatoria, the change of choice-of-law agreement, the independence of choice-of-law clause.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• Korean Journal of Legislative Studies
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• v.24 no.3
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• pp.5-28
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• 2018

The recent changes in Korean elections are mainly characterized as the downfall of the Conservative party. It is surprising, considering that the conservative party gained the historical support from the electorate in 2012, just several years ago. This paper claims that the downfall of the Conservative party is mostly derived from the perceptual conflicts and inconsistencies in the mind of the conservatives. The findings show clearly both attitude conflicts for the conservatives and its effect of asymmetrical (in)activation of participation. As their preferences to the conservative candidate and party became weaken, the conservatives remained to be inactive participants in elections. On the other hand, the liberals could make political decisions easily, having popular candidate and preferable political party. It suggests that, in order to participate, the electorate needs attractive candidate as well as parties to support in election. To revive as an active political actor, the conservative party should focus on the search of attractive candidates for the conservative electorate and reform the party in accordance with ideological preference of the electorate.

• Korean Journal of Legislative Studies
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• v.15 no.1
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• pp.237-260
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• 2009

This article deals with the problem, of wether the change of party discourse influences the change of the political finance system and the change of political finance system again effects the political discourse. The political finance and state funding system for parties in Germany is a product of political debate and conflict from the 1960's to th 1990's. The introduction of the state funding system faced critical public opinion at the beginning, and the German parties have initiated a discourse building process as the initiator role and major actor. The state funding system for parties has changed three times and shows, how the constitutional interpretation became dominant in parliament and the constitutional court, which considers a party as a fundamental and essential institution in a democratic system.

• Korean Journal of Legislative Studies
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• v.27 no.1
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• pp.79-115
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• 2021

Voters' negative evaluations of government performance lower their trust in government, which functions as the reward and punishment for the government. Trust in government thus serves to promote political accountability of the representative government. However, voters build their confidence toward the party government where the ruling party is responsible for the performance. Considering this partisan nature, we empirically examine that the influence of voters' performance evaluations on governmental trust is conditional on their party identifications. While higher perceptions of political/social conflict and increasing negative evaluations of government policies and economic performance are associated with the lower level of confidence in government, the relationship is contrasted between different party identifiers. For supporters of the ruling party in 2020, the negative evaluations of government performance are not likely to reduce trust in government a lot. On the contrary, those who identify with the main opposition party show the most prominent effect of negative evaluations on their distrust in government. This study demonstrates that trust in government is affected by voters' partisan preferences, not entirely by evaluations of government performance. Such a distortion of the reward and sanction function of governmental trust might lead to the weakening of the accountability mechanism in representative democracy.

• Korean Journal of Legislative Studies
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• v.22 no.2
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• pp.5-52
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• 2016

Several criticisms notwithstanding, the major political parties in South Korea seem to have developed relatively coherent 'collective identities' with regard to the unification question between South and North Korea. A comparative analysis in this paper reveals a certain pattern of convergence and divergence in unification policies among major parties. First, diachronically, the two major political parties in the history of South Korea, which I call for simplicity "conservative parties" and "democratic parties" respectively, have converged into allelosubjective attitudes towards North Korea since President Park Chung-hee's proclamation of peaceful unification plan in 1970. The governments of conservative parties since then promoted allelosubjective relations between South and North Korea, which the governments of democratic parties succeeded and developed into a partial integration policy. Though the succeeding governments of conservative parties of Lee Myung-bak and Park Geun-hye seem to have stepped back from the allelosubjective attitudes, seemingly they have not yet withdrawn to the monosubjective stance before 1970. Next, synchronically, an analysis of the platforms of major parties and their campaign promises in the 20th general election in 2016 reveals converging and diverging points in their unification policies. All the major parties show relatively allelosubjective attitudes towards North Korea, with significant differences. "Saenuri Party," the current conservative party, maintains quite bit of monosubjective attitudes towards North Korea and requires unilateral changes of North Korea in the process of unification. "Justice Party," the minor progressive party, is the most allelosubjective in that it presupposes the co-existence and mutual survival of the two Koreas in unification. In between lie "The Minjoo Party of Korea" and "The People's Party", the two parties separated in the democratic party bloc.

• Korean Journal of Legislative Studies
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• v.25 no.2
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• pp.5-33
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• 2019

This study aims to explore the implications of the 2019 European Parliament elections. Existing studies show that European elections serve as secondary elections dominated by domestic issues. However, the 2019 European elections have highlighted pan-European issues such as the Brexit negotiations and the rise of far-right populism, with voter turnout also rising sharply to 50.62%, which is the highest record since the 2000s. There was also a significant change in the number of parliamentary seats held by each political group. First, the European People's Party(EPP) and the Progressive Alliance of Socialists and Democrats(S&D), which had hitherto led the European Parliament, failed to achieve a majority. Second, the number of seats won by Renew Europe, a new liberal-centrist group, was considerably high. Third, the far-right groups organized a full-fledged political force by rallying around the Identity and Democracy(ID) group. The rise of liberal-centrism can be explained as a reaction to the popularity of anti-European populism. Renew Europe's emphasis on open-market competition has created a different issue, especially since the center-left and center-right groups have stressed on the need for state intervention in employment, welfare, security and immigration control. Along with far-right populism, liberal centrism has also reshuffled Europe's political cleavage, and the conflict between 'liberalism' and 'protectionism' has become more evident in the European Parliament.

• Journal of the Korean association of regional geographers
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• v.7 no.4
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• pp.105-119
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• 2001

Currently serious conflicts arose for the use of coastal area in Korea. However, there is no mediation program or mediators' activities for conflict resolution which are shown in the developed countries. Even though, the MOMAF(Ministry of Maritime Affairs and Fisheries) was established in 1997 and the Division of Coastal Zone Management under the Ministry took over the authority to establish ICM program and formulated the CZMA(Coastal Zone Management Act) in 1998 after understanding the seriousness of coastal degradation due to the importance of coastal zone management and the understanding of dispute resolution, it still lacks consistency among legislative power on the continuous policy for wise coastal use and management which results coastal conflicts. The objective of this study is to lay the evaluation criteria for the formalized objective evaluation among disputants of coastal conflicts for the better understanding and characterizing of coastal conflicts in Korea. In order to do so, this study has adopted the PCA(Principal Component Analysis) for the subtraction of the components of evaluation mechanism to describe the present conditions of conflicts in the selected study area(Sihwa lake), to analyze the problems, and then to explore alternative approaches for resolving the conflicts. As research methodologies, we have depended upon literature review and field survey methods. As field survey methods, we employed structured questionnaires for the various samples from the experts of research institutes, professors, representatives of NGOs and citizens. Survey results suggested that 5 representative elements comprising 35 detailed elements could be identified. Based on these results, this study was able to identify and classify the evaluation mechanism and help to resolve coastal conflicts in Korea.

• Journal of Auto-vehicle Safety Association
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• v.14 no.4
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• pp.106-112
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• 2022

The purpose of this study is to explore ways of improving the motor vehicles safety certification system in preparation for the deployment of Lv.4 or higher autonomous vehicles. In order to effectively achieve the objectives of this study, theoretical and empirical research methodologies were employed, including literature review of prior research, government-published data, etc.; comparative research on legislative cases of other countries regarding motor vehicles safety certification; historical and legal research on domestic systems; legal analysis to explore approaches for improvement, etc. Some argue that the type approval system is needed in preparation for deploying autonomous vehicles, but there are several limitations in moving to the type approval system from the self-certification system currently adopted in Korea. First, there is a possibility that the system may be in conflict with the Korea-U.S. MOU regarding Foreign Motor Vehicles (1988) and the Korea-U.S. FTA (2011); second, there is a risk of undermining the cause of the self-certification system, which is the autonomy of manufacturers; third, the boundary between autonomous vehicles and non-autonomous vehicles is unclear; and fourth, the type approval system may hinder technological competitiveness. On the other hand, considering that the Korea-U.S. FTA and the UNECE IWVTA recognize exceptions to deal with road safety and risks to human health or the environment, and have a pre-certification system for some auto parts such as pressure-resistant containers, it can be said that there is room to introduce the type approval system for supplementation purposes. To improve the motor vehicles safety certification system while ensuring the safety of autonomous vehicles of Lv.4 or higher, the targets of type approval should be defined and the criteria, procedures, etc. for type approval should be established. At the same time, the consistency between motor vehicle-related laws and harmonization with international standards need to be considered.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.