• Journal of Arbitration Studies
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• v.30 no.2
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• pp.3-21
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• 2020

This study focuses on the binding power of the interim measures of the arbitral tribunal in ICSID arbitration and the effects of non-compliance. Upon consideration of the intentions of those who made these rules, given the interpretation of the provisions of Article 47 of the ICSID Convention and Article 39 of the ICSID Arbitration Rules, it was found reasonable to consider that the interim measures made by the arbitral tribunal in ICSID arbitration were not binding. However, in actual ICSID arbitration, most arbitral tribunals approve the binding power of the interim measures based on the purposes and the characteristics of the interim measures. As such, there is a certain distance between the legislative intention for interim measures in ICSID arbitration and the judicial practice, but considering the demand for maintaining the integrity of the arbitration procedure, it is reasonable to consider that the interim measures are binding. In addition, the fact that the interim measures have binding power can increase the possibility that the party will comply with the interim measures. Thus, the binding power of interim measures not only encourages voluntary compliance to the interim measures of the party, but can also cause negative consequences for the party if it is not met. In other words, the arbitral tribunal will be able to form negative inferences against the party who does not comply with it in a procedural side, and in the practical side, the party who does not comply with the interim measures will be compensated for the additional damages for non-compliance.

• Journal of environmental and Sanitary engineering
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• v.19 no.4 s.54
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• pp.34-47
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• 2004

Although Environmental Impact Assessment(EIA) in Korea has been improved markedly over the past two decades, by enlarging the range of projects for assessment, instituting pub lic participation and environmental monitoring, and similar measures, it remains deficient in its coverage of human health in Environmental Impact Statements(EISs). Health Impact Assessment(HIA) can supply the necessary correctives. HIA is a combination of procedures, methods and tools by which a policy, programme, projects or legislative procedure may be judged for its potential effects on the health of a population, and the distribution of these effects within it. The principle of health protection is, however, established as a primary concern in EIA processes, in practice health is scarcely mentioned or the discussion is limited to a description of effects through the biophysical environment. The whole range of possible effects on health, including those mediated by socio-economic factors is often ignored, and no effective mechanism are in place to successfully incorporating health criteria and expertise into environmental, assessment(EA) that include ElA, SEA. These are foremost among the current issues facing EIA in Korea.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.137-177
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• 2007

The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.107-131
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• 2013

Online-ADR (Alternative Dispute Resolution) has been receiving attention from the international community as a means of alternative dispute resolution for consumer disputes in both small and mass international e-commerce. The EU Parliament and the Council proposed the Online Dispute Resolution Regulation for Consumer Disputes (hereafter, "EU Consumer ODR Regulation") and the Directive on Alternative Dispute Resolution of Consumer Disputes (hereafter, "EU Consumer ADR Directive") as a legislative package, now scheduled to be adopted. Those efforts strengthen consumer protection by enhancing ODR in international e-commerce and improving of the functions of the e-commerce market. The EU Consumer ADR and ODR regulation package will operate in conjunction with the ODR platform as a single point across Europe, abandoning the ADR system of each member. Consumers and traders who need dispute resolution apply on the EU ODR platform linked website, and the applications are distributed to individual ADR institutions in accordance with the Rules and Procedure of ADR institutions in the respective country. Although there has been partial progress in Korea for ODR programs such as the establishment of the Online Administrative Trial and the procedures of individual ADR agencies operating through the website, existing norms do not fully support the system. At this point, we see many implications of the EU Consumer ADR and ODR regulation package on the direction chosen for domestic ADR and ODR policy and legislation. This study introduces the main features and content of the EU Consumer ADR Directive (draft) and ODR Regulation provisions, and describes the direction of domestic policy and legislation regarding Online-ADR.

• Convergence Security Journal
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• v.13 no.4
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• pp.3-10
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• 2013

Cyber attacks are threats to national security. Today, cybersecurity threats have various types, the theft or spread of privacy and national secret, the realization of direct attacks to infrastructure and the hacktivism with political or social objectives. Furthermore, There are special situations in South Korea because of North Korea's threats. Thus, It is necessary to handle cybersecurity as a kind of national security problem. It is a time to identify problems of governance system in cybersecurity and to improve related Acts and subordinate statutes. There are several tasks for legal improvement for governance system in cybersecurity. They are improving legal bases for the roles of the relevant authorities in cybersecurity, consolidating national joint response to cyber accidents, establishing and vitalizing information sharing system, constructing foundation of cybersecurity through industry promotion and manpower development, and acquiring defensive tools by enhancement research an development. In order to address these challenges, it is necessary to pay much attention to enactment and to revision laws and to practice legislative procedure.

• Analyses & Alternatives
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• v.3 no.2
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• pp.59-85
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• 2019

The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

• Informatization Policy
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• v.31 no.1
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• pp.72-82
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• 2024

The presence of traditional media content on online platforms is one of the critical issues nowadays, and Article 17 of the European Media Freedom Act (EMFA) seeks to regulate this. However, it can be seen that the current version of the text is not yet free of flaws: both its harmonisation with the Digital Services Regulation, its use of definitions and the media fast track mechanism it contains would require careful legislative scrutiny before the final text is adopted. The article examines if the self-declaration procedure envisaged by the EMFA would create a loophole for rogue media actors and bring confusion at both the European and horizontal levels or if it would fit the original goal of the EMFA, which is to improve the functioning of the internal European media market and to reinforce the independent media.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.9
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• pp.480-486
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• 2020

The National Registered Cultural Heritage no. 377, 'The Eclectic-style House in Daeheung-dong, Daejeon', was relocated in 2013, even though it was privately owned. The relocation of National Registered Cultural Heritage through an urban redevelopment project is rare because the restriction of the preservation of a cultural asset is relatively tolerated. For the sake of profit in a redevelopment project, a privately owned Registered Cultural Heritage is likely to be demolished with no laws to prevent it. This study researched the history of the heritage and the procedure of the relocation process. Based on the research, the study intends to clarify the relationship between the economic and legislative conditions with the result of the National Registered Cultural Heritage relocation in general. The failure of the successful relocation of the National Registered Cultural Heritage in redevelopment projects is caused mainly by a change of ownership, which is generally from personal to anonymous associations. Based on the condition, this study maintained the Cultural Heritage's redefinition as a public asset and proposed phased amendments in each major procedure of a redevelopment project for the successful preservation and reuse of National Registered Cultural Heritage.

• The Journal of the Convergence on Culture Technology
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• v.5 no.1
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• pp.127-137
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• 2019

In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

• Korean Journal of Oriental Medicine
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• v.18 no.2
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• pp.1-16
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• 2012

Objectives : The 10th Conference of the Parties to the Convention on Biological Diversity (COP 10) was held in Nagoya, Japan in October 2010, during which an international convention on access to genetic resources and conventional knowledge and sharing of benefits thereof was adopted. The Oriental Medicine field uses medicinal herbs based on genetic resources, as well as traditional knowledge about genetic resources. As such, if Korea, China and Japan compete over the ownership of such traditional knowledge, it will almost certainly trigger disputes over the payment of royalties among other problems. Notably, since the traditional medicine industry is closely related with China, it is highly likely this will adversely affect Korea's production of medicines using natural materials, including Korean herbal doctors' prescription, formulation and preparation of medicinal herbs. Methods : This study also analyzed the recent situation in Japan, which is the chair nation of the Nagoya Protocol and a member nation like Korea. It analyzed the Japanese people's awareness of the Nagoya Protocol and its strategies in the two years since its adoption, as well as the Guidelines for Genetic Resources, which were newly revised in 2012. Conclusions : The Nagoya Protocol requires the preparation of legislative and administrative measures and policies in order to pave the way for sharing the benefits deriving from the use of genetic resources and the relevant traditional knowledge with the providers of such resources. Thus, corresponding domestic legal measures need to be taken. Such measures include the refining of the procedure of accessing genetic resources, the designation of liaison offices, a competent agency and a supervisory agency, and the building of a system designed to issue internationally acknowledged certificates. It is also important to operate related professional consulting offices, as is the case in Japan. In addition, in the case of genetic resources, there is a need to seek multinational and bilateral cooperation including free trade agreements. Regarding traditional knowledge about genetic resources, measures need to be prepared to enable the three East Asian countries, namely, Korea, China and Japan, to commonly use ancient literature on Oriental medicine and to claim exclusive rights to such intellectual properties. Notably, with China now moving to expand the scope of traditional knowledge through the WIPO, Korea needs to prepare response measures.