• Journal of Arbitration Studies
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• v.29 no.2
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• pp.161-199
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• 2019

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

• Health Policy and Management
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• v.31 no.3
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• pp.280-291
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• 2021

Background: Based on the fact that the Korea Medical Dispute Mediation and Arbitration Agency is a public institution established by social demands for medical disputes, this study reviews the publicness of public organization and discusses its policy implications. Methods: Through Moore's strategic triangle, which consists of legitimacy and support, public value and operational capacity, the process of creating public value is examined. For the analysis, case studies were conducted using related literature data from 2012, when the agency was established, to the present. Results: As a result of the analysis, first, the related law examined in the operational capability has been revised dozens of times, but the revised law has its own contradictions and limitations. The human resource system is also being improved, but there is a problem with the fairness and reliability of the arbitration process, especially due to the limitations of the appraiser system. Second, in terms of legitimacy and support, a regional gap occurred despite efforts to improve accessibility through the expansion of the organization. And the arbitration agency failed to reconcile conflicts caused by stakeholders' perception of each other as a trade-off relationship. Third, the public value result shows that, despite many explicit (statistical) achievements, citizens' use of the past dispute resolution means (litigation) has not decreased. Likewise, the perception of value makers (citizens) is important for creating public value as an invisible result, but it has not yet been formally investigated, so the performance can not be recognized. Conclusion: While the organization's efforts for continuous change and improvement are encouraging, it is not perceived as a better means of resolving disputes and improving quality of services. Therefore, it is necessary to reconsider the institutional design centered on value creators.

• Journal of Convergence for Information Technology
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• v.11 no.1
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• pp.102-108
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• 2021

In this research, we would like to understand the measures to be taken in the event of a patent dispute by Chinese companies that are growing rapidly and competing with Korean companies in the global market, at a time when the fusion and compounding technology are accelerating. For this reason, the patent dispute countermeasures shown in the previous research were derived through deep interviews with experts, and a questionnaire survey was conducted with patent practitioners of Chinese companies. As a result of the analysis, the importance of cross licensing, patent invalidation proceedings, proceedings through collaboration with other companies, royalty payments, and patent invalidation proceedings in the case of a patent dispute in the Chinese industry is high. Shown. The results of this study provide practical guidelines to help corporate patent practitioners understand the best course of action in the event of a patent dispute, respond in a timely manner, and save time and money. It seems that it can be done.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.3
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• pp.155-163
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• 2011

Rumor or abusive web postings in internet has become a social issue. Web postings may be proposed on evidence in form of a screenshot in libel suit, but a screenshot can be easily modified by computer programs. A person can make ill use of the screenshot which is modified deliberately original contents to opposite meaning in a lawsuit. That makes an innocent person to be punished because it can have difficulties to verify despite analyzing the server data. A screenshot of web postings is likely to fail to prove its authenticity and it is not able to reflect the fact. If notarization for web postings is offered, clear and convincing evidence can be submitted in a court. So, related techniques and policies should be established In this paper, we propose some technical and legal conditions and design for notarization and archive system of web postings for litigation.

• Journal of the Korean Society for information Management
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• v.38 no.2
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• pp.201-226
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• 2021

Discovery's collection was originally paper documents, but with the advent of the digital age, its collection expanded. Resolving the issue of ESI has now become important in litigation. Therefore, this study analyzes the requirements of each domain for electronic records to be recognized as evidence. It also explained the factors that should be considered in record management. In addition, eDiscovery in the United States was selected as an advanced case to utilize records as evidence. This study investigated the Commentary on Legal Holdings: The Trigger & The Process and analyzed which functions must be considered in order for electronic records to be preserved as evidence. To this end, we analyze the functional requirements of the eDiscovery solution. Through this, necessary functional requirements are derived to help implement the system in preparation for eDiscovery.

• The Journal of Churna Manual Medicine for Spine and Nerves
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• v.16 no.2
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• pp.97-105
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• 2021

Objectives This study is aimed to evaluate cost-effectiveness of treatment of Korean Medicine for whiplash associated disorders (WAD) and to suggest the direction of future research. Methods We searched papers in Pubmed database to use some keywords indicating whiplash injury syndrome, treatment of Korean Medicine and cost-effectiveness. After searching, appropriate papers were selected depending on the exclusion criteria. The selected papers were analyzed in the sections of author, publication year, intervention and control groups, outcome measurement, the list including in the cost, cost-effectiveness, cost-utility and study design. Results Four studies about effect of Korean medicine and 3 studies about economic evaluation were finally included. Acupuncture was effective for balance disorder and neck pain. Economic evaluation studies used analytical decision model or cost-consequence analysis. Cost-effectiveness analysis using visual analog scale and cost-utility analysis using quality adjusted life years were performed. Initiating timing of proper management affected the consequence of treatments. Direct and indirect medical costs including supportive devices, and non-medical costs such as litigation were considered. Conclusions We conclude that studies haven't been conducted so far to evaluate the cost-effectiveness of Korean Medicine in whiplash injury syndrome. Thus, future studies are needed in this section.

• Journal of Korea Trade
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• v.24 no.8
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• pp.171-188
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• 2020

Purpose - This is an exploratory study that aims to apply text mining techniques, which computationally extracts words from the large-scale text data, to legal documents to quantify trade claim contents and enables statistical analysis. Design/methodology - This is designed to verify the validity of the application of text mining techniques as a quantitative methodology for trade claim studies, that have relied mainly on a qualitative approach. The subjects are 81 cases of arbitration and court judgments from China published on the website of the UNCITRAL where the CISG was applied. Validation is performed by comparing the manually analyzed result with the automatically analyzed result. The manual analysis result is the cluster analysis wherein the researcher reads and codes the case. The automatic analysis result is an analysis applying text mining techniques to the result of the cluster analysis. Topic modeling and semantic network analysis are applied for the statistical approach. Findings - Results show that the results of cluster analysis and text mining results are consistent with each other and the internal validity is confirmed. And the degree centrality of words that play a key role in the topic is high as the between centrality of words that are useful for grasping the topic and the eigenvector centrality of the important words in the topic is high. This indicates that text mining techniques can be applied to research on content analysis of trade claims for statistical analysis. Originality/value - Firstly, the validity of the text mining technique in the study of trade claim cases is confirmed. Prior studies on trade claims have relied on traditional approach. Secondly, this study has an originality in that it is an attempt to quantitatively study the trade claim cases, whereas prior trade claim cases were mainly studied via qualitative methods. Lastly, this study shows that the use of the text mining can lower the barrier for acquiring information from a large amount of digitalized text.

• International Journal of Computer Science & Network Security
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• v.22 no.9
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• pp.43-50
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• 2022

For high-quality education of the modern generation of students, forms of organizing the educational process and the latest methods of obtaining knowledge that differ from traditional ones are necessary. The importance of multimedia teaching tools is shown, which are promising and highly effective tools that allow the teacher not only to present an array of information in a larger volume than traditional sources of information, but also to include text, graphs, diagrams, sound, animation, video, etc. in a visually integrated form. Approaches to the classification of multimedia learning tools are revealed. Special features, advantages of multimedia, expediency of use and their disadvantages are highlighted. A comprehensive analysis of the capabilities of multimedia teaching tools gave grounds for identifying the didactic functions that they perform. Several areas of multimedia application are described. Multimedia technologies make it possible to implement several basic methods of pedagogical activity, which are traditionally divided into active and passive principles of student interaction with the computer, which are revealed in the article. Important conditions for the implementation of multimedia technologies in the educational process are indicated. The feasibility of using multimedia in education is illustrated by examples. Of particular importance in education are game forms of learning, in the implementation of which educational elements based on media material play an important role. The influence of the game on the development of attention by means of works of media culture, which are very diverse in form and character, is shown. The importance of the role of multimedia in student education is indicated. In the educational process of multimedia students, a number of educational functions are implemented, which are presented in the article. Recommendations for using multimedia are given.

• Korean Journal of Construction Engineering and Management
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• v.23 no.5
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• pp.23-33
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• 2022

Cracks, which account for the largest proportion of defect lawsuits in apartment buildings, are not clear on the criteria for defect determination, so judgments about defects are mixed. Interlayer cracks, which account for most of the crack defect judgment amount, tend to be judged as defects regardless of the crack width or condition, and repair methods are mostly set uniformly. This starts from the problem that the standards of the Ministry of Land, Infrastructure and Transport and the Construction Appraisal Practice, which the courts use as standards, do not match. It is necessary to establish a defect determination standard that can be applied to all stakeholders through the amendment of laws and the revision of the Court Appraisal Practice. In addition, it is necessary to apply the crack repair method according to the width and condition of the interlayer crack. If the defect determination and the application of the repair method for cracks are rationalized, it could serve as an opportunity to change the current trend of defect disputes that rely only on litigation.

• Journal of Information Technology Services
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• v.21 no.3
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• pp.27-42
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• 2022

Open Data is an essential resource for the data industry. 'Act On Promotion Of The Provision And Use Of Public Data', enacted on July 30, 2013, mandates public institutions to manage the quality of Open Data and provide it to the public. Via such a legislation, the legal basis for the public to Open Data is prepared. Furthermore, public institutions are prohibited from developing and providing open data services that are duplicated or similar to those of the private sector, and private start-ups using open data are supported. However, as the demand for Open Data gradually increases, the cases of refusal to provide or interruption of Open Data held by public institutions are also increasing. Accordingly, the 'Open Data Mediation Committee' is established and operated so that the right to use data can be rescued through a simple dispute mediation procedure rather than complicated administrative litigation. The main issues dealt with in dispute settlement so far are usually the rights of third parties, such as open data including personal information, private information such as trade secrets, and copyrights. Plus, non-open data cannot be provided without the consent of the information subject. Rather than processing non-open data into open data through de-identification processing, positive results can be expected if consent is provided through active rights processing of the personal information subject. Not only can the Public Mydata Service be used by the information subject, but Open Data applicants will also be able to secure higher quality Open Data, which will have a positive impact on fostering the private data industry. This study derives a plan to establish a rights processing platform to enhance the usability of Open Data, including private information such as personal information, trade secrets, and copyright, which have become an issue when providing Open Data since 2014. With that, the proposals in this study are expected to serve as a stepping stone to revitalize private start-ups through the use of wide Open Data and improve public convenience through Public MyData services of information subjects.