• Korean Journal of Legislative Studies
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• v.23 no.1
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• pp.37-79
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• 2017

The major purpose of this paper is to analyze the evolution of the presidential system in South Korea during the past three decades ever since the country's democratization in 1987 from the comparative institutional perspective. As imperial presidentialism during the so-called three Kim's era(1987-2003) disappeared right after the political retirement of the three Kims in 2003, then president-centered presidentialism emerged during the post-three Kim's era, since the country's recent three presidents possessed their relatively low-level of partisan power in terms of their control of National Assemblies and their respective presidents' parties during their presidencies. South Korea has now a strong possibility to transform the current president-centered presidentialism into the American-style separatist presidential system in the near future, since the country's National Assembly has continuously been making its efforts to function as an effective governing body being compatible with the American Congress. In addition, the country's judiciary branch has effectively been playing a political role like the US supreme court ever since the country's democratization in 1987. It is also emphasized that South Korea's civic society is currently playing as a guardian of democracy through its effective and responsive political participations in many public sectors for promoting civic liberties, public welfare, and other democratic values. South Korea now needs to carry out constitutional revisions, political reforms of legislative system, party system, and electoral system as well as correct some contradictory political understandings and habits in a way to transform the current president-centered presidentialism into American-style separatist presidential system in the near future.

• Informatization Policy
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• v.28 no.3
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• pp.73-94
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• 2021

This study aimed to analyze the minutes of the Legislation and Judiciary Committee, one of the standing committees of the Korean National Assembly, by applying the WORDFISH algorithm of automated text analysis to estimate the pattern of changes in the ideological orientation of the members of Korea's political elite. The results of the analysis showed that the Legislation and Judiciary Committee generally undergoes changes in ideological orientation around the time of a major administrative change, especially during the period preceding a change up to the time of its implementation. Compared with the United States, where changes in the ideological orientation of the political elite occur simultaneously based on parties, changes in that of the political elite at the Korean National Assembly tend to occur in response to a certain transitional point in time or a change in the ruling government. What is especially noteworthy in terms of the ideological orientation reflected in the minutes of the Legislative Judiciary Committee is that the microscopic effect tends to disappear when the macroscopic effect occurs and, conversely, that the microscopic effect emerges once the macroscopic effect has disappeared. In other words, changes in the ideological orientation of the political elite appear to indicate the effect of a particular legislator's individual characteristics when no effect is observed during a given term or year of the National Assembly, whereas they revealed the effect of a given time itself when no effects related with the individual characteristics of a legislator are discerned.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.193-209
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• 2012

China's airline industry is experiencing a booming development as one hand, on the other hand the incidents involving unruly behaviour on board aircraft also becomes a growing concern for the whole industry. The thesis examines the basic issues concerning the unruly behaviour, such as definition of unruly behaviour, the impact and root causes of unruly behaviour. Then it focuses on the China's legal sources governing the problem of unruly behaviour. Generally speaking, China's legislation with this respect is systematic and self-contained, except some minor shortcomings which need to be revised. Finally the thesis holds the view that the preventative measures jointly contributed by all the parties concerned are something more important than the legislation itself.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.245-271
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• 2015

The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

• Journal of Environmental Science International
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• v.15 no.2
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• pp.107-119
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• 2006

This research reviews the current state of the environmental problems in Northeastern Asia and emphasizes the necessity of building a sustainable regime of multilateral environmental cooperation. The Process and problems of multilateral environmental cooperation system are briefly discussed. This research stresses the importance of contractual environment that enhances the level of enforcement of international environmental agreement. Within the contractual environment, international regimes can support the parties of conference to build up administrative capacity and scientific technology to cope with transborder pollution problems. Some policy proposals such as cooperation among central governments and local governments, and the participation of NGOs are suggested.

• Journal of Contemporary Eastern Asia
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• v.13 no.2
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• pp.57-68
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• 2014

How do party organizations respond to newly evolving social groups? Research on Indian party organizations reveals that in multiethnic societies with uneven modernization between social groups, internally competitive parties respond better to newly evolving groups. Moreover, it is claimed: the same dynamic works vis-$\grave{a}$-vis homogenous societies with cleavages based on economic differences; and, the pattern holds regardless of differences in electoral institutions. This study examines these claims by testing whether factional competition correlated with recruitment into Japan's Liberal Democratic Party in 1972 and 1983. Japan had a single-nontransferable-vote system with multi-member districts, while the research on India assumes a first-past-the-post system with single-member districts. This study conducts a difference of means test on the population of new and old politicians in the LDP in 1972 and 1983 with a pooled variance adjustment to account for differences in populations' size. The findings show that intra-party competition and recruitment are not correlated in Japan, thus tentatively rejecting both claims.

• International Commerce and Information Review
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• v.18 no.4
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• pp.195-217
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• 2016

The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.

• Korean Journal of Legislative Studies
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• v.26 no.3
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• pp.5-35
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• 2020

This article purposes to investigate opening process of the 21st National Assembly in the middle of severe conflicts between two major-parties, and predict the changes it will bring to the operation of the National Assembly. With incumbent party's taking all leadership positions of standing committees, it broke the practice since 13th National Assembly, that is, distribution of the standing committees based on the seat-ratio. It means that our National Assembly has entered a new phase in the decision-making process. While the incumbent party, with overwhelming victory in general election, emphasizes that it should dominate legislative process to support the government, the out-party claims that they should take leverage to check over government. Two opposing trends are characteristically observed in the operation of the Korean National Assembly. First of all, due to the experience under authoritarian regimes, the National Assembly has been institutionalizing decision-making processes in the direction of enforcing cooperation between parties. On the other hand, the polarization in political parties has been stronger, making it difficult to reach consensus between parties. This article claims strongly that the 21st National Assembly need to find a balance amid such two-conflicting trends. To do so, three necessary conditions are proposed: observing decision-making procedures, securing diversity within party and National Assembly, and deliberative legislative activities.

• Strategy21
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• s.34
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• pp.93-127
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• 2014

During the four years following the sinking of the Cheonan frigate in 2010, the South Korean public opinion has seen changes in four basic ways. First, public polls with respect to the cause of the sinking show that 70% of the people consider North Korea as the culprit, while 20% maintain that it was not an act carried out by North Korea. Second, the opinions relative to the cause of the incident seem to vary according to age difference, generational difference, and educational difference. From 2011, people in their 20s showed 10% increase in regarding North Korea as the responsible party. People in their 30s and 40s still have a tendency not to believe the result of the investigation carried out by the combined military and civilian group. Third, the most prominent issue that arose aftermath of the Cheonan incident is the fact that political inclination and policy preference are influencing the scientific determination of the cause. In other words, scientific and logical approach is lacking in the process of determining the factual basis for the cause. This process is compromised by the inability of the parties concerned in sorting out what is objective and what is personal opinion. This confused state of affairs makes it difficult to carry on a healthy, productive debate. Fourth, rumors, propaganda, and disinformation generated by pro-North Korea Labor Party groups in the internet and SNS are causing considerable impact in forming the public opinion. Proposed Strategy 1. The administration can ascertain public trust by accurately determining the nature of the provocation based on accurate information in the early stages of the incident. 2. Education in scientific, logical, rational methodologyis needed at home, school, and workplace in order toenhance the people's ability to seek factual truths. 3. In secondary education, the values of freedom, human rights, democracy, and market economy must be reinforced. 4. It is necessary for the educational system to teach the facts of North Korea just as they are. 5. Fundamental strength of free democratic system must be reinforced. The conservative, mainstream powers must recognize the importance of self-sacrifice and societal duties. The progressive political parties must sever themselves from those groups that take instructions from North Korea's Labor Party. The progressives must pursue values that are based on fundamental human rights for all. 6. Korean unification led by South Korea is the genuine means to achieve peace in a nuclear-free Korean peninsula. The administration must recognize that this unification initiative is the beginning of the common peace and prosperity in the Far East Asia, and must actively pursue international cooperation in this regard.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.133-158
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• 2010

Independent guarantee is a creation of the need from the both sides, i.e. the applicant (principal debtor) and the beneficiary (creditor). The former used to have to deposit cash in favor of the beneficiary in case of his default, which laid a burden on his liquidity while the latter still wanted to have the equivalent to cash. Independent guarantee satisfied the both parties by freeing the applicant of a deposit and maintaining the beneficiary's right at the same time. The fact that independent guarantee has three payment mechanisms is not widely known to the public. They are (i) payment on first demand, (ii) payment upon submission of third-party documents, (iii) payment upon submission of an arbitral or court decision. From the applicant's point of view, the order in his favor is (iii), followed by (ii) and (i). As there shouldn't be a case where one party is at a disadvantage against the other, useful insight is being sought for the benefit of the applicant. First, the applicant can offer his intention to provide a payment mechanism (ii) or (iii) rather than (i) if he must deliver it. Second, if the beneficiary still wants to have (i) and the applicant is in a position not to reject it, the latter should thoroughly check any provisions that may work against him later. Third, the applicant could use counterbalancing provisions in underlying contract to cope with protective clauses in the guarantees. Forth, the applicant should review the beneficiary's sincerity to prevent unfair calling risks. The applicant may use an ECA(Export Credit Agency) in his country to which he can transfer not only unfair calling risks, but also political risks. On the other hand, a bank needs to keep the following advice in mind. The foremost important thing for the bank not to forget is that it provides a guarantee as a service provider, not as a responsible party for the feasibility of the project, etc. Credit risk of the applicant should require the greatest attention when issuing a guarantee: the bank should look into the possibility that it can procure immediate reimbursement from its customers after payment to the beneficiary. Second, the applicant's ability to complete the project should be reviewed by checking its track records, techniques and reputation, etc. Third, the bank may also use an ECA to cover the beneficiary's unfair calling risks as well as political risks. In the case of Korea, as Korea Export Insurance Corporation(KEIC) can cover all the risks mentioned above, the bank could use its service called 'Export Bond Insurance.' What's better for the bank is that ECA cover can enhance the bank's asset quality by putting it zero on its risk weighted asset.