• Journal of Arbitration Studies
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• v.16 no.1
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• pp.3-44
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• 2006

Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.250-257
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• 2011

3 years and 10 months has passed since the New Citizen Participation in Criminal Trial was first enforced to secure reliability of people by reinforcing democratic legitimacy of jurisdiction and raising transparency. It can be evaluated positive in that procedural democracy as well as fair and prudent trial is realized, enabling people to participate at criminal justice procedure. However, new citizen participation in criminal trial targets only a very few case and recognize hortatory effects of jury's verdict only, not the binding effects. In addition, it still has various problems including limit to target cases, selection system of defendants, exclusion determination system, participation of conference of the judge and verdict by majority vote of the jury. In this regard, this study aims to examine several issues and problems, and to present alternative for this.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.17 no.11
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• pp.2595-2601
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• 2013

Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.

• Journal of Environmental Impact Assessment
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• v.14 no.5
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• pp.275-289
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• 2005

In Korea, health-related items under current EIA (Environmental Impact Assessment) system can only be found in the categories of hygiene and public health. However, environment and public health are not adequately connected and also health is underestimated even though health is an important component of environmental assessments. As a result, health is not well integrated within criteria for investigating the impacts on environment. International trends in HIA (Health Impact Assessment) to strengthen the connection between environment and health were investigated in this research. Definitions, functions, circumstances, and merits of HIA in foreign countries were compared. By collecting and analyzing international organizations' and other countries' data related with HIA and EIA, preceding conditions and execution plans were suggested to link EIA and HIA from SEA (Strategic Environmental Assessment) aspects and to successfully accomplish EIA in Korea. According to this research, EHIA (Environmental Health Impact Assessment) can predict and manage the results of economical development only under the principles of inhabitants' participation, sustainability, and social justice. EHIA should be modified and improved towards increasing regional and national capabilities. For this, preparation of adequate procedure is required to connect EIA and HIA.

• Journal of the Korean Society of Clothing and Textiles
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• v.41 no.4
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• pp.771-781
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• 2017

The helmet is an imperative personal protective equipment. This protective device must be able to guard the human head against potential risks. Helmets are classified according into the purpose of use; therefore, the required performance and specifications depend on the type of products. Military helmets are intended to protect the wearer's head from bullets and shrapnel. Generally, lightweight super fibers and fiber reinforced composite materials are used as helmet shell materials, and NIJ STD of U.S. Department of Justice is most widely used as international standard related to bulletproof helmets. Safety helmets are widely used for industrial application and sports leisure. In general, the performance of shock absorption must be ensured, and various lining systems are applied in material, design, and combination methods. Evaluation standards have also been classified and strictly controlled for each purpose; therefore, it is difficult to certify with the existing standards such as the recently developed convergence helmets. However, it is possible to launch the product through a separate national integrated certification procedure.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2013.10a
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• pp.118-122
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• 2013

Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.his is an example of ABSTRACT format.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Journal of Gifted/Talented Education
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• v.23 no.1
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• pp.67-87
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• 2013

This study explores high school gifted students' perception of cheating in school using the concept mapping method. The map shows the gifted students' concept structure and the different perception between gifted and non-gifted students on cheating. For the purpose, 63 high school gifted students participated at the brainstorming stage to gather the possible related statements. Finally, 64 statements were confirmed and these were divided and evaluated by 13 focus group students. Then, they were analyzed by multidimensional scaling and processed by hierarchical cluster analysis. The results compiled from this procedure show that high school gifted students' perception of cheating is classified into five clusters: "unacceptable cheating behaviors of friends", "an inseparable relation among social structure, giftedness and cheating", "conflict, coping skills, and tolerance related to the cheating", "immorality in one's inner person" and "the judgement based on morality and social justice". In addition, 150 gifted students and 160 non-gifted students checked the degree of agreement to each statement with the likert 6 points scale and the result showed that there was no significant difference in two clusters, "unacceptable cheating behaviors of friends" and "the judgement based on morality and justice", while it turned out that there were significant perception gaps in three clusters, "inseparable relation among social structure, giftedness and cheating", "conflict, coping skills, and tolerance related to the cheating" and "immorality in one's inner person". Implications of the study related to the gifted students' moral behaviors were discussed in depth.

• Korean Security Journal
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• no.43
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• pp.177-204
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• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• Korean Security Journal
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• no.50
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• pp.209-237
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• 2017

Theories on 'opportunity for crime' have utilized CCTV in crime prevention approach, and empirical studies showing crime prevention effects of CCTV have supported expansion of CCTV installation. Particularly, in Korea, the number of CCTV installation had tripled from 2011 to 2015, and governmental policies regarding CCTV have become one of the mainstream social control strategies. Although a couple of empirical studies showed decrease in crime rate due to CCTV installation, there is no study investigating B/C analysis(Benefit vs. cost analysis) of CCTV installation. B/C analysis results will be beneficial for official decision-making of criminal justice policy, and this study is purported to produce such fundamental evidence for policy making procedure. To fulfill this goal, this study collected data on financial information, crime data between 2011 and 2015 across the nation from 232 governmental district offices and the Korean National Police. This study then conducted two different B/C analyses(simple B/C analysis, regression-based B/C analysis). The simple B/C analysis results showed that 1) total costs for CCTV installation in 2014 was 68,626,000,000 won(approximately, US$57,188,333.00, money exchange rate 1200won=US$1), 2) benefits of crime reduction was 90,888,000,000 won(appx. US$75,740,000), and 3) B/C rate was 1.32. The regression-based B/C analysis results showed that 1) B/C rate was 1.52 when only reduced costs of criminal justice processes for crime employed, and 2) B/C rate was 3.62 when overall social costs including reduced costs of criminal justice processes and social benefits, e.g., reduction in costs for managing fear of crime, due to the crime reduction. Based on the results, this study provided policy implications.