• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.495-522
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• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2013.05a
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• pp.271-274
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• 2013

From February 18, 2013, an information and communications service provider, we will not be able to collect the resident registration number by paragraph 2 of Article 23 of the Act on the Promotion of the use and protection of information and information network. Rather than a revision in accordance with resident registration number, than these laws, it had been used in the alternative, such as OTP authentication phone authentication I-PIN authentication of certificates that are recognized as such authentication. In this paper, we propose a new online identity authentication technology was and Utilization of IMEI, the OTP to introduce online identity authentication technology replacing the resident registration number.

• Journal of Korean Neurosurgical Society
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• v.65 no.2
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• pp.173-179
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• 2022

Disabilities can emerge due to traumatic spinal fractures. In terms of sacrococcygeal spine, because of its unique anatomic structure with minimal movement, the possibility for it to have a disability is relatively low. In Korea, unlike most disability criteria, private insurance companies acknowledge angular deformities caused by vertebral fractures as disabilities according to their degree, so there were several cases where patients required compensation, arguing angular deformity caused by sacrococcygeal fracture, which in some cases led to legal conflicts. Except the Act Welfare of Persons with Disabilities which recognizes only severe angular deformity affecting internal organs as disability and the industrial accident disability evaluation which does not recognize coccygeal fracture as disability but rarely recognizes sacral vertebra deformity equivalent to compressive deformation, there is little or no case where angular deformity is recognized as disability. Given the impairment evaluation standards in social insurance, McBride system, American Medical Association (AMA) guides, and newly proposed standards by the Korean Academy of Medical Sciences (KAMS), the most contentious point in the general terms and conditions of private insurance is spinal deformity. To overcome controversy over disability evaluation, the private insurance sector is now applying criteria for axial skeleton to sacrococcygeal vertebrae through revision of standards. Under these circumstances, it is fair to recognize sacrococcygeal fracture as impairment in terms of the pelvis only when the fracture leaves serious deformity and neurological symptoms with clear relevancy. Though it may not be easy to develop accurate disability evaluation standards, improvement is necessary to remove any irrationalities and make the standards as objective as possible.

• Journal of the Korean Society for Railway
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• v.10 no.5
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• pp.533-539
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• 2007

Since 1971, the aptitude test for domestic train drivers has long been maintained without any overall change. With the revision of the Railroad Safety Act in 2006. the aptitude test was changed from the type of written and skill test into the type of question-and-answer and reaction test. However, the main structure of the test is being maintained unchanged. In this paper, we focus our attention on the improvement of the present aptitude test. We surveyed on two groups, one is the railroad expert group and another is train driver's group, questioning about the importance of the domestic and foreign aptitude test items. Based on the analysis, we suggest desirable aptitude test system for the railroad safety.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.351-380
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• 2010

Multinational Enterprises set the prices for transactions between affiliates based principally on their global interest. But the customs authority in Korea wants to set the arm's length price as high as possible to get higher dutiable value for customs purpose, while the internal tax authority in Korea prefers lower arm's length price to get higher value for corporation tax purpose by cutting costs. Problem caused by the inconsistent valuation methods on the same imported goods of the two tax authorities is the single most important tax issue facing multinational enterprises. In the meantime, the customs authority in Korea has thought that it is a universal trend worldwide for the Customs and Internal tax authorities to adopt different methods of valuation on transfer prices between related parties, so KCS couldn't accept APA prices. But the internal tax authority in Korea has taken the initiative in APA program so NTS provided taxpayer with safe-harbor. Recently, KCS created the Advance Customs Valuation Arrangement(ACVA) provisions in the 2008 revision bill of the Customs Act through benchmarking APAs program. Can APAs work for customs? Neither WCO or OECD presents any recommendation on the integration of the valuation methods, but calls for close cooperation between two authorities, which still leaves taxpayers very unstable. We will start to seek ways to integrate the customs valuation and transfer pricing in this study.

• Journal of Korean Library and Information Science Society
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• v.11
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• pp.69-99
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• 1984

A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.2 no.1
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• pp.132-177
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• 1974

Toe public library may perform a social good only when its objectives are adequate to the community's needs. The present purpose of the public library in the Korean Library Act has no direct concern for our social needs from its very beginning because it was not created in response to our social needs but transplanted from American principles. It is, therefore. difficult to expect socially useful output of our public library programs under the present purpose which may be inadequate to our social tradition and needs. This study purposes to examine validity of the present purpose of the public library in the Korean Library Act, in the light of our community needs and our own library tradition. The methods employed to achieve the purpose of the study are (1) to survey needs of the library frequenters through questionnaire, and interviews with the public librarians in Seoul, (2) to gather the statistical data relevant to, and supporting, the hypothesis, and (3) to compare our social background with that of the United States of which the American purpose, a model for our present purpose, came out. The conclusion is as follows: A. The idea to induce people to pull themselves upward by providing for all the members of the community access to the world's best books shelved in the public library should be abandoned. The reasons are (1) that the idea is alien in our public library tradition, (2) that little demand of the community goes with the idea, and (3) that reading outside the library has come into wide practice, thanks to recent increase in individual income and that in publications. B. That the public library maintains fiction and other recreational reading materials is meaningless in the light of the community needs. These are the two explanations supporting the thesis. (1) The "uplift" theory has proved inoperative and people apparently do not progress from, light fiction to more respectable fare. (2) The conviction that fiction and other recreational reading materials keep the middling classes from the "vicious" entertainments maintaining order in the community by giving them a harmless source of recreation has lost its significance as the modern society provides a number of choices in recreation: television is an obvious example. C. The nature of the informational needs of the community has radically changed, so radically as to require substantial changes in the outlook, collections, and services of the public library, which is :slow in adopting itself to the new social surroundings in Korea. D. 92.2 per Cent of the present frequenters of the public library are high school and college students. Since the library is to meet the existing community needs it should turn its attention to the student group, and develop the means to serve it better, not the "theoretical group of specialists who do not come to "the public library. E. In revision of the purpose of the public library, priority of each objective should be given. The priorities in the last analysis are research and information. culture, recreation in that order.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.22 no.6
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• pp.208-222
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• 2023

With the recent revision of 「Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons」 and the Enforcement Regulations of the Act, bus business operators must introduce low-floor buses when scrapping buses. On the other hand, in the case of routes where low-floor buses cannot be operated, bus business operators can be exempted from introducing low-floor buses with the approval of their transportation administrative agency according to Article 4-2 of 「Enforcement Regulation of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons」. According to the data from the Korea Bus Transportation Associations Federation, approximately 5.9% of all city bus routes were surveyed as the exceptions to introducing low-floor buses. Nevertheless the proportion is expected to increase because some regions with difficulties introducing low-floor buses are not included when calculating the proportion. By confirming the process of approving exceptions for introducing low-floor buses through local governments, there was no specific examination method or standard for approval of exceptions. Hence, there is the problem that some routes are approved as exceptions to introducing low-floor buses, even though low-floor buses can be operated on those routes. Therefore, this study aims to develop a manual that can objectively diagnose the overall operation environment of low-floor buses, such as road geometry and road facilities. Future research plans to apply it to more cases and improve it for more precise application in various contexts.

• Journal of International Area Studies (JIAS)
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• v.22 no.1
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• pp.67-90
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• 2018

France has allowed a deprivation of nationality for terrorism since 1996 Law. After then, a series of law revision (1998, 2006 law and 2010, 2015-2015 reform tries) have not only linked an act of terror with nationality deprivation but also put the dual national and their deprivation at the centre of dispute. Both 2010 Immigration Law by Sarkozy and 2015-2016 constitutional amendment by Hollande had been not adopted but have combined immigrants and security issue together by firmly solidifying the relationship between dual national and terrorist. Especially in 2015-2016, the constitutional amendment that failed to be adopted has extended a state of emergency and left the nationality deprivation of dual national as controversial issue. After over 4 months of discussion, the amendment that contains a clause of a state of emergency and extension plan for nationality deprivation was abolished but the dual national issues which had been non-politicized has now become politicized, defined as security issues and finally securitized. It shows very two-stage process of securitization argued by Copenhagen school including Buzan. The importance of securitization notion by Copenhagen school lies on the fact that it scrutinizes the constructive elements of the process of securitization. The concept of securitization allows us to see the problem of the process that defines a non-politicized issue as security one by making it political matter. Applying this process of securitization into the controversy of nationality deprivation of dual nationals in France, we can find out the development of non-controversial and non-politicized dual national issues into social agenda by politicization through speech-act or announcement effect.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.245-283
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• 2003

Since enactment of the Product Liability Act(PLA) on July 2002, Enterprises in Korea should be insured the Product Liability under the Act. Therefore they had to make a special team and organize it to match with the Act. However, some enterprises didn't follow and prepare the team for the dispute resolution. For example, in America, many enterprises had been attacked the PLA and in Japan, as well. but Korea is rare for the PLA. Thus, this is to research the PLA for protecting the disputes. Upon this study, 1 would like to suggest some issues and a revision of the PLA. Those are the purpose of my research. In this study, it consists of 5 chapters for achieving the purpose of the research. Introduction of this study is mentioned in Chapter 1, and Chapter 2 is for outline of the PLA in Korea. At Chapter 3, the cases are analyzed in the disputes of importers to address important things we have to check. After the analysis, resolution methods in general on import practices are suggested at Chapter 4. Also, this study is summarized at Chapter 5 including further research. In this research, 1 find out complex of Product Liability insurance and issues related with PLA. For protecting the issues and disputes; importers should prepare a agreement of arbitration during the preparation of contracts. Nothing can be better than prevention on any disputes, but they can be happened sometimes without any intentions or by mistake. Solving these issues, the resolution methods of this research are the most valuable. The mediation and the negotiation do not force any legal matters. So, the dispute through them does not have a positive resolution, and the effectiveness of them is very low. Due to the resolution of issues, arbitration is a desirable resolution. In Korea, most people do not know about the arbitration due to the lack of understanding of arbitration. Currently arbitration related with Product Liability has not been followed up promptly because procedures and judgement from a court take for a long time. In sum, in order to solve the disputes properly, they should be supported by the arbitration system to concrete essential objectives, so to speak, protection of the victim and the improvement of arbitration. In addition, the systematic arrangements would be required to carry out all the methods above mentioned. Those are for manufacturers, importers, and customers for the dispute resolution.