• Journal of Arbitration Studies
• /
• v.33 no.2
• /
• pp.53-83
• /
• 2023

The investment agreement prepared at the beginning of inter-Korean economic cooperation in 2000 can be evaluated as very ineffective as a product of mutual political and diplomatic compromise rather than an effective protection for our investment assets. South Korean companies suffered a lot of losses due to the freezing of assets in the Geumgang mountain district and the closure of the Kaeseung Industrial Complex, but they did not receive practical damage relief due to institutional vulnerabilities. Currently, North Korea is under international economic sanctions of the UN Security Council, so it is true that the resumption of inter-Korean economic cooperation is far away, but North Korea's human resources and geographical location are still attractive investment destinations for us. Therefore, if strained relations between the two Koreas recover in the future and international economic sanctions on North Korea are eased, Korean companies' investment in North Korea will resume. However, the previous inter-Korean investment agreement system was a fictional systemthat was ineffective. Therefore, if these safety devices are not reorganized when economic cooperation resumes, unfair damage to Korean companies will be repeated again. The core of the improved investment guarantee system is not a bilateral system between the two Koreas, but the establishment of a multilateral system through North Korea's inclusion in the international economy. Specifically, it includes encouraging North Korea to join international agreements for the execution of arbitration decisions, securing subrogation rights through membership of international insurance groups such as MIGA, creating matching funds by international financial organizations. Through this new approach, it will be possible to improve the safety of Korean companies' investment in North Korea, and ultimately, it will be necessary to lay the foundation for mutual development through economic cooperation between the two Koreas.

• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.3-38
• /
• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.36 no.4
• /
• pp.77-83
• /
• 2013

This study is to develop a mathematical analysis model to grasp the behaviors of cartels. Cartels are formed tacitly and cause tremendous damage to consumers in modern society which is composed of advanced industry structure. The government authorities have instituted the leniency programs to respond cartels. However, cartels will continue unless there are legal sanctions against cartels based on an accurate analysis of leniency programs. The proposed cartel equilibrium analysis model is a mathematical behavior model which is based on the existing methods and the prison's dilemma of game theory. Therefore, the model has a form of pay off matrix of two players. We use a iterated polymatrix approximation (IPA) method to deduct a Nash equilibrium point. The model is validated by an empirical analysis as well.

• Journal of Arbitration Studies
• /
• v.27 no.4
• /
• pp.157-177
• /
• 2017

World Trade Organization(WTO) has 164 members since it has established on 1995. It plays a significant role in solving the world trade disputes. The process of the dispute settlement mechanism includes five steps: Negotiation, Establishment of experts group, Deliberation of appellate body, Execution and Supervision of Verdict and the Sanctions for Default. It suggested that the higher rate of developed countries using mechanism to solving the disputes than developing countries solving disputes by mechanism through the analysis of dispute of WTO members. Meanwhile, the more powerful economic entity is, the more trade dispute will be. There are several problems of mechanism by analysis the recently famous cases of trade disputes: Overburden of experts panel, Low utilization rate of the mechanism of developing countries, Lack of economic competition policy and labor standard terms and Unfulfillment of retaliatory measures of developing countries towards developed countries. This paper propose proper solutions and advises to improve mechanism of WTO dispute settlement.

• STI Policy Review
• /
• v.7 no.1
• /
• pp.110-148
• /
• 2016

This study examines the technical level of North Korea's S&T and identifies areas for potential North-South cooperation. First, North Korean media is analyzed for situations and trends from 2010 to 2015. Despite some commendable achievements, North Korean S&T remains lacking in basic science and commercialization potential. Despite an awareness of the importance of international cooperation, North Korea is hampered by international sanctions and their own caution, consequently concentrating their efforts on China. Details of their cooperation reflect their interests and needs to a certain extent, although their collaborations were mainly in the form of meetings and conferences rather than active joint research. To assess the potential areas of cooperation with South Korea, this study also draws on interviews with NGOs and professionals working with North Korea. The country's present situation is analyzed and some practical examples of possible cooperation is suggested. North Korea has the potential to expand its cooperation not only with South Korea but with many other countries. North Korea also promisingly expresses interest in cooperation.

• Journal of Contemporary Eastern Asia
• /
• v.14 no.2
• /
• pp.57-68
• /
• 2015

This paper examines the New York Times' reaction to the 2010 Brazil-Turkey-Iran (BTI) nuclear deal, the very last diplomatic effort before the imposition of international sanctions track over the following years. The New York Times' (NYT) coverage of the deal is examined using the Critical Discourse Analytic (CDA) approach formulated by Teun van Dijk. The results show a strong bias against the BTI deal throughout the NYT's news coverage. The overarching theme in cover-age of the deal is the imputation of malignant intentions on the part of both Iran ("to kill time to further its nuclear weapons program") and Brazil and Turkey ("to advance their own business dealings with Iran and gaining international recognition"). Also, non-relevant information is used to imply a threat of Iranian development of nuclear weapons. Moreover, the NYT leaves almost totally "unsaid" that president Obama had asked Brazilian and Turkish leaders to go to Tehran and get this deal. Therefore, the NYT basically echoed, and legitimized, discursive practices of the U.S. government on the deal.

• Proceedings of the Korea Technology Innovation Society Conference
• /
• 2011.06a
• /
• pp.230-236
• /
• 2011

Despite economic sanctions, including Western countries' ban on exports of advanced technology, North Korea is regarded as being equipped with independent technology power in the science technology sector as shown in its launch of intercontinental ballistic missile. However, North Korea has been shrouded in mystery in terms of software technology level. Chosun Computer Center, a software development institution representing North Korea since 2006, mobilized IT experts from Kim Il-sung University and Kim Chaek University of Technology and launched a project for an independent development of a computer operating system (OS), called "Red Star." Recently, it made public the 2.1-version. The OS program, which was manufactured in two types for a server computer and personal computer and are being supplied to institutions and individuals.

• Health Policy and Management
• /
• v.22 no.3
• /
• pp.403-426
• /
• 2012

The purpose of this study is to compare the standards and guidelines of long-term care facilities based on the physical environments and human resources in Korea, Japan, USA, and Australia. Ultimately, this study suggests the directions for amendments of long-term care service or running of the facilities in Korea. For achieving this purpose, we reviewed the homepage of national health departments, reports and articles of long-term care service, and acts related with long-term care in each country. This comparisons were carried in terms of physical environments, human resources by long-term care related acts and legal sanctions as means of quality control. This study implies that long-term care service guidelines or standards should be revised for developing the quality of our long-term care services.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.64
• /
• pp.213-237
• /
• 2014

The medical-device market of Myanmar in the recent Asian region is where the influences of Thailand, China, India and Singapore are being shown considerably with the lift-up of economic sanctions by America and the West. However, although the global capital and liberalization have widened the openness and the international concerns, the relative Myanmar's medical environment demands an active assistance and improvement. The study, recognizing the importance of Medical-Devices and their market conditions emerging as key business for knowledge-based industry, aims to obtain consequential meaningful suggestions, pursuant to relative export-concentration and sustainable market growth of Medical Devices, by analyzing inter-nation trade intensity for key Medical Device items. To do so, this study selected 8 nations in total by reviewing three points: core Medicine-advanced countries, geographically adjacent countries to Myanmar, and relative export-concentration.

• Child Studies in Asia-Pacific Contexts
• /
• v.2 no.1
• /
• pp.29-43
• /
• 2012

The purpose of the study was to generate the candidate items for the Adolescent Friendship Social Capital Scale. Both inductive and deductive approaches were used to generate the scale items. Halpern's conceptual map of social capital served as the theoretical basis of this scale, and guided the development of items. Semi-structured interviews with adolescents in Sydney, Melbourne and Beijing generated the initial pool of scale items. Twenty-six items were generated for the Adolescent Friendship Social Capital Scale. The items are organised in four theoretical constructs: Bonding Networks, Bridging Norms, Bridging Sanctions, and Linking Networks. Each item is a short statement followed by a five-point Likert scale anchored by 1= "Strongly disagree" and 5= "Strongly agree". The scale has several advantages over previous measures of adolescent friendship networks and friendship social capital. The scale has a strong and clear theoretical structure, the scale items demonstrate initial construct and content validity, and the format of the scale enables the collection of continuous data. However, in order to ensure the validity and reliability of the scale, another two stages of research need to be conducted in the future: scale development and scale evaluation.