• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.65-117
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• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.85-112
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• 2005

The purposes of this paper are to investigate how deeply the courts in Korea and the U.S. are involved in the enforcement process of the arbitral award. The extent of judicial review of arbitral award and the procedures to execute the arbitral award were explored and compared in each of the countries. In Korea the winning party should file a suit for enforcement judgement to execute the arbitral award, while the winning party in the U.S. should file an application for motion. Such difference in the execution process between Korea and the U.S. may be led to a higher burden on the Korean winning party in the execution process due to the complexity and instability during the new litigation for enforcement judgement. In addition, the Korean Arbitration Act does not grant any authority for the court to intervene with the substantive matters in the arbitral award, while in the U.S. the Common Law allows the court to vacate the arbitral ward when the arbitral award is entered with the manifest disregard of the law by the arbitral tribunal. It would be more practical for the court to supplementarily intervene with the arbitral award which obviously hurts the legal interest of the arbitral parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.3-45
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• 2008

A motive and aim of enactment of UN Convention on the Use of Electronic Communication in Int'l Contracts is based on need to eliminate legal obstacles that might arise under existing int'l trade law instruments and promote int'l electronic commercial transaction. But when it is used with related articles, 14, 15, 16, 17 for offer under CISG, one of the most successful conventions which produces substantive law for the unification of int'l trade, questions of practical importance, for example possibilities of withdrawal, revocation, rejection of offer, the extent of its criteria arise from therewith. In conclusion, a effective electronic offer has to assure easily access and confirmation of trade terms besides criteria of offer under CISG. An offer can be withdrawal, if electronic message of withdrawal has entered the offeree's server before or at the same time when the offer has reached the offeree but agreement expressly or impliedly, between the parties about type, format, email address is a prerequisited. Implied consent could be presumed through prior conduct or trade usages between the parties under CISG articles 8, 9. The term "have reached" correspond to the time which is able to retrieve the electronic message of withdrawal. But without express or implied agreement between them about electronic communication of type, format, email address, an offer can be withdrawal before or at the same time when it has entered offeree's other e-mail address and confirmed by his retrieval. In case of the revocation, electronic message of the revocation is effective before the offeree's dispatching an acceptance. A prerequisite for the revocation by electronic communication is came as the above mentioned withdrawal except for concept of a time difference for reach. In case of a rejection of offer, when a rejection by electronic communication has entered the offeror's server, an offer is ended. But a prerequisite for the rejection by electronic message is same as the above mentioned withdrawal and revocation.

• Journal of the Korean Society of Costume
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• v.50 no.3
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• pp.105-116
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• 2000

In the middle of the 20th century the traditional wedding costumes in Chungchung district were very similar to those of high officials. A bridegroom out on blue DanRyoung, Samo, official belt, buckskin and two cranes figured Hyoongbae which high-ranking officials wore, A bride put green Wonsam and Chonkduri on her hair, The color and cloth of Chogori, Chima and underwear showed wedding practice in those days on which a daughter-in-law should endure a hard married life. It reflects the Confucian ideas and a patriarch society. This paper studies on the substantive reason they wore the traditional wedding costumes in Chungchung district is not thoroughly considered in a folkloristic respect. The traditional wedding culture that a bridegroom and a bride wore a formal suit can be a good instance which showed us their desire for social status of the upper class. The wedding practices were performed in order to get rid of an omen and keep a good their fortune.

• The Korean Journal of Archival Studies
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• no.57
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• pp.35-73
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• 2018

This study aims to elucidate the implications for 20 years of the establishment of the information disclosure law by analyzing contents of the public regulations of 50 states of the United States. For the purpose, it looks at the general outline of the open meetings law of the 50 states, including the requirements and procedure of the advance notification of the meeting, and the protest procedure and penalties for the violation of the law. As a result of analysis, under the law, public meetings should announce their schedule and agenda in advance, and minutes of meetings and recording of meetings should be accessible to citizens. Furthermore, a person who violates the law for opening meetings could be fined or imprisoned. The implications for the establishment of the Open Meetings Act in Korea are as follows: First, the open meeting system starts with the appropriate period and method of advance notice of meeting holding. Second, the substantive contents of the advance notification guarantee the effectiveness of the meeting disclosure system. Third, the method and subject of advance notification should be as wide and diverse as possible. Fourth, all decisions of the meeting that violate the law are null and void. Fifth, a system should be set up so that any citizen could easily raise objections to the violation of the law. Sixth, the person who violates the law should be held responsible. Lastly, citizen access to minutes, recordings as well as comprehensive meeting minutes writing including attendees, agendas, and ballots should be guaranteed.

• Korean Security Journal
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• no.12
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• pp.271-289
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• 2006

Private security industry in South Korea has rapidly been growing in recent years. However, such a rapid growth is being criticized for its focus on external results, which has produced a number of problems. The continued growth of private security industry can be only based upon substantive and qualitative development. In this aspect, it is necessary to consider the global trends of the private security industry, particularly the recent trends of the U. S. security industry which has led the global security industry. This is because the recent trends of the U. S. private security industry would guide the future direction of the private security industry in South Korea. The U. S. private security industry has been replacing the role of law enforcement agencies including the police, from crime prevention to investigation and disaster management, not to mention asset protection and loss prevention. The recent trends of the U. S. security industry appears to be summarized by such characteristics as variety, specialty, and integration, which might account for the structural problem of the private security industry in South Korea. In short, the substantive and qualitative development of the private security industry in South Korea should be accomplished by strengthening its specialty and integration, and also widening its variety.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.3-20
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• 2010

Traditionally, finality has been regarded as one of virtues of arbitration. However in many cases absence of appeal process in arbitration is also a factor deterring people from choosing arbitration. Even though unsatisfied party may resort to a court for annulment of an award, it is allowed only when there are procedural defects. When there are substantive defects in matters of fact or matters of law, it is not easy or almost impossible to bring the case on the table again. The introduction of arbitration appeal process has been discussed in international arbitration fora, and some countries have already been adopting appeal process. Realizing this trend, it is time for us to consider adopting similar appeal process. Arbitration being based on the party autonomy, there's no good reason to prohibit appeal when the parties agree to do so. Arbitration appeal should be allowed within arbitration system itself, rather than resorting to a court, so that many virtues of arbitration can be maintained in the appeal. In designing an arbitration appeal system, following measures should be considered: minimum amount in dispute to trigger the right of appeal should be set in order to reduce the volume of appeal; losing appellant should be responsible for the legal cost of his opponent in order to deter non-meritorious appeals; time limits on initial appeal application and subsequent briefs should be set in order to accelerate appeal process; and, appeal tribunals should be composed of more experienced arbitrators in order to provide more accurate award. If we are equipped with a well designed appeal process within arbitration system, Korea will be able to emerge as an attractive international arbitration forum.

• The Journal of the Korea Contents Association
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• v.9 no.9
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• pp.210-217
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• 2009

Discussions about unfavorable acts of corporations in managing activities include many legal considerations. In general cases, first of all, legality of the given acts should be verified. If they are judged to be illegal in their procedures, whether it is possible to assert nullification for the acts by the corporation law or not should be examined. Next, the claim for damages against the actors should be considered. After that, whether the actors have criminal liability or not should be discussed. In this case, it is difficult and complicated to judge what clauses of the Criminal Code in the substantive law apply to the unfavorable acts. when the director's business judgement in the long run causes the corporation to be unprofitable or suffer damage, the Question of whether criminal punishment can be imposed on the director is a very important one requiring careful consideration.

• Journal of the Korea Society of Computer and Information
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• v.24 no.3
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• pp.181-190
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• 2019

Today, in the information society, since the government administration of all countries places importance on clarity and efficiency, the authority concentration of the administration is inevitable. Therefore, the Parliament, which is a legislative body, is at a time when the policy control function to check and monitor it is becoming more important. In particular, due to the emergence of parliamentary democracy, in the reality that the people must elect representatives and represent their own opinions, the parliamentary inspection system is very valuable in that it satisfies the right of the people to know and ultimately enables the people to democratically control the administration. The role of the Parliament moves from the inherent legislative function to the information collection and disclosure of government administration, discussion and resolution of political issues, and observation and supervision of the administration. And it can be seen as the global trend. As a result of this trend, status and role of the National Assembly is being strengthened from the legislative body to the control agency of government administration. Thus, the most substantive authority of Article 61 of the Constitution can be deemed the parliamentary inspection system. The parliamentary inspection system is a system that let exercise the legislation, budget, and authority to control of state administration by identify the challenges and policy implementation of each country's institutions through the audit of the executive administration's overall government administration performance outside the National Assembly. However, due to the amendment of Constitution in 1988, the parliamentary inspection right and investigation of state administration right had reinstated and the parliamentary inspection system, which is being implemented annually, is the 31st year of the year in 2019. However, the general evaluation of the public is negative and insufficient time for inspections, lack of sanctions on nonattendance witnesses, excessive data submission, and refusal to submit materials by the administration were pointed out as the problem. Therefore, in this paper, the researcher tries to point out the overall problems of the parliamentary inspection system and to summarize the effective improvement plans.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.23-62
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• 2003

The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.