25 research outputs found
Cost and Fee Allocation Rules in Korean Civil Procedure
No full textKorea is one of the most litigation-prone societies on earth. The overall increase of court filings in civil cases in Korea is the result of external costs which are borne by the parties from outside the courts and internal costs which the parties generate as they directly utilize the courts. The external costs may include the increase of the number of disputes resulting from the rapid growth of Korean economy and the increasing weakness of dispute resolution mechanisms such as families, churches, and neighborhoods. The internal costs may include litigation costs. In this regard, this Article will mainly explore costs and fees borne by both parties as an effort to improve Korean civil procedure by eliminating frivolous lawsuits and encouraging meritorious ones. At the outset, the Article explores the basic rules and their exceptions and modifications as to who pays fees and costs in a lawsuit.
Secondly, the Article explains fee and cost allocation rules which encourage or discourage
litigation. In the third place, the Article delves into the determination of fees and costs incurred by both
parties to a lawsuit. Afterwards, the Article discusses special Issues including success-oriented fees, sale of claims, class actions, and litigation insurance in terms of fee and cost allocation rules. In Conclusion, I propose that Filing Fees Act in the context of civil procedure be incorporated to the Act on Costs for Civil Procedure, and Filing Fees Rules for civil procedure and Rules regarding Attorney Fees included in Litigation Costs be incorporated to Rules of Costs for Civil Procedure. Afterwards, I make some comments on contingent fee arrangements as follows: (i) that contingent fee arrangements should not be permitted in criminal cases in Korea because those cases are related to public interests; and (ii) that contingency fee arrangements for domestic relation cases should not be allowed
because it can encourage the dissolution of family relation. In addition, the Article points out that pro se actions can encourage a court to heavily rely on appropriateness in the concrete rather than legal certainty. In other words, appropriateness in the concrete sometimes preempts legal certainty in Korea because applying law by the court is limited by pro se litigation. The Article goes on to mention that this problem will be somewhat solved by the legal aid, the increase of the number of attorneys, and legal service insurances
Restitution of stolen cultural properties: Lessons and challenges from recent Korean cases
No full textThe Republic of Korea adopted the 1970 Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural Property on 14 February,
1983. The Convention has some disadvantages in that its scope does not cover the cultural
properties stolen from Korean territory during the Japanese colonial era, which lasted from
1910 to 1945, and the Korean War from 1950 to 1953 because it cannot be retroactively applied
to cultural properties stolen during these years, and it falls within the field of public international
law. Hence, in order for the Korean government and the legal community to seek more effective
methods of restitution of cultural properties stolen during these periods, alternative legal tools
need to be discussed. Some good examples include the donation or purchase of stolen cultural
property, arbitration of disputes over the restitution of cultural property, bilateral international
instruments concerning the restitution of cultural property, and the restitution of stolen cultural
property though the application of foreign domestic public law or private international law. In
particular, the main focus of this article is on the restitution of stolen cultural property though
foreign domestic public law or private international law. At the beginning of the article, it is illustrated
where overseas Korean cultural properties are located. The article then delves into
why the focus is on the restitution of stolen cultural property though the application of foreign
domestic public law or private international law. Three examples are discussed based on these
scenarios. The article concludes by looking at the lessons learned from these cases and the
challenges that the Korean government and legal community are likely to face
Online and offline copyright infringement in digital environment: An overview of Korean case laws
No full textIn Search of the Optimal Tort Litigation System: Reflections on Korea\u27s Civil Procedure Through Inquiry Into American Jurisprudence
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ARCHIVAL INSTITUTIONS AND COPYRIGHT IN KOREA - DOI: 10.12818/P.0304-2340.2023v83p219
No full textArchiving copyrighted materials is often mandated
to preserve them for years to come, and
especially when handling digital materials
created in formats, or housed on media, that
are likely to become obsolete. The predominant
parts of the archives are unpublished
works. In order for archiving institutions to
gather, house and preserve mass collection of
copyrighted resources, they need to be wise
enough to comply with copyright law. The
copyright law issues surrounding archiving
institutions have arisen out of disputes over
the relationship among authors, archiving
institutions, and users of archives. The Korean
copyright law has already had first sale
doctrine, limitation to copyright protection
for reproduction and/or public transmission
of libraries, etc. temporary copying exception,
fair use exception, exploitation of cultural facilities
exception, and database right. On the
other hand, it lacks PLR scheme, ECL system,
and text and data mining exception. In terms
of ECL system and text and data mining exception,
a bill on the Korean Copyright Act
was submitted to the Korean National Assembly
in order to newly insert ECL in 2021. Especially,
revision of the Korean Copyright Act
needs to be made to introduce text and data
mining exception because the fair use doctrine
has not been used by the Korean courts so far
and because collected data are commonly used
to train models to generate similar archives by
using AI technology. In addition, archiving
institutions need to take into account moral
rights of authors in archiving copyrighted materials
A Legal Study on Utilization of Big Data in Medical Field - Focusing on Korea and China -
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