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Eigentlich stammt Anscheinsbeweis aus deutschem Gerichtsspruch. Er möglicht bei typischen Abläufen den Schluss von einer bestimmten Ursache auf eine bestimmte Folge oder umgekehrt von einem eingetretenen Erfolge eine bestimmte Ursache. Das Hauptanwendungsgebiet des Anscheinsbeweises liegt im Straßenverke hrsrecht. Voraussetzung des Anscheinsbeweises ist stets die Typizität des Geschehensablaufs. Dies bezeinet einen formelhaften Vorgang, der nach der Erfahrung des täglichen Lebens so sehr das Gepräge des Regelmäßigen, Üblichen, Gewöhnlichen und Häufigen trägt, dass die individuellen Umstände in ihrer Bedeutung dahinter zurückbleiben. Bei Verkehrsunfällen muss ein Geschehensablauf vorliegen, der nach allgemeiner Lebenserfahrung zum Rückschluss auf eine Sorgfaltspflichtverletzung drängt, weil der Ablauf für eine schulthafte Verursachung typisch ist. Faßt der Anscheinsbeweis im oben geschriebene deutsche Straßenverkehrs recht zusammen, dann muß feststehen, dass der Hintermann tatsächlich aufgefahren und nicht der Vordermann zurückgerollt oder zurückgefahren ist. Ein starkes Bremsen des Vordermann steht der Anwendung des Anscheinsbe weises nur entgegen, wenn es grundlos und damit für den Nachfolgenden nicht berechenbar war. Ein vorgegangener Überholvorgang oder Spurwechsel des Vordermanns muss solange aggeschlossen sein, dass der Nachfolgender wieder einen ausr eichenden Sicherheitsabstand herstellen konnte. Bei einen Kettenunfall oder Massenunfall schließlich hängt die Anwendung eines Anscheinsbeweises vom erreichten Aufklälungsgrad des Geschehens ab.

After the time when oil and gas replaced the position of coal as 'the king' of fundamental energy sources required for the industrial society since World War Ⅱ, human- being has been called as 'hydro-carbon man'. Because of environmental problem and its scarcity in amount, however in recent years, many nations, representatively America and Korea, have been trying to make change the fundamental sources from fossil fuel society to hydrogen society with the strong investment in green energy such as solar, or alternative energy. In spite of this effort, it is the important fact that the dependance on oil and gas will be constant in at least 20 years. There are variety kinds of risks in oil and gas development such as political, legal, financial problems, and culture-social differences in world wide operation. So, It is natural consequence that development of oil and gas is the most difficult and risky project. In order to help to make risks minimize in legal aspect, this article focused on one issue; the ownership of oil and gas as the representative of all kinds of minerals. The study on sovereignty over natural resources, the practical implication of mineral ownership issue, and comparative research on the mineral(or oil and gas) Acts of representative States are the main topics discussed in the article. The early concession system gave the privileges with long term over 60 years, wide area covering almost the whole country, ownership of oil and gas in nature, and exclusive right to explore, develop to the international developers, including 'seven sisters'. This system caused serious side effects on host countries met its final with the General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources" and nationalization trend in South America and Middle East. Even though sovereignty over the oil and gas became an international rule, some countries such as America has kept the principle of personal ownership of land owner. This is totally different from the mineral law system of England and Australia having the same legal system of common law. Since the decision of the Court of Exchequer in 1567 and the Acts relating to minerals, oil and gas in these two countries belong to His or Her Majesty, the King. The problem in relation to the ownership of oil and gas in Korea is that there is no explicit provisions in mineral Acts, even in the Constitution on the ownership issue. It will be better for the provisional developer to give clear legal rules on who is the owner of oil and gas, and the definitions on what is oil and gas, or petroleum. On top of that, it is required to be upgraded the policy on oil and gas development in order to make the process and the conditions for getting the permission for the development clear and transparent. These works will contribute to achieving the national goal for securing energy security.

Online vendors often seek to bind online consumers with contracts, frequently in the form of license agreements with standardized terms. Importantly, online vendors differ in the manner in which they present their license agreements and consequently, in the amount of notice they provide their consumers. Some automatically splash their license on the screen and require consumers to click an “I agree” icon; others merely create a link to their license and do not require a clicking acceptance. Courts have considered these various methods of online presentation, holding some licenses binding on consumers and others not. Courts have begun to utilize two broadly defined categories-clickwrap and browsewrap-in order to help characterize the various methods of presentation. A clickwrap license is an agreement in which the vendor requires the consumer to click an “I accept” icon or click-check an unchecked box for the agreement to take effect. The vendor may place the icon at the conclusion of an agreement, where the consumer must scroll downward through the entire list of terms to click on it. Alternatively, a court will likely characterize an online license as a browsewrap if the vendor utilizes a small link to the license, instead of automatically presenting it. Indeed, the vendor may even tuck the link in the corner of an interior webpage of the site so that consumers are unlikely to notice it. The characterization of an online license as either clickwrap or browsewrap is increasingly important because courts have found consumer assent to exist in the former, but not the latter. Beyond the recent cases dealing with online licenses, the case law surrounding shrinkwrap licenses is a useful guide to understanding what constitutes consumer assent in the online world. Accordingly, this article begins by analyzing the major cases surrounding shrinkwrap licenses and their relevance to licenses in cyberspace, and discusses various methods courts may use to strike or modify terms of an online license, even where the court finds consumer assent to the overall agreement. These methods include the unconscionability doctrine, consumer protection statutes, and federal preemption. U.S. courts will likely continue to find consumer assent in clickwrap licenses, but should rely on methods for striking or modifying terms within an online license.

"Res iudicata"(Latin for "matter already judged") happens in principle only at person concerned and does not influence on a third party. Also, because joint litigant in the essential joint action or plaintiff․ defendant․ participation litigant in the independence person concerned participation lawsuit are the parties to a lawsuit, res iudicata reaches even in these people. Namely, that is the principle that res iudicata reaches only a person who has an opportunity submitting attack and defense method as a person concerned in litigation. Because enforcing litigation sequence on third party who don't have an opportunity that can claim and defend oneself's right is not improper in third party's viewpoint of formality guarantee as the purpose of litigation is clarification of right relation beween dispute person concerned. Consequently res iudicata does not reach to counsel, assistance participa tion or ordinary joinder mutually as well as third party of intervention. Accordingly, res iudicata that is full to legal principle of own responsibility which follows disposition principle by the person concerned has hard times relativity while res iudicata is reconciled with target of litigation that solve dispute beween person concerned in efficacy though that has public law character. But res iudicata reaches power in the third party who is the close relation with the person concerned in order to secure effectiveness of troubleshooting between the person concerned. Successors who is concluded argument, presumed successors, requisition right reversion subject from third person lawsuit charge, lawsuit secession person etc. are them. In particular, it can secure the troubleshooting effect in compliance with a judgement by doing so that successor receives pace of res iudicata in relation with counterpart after couclusion of argument. By the way, there is confrontation of opinion about that board power includes in extended successor's extent in this case though there is occasion that position of individual substantial law, that is, unique protest rights (Unique margin) that this successor can oppose against about other person's claim of right own bring. Also, when there is peculiar defense method along with extension of res iudicata, there is a problem whether executive power reaches. Hereupon, in this paper we search the confrontation and the meaning of realism · formalism referred res iudicata expansion and execution power extension when successor has the unique rights of defense regarding successors' extent after argument conclusion. Also, we wish to examine about the policy of presumed successor etc. that make as theoretical basis in formalism.

In the view of korean Commercial Law(corporate law), shareholders' interest protection and directors' liability in Holding Company are related with shareholder's interest protection closely. Holding Company is a company which possesses shares of the subsidiary and depends on the interest from the subsidiary. so that, the shareholder of Holding Company could not help concerning with operating business of subsidiary, Holding Company and subsidiary(child company) hold a equity respectively and the companies could hardly exercise the legal right. Being related with shareholder's interest, when assets of subsidiary are large one, the voting right in the company would be given to the shareholder. In this case, the basis of this theory has been based on piercing the corporate veil or pass through theory in conforming to case by case. However, now codification in korean Commercial Code would be discussed with a voting right, (double)derivative suit and an account inspection of subsidiary in Holding Company group. Also, in the concerned with director's liability of Holding Company, that of a commercial company applies in korean Commercial Law. In the operating Holding Company, to compared with director's liability(§399) of korean Commercial Code, the shareholder as Holding Company itself and subsidiary could exercise the right. But pure Holding Company do not like that of operating Holding Company, because the Company holds shares and dominates subsidiary only. So that, the shareholder's protection of pure Holding Company could not apply ordinary rules, therefore we must regulate director's liability by another provision in Holding Company group. Furthermore, it do not meet that outsider directors' authority and liability is the same thing with that of an executive director. The outsider directors of (Holding) Company focuses on management supervision to assure transparent operating business, therefore, they differ from an executive director or executive officer. Like this, it is not rightful that the liability of outsider director, executive director and executive officer are the same respectively, because of the difference to related business and gathering information extent. I think that it is required to establish director's liability limit, conforming with outsider directors' introduction to supervise director's business execution.

The object of public administrative power is achieved by the process that the government impose a certain duty and people perform it. But in case that people do not do their duties, there should be legal measures which make people perform the duties. It is called administrative compulsory execution that an administrative agency realizes administrative duty forcibly. The administrative compulsory execution is made up of Administrative vicarious execution, Administrative coercive collection, Charge for compelling the performance and Immediateness compulsion. This study focuses on the Administrative vicarious execution which has the Act for general regulations among those legal measures. I examined about the matter of the Administrative vicarious execution concretely. The Administrative vicarious execution Act regulates that "In case where a person liable for performing an act ordered directly under Acts (including any order issued by delegation of Acts, and any Municipal Ordinance of the local government; hereinafter the same shall apply), or by the order issued by the administrative agency under the Acts, and performable by means of a vicarious execution of another person, fails to perform such act, if it is difficult to secure the performance by other means, and it is deemed too detrimental to the public interest to leave the nonperformance, the administrative agency concerned may perform the act to be done by the person liable for it, or have a third person do it and collect the expenses therefor from the person liable for it."(Article 2) This thesis also critically reviews the essential requisites that is provided in the Article 2 of the Administrative vicarious execution Act. I examined about a requisite of the vicarious execution through a theory and the examination of the precedent.

지역무역협정은 WTO의 출범시기부터 각국의 체결이 급증하여, 최근에는 국제무역규범의 대안으로까지 평가되기도 한다. 이러한 상황 속에서, WTO는 회원국들의 지역무역협정 체결에 대한 규제를 보다 강화하기 위해 지역무역협정위원회의 설치를 비롯한 다양한 방법을 시도하고 있다. 지역무역협정위원회의 역할에 더하여, WTO 분쟁해결절차에서 지역무역협정 관련 분쟁의 해결을 통한 일종의 판례법을 축적하여 지역무역협정에 관련한 해석의 기준을 마련하는 것도 WTO 체계 내에서 지역무역협정의 규율을 강화하기 위한 방법이 될 수 있다. WTO 분쟁해결절차에서는 몇 차례의 지역무역협정 관련 사례가 논의된 바 있다. 이러한 사례들 중 많은 경우가 FTA 또는 관세동맹과 같은 형태의 지역무역협정과 세이프가드 적용에 관한 것이었다. 또한 사례들의 분석 결과, 분쟁해결기구는 상당수의 분쟁에 있어서 지역무역협정에 관한 논점을 적극적으로 해결하기 보다는 이른바 ‘병행주의’(Parallelism) 등과 같은 전혀 다른 이론을 적용하여 가급적 피하려고 한다는 점을 발견할 수 있다. 이러한 내용은, 지역무역협정에 관한 WTO 규범들의 해석에 있어서 모호한 부분을 해결하기 위해 축적된 ‘WTO 판례법’이 이용될 수 있을 것이라는 기대에는 미치지 못하는 결과이다. 지역무역협정에 관한 WTO의 적극적인 규제와 분쟁 발생의 방지를 위해서는, 이와 관련된 판례의 축적이 더욱 요구된다. 아울러 분쟁해결절차에서 지역무역협정의 논의가 보다 적극적으로 진행되어야 할 것이다.

This study has investigated admissibility of Character Evidence in Federal Rules of Evidence in America. Generally speaking, Character Evidence is one of the circumstantial evidences, thus it proves secondary facts by which a principal fact, that is corpus delicti, may be rationally inferred. In Federal Rules of Evidence, evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion. Character Evidence is excluded because it gives factfinder the danger of unfair prejudice. But if the danger of unfair prejudice is outweighed by probative value of the character evidence, it is admissible. That admissible lists include; First, in a criminal case, evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution. Second, in a criminal case, and subject to the limitations imposed by Rule 412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor. Third, evidence of the character of a witness, as provided in Rules 607, 608, and 609. Fourth, other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. and Fifth, sexsual assault case and child molestation case. This detailed legislation is reasonable. Therefore, It would be desirable that our trial system adopt the principle of character evidence in Federal Rules of Evidence.

인터넷 뱅킹(internet Banking)이란 인터넷을 통하여 간단한 온라인 송금으로부터 가상은행을 통한 대출 등 거의 모든 은행 업무를 제공받을 수 있는 인터넷 상의 서비스를 말한다. 이러한 인터넷 뱅킹은 ‘1995년 10월 미국의 SFNB(Security First Network Bank)가 시작한 이래 외국의 많은 은행들이 인터넷 뱅킹 서비스를 제공하고 있다. 우리나라는 ’1999년 7월부터 인터넷 뱅킹 서비스가 제공되고 있다. 하지만, 이러한 인터넷 뱅킹의 이면에는 해킹 등으로부터 거액의 예금이 인출되는 사고 등 불안감이 내재되어 있다. 만약 해킹 등으로 인하여 고객의 계좌에서 예금이 인출되었을 경우 그 책임은 과연 누가 질 것인가? 이와 관련하여 은행들은 대부분 인터넷뱅킹 관련 약관에 면책조항을 두어 그들의 책임을 면하면서 오히려 그 책임을 고객에게 돌리는 경향이 많다. 이에 본 논문은 인터넷 뱅킹에 따른 금융 사고가 발생하는 경우 누가 그에 대한 책임을 지며, 은행의 면책조항은 과연 유효한 지의 여부를 검토하고자 하였다.

In the case of American and Europe, the financial transaction by the on - line was began at the early and mid of 1990s. But in our country, such transaction system is not introduced until the end of 1990s after the financial crisis rose. Through our country is late the introduced time of the such system, our country developed the transaction amounts of the internet banking rapidly and in the present, our transaction amount of the internet banking takes precedence over the amounts of the developed country. By a formal announcement of the Korea Financial Telecommunication and Clearings Institute(KFTC), the rate of the electronic payment system of the our country is 75.6% and this rate takes the initiative in the rate 63.5% of the developed 14 countries such as American, England, Germany, France etc. Besides, the financial commission of the government recently submit the reform methods about the financial regulation to the government. The one of the methods is that found the internet specialized Bank. In the near future, we think that many internet Bank found in our country. But in other aspect, the several systems appeared by the internet occur any problems to the customer of the internet bank. The one of the problems is the responsibility of the damages occurred by the non-authorized third party. As fact, by the bank, the customer is obliged to obey the responsibility, without the willfulness and the negligence. Also, the internet bank have an agreement about the exemptions of the damages unrelated the ideas of the customer. In such point, I will make sure the customer don't get treated differently from the internet bank. Therefore in this theories, I will inquire at the following points. At first, I will study on the legal framework of the internet banking transaction. Secondly, I will study in the several problems of the internet transaction as like hacking and the unlawful transaction of the non-authority third party. Thirdly, I will give careful consideration to the effectiveness of the agreement written by the bank. Also, in case of the customer bear the responsibility for the event about the internet banking, I will inspire the legal basis on that responsibility.

최근 외국인(베트남전 참전용사)에 의해 미국 연방법원에 제기된 고엽제 소송과 외국인에 대한 미국 연방법원의 재판관할권 논의를 소개하는 글입니다. 미국 연방법원이 물적 관할권(subject matter jurisdiction)에 의한 재판관할권을 갖기 위해서는 연방법원에 제기되는 사건은 미국 헌법이나 연방법(federal law)에 근거하여 제기되어야 합니다. 외국인이 미국 연방법원에서 외국인에 대한 불법행위에 대한 소송을 제기할 경우, “외국인(에 대한) 불법행위법(Alien Tort Statute: ATS)”이라는 연방법에 의해, 미국 연방법원에 재판관할권이 인정이 됩니다. 그러나, 1960년대 베트남 전쟁에서 살포된 고엽제 중, Agent Orange를 생산한 회사를 상대로 베트남 참전용사 등이 2005년 미국 연방법원에 고엽제 소송을 제기하였으나, 2008년 미국 제2 항소법원의 항소심에서는 동 소송에 대한 미국법원의 재판관할권을 부인하였고, 2009년 2월 미국의 대법원은 이 건에 대한 논의를 거부하였습니다. 이 글에서는 고엽제 소송 관련, 미국법원에서의 외국인 소송에 대한 재판관할권에 대한 논의를 바탕으로, ATS의 적용범위 또는 조건, 고엽제 생산 및 사용의 국제법 침해 여부, 한국 항소법원의 고엽제 소송에서의 재판관할권 관련 쟁점 사항을 검토합니다.

The purpose of this paper is to study and research legal definition of employee in US fair labour standard act(hereinafter referred to as FLSA). The purpose of FLSA is to protect employee in the labour relations with employer. FLSA provides many legal rights for employee such as minimum wage, overpaid wage, children labour record keeping and equal payment. FLSA simply stipulates that employee means any individual employed by an employer. It is not easy and sufficient to distinguish who is employee or independent contractor with the brief provision of employee definition in FLAS. The decision of who is employee is precondition for employee to enjoy the legal rights given in FLSA. The concept of employee in FLSA has been established by the Court decisions under the common law doctrine and economic reality test principle which deserve academic legal analysis. This paper mainly dealt with economic reality test principle with many Court cases in order to grasp the substantial meaning of FLSA employee compared with common law employee. Summarily speaking, economic reality test requires many factors to be considered in making a decision as to who is employee or independent contractor. These factors being made between employer and employee are important criteria to determine FLSA employee. In discerning economic realities of given working relationship for purposes of determining whether worker is employee, rather than independent contractor under Fair Labor Standards Act, factors include: nature and degree of alleged employer's control as to manner in which work is to be performed; alleged employee's opportunity for profit or loss depending upon his managerial skill; alleged employee's investment in equipment or materials required for his task, or his employment of workers; whether service rendered requires special skill; degree of permanency and duration of working relationship; and extent to which service rendered is integral part of alleged employer's business; question is whether factors demonstrate that workers are independent contractors in critically significant sense that they are in business for themselves. The above six-factor test developed by Department of Labor's Wage and Hour Division is not necessary to be met FLSA employee. IT is totality of circumstances test. The final conclusion from the reading court cases held based on economic reality test for determination FLSA employee is that Courts have tried to enhance the scope of FLSA employee compared with employee in National Labour Relations Act which regulates labour relations between union and employer. Also US courts continuously have kept balance with speedy, flexible and complicated labour environments in between employer and employee relations. According to the open global labour market, we who especially are closely related to US economy need to keep tracking the legal information of labour market.

In der Informationsgesellschaft spielen Daten eine wichtige Rolle der Verwaltungshandlungen in der modernen Verwaltung. Vor allem haben die Daten der Polizeiverwaltungshandlungen grossere Bedeutng, um die Gefahren zu behindern. Datenerhebung der Polizei ist das Beschaffen von Daten über einen Befroffen. Diese Begriffsbestimmung soll in den Poizeigesetzen vorausgesetzt werden. Die meisten Polizei- und ordnungsgesetze statuieren Anforderungen an die formelle Rechtsmäßigkeit der auf die Datenerhebungsgeneralklausel gestützten Datenerhebung, die zugleich für die Datenerhebung allgemein gelten. Lieder gibt es keine konkrete Bestimmung in dem koreanischem Polizeigesetz. Dagegen hat das Datenschutzgesetz in der Republik Deutschland die konkereten Regelungen über die Datenerhebung und -verarbeitung. Weil die Datenerhebung und -verarbeitung durch die Polizei wegen dem Gefahrenabwehr legitimiert wird, soll die Bürger darauf dulden. Aber soll die Datenerhebung und -verarbeitung der Polizei auch die Grenzen halten. Angaben zu Sache könnten jeden Personenbezugs entbehren, können aber auch erlauben, eine Person zu bestimmen, und sind dann personenbezogene Daten. Eine wichtige der Grenzen ist informationelle Selbstbestimmung der Betroffen, da personelle Daten nur durch die Datensubjekt selbst bestimmt werden soll. Die informationelle Selbstbestimmung des Datenträgers sind seit der Entscheidung des Bundesverfassungsgerichts als ein Grundrecht anerkannt. In der vorliegenen Arbeit wird das Verhältnis zwischen der Datenerhebung und-verarbeitung der Polizei für das Gefahrenabwehr und informationelle Selbstbestimmung der Betroffen behandelt. Danach wird die Probleme der Datenerhebung und-verarbeitung der Polizei ausgelöst.

Im koranischen Strafprozessrecht soll die Maxime der Hauptverhandlung beherrschen. Trotzdem soll dieser Grundsatz tatsächlich in der Entscheidungsverfahren nicht gut befolgt werden. Das Strafgericht wurde mittlerweile auf Grund nicht vom Rede des Parteien vor Gericht, sondern vom Protokoll entschieden. Davon wurde das Abwehrrecht des Angeklagten wesentlich eingeschränkt. Deswegen wurde behauptet, dass der Grundsatz der Hauptverhandlung im Strafverfahren noch kräftiger als bis jetzt aufstellen soll. Demnach wird sich es spiegelt im reformierten Strafprozessrecht, das am 1.6.2007 neu geregelt wurde und seit am 1.1.2008 in kraft getreten hat. Trotzdem ist das neue, koreanische Strafprozessrecht in Zusammenhang mit dem Abwehrrecht des Angeklagten noch problematisch. Um die Schranken von Abwehrrechts von Angeklagten im neuen Strafprozessrecht überzuschreiten, schlage ich vor, dass erstens die Teilnahme des Verteidigers an einem Ermittlungsverfahren, zweiten Aussageverweigerungsrecht des Angeklagten, drittens Akteneinsicht des Angeklagten und des Verteidigers auch in Ermittlungsakten erweitert werden sollen. Das neue, koreanische Strafprozessrecht bringt auch unvermeidlich die Veränderung des Ermittlungsverfahrens. Des weitern erscheint diese Reform, dem Ermittlungsorgan zur großen zeitlichen und sachlichen Lasten zu fallen. D.h., dass das Ermittlungsorgan den noch objektiven sachlichen Beweis sowie Personenbeweis fassen soll als früher. Aber diese Lasten eines Ermittlungsorgans ist wünschenswert, da seine Beweislasten langfristig gesehen die Rechtsmäßigkeit und Durchsichtigkeit des Ermittlungverfahrens hervorbringt. Also das Ermittlungsorgan nimmt davon das bürgerliche Vertrauen zurück. Die Ermittlung ohne das bürgerliche Vertrauen ist gleich wie eine eigenmächtig Machtausübung.

Arbitration is the predominant method of resolving labor disputes involving employees lovered by collective bougainning agreement , and is in growing use for nonunion employees . Typically , the agreements include a prohibition against dismissals without just cause. The arbitration tribunal decides whether just cause existed. Federal law developed under § 301 of the labor management relation act preempts state law. but state courts to apply this body of common law . Two overriding principles are those, one is that disputes are presumed to be arbitrable and another is that arbitration awards should not be invalidated except in extra ordinary circumstances.

Currently, arbitration is employed to facilitated settlement of any dispute in private law excluding resource to judical procedure. Traditional litigation is expensive and slow, and the outcome is often unpredictable. As a result, many businesses opt for alternative dispute resolution(ADR) to avoid litigation. Arbitration is one of the most common forms of ADR. In traditional litigation, a dispute is resolved by a judge or a jury. In arbitration, a dispute is resolved by one or more arbitrators selected by the parties or pursuant to a procedure on which the parties have agreed. These days, it is common drift that the party's autonomy principle is key factor in the determining the applicable law for the arbitration agreement. The applicable law in the international business transactions may be typed by governing substantive law and arbitration law. The substantive law governs the parties' substantive rights and legal duty, which mean the law that governs contract formation and performance, and the law to be applied by arbitrator. How to determine the substantive governing law may be divided into express choice and implied choice. Implied choice of law by court requires some factor relating to contracts inferring the parties' choice of law with reasonable certainty. In the world, the past twenty years of arbitration practices have been tremendous growth in the use of autonomous arbitration instead of the courtroom to resolve dispute between parties. In the contrary, Korean arbitration practices has not yet found any noted discussion pertinent to the issue of an applicable law decision of the arbitration agreement.

The personal data protection could be examined from two points of view, in other words, preparation for preliminary base and establishment of post supplementation. The infringement of personal data required compensation for damages and other post remedial measures of damages: Fundamental measure was demanded to block the infringement of personal data in advance and to require not only construction of legal system for private data protection but also enactment of basic laws. The legislation of personal data protection could be classified into three, in other words, integration, separation and individual area, etc: The legislation in Korea was based on separation because it was divided into public area and private area. On the other hand, the private area was based on individual area because it was regulated by individual laws. Both public area and private area had different governing laws and regulations to be difficult to regulate both areas legally and effectively and to create unconformity between laws and regulations. Therefore, the dual legislation was given a lot of criticism to let the Government as well as NGO make efforts to improve systems and lay a bill of the integrated personal data protection before the National Assembly. This study tried to compare existing laws about information & communications and to analyze advantages and disadvantages of the laws, and also tried to suggest reasonable improvement.

In 1996, Korea deregulated its foreign direct investment restrictions dramatically in order to meet the requirement of OECD member status. In addition, the financial crisis of late 1997 in Korea caused it to get IMF fund assistance. The IMF recommended Korea to liberalize its financial market so as to induce foreign direct investment. Therefore, Korea eliminated its restrictions on foreign direct investment without the sufficient protection mechanism for its national security interests. This article introduces various laws and regulation of major countries with respect to protecting their national security interests. Especially, Exon-Florio Amendment, National Defense Authorization Act of Fiscal Year 1993, and Foreign Investment and National Security Act of 2007 of the United States are reviewed. It also analyzes golden shares rules of European countries and the national laws of the Great Britain, France and Germany. It also deals with recent amendment of Japan's Foreign Exchange and Foreign Trade Act. After discussing problems confronted with Korea Foreign Investment Promotion Act, this article suggests to introduce more precise definitions of national security by including the notion of critical infrastructure and critical technologies. It also proposes to expand the types of covered transactions which do not include the acquisition of stocks of target companies such as voting agreement or voting trust. This article recommends to introduce more clear and specified procedures in regulating foreign direct investment in terms of the transparency and the predictability.