[학술논문] 북한 민법의 채권의 종류와 효력
...admitted. In the part of Effect of Claims North Korean Civil Law adopts a principle of mutual and friendly cooperation, and a principle of actual discharge of obligation. In related with compensation as remedies of default, the consolation money is not accepted, additionally a premeditated contract is differently dealt from a general contract. In a case of a premeditated contract, a penalty aside from compensation...
[학술논문] Jus ad Bellum and Cyber Warfare in Northeast Asia
...attacks raise a number of difficult and complex issues. The following article examines which cyber operations amount to the use of force as stipulated in Article 2(4) of the UN Charter and discusses the conditions under which type of cyber attacks could trigger the right to self-defense. In addition, other available remedies outside the framework of Article 51 of the UN Charter will be discussed.
[학술논문] North Korea’s Transport Policies: Current Status and Problems
...state’s development, but the problems in the structure, processes, and circumstances surrounding North Korea’s transport sector have gone beyond the threshold of no return with very little remedies available. To comprehensively conceptualize the troubled state of North Korea’s transport sector and their operations, one needs to examine the topic from the political-economic, socio-economic...
[학술논문] Applying Judicial and Non-Judicial Approaches for Human Rights Accountability in North Korea
...victims of North Korean human rights abuses. This article (1) reviews the current status and challenges of litigation efforts against the DPRK leadership; (2) examines non-judicial accountability in terms of remedies and reparations under international human rights law; and (3) analyzes how reparative measures are applied by various stakeholders to support victims of North Korean human rights crimes.
[학술논문] 북한을 피고로 하는 납북자 손해배상 소송의 통일법적 쟁점 - 절차법을 중심으로 -
... and therefore should be exercised to protect and realise the citizens’ fundamental rights. Torts cases are presumably supposed to be heard before the court of the country where the wrong was committed. For the abductee victims, however, who would be left with no remedies before the North Korean court, the South Korean court should exercise the jurisdiction by necessity(forum necessitatis).