About JPRI. Oct 20, Judicial Policy Research Institute 미래를여는사법정책연구원

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1 About JPRI 미래를여는사법정책연구원 Oct 20, 2016 Judicial Policy Research Institute

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3 1. Status of the Judicial Policy Research Institute( JPRI ) A. Mission B. Goals of Research C. Functions Outline - 1 -

4 Research on Judicial Policy - 2 -

5 Cooperation and Collaboration - 3 -

6 2. Organization Chart Chief Justice of Supreme Court President of JPRI Operating Committee Chief Research fellow Advisory Committee Research Review Committee Research Planning Office Future Judicial Policy Center Integrated Studies Center Center for Unification of Korea Foreign Legal Center Legal Education Center Secretariat Justice System Trial System - A n n u a l R e s e a r c h p la n n in g & c o o r d in a tio n - B u d g e ts, r u le s, p u b lic r e la tio n s, e th ic a l r u le s in vestig ation s e tc. - R e s e a r c h e s o n th e ju d ic ia r y in c lu d in g lo n g te r m p la n s o f th e ju s tic e a n d tr ia l s y s te m - In te g r a te d r e s e a r c h w ith a d ja c e n t fie ld s o f s tu d ie s in c lu d in g p s y c h o lo g y, e c o n o m ic s, a n d comm unication - R e s e a r c h e s o n N o r th K o r e a n la w s a n d its ju d ic ia l s y s te m - preparations for th e ju d ic ia r y o f r e u n ifie d K o r e a, - E x c h a n g e s a c h ie v e m e n ts - co llaboration w ith overseas in s titu tion s - in te r n a tio n a l la w s a n d fo r e ig n ju d ic ia r y s y s te m s - p r o v id e s g e n e r a l le g a l e d u c a tio n - G e n e r a l A ffa ir s p e r s o n n e l, d o c u m e n ts, s ta tis tic s, lib rary etc. - R e s e a r c h S u p p o r t a c tiv itie s r e la tin g to r e s e a r c h - 4 -

7 3. Composition A. President B. Chief Research Fellow C. Researchers Office (21 persons) - 5 -

8 4. Courts' Activities with International Institutions A. Working Groups for International Conventions in Supreme Court - 6 -

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10 B. Attendance to International Conferences (2015) No. Date Venue Title Participants New York UNCITRAL Working Group II: 62nd Session - Enforcement of Settlement Agreements Resulting From Conciliation Proceedings - Revision of the UNCITRAL Notes on Organizing Arbitral Proceedings Kang, DongWon, New York UNCITRAL Working Group III: 31st Session - Online dispute resolution for cross-border electronic commerce transactions: draft procedural rules Song, YooRim New york UNCITRAL Working Group VI: 27th Session - UNCITRAL Guide on the Implementation of a Security Rights Registry Park, SeungHye New york UNCITRAL Working Group IV: 51st Session - Draft provisions Electronic Transferable Record (ETR) Maeng, JunYoung New york UNCITRAL Working Group V: 47th Session - Facilitating the cross-border insolvency of multinational enterprise groups - Obligations of directors of enterprise group companies in the period approaching insolvency Min, JiHyun Vienna UNCITRAL Working Group VI: 28th Session - Draft Model Law on Secured Transactions - Draft Guide to Enactment of the draft Model Law on Secured Transactions Hah, JungHun Vienna UNCITRAL Working Group II: 63rd Session - International commercial conciliation: enforceability of settlement agreements Jang, JiYong Vienna UNCITRAL Working Group IV: 52nd Session - Draft Model Law on Electronic Transferable Records Kang, MinSung - 8 -

11 No. Date Venue Title Participants Vienna UNCITRAL Working Group III: 32nd Session - Draft non-binding descriptive document reflecting elements and principles of an ORD process Hong, EunGi Vienna UNCITRAL Working Group V: 48th Session - Facilitating the cross-border insolvency of multinational enterprise groups - Recognition and enforcement of insolvency-related judgment Kim, YongSuk ) No. Date Venue Title Participants Geneva Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) 33rd Session - Industrial Design Law and Practice - Draft Articles and Regulations - Update on Trademark-Related Aspects of the Domain Name System Kim, DongKyu, Geneva Standing Committee on Copyright and Related Rights (SCCR): 30st Session - Protection of Broadcasting Organization - Limitation and Exceptions for Libraries and Archives Kim, GwangNam Geneva Standing Committee on the Law of Patents (SCP): 22nd Session - Report on the International Patent System - Quality of Patents, including Opposition Systems Kim, Shin Geneva Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) 34th Session - Design Law Treaty (DLT) - Revised Draft Reference Document on the Protection of Country Names Against Registration and use as Trademarks Yeom, HoJun - 9 -

12 No. Date Venue Title Participants Geneva Standing Committee on the Law of Patents (SCP): 23rd Session - Report on the International Patent System: Certain Aspects of National/Regional Patent Laws - Member States' Experiences and Case Studies on the Effectiveness of Exceptions and Limitations Choi, JongSun Geneva Standing Committee on Copyright and Related Rights (SCCR): 31rt Session - Protection of Broadcasting Organization - Limitation and Exceptions for Libraries and Archives Jang, HyunJin No. Date Venue Title Participants The Hague HCCH, Working Group on the Judgments Project: 4th Meeting - Hong Kong Working Document based on the European Union and Switzerland papers - Hong Kong Working Documnent based on the US paper Hyun, NakHee, The Hague HCCH, Council on the General Affairs and Policy of the Conference 2015 Lee, MyungChol The Hague HCCH, Working Group on the Judgments Project: 5th Meeting - Preparation of draft provisions for inclusion in the future convention on the recognition and enforcement of judgments Shim, HyunGee The Hague HCCH, Experts' Group Meeting on the use of video-link and other modern technologies in the taking of evidence abroad Jung, HaKyong

13 5. List of Research Projects and Publications A Research: 34 projects No. Title Publish Date 1 Measures for Encouraging Participation of the Public in Judicial Administration Development of the Mock Trial for the Public Effective Courtroom Communication Measures to Promote Public Awareness and Understanding Regarding the Judgments of the Courts Different Level Lecture Programs Conducted by s for Elementary, Middle, and High School Students Development of Leveled Mock Trial Scripts for Middle and High School Students Court Experience Programs for Middle and High School Students Efficient Discovery Procedure Determining the Admissibility of Digital Evidence Proper Supervision Measures of Insolvency Representatives after the Establishment of the Bankruptcy Court A Research on Methods for Improving Korea s Real Estate Records System Registration System of Real Property in the Information-oriented Society The Improvement of Family Registration Procedures Overseas Citizens for Measures to Improve the Trial Affairs Regarding Trial Records and Court Reports Judicial Discipline in Foreign Jurisdictions Improvement of the Public Defender System

14 No. Title Publish Date 17 Judicial Assistance to North Korean Defectors The Sentencing Guidelines System in England and Wales Austrian Judicial System Legal Citation Reporting Related to Personal Property Public Notice System and Personal Property Security System Development Strategies of Alternative Dispute Resolutions in Korea Improvement of the Search and Seizure Procedure Public Interest Litigation 25 Regulation Reform and Judicial Review Establishment of Real Estate Registration System After Reunification The Court of Justice of the European Union(CJEU) and the European Court of Human Rights(ECtHR) Establishment of Effective Ombudsman System in Courts 29 Public Understanding of the Judicial Procedure and Perception of the Trial Empirical Study on Bankruptcy Cases 31 Future Judicial Policy (1) Historical Figures of the Court (1): Life and Works of Jo, Jin Man Dispute Resolution in the Traditional Law Era: With Focus on Frivolous Suits in Chosun Dynasty Application of the Big Data Analysis in Courts: With Focus on its Application to the Judicial Administration and Policy

15 B Research: 20 projects No. Title Publish Date Improvement Plans of Appraisal System and the Expert Commissioner System Considerations for Courtroom Examination of Vulnerable Victims in Sexual Assault Cases -run Arbitration in the U.K. and the U.S. as well as the Possibility of Introducing -Arbitrator in Korea Family Counseling System Contempt of Court in Overseas Jurisdictions Video-conferencing in Judicial Proceedings Analysis of the Survey on Public Understanding of the Judicial and Trial Systems Judicial Appointment and Evaluation Methods to Realize an Ideal Image of a : Focused on the United States and the United Kingdom Systems Improvement Measures of the System of Motion for a Formal Trial Establishment of efficient Specialized Courts 11 Efficient Case Management for Complex Financial Crimes to be published 12 Application of KAMS Disability Standards for Personal Injuries 13 Witness Examination Procedure and Interrogation Methods Credibility of Testimonies of Mentally Handicapped Sexual Victims: With Focus on the Standardization of the Credibility Evaluation 15 Practical Training for New Admittees to the Korean Bar 16 Court-Based Strategy to Support Pro Bono to be published to be published

16 No. Title Publish Date The Categorization and Social Impact of the United States Supreme Court Decisions Measures for Establishment of Standard of Property Division in divorce cases E-Discovery Procedure 20 Order Payments Procedure C Research: 21 projects No. Title Publish Date 1 Personal Identification Registration System in North Korea 2 Social Impacts of Landmark Supreme Court Decisions 3 4 Development of Court s Specialty in Arbitration Related Trials Framework of Selection from Experienced Lawyers in Foreign Jurisdictions to be published 5 Rules of Professional Conduct in the Legal Profession 6 Senior Program 7 Defendants Sensitivity to Punishment: A Comparative Study to be published 8 Jury Instructions in the Criminal Trials 9 Improvement Measures of Small Claims Procedure 10 Courtroom Broadcasting Systems in Foreign Jurisdictions 11 Establishment of the Maritime Courts 12 Establishment and Operation of International Human Rights Courts

17 No. Title Publish Date 13 Improvement of Labor Dispute Resolution 14 Adult Guardianship System 15 Judicial Support for Multi-cultural Families 16 Economic Activities After Consumer Bankruptcy and Rehabilitation Procedure 17 Judicial Reform and Training of Jurists in the Netherlands 18 The Thirteen: An Inside Look at the Most Prominent Government Institution in Korea (English) to be published 19 A Guide to Legal Citation (augmented version) 20 United States Patent Trial Practices: U.S. Court of Appeals for the Federal Circuit, U.S. District Court, U.S International Trade Commission, and U.S. Patent and Trademark Office to be published 21 Evidence in French Civil Procedure

18 6. Conferences A Conferences Organization Hosts: 2 times, Co-Hosts: 3 times No. Dates Venue Title Small Conference Room 1, National Assembly Member s Office Bldg. Unification and Law, The Present and the Future Co-Hosts : National Assembly Research Service, JPRI, Constitutional Research Institute Main Conference Room, Seoul Court Complex Policy for Judicial Appointments in the New Legal Era Host: JPRI Judicial Research & Training Institute, Small Assembly Hall Future Courts: How to Win Public Confidence Host: JPRI Korea University Law School Bldg., Veritas Hall Convergence of Public and Criminal Law Co-Hosts: Korean Public Law Association, Korean Criminal Law Association, Legal Research Institute of Korea University, JPRI Seoul Nat l Univ., Centennial Choi Jonggil Hall Symposium on Law Related Text Books for High Schools Co-Hosts: Seoul Nat l Univ. Law Research Institute, JPRI

19 B Conferences Organization Hosts: 1 time, Co-Hosts: 4 times No. Dates Venue Title Seoul Nat l Univ., Woo-chun Memorial Hall Past, Present, Future of the Korean Public Law Co-Hosts : Korean Public Law Association, Korean Administration Law Association, Korean Administration Decision Study Association, Korean Legislation Research Institute, JPRI Seoul Nat l Univ., Woo-chun Memorial Hall Development of Communication Technology & Regulation Reform Co-Hosts : Korean Regulation Law Association, Seoul Nat l Univ. Center for Law & Public Utilities, JPRI New Legal Horizon & Future Judicial Policies: One Year Anniversary Symposium Co-Hosts : JPRI, National Assembly Research Service, Korean Public Law Association, Korean Constitutional Law Association, Korean Seoul Court Complex 1st Fl., Main Conference Room Administration Law Association, Korean Administration Decision Study Association, Korean Association of Civil Law, Korean Association of Comparative Private Law, Korean Criminal Law Association, Korean Civil Procedure Law Association, Korean Regulation Law Association, Insolvency Law Institute, Seoul Nat l Univ. Law Research Institute, Legal Research Institute of Korea Seoul Court Complex 4th Fl. Conference Room University Advanced Design for Korean Trial System Host : JPRI Seoul Family Court Main Hall (Yoongsun) Human Rights and Judicial Supports for North Koreans Co-Hosts : JPRI, UN Human Rights Office (Seoul)

20 C Conferences 4 Co-Hosts(the first half of 2016) No. Date Venue Title Chung Ang Univ. Law School, Room years of Korea Public Law Association and Justice Co-Hosts : JPRI, Korean Public Law Association, Chung Ang Univ. Law School Institute Ewha Womens Law School, Room 405 Current Status of Caring Labor and Legal Protection for Caring Workers Co-Hosts : JPRI, Ewha Legal Science Institute, Ewha Womens Law School Gender Law Research Center Seoul Nat s Univ. Law School, 17-6 Seoam Hall Law: Future Directions in Korea and the U.S. Co-Hosts : JPRI, Seoul Univ. Law School, UC Berkeley Law school Improving Civil Dispute Resolutions for Optimal Protection of Life Co-Hosts: JPRI, National Assembly Research Service(NARS) Reducing Barriers to Class Actions Seoul Court Complex, Main Conference Room - Presenter : Ms. Hong, Jungah(NARS) Actualization of Compensation - Presenter : Prof. Lee Changhyun(Sogang Univ.) Lowering Burden of Proof - Presenter : Prof. Kwon, Daewoo(Hanyang Univ.) Introduction of Punitive Damages in Product Liability - Presenter : Prof. Kim, Chadong(Hanyang Univ.) Public Engagement in Civil Actions - Presenter : Hon., Jung Joonyoung (Seoul High Court)