중판발행 2020.12.04

초판발행 2020.10.31

It is my pleasure to present the Volume 7 of the Korean Yearbook of International Law, which addresses issues in international law with emphasis on topics of special interest for Korea.
The Articles Section covers 5 articles and offers a forum to discuss broad issues related to interpretation of treaties, international human rights law and international environmental law. First, Professor Jae-Ho Sung at Sungkyunkwan University traces back the historical circumstances surrounding the conclusion of the Protectorate Treaty between Korea and Japan in 1905 and thoroughly analyzes numerous relevant legal materials to support the view that the 1905 Treaty through coercion was both procedurally and substantially invalid under international law.

The second article by Dr. See-Hwan Doh at Northeast Asian History Foundation focuses on the recent Korean Supreme Court case brought by the Korean victims of wartime forced labor against Japanese corporations and Japan’s subsequent measure against Korea to restrict export on certain materials essential for manufacturing semiconductors and displays. He addresses the importance of victim- centered approach and universal value of human rights in resolving the forced labor issues.
The third article by Professor Paolo Palchetti at University of Paris 1 analyzes the cases on wartime compensation claims decided by Italian and Korean courts. Professor Palchetti introduces the historical background of the two cases one involving Italy and Germany and the other between Korea and Japan to present similarities between the two cases, followed by discussion on three key issues on the interpretation of waiver clauses in post-war agreement, law of state immunity concerning compensation claims filed by the victims of international crimes and potential conflict between domestic constitutional principles and the rule of state immunity in international law.
The fourth article by Professor Kil-Won Lee at Chungnam National University examines the key features and limitations of the environmental impact assessment system under the Madrid Protocol and the London Convention. He identifies the environmental impact assessment as an general obligation under international law and highlights the factors to be considered when adopting environmental impact assessment procedures.
The last article in Articles Section by Dr. Seoji Choe presents updates on the progress made by Korea's Refugee Act by introducing some of the key standards in relevant court cases and issues related to the amendment to the Refugee Act.
The Special Report Section includes the topics that cover both the public and private international law issues as follows: the trade tension between the United States and Japan and its implication for Korea, opening of Korea's legal service based on Korea-EU FTA, comfort women lawsuits from a legal point of view from private international law, crowdfunding regulation in Korea from private international law perspective, secured transaction in Korea.

The Recent Development Section assembles a selection of recent issues including nuclear energy cooperation between Korea and the United States, entry of China and Russia into Korea's Air Defense Identification Zone, deportation of the fishermen from North Korea, pending cases at WTO involving Korea, a brief summary on Singapore Convention on Mediation and Resolutions made by the National Assembly during the second half of 2019.
The Contemporary Practice and Judicial Decisions Section introduces selected court cases related to public international law and private international law rendered in 2019. The judicial decisions in public international law cover the Constitution Court case, which deals with the constitutionality of Korea’s Act on National Human Rights Commission, Seoul High Court’s decision involving revocation of refugee status, the Supreme Court's decision on the interpretation of a domicile under the Enforcement Decree of the Income Tax Act. The court cases in private international law are provided by Judge Jiyong Jang at Judicial Policy Research Institute. The judicial decisions in private international law cover the Supreme Court's decisions on standard of determining international jurisdiction, law applicable to torts, and insurable interest under the U.K Life Assurance Act.

We would like to express our appreciation to all the authors for making this volume possible. My special gratitude must go to Professor Seung-Hwan Choi, Editor-in-Chief of KYIL for his guidance and support for the editorial team. I also take this opportunity to welcome and thank our new staff editor, Dr. Taewon Kim whose role has been vital in ensuring the high standards of KYIL.
I truthfully hope that you will find the issues in this volume interest and welcome your contribution.

Lee Seryon
Executive Editor
Korean Yearbook of International Law

SUNG Jae-Ho
Professor
Sungkyunkwan University Law School, Seoul, Korea

DOH See-Hwan
Senior Research Fellow
Northeast Asian History Foundation, Seoul, Korea

Paolo Palchetti
Professor of International Law
Sorbonne Law School, University of Paris 1 Sorbonne/Panthéon, Paris, France

LEE Kil-Won
Associate Professor
Chungnam National University, Law School, Daejeon, Korea

CHOE Seoji
Lecturer
University of Seoul Law School, Seoul, Korea

LEE Yong-Shik
Director and Professorial Fellow
The Law and Development Institute, USA
Visiting Professor of Law 175
Georgia State University School of Law, USA 175

KIM Dae-Won
Professor
Seoul City University, School of Law, Seoul, Korea

LEE Jong Hyeok
Assistant Professor
Hanyang University, School of Law, Seoul, Korea

CHUN Changmin
Assistant Professor
Seoul National University of Science and Technology, Seoul, Korea

LEE Jae Sung
Legal Officer
United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria

PARK Issey
Associate Expert
United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria

KIM Han-Taek
Professor
Kangwon National University, Chuncheon, Korea

WON Jae-Chun
Professor
Handong International Law School, Pohang, Korea

​PARK Eon-Kyung
Visiting Professor
Kyung Hee University, Office of Career Development, Seoul, Korea

OH Sun-Young
Associate Professor
Soongsil University, Seoul, Korea

LEE Gyooho
Professor of Law
Chung-Ang University School of Law, Seoul, Korea

CHUNG Min-Jung
Legislative Research Officer
National Assembly Research Service, Seoul, Korea

LEE Seryon
Professor, Jeonbuk National University, Jeonju, Korea

JANG Jiyong
Presiding Judge
Tongyeong branch of Changwon district court, Gyeongsangnam-do, Korea

EDITORIAL NOTE
LEE Seryon

ARTICLES
SUNG Jae-Ho
Re-examination of Invalidity of the Protectorate Treaty between Korea and Japan Concluded in 1905

DOH See-Hwan
Challenges in International Human Rights Law to Solve Issues relating to Victims of Forced Mobilization by Japan

Paolo Palchetti
So Faraway, So Close: Reparations for Victims of Wartimes Crimes before Korean and Italian Courts

LEE Kil-Won
A Study on Environmental Impact Assessments (EIAs) under International Instruments for the Prevention of Marine Pollution: Focusing on EIAs under the Madrid Protocol and London Convention

CHOE Seoji
Current Status and Future Outlook of the Implementation of the Convention Relating to the Status of Refugees in Korea

SPECIAL REPORTS
LEE Yong-Shik
Trade and Politics in Recent Trade Measures by the United States and Japan: An Effect on Korea

KIM Dae-Won
Silhouette of Korean Legal Service Market Opening

LEE Jong Hyeok
‘Comfort Women’ Lawsuits against Japan before the Korean Courts: Legal Issues from the Perspective of Private International Law

CHUN Changmin
Development of Fintech Regulation in Korea from an International Perspective: Focusing on Crowdfunding Regulation

LEE Jae Sung·PARK Issey
Legal Framework for Secured Transactions in Korea

RECENT DEVELOPMENTS
KIM Han-Taek
Law and Practices of the ADIZs over the East China Sea

WON Jae-Chun
The U.S. Nuclear Regulatory Commission’s (NRC) Standard Design Certification Approval of Korean Nuclear Advanced Power Reactor (APR1400)

​PARK Eon-Kyung
Deportation of North Korean Fishermen by the Republic of Korea

OH Sun-Young
A Summary of Recent WTO Cases involving the Republic of Korea

LEE Gyooho
An Overview of the United Nations Convention on International Settlement Agreements Resulting from Mediation

CHUNG Min-Jung
Resolutions related to International Law Adopted in the 2nd Half of the 20th National Assembly

CONTEMPORARY PRACTICE AND JUDICIAL DECISIONS
LEE Seryon
Judicial Decisions in Public International Law (2019)

JANG Jiyong
Judicial Decisions in Private International Law (2019)

The Editorial Board
Persistent Pollutants Control Act

Treaties/Agreements Concluded by the Republic of Korea

INDEX
AUTHOR GUIDELINES AND STYLE SHEET