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Regulations on the publication of “The Justice”

Regulation No. 6 January 15, 2001
Revised June 23, 2008
Revised January 13, 2009
Revised January 18, 2010

Article 1 (Purpose)
The purpose of this regulation is to establish standards, procedures and other necessary matters concerning the editing, production, and distribution of the Journal of the Korean Society of Law (hereafter referred to as “the Journal”) published by the Korean Society of Law (hereafter referred to as “the Society”).
Article 2 (Characteristic)
Under Article 3 (1) of the Articles of Association of the Society. This journal is a legal journal in support of research presentations on jurisprudence and serves as a publication site for announcements to be made publicly or externally by the Society.
Article 3 (Title and Number of Issues)
  1. The title of the Journal will be “The Justice.”
  2. The Journal will be published six times annually on February 1st, April 1st, June 1st, August 1st, October 1st, and December 1st, and special issues may be published when necessary.
  3. Submission date (YYYY/MM/DD), completion date of examination (YYYY/MM/DD), and date of confirmation of publication (YYYY/MM/DD) are to be included in the works published in the Journal < Revised January 18, 2010 >
  4. The Journal may be published as a memorial or special issue by the decision of the editorial board.
Article 4 (Subject matter)
  1. The Journal publishes papers, case reviews, materials, and announcements.
  2. The Journal may feature papers and discussions from conferences.
  3. The Journal may include necessary advertisements upon request.
Article 5 (Supervision)
The publisher of the Journal becomes the director of the Society, and the editor becomes the editor-in-chief.
Article 6 (Editorial Rights)
  1. Editing of the Journal must go through the deliberation of the editorial board (hereinafter referred to as “the Board”).
  2. The director of the Society may request reconsideration if there is an objection or matters requiring revision in the editorial plan or content determined by the editorial board.
  3. If the editorial board reaches a unanimous decision with respect to the request of the director, the matter will be determined by the executive board.
Article 7 (Fees)
A prescribed fee may be paid to the author for manuscripts published in the journal.
Article 8 (Distribution)
The Journal shall be distributed free of charge to members and associate members of the Society, public libraries, and related organizations. However, non- members may be charged.
Article 9 (Electronic-Publishing)
  1. Publication of The Justice refers to both print and electronic publications.
  2. The Society has the right to transmit and distribute on the internet and other electronic media, manuscripts and other articles published in The Justice, and the author may not assert any monetary rights unless special circumstances are present.
Provision
  1. This regulation shall come into effect on January 15, 2001.
  2. The term of office of the editorial board before the enforcement of this regulation is January 15, 2001.
Supplementary Provision
This regulation shall be in effect beginning June 23, 2008.
Supplementary Provision
This regulation shall be in effect beginning January 13, 2009.
Supplementary Provision
This regulation shall be in effect beginning January 18, 2010.

Regulations on the Editorial Board of the Journal of the Korean Society of Law “The Justice”

Regulation No. 8 June 23, 2008

Article 1 (Purpose and characteristics)
The purpose of this regulation is to enact rules regarding the establishment and operation of the editorial board for the review and evaluation of the The Justice published by the Korean Society of Law (hereafter referred to as “the Society”) to contribute to the improvement of interdisciplinary research by publishing scholarly research papers in the legal field.
Article 2 (Composition and Term of Editorial Board)
  1. The editorial board (hereafter referred to as “the Board”) shall be appointed to deliberate matters regarding the planning and editing of the publication of The Justice.
  2. The Board shall consist of an editor-in-chief and no more than 15 members. The Board must include two judges, two prosecutors, two attorneys, and two law professors.
  3. The editor-in-chief becomes the research director of the Society, and members are appointed by the director on recommendation by the executive board.
  4. The term of office of members shall be one-year and renewable.
Article 3 (Duties of the Board)
The Board shall perform the duties specified in the following sub-paragraphs:

  1. Planning, editing, and publishing of The Justice.
  2. Examination of papers submitted to The Justice.
  3. The final confirmation of the results of the papers scheduled to be published and the decision to publish.
  4. Various matters requested of the Board by the director of the society or the editor-in-chief.
Article 4 (Operation of the Board)
  1. The Board must deliberate and decide on the editing plan one month before publication of The Justice.
  2. The director and the head commissioner of the Society may convene the Board, if necessary.
  3. The editorial board will deliberate in the presence of a majority of Board members and approval of the majority of the members in attendance. The director of the Society may attend the committee meeting but may not exercise voting rights.
Article 5 (Maintenance of Dignity and Confidentiality)
  1. The editorial board must maintain dignity as a representative of the authority of the Society.
  2. The editorial board must not divulge confidential information obtained in the course of business, and shall respect the privacy of persons involved in the contribution of works, and other academic activities.
Article 6 (Objections Regarding Editing)
  1. If an objection is raised regarding the editing or an opinion on a duplicate publication or plagiarism is submitted, the Board must review it without delay and take appropriate action.
  2. If the vote of the head commissioner is required by the Board, a call may be demanded after informing the author.
Supplementary Provision
This regulation shall be in effect on June 23, 2008.

Regulations of the evaluation of papers published in “The Justice”

Regulation No. 8 June 23, 2008
Revised January 18, 2010

Article 1 (Purpose)
This regulation establishes a reasonable and fair judging process in deciding whether to post papers, judicial precedents, and other manuscripts submitted for publication in The Justice published by the Korean Society of Law (hereafter referred to as “the Society”).
Article 2 (Evaluation of Manuscripts)
  1. The papers to be published (including judicial precedents, the same shall apply hereafter) must be submitted to the editorial board after examination by the judges commissioned by the editorial board on the adequacy and academic level of the content. However, if the editorial board recognizes that it has been verified as a paper published at the academic events of the Society, the examination may be waived.
  2. A paper that has been reviewed as described above will be published in The Justice upon the final publication decision of the editorial board.
    1. Papers published at the academic events of the Society or other articles requested by the Society
    2. Research papers from professors at universities in Korea and abroad
    3. Papers from law practitioners such as judges, prosecutors, lawyers, etc.
    4. Research paper by a doctoral degree holder
    5. Research papers of certified legal practitioners
    6. Research papers from those who have obtained approval from other editorial boards
  3. The editorial board may decide whether to publish other materials or book reviews.
Article 3 (Conditions of Publication)
  1. Only one paper per author may be published in the same issue.
  2. The paper must be original; articles that have been published elsewhere or will be published in other journals are excluded from evaluation and publication.
Article 4 (Appointment of Judges)
  1. The editorial board will appoint an editorial board member who is an expert in the related field as the judge without disclosing the author for the evaluation of the paper.
  2. The editorial board may request that a person who has been appointed as a judge submit a list of their research works from the past three years in order to select an impartial judge.
Article 5 (Examination Items)
Judges shall examine papers based on the following criteria:

  1. Originality and appropriateness of theme
  2. Validity and reliability of the study
  3. Logical completeness of research methods
  4. Academic content and contribution to academia
  5. Other criteria specified by the editorial board
Article 6 (Evaluation Procedure)
The judges must evaluate the papers to be judged on the following criteria:

  1. The evaluation for each submitted paper is made by three judges.
  2. The judges shall evaluate the submitted papers and submit the results to the editorial board in an evaluation report.
Article 7 (Evaluation Method)
  1. Papers are evaluated anonymously.
  2. Judges may not evaluate their own paper.
  3. Judges shall evaluate the results as one of the following and report it to the editorial board:
    1. Publication after minor revisions
    2. Publication after revision
    3. Re-evaluation after revision
    4. Publication denied
  4. If the results of each evaluation fall under clauses 2 or 3 of the preceding paragraph, the judge must state the specific reason in the evaluation report.
  5. The editorial board decides on the basis of the results of each evaluation whether or not a submitted paper will be published.
  6. If the author does not accept the decision or if the decision of the judges are not in agreement, the editorial board decides whether a paper is published, revised, or not published.
  7. The attendance of a majority of the members of the editorial board shall constitute a quorum, and the quorum for the publication of articles shall be a majority of those in attendance.
  8. Publication is in the order announced, which may be adjusted by the editor-in-chief.
Article 8 (Notification of Results and Confidentiality)
  1. The editor-in-chief must notify the author(s) of each submission.
  2. The list of judges and the evaluation reports on the submitted papers shall not be disclosed unless there are special circumstances.
Article 9 (Publication Procedure of Papers)
The authors of the articles whose publication has been confirmed must be notified individually.
Article 10 (Payment of Evaluation Fees)
The judges may be paid a prescribed examination fee within the budget of the Society.
Supplementary Provision
This regulation shall be in effect on June 23, 2008.
Supplementary Provision
This regulation shall be in effect on January 18, 2010.

Regulations on the Writing and Submission of Papers published in “The Justice”

Regulation No. 9 June 23, 2008 Revised January 18, 2010

Article 1 (Purpose)
The purpose of this regulation is to provide provisions on the writing and submission of papers, judicial precedent, and other manuscripts (hereafter referred to as “the Manuscripts”) to be published in The Justice by the Korean Society of Law (hereafter referred to as “the Society”).
Article 2 (Qualification for Submission)
The Justice's submission criteria are as follows, and co-authoring is permissible:

  1. Those who are requested to submit articles such as manuscripts from academic events by the Society
  2. Domestic and foreign former/current law professors
  3. Law practitioners such as judges, prosecutors, and attorneys.
  4. Doctoral degree holders
  5. Certified legal professionals
  6. Those who have been approved by other editorial boards
Article 3 (Submission Method)
  1. All manuscripts must be submitted through the Electric Editorial System (EES) at https://dbpiaone.com/lawsociety/index.do
  2. The secretary-general of the Society must confirm with the author the date of submission of a manuscript.
Article 4 (Specification of Duplicate Submission)
Publishing manuscripts submitted to The Justice in other journals either simultaneously or in a sequential manner must be noted on the cover of the manuscript (marked in red) and verbal notification must be given at the time of submission.
Article 5 (Amendment of Papers)
Authors shall endeavor to incorporate the opinions of the judges presented in the process of dissertation as much as possible and to reflect them in the paper. If they disagree with the suggestions of the judges, they must notify the editorial board of their reasons in written form.
Article 6 (Instructions for Preparing Papers and Judicial Precedent)
  1. Papers and judicial precedents should be prepared and submitted as follows:
    1. In principle, terms should be in Korean, but Chinese or another foreign language may be used.
    2. The titles of tables must be written at the top and descriptions should be written below. The title and description of figures should be written below. Tables and figures must be marked with separate serial numbers.
    3. The first section of the text should begin with the introduction and the content in succession as follows:
      1. Korean title (written with footnotes when writing with support from other institutions)
      2. Korean authors' names (author’s affiliation and title are listed before the author’s name)
      3. Summary of paper in Korean
      4. Korean keywords (5 words or less)
      5. Main text [always with exact footnote(s)]
      6. References (on a separate page at the end of the text)
      7. Summary in English (one A4 sheet, English title, author’s name in English, footnote containing organization and title)
      8. English keywords (5 words or less)
  2. The size and editorial standard of paper and judicial precedent to be submitted are as follows:
    1. The manuscript must not exceed 30 pages, be in A4 size, and the division of the same manuscript may be made only by decision of the editorial board.
    2. The manuscript should be written in a word processor (‘Hangul’).
    3. Edited paper should conform to the following specifications (A4): top and bottom margins 18.5, left and right margins 24, header 10, bottom 18.5, and footer 10.
  3. The order of the table of contents and font size of both the paper and the judicial precedent is as follows:
    1. Table of contents number I. Roman numerals 1. Arabic numerals (1) Parenthesis number 1) Semi-parenthesis number ① Circle number
    2. Font size
      Title Font (Size)
      Footnote Shin-Myung Tae-Myungjo (8.5p)
      Text Shin-Myung Tae-Myungjo (10.5p)
      A. Shin-Myung Tae-Myungjo (11.5p)
      Text Shin-Myung Tae-Myungjo (10.5p)
      Footnote Shin-Myung Tae-Myungjo (8.5p)
  4. The citation of papers and the treatment of footnotes in the preparation of papers and judicial precedents shall be in accordance with the “standards for writing papers and citing documents” as prepared by the Korea Law Professors Association(s).
Article 7 (Citation)
Citations shall be as follows except as otherwise noted or as provided in paragraph 4 of the preceding Article.

  1. When citing for the first time:
    1. Paperback: Author, signature (English signature in italics), publisher, year of publication, pages.

      Hong Kil-dong, Bond detail, Pakyoungsa, 2007, 15pp (when citation is from more than one page :15-17pp or 15pp or less).
      George J. Kovtun, The Spirit of Thomas. Martin's Press, 1990, p. 5.

    2. Papers: Author, title of paper (enclosed in quotation marks), journal name (English title: in italics), volume, year of publication, page (where applicable, the publisher may be listed).

      Hong Kil-dong, “Dignity and value as human beings,” The Justice issue 107(2007. 4), 20pp. William W. Boyer, “Major United States Policy Difference with Europe,” Internal Area Rev. Vol. 6 No. 2(2008. 3), pp. 12-15

    3. 3. Judgment cases: abbreviated name of sentencing court and type of trial, sentence date, case number.

      Constitutional Court 1993. 7. 23, 92Con-F20.
      Supreme Court case 1998. 1. 7, 1334C1111.
      Supreme Court ruling 2005. 2. 5, 2005E123.
      Seoul Supreme Court ruling 2007. 4. 9, 2006B1234.
      Seoul Central District Court ruling 2006. 9. 8, 2005 Civil Settlement Agreement 359

  2. Repeated cases:
    1. Paperback: Author, aforementioned book (or the footnote number for the first-time quotation), example: Hong Kil-dong (footnote 5), page 7.
    2. Papers: Author, aforementioned paper (or the footnote number of the first citation may be listed), page
    - For foreign documents, lbid. Op. cit. (or the footnote number of the first citation may be used).
    (This “three” should be consistent with “1” and “2” in circles above) 3. When citing several documents or precedents, separate with a semicolon (;)
Article 8 (Organization of References)
  1. Documents should be arranged with domestic documents followed by foreign documents. Asian documents should be arranged using the Korean alphabet, and Western documents should be arranged in alphabetical order.
  2. The sequence of reference documents should be in the following order: 1) paperback books; 2) papers; and 3) other materials.
  3. The citation method of the document shall be in accordance with the method in Article 7 without the page number.

    Hong Kil-Dong • Korea, Theory of Constitution, Pakyoungsa, 2005.
    Hong Il-Dong, Civil Execution Act, Bobmunsa, 2006.
    _____. The Practice of Conservative Measure, Bobmunsa, 2005
    Hwang Kil-Dong, “Dignity and Value as a Human Being,” The Justice issue 107 (2007.4).
    Kovtun, George J., The Spirit of Thomas. Martin's Press, 1990.
    Boyer, William W., “Major United States Policy Difference with Europe.” Internal Area Rev. Vol. 6 No. 2 (2003).

Supplementary Provision
This regulation shall come into effect beginning June 23, 2008
Supplementary Provision
This regulation shall come into effect beginning January 18, 2010

Regulations on the Research Ethics of “The Justice”

Regulation No. 10 June 23, 2008
Complete Revision January 18, 2010

Article 1 (Purpose)
The purpose of this regulation is to establish submission ethics related to content including papers, judicial precedent, materials, and other manuscripts (hereafter referred to as “manuscripts”) that are published in "the Justice" the Journal of the Korean Society of Law (hereafter referred to as “the Society”)
Article 2 (Submission Guidelines)
  1. An author (hereafter referred to as “author”) intending to submit a paper to The Justice must submit a manuscript that meets the following criteria:
    1. The author must comply with the general principles of citation of academic works in writing manuscripts.
    2. Manuscripts must be original and must not have been published in other journals or publications.
    3. A work that partially utilizes a work previously published by the author and analyzes it by adding new academic points may be submitted provided such processes have been noted.
    4. The same criteria as in clause 3 apply to works written by using an author’s master’s or doctoral theses that have not been published in other journals or publications.
    5. Works may not have been forged or utilized altered research data or research results.
    6. When submitting a translated work of a foreign author, written consent of the copyright holder must be attached.
    7. If there are two or more authors the role of each author must be indicated. The author who contributed the most to the research and to writing the paper is designated as the “main author,” and the author who contacted the editorial board of The Justice and the secretariat in the process of submitting, reviewing, or publishing the paper is designated as the “corresponding author.”
    8. In order to be considered a co-author, a person who has contributed to or made a significant contribution to the research contents or results must be listed as an author, and a person who has not contributed should not be listed as an author for the purpose of expressing appreciation or honor.
Article 3 (Prohibition of Plagiarism)
  1. The author must not plagiarize the contents of the works of others.
  2. It will be considered plagiarism to present a portion of another author's work as one's own work even in the event of referencing from this source multiple times.
Article 4 (Citation/Re-citation and References)
  1. When citing published academic material, the author must describe it accurately and must disclose the source unless the material is considered to be of common knowledge. Materials obtained through personal contacts may be cited only after obtaining the consent of the researcher who provided the information.
  2. When citing the works of another author, the author must disclose it through a footnote (post-quote). These notations must enable readers to understand which materials are the result of previous research and which materials are the author's original ideas, claims, and interpretations
  3. When re-citing another author's work, the author must disclose the re-citation.
Article 5 (Editorial Board's Decision on Publication)
  • The editorial board is responsible for deciding whether or not to publish submitted manuscripts and should respect an authors' character and independence as a scholar.
  • The editorial board must treat the submitted work fairly based only on the quality of the work and on the submission, and review regulations regardless of the author's gender, age, affiliation, and any prejudice or personal relationships that may exist.
  • The editorial board must refer the submitted work to a judge who has expertise and impartial judgment in the relevant field.
  • The editorial board must not disclose the details of the author or the contents of the work until the publication of the submitted work is decided.
  • Article 6 (Duties of Judges)
    1. The judges must respect the character and independence of the author as a scholar and must evaluate submitted manuscripts fairly based on the quality of the work and the regulations for submission and evaluation.
    2. The judges must declare their judgment in the evaluation report, and grounds should be specified for those parts that are deemed necessary to be corrected or supplemented.
    Article 7 (Establishment/Composition of the Ethics Committee)
    1. The Justice Ethics Committee (hereafter referred to as “the Committee”) shall be established to achieve the objectives of this Regulation.
    2. The Committee shall consist of the Director of the Korean Society of Law, the General Manager, the Planning Director, the Research Director (editor-in-chief), and four members appointed by the Director of the Society, and the Director of the Society shall be the head commissioner (hereafter referred to as “the head commissioner.”)
    3. The head commissioner convenes a meeting of the Committee and becomes its chairman.
    4. The meeting shall commence with a majority of committee members present, and approval of a majority of the members who attend unless otherwise specified.
    5. Meetings are held on a principle of non-disclosure, and when deemed necessary by the Committee, may be heard by an attendee.
    Article 8 (Rights and Duties of the Ethics Committee)
    1. The Committee may require informants, examinees, or witnesses to attend and submit materials during the investigation process.
    2. The Committee may take appropriate steps to prevent the loss, destruction, concealment, or alteration of evidence.
    3. The members of the Committee shall maintain confidentiality with respect to matters concerning deliberation.
    Article 9 (Investigation of Ac of Violation)
    1. The Committee shall investigate the existence of any act or violation of this regulation (hereafter referred to as “violation”) in the event of a detailed report or considerable suspicion.
    2. The Committee may request the attendance of informants, examinees, or witnesses and reference persons, in which event the examinee must comply.
    3. The Commission may require the examinee to submit materials.
    Article 10 (Protecting the Rights of the Informant and Examinee and Confidentiality)
    1. In no event shall the identity of the informant be directly or indirectly exposed and the identity of the informant must not be included in the report unless it is absolutely necessary.
    2. Confidentiality must be maintained to ensure that the honor or rights of the examinee are not infringed until verification of the violation is complete.
    3. Any information relating to the investigation, such as a report, investigation, deliberation, or resolution, must be kept confidential. Any person who directly or indirectly participates in the investigation must not unreasonably disclose any information obtained during the investigation or through the performance of one's duties. However, if necessary, disclosure is possible through the deliberation of the Committee.
    Article 11 (Exclusion/Evasion)
    1. Members who have a direct interest in the investigation are excluded from the investigation and deliberation or resolution of the matter.
    2. If the informant or the examinee finds it difficult to expect fairness from a committee member due to special circumstances, he or she may file an appeal for exclusion citing an appropriate reason. If the appeal is approved, the committee member must be excluded in the investigation and deliberation or resolution of the matter.
    3. A committee member may recuse him or herself from a case with the permission of the head commissioner on the grounds of clauses (1) or (2).
    Article 12 (Guarantee of Opportunity to Defend and Obligation for Cooperation)
    1. The Committee shall ensure that the informant and the examinee have the same opportunity to express opinions and objections, and shall notify them in advance of the relevant procedures.
    2. An author who has been reported to the Committee as being in violation of these regulations shall be given sufficient opportunity to defend him or herself, and if necessary, must cooperate in the investigation of this matter.
    Article 13 (Judgment)
    1. The Committee shall determine the results of the investigation based on the content of the objection or counter arguments.
    2. The Committee shall make a decision confirming whether or not the conduct of the examinee is a violation, in relation to the investigation, by the attendance of the majority of committee members and a two-thirds vote of committee members in attendance.
    Article 14 (Sanctions in case of Violation)
    If an author submits a manuscript in violation of these regulations, the editorial board may impose the following sanctions on the author at the discretion of the Committee:
    1. Restitution of manuscript fees
    2. Prohibition of publishing in The Justice for more than six months or less than three years depending on the extent of the violation.
    3. If published in The Justice, possible retroactive removal from The Justice and removal from the list of works.
    4. Notice of violation may be published in The Justice and on the website of the Korean Society of Law.
    5. Notification of violation of this regulation may be sent to the National Research Foundation of Korea.
    6. Sanctions prescribed by the Ethics Committee as required for compliance with other ethics regulations
    Article 15 (Notification of Results)
    The head commissioner shall write a report of the decision made by the Committee on the findings of the investigation and shall notify the persons concerned including the informant and examinee without delay.
    Article 16 (Re-Deliberation)
    If the examinee or the informant objects to the decision of the Committee, they may request in writing a re-deliberation by the Committee within twenty days from the date of receipt of notice in Article 15.
    Article 17 (Follow-up such as Restoration of Honor)
    If the investigation confirms that there has not been a violation, the Committee may take appropriate action to restore the honor of the examinee or alleged offender.
    Article 18 (Storage and Disclosure of Records)
    1. Records relating to the investigation must be retained for a period of five years from the conclusion of the investigation.
    2. The results should be reported to the Editorial Board of the Korean Society of Law after judgment has been reached. However, if there is a possibility that information such as the name of the informant, investigator, testifier, or advisor may be exposed, this information may be excluded from disclosure by decision of the Committee.
    Supplementary Provision
    This regulation shall come into effect on June 23, 2008.
    Supplementary Provision
    This regulation shall come into effect on January 18, 2010.