Specific Provisions Research Articles

Exploring the Cognitive and Affective Dimensions of Abortion among the Women of Tharu Community of Nepal (A Case Study of Badhaiyatal Rural Municipality, Bardiya)

This research article aimed to investigate the existing knowledge and attitudes of Tharu women residing in the Badhaiyatal Rural Municipality of the Bardiya district regarding abortion. This research utilized both primary and secondary sources of data to gather comprehensive insights. The sample population consisted of 172 respondents from the Tharu community. The study revealed that a majority of women possessed knowledge about abortion and exhibited a positive attitude towards its legalization. Furthermore, most respondents demonstrated a positive outlook towards safe abortion and its legalization in Nepal. The study objectives included determining the socio-demographic characteristics of the respondents, assessing their knowledge about abortion, and identifying their attitudes towards abortion in the Tharu community. The methodology employed in this research followed a descriptive design with a quantitative nature. The study area encompassed wards No. 4 and 6 of the Badhaiyatal Rural Municipality in the Bardiya district. The target population comprised women of reproductive age (15-49 years), totaling 516 individuals. Systematic random sampling was utilized as the sampling technique. Data collection involved conducting home visits and employing interview schedules and attitude scales for primary data, along with utilizing records from the Tharu Samaj and various publications for secondary data. The findings indicated that 41.86 percent of respondents defined abortion as the expulsion of the fetus before natural birth, while 12.79 percent considered miscarriage as a form of abortion. Furthermore, 33.72 percent strongly disagreed, and 4.07 percent agreed that a fetus is a living being with the right to be born. The study concluded that the majority of respondents were aged between 15 and 25 years, adhered to Hinduism, and were unmarried. Most respondents were aware of abortion's legalization in Nepal; they lacked knowledge about the specific legal provisions.

The Registration Process of Industrial Property Rights

The objective of this article is to determine the registration process of industrial property rights. This research uses normative law methode, which is a qualitative research method utilizing content analysis of secondary data. In general, the registration process of industrial property rights is by submitting the application to Directorate General of Industrial Property Rights (DJHKI) in writing in Bahasa Indonesia through filling the application form with full identities of the applicant. The application is signed by the applicant or the proxy (holder of authority) along with the attachments of the industrial property rights which are applied to the registration. The registration process of industrial property rights also has different special provisions. The research results show that the registration process of industrial property rights is regulated under Intellectual Property Rights Law and has been in conformity with International Convention.
 Keywords: Industrial Property Rights, Process, Registration

Circulation of Dog Meat for Consumption Purposes in Indonesian Laws and Regulations

The trade in dog meat for consumption has occurred in several places in Indonesia, spread across several cities with special consumers, such as in Medan, Jogjakarta, Bandung, Surakarta, DKI, Manado, Bali. This has attracted public attention, especially animal-loving groups, and has become a national and international concern. Dogs have been slaughtered and consumed by ignoring technical aspects of veterinary public health and animal welfare. The process of cutting dog meat can potentially transmit zoonotic diseases (rabies) and other diseases such as salmonella and ring worm. Several regions in Indonesia have issued regional regulations regarding the prohibition of dog meat distribution. Likewise, there is Law Number 18 of 2009 concerning Animal Husbandry and Health as amended by Law Number 41 of 2014 concerning Amendments to Law Number 18 of 2009 concerning Animal Husbandry and Health; Law Number 18 of 2012 concerning Food; PP No.95/2012 concerning Veterinary Public Health and Animal Welfare, PP No.47/2014 concerning Prevention and Control of Animal Diseases and Circular Letter of the Directorate General of Livestock and Animal Health, Ministry of Agriculture No. 9874/SE/pk.420/F/09/2018 concerning Increasing Supervision of Dog Meat Circulation/Trade. However, in Indonesian law, there are no specific provisions that contain sanctions relating to the capture, trade, slaughter or consumption of dog meat. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach.

Parental experiences of accessing assessments for special educational needs

AbstractAn individual is considered to have special educational needs (SEN) if they require special educational provision to enable them to access education (British Educational Research Journal, 2011, 37, 421). In 2014, a new SEN code of conduct was established, which saw further amendments the following year (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf, 2015). Research has suggested that, prior to these reforms, many parents were dissatisfied with the process of accessing SEN assessments. Literature focusing on parental experiences since the reforms remains limited and often only relates to children with an Education and Health Care Plan (EHCP). This phenomenological research aims to provide an insight into the experiences of parents who have tried to access assessments for their child's possible SEN since the 2014 SEN reforms. Five participants, who had engaged with the SEN system, were selected using purposive sampling. Semi‐structured interviews were used to gain in‐depth qualitative data surrounding their experiences. Thematic analysis of the data indicates that parents are having to persistently fight to access assessments, which can affect the well‐being of the whole family.

Migrant Workers in Seychelles: The Mechanisms in Place to Address Their Work-Related Disputes in the Light of Article 54(2) of the Convention on Migrant Workers

According to the Seychelles Ministry of Employment, as of July 2022, twenty-five per cent of the workforce in Seychelles were migrant workers. In December 1994, Seychelles acceded to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (the Convention). Article 54(2) of the Convention provides that ‘[i]f a migrant worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State of employment.’ In 2008, the Seychelles Employment Act (the Act) was amended to establish the Employment Tribunal (the Tribunal) with exclusive jurisdiction over labour matters. Before an employer or worker lodges a grievance before the Tribunal, he/she is required to first attempt mediation before a competent officer in the Ministry of Employment. The Act includes specific provisions applicable to non-Seychellois workers. In this article, the author read the cases decided by the Tribunal between 2008 and September 2022 to establish how it has protected the rights of migrant workers. The author also assesses the mediation provisions under the Act—before competent officers. The findings show that the Tribunal’s approach substantially complies with Article 54(2) of the Convention. The author also illustrates the extent to which Seychelles complies with Articles 1(2), 25, 26, 32, 37, 43(3) 66(2) and 68 of the Convention. However, where necessary, the author suggests ways in which the rights of migrant workers can be better protected. Although there have been a few reported cases of irregular foreign workers in Seychelles, this article is limited to the protection of the rights of regular migrant workers. This is so because the author could not find a case in which the Tribunal or the competent officer dealt with the rights of irregular foreign workers. However, based on the drafting history of the Convention, it is argued that it applies to both regular and irregular workers.

Public Policy as A Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards: New York Convention, UNCITRAL Model Law and Afghanistan Arbitration Law Perspectives

This article aims to examine the grounds for refusing the recognition and enforcement of foreign arbitral awards based on public policy considerations. It analyzes this issue from the perspectives of three different sources of law: the New York Convention, the UNCITRAL Model Law, and the Afghanistan Commercial Arbitration Law. It discusses the limited scope of the public policy exception under the Convention and the level of discretion given to national courts in applying this ground for refusal. Next, the article explores the UNCITRAL Model Law, which serves as a basis for legislation in many jurisdictions and is often incorporated into domestic arbitration laws. It examines the approach taken by the Model Law towards the public policy exception and compares it to the New York Convention. Finally, the article looks at the perspective of Afghanistan's Commercial Arbitration Law. It analyzes the specific provisions in this law that deal with the recognition and enforcement of foreign arbitral awards based on public policy grounds. Through this analysis, the article aims to provide a comprehensive understanding of how public policy considerations can impact the recognition and enforcement of foreign arbitral awards under different legal frameworks.

There is low adoption of injury prevention programs in community netball

Although neuromuscular injury prevention programs decrease injuries, implementation is challenging. Netball Australia developed the Netball KNEE program – a netball-specific warm-up program designed for netball coaches, players and support staff to enhance movement efficiency and prevent injury. It contains exercises for warm-up/footwork, strength, balance/landing and agility. This study aimed to explore the Reach, perceived Effectiveness, Adoption, Implementation and intended Maintenance of the Netball KNEE program in community netball. Community netball coaches ( n = 257) from 52 community netball clubs completed an online survey on their familiarity with the KNEE program (Reach), satisfaction and perceived effectiveness (Effectiveness), use of the program in training (Adoption), use of specific program components and provision of feedback (Implementation) and intended future use of the program (Maintenance). 66.5% of coaches who responded to the survey were familiar with the KNEE program (Reach), and 43.0% of coaches reported using the program weekly (Adoption). Most coaches who were familiar with the program were satisfied with it (87.2%) and perceived it to be effective in reducing injuries (77.0%) (perceived Effectiveness). Only 58.7% of the 155 of coaches who adopted the program reported using all activity categories (warm up/footwork, strength, balance/landing and agility) (Implementation). Warm up/footwork activities were reported to be used most commonly (by 99.4% of coaches). Reported provision of feedback on program key principles (e.g., take off, landing, deceleration, changing direction) was variable (54.2%–97.4%) (Implementation). Study findings suggest the need for strategies to improve the reach, adoption and implementation of the KNEE program in community netball.

Legal Restrictions on the Judge's Authority to Assess Compensation for the Supposed Damage in Civil Liability

Objective: This study aims to define the legal limitations on a judge's authority to estimate damages compensation. It explores instances where the judge's discretionary power is constrained and cases where individuals determine compensation. The objective is to demonstrate that justice requires the judge to reduce compensation in certain circumstances, indicating the judge's discretion is not absolute. Theoretical framework: Judges possess the authority to estimate compensation in the absence of specific legal provisions or agreements, but their freedom is restricted when there is an agreement or legal text. This principle emphasizes that judges cannot exercise their will and authority without considering these limitations. Method: The research utilizes a qualitative methodology involving legal analysis and examination of relevant legal texts and precedents. It examines cases where the judge's authority to estimate compensation is limited and analyzes the underlying principles of justice. Results and conclusion: Judges have the power to estimate compensation, but their freedom is constrained in the presence of an agreement or legal text. This principle emphasizes the need for judges to consider these limitations when exercising their discretion. Implications of the research: The findings have implications for legal practice, emphasizing the importance of judges being aware of the limitations on their authority in estimating compensation. It underscores the significance of fairness and justice in determining compensation in legal proceedings. Originality/value: This research examines the legal restrictions on a judge's authority to estimate compensation, providing valuable insights into proper compensation estimation and guiding judges to ensure fairness in their decisions.

Between a Rock and a Hard Place: European Disintegration, Brexit, and Gibraltar

This article aims to explore the contours of Gibraltar, a uniquely situated region in Europe and a non-self-governing British overseas territory. It explores the basis for Gibraltar’s continued and maintained presence within the EU after Brexit. Gibraltar’s full accession into the Schengen area, which was expected to be implemented by the end of 2022, is a significant departure from the disintegration that was observable elsewhere in Brexit negotiations but also does not align with the United Kingdom’s staunch resistance to Schengen more generally. This move will potentially result in Gibraltar having more features in common with what the EU refers to as outermost regions, which are remote areas within the EU where special provisions exist. To that end, this variation in approach by the United Kingdom has placed Gibraltar in an altogether different category of its own and invites new questions about the region’s specificity and status, as well as about the process of disintegration more generally. We argue that Gibraltar’s desire to join the Schengen area has presented challenges to the ongoing predicament of Brexit and has exacerbated its outlier position within the EU. This has given rise to specific questions that this article aims to address: What is the current situation of Gibraltar regarding the United Kingdom and the EU? And, what can the case of Gibraltar teach us in terms of disintegration? This article also examines, from a political science perspective, how reclassifying territories can be employed as a vector to facilitate the United Kingdom’s efforts to disintegrate from the EU, but underscores the ongoing issues surrounding the reclassification of Gibraltar and its people, with every effort to do so proving challenging.

Interference in the activity of judicial bodies (Article 376 of the Criminal Code of Ukraine): topical issues of criminal law qualification

The article is devoted to the analysis of certain problematic issues of criminal law qualification of interference with the judiciary. The author emphasizes the importance of criminal law protection of judicial independence and notes the low quality of work of criminal justice authorities in pre-trial investigation and trial of the relevant category of torts. The article analyzes official statistical data (2020 - 2022) and reveals a critical disproportion between the ratio of criminal proceedings registered by pre-trial investigation authorities and indictments submitted to court, as well as the facts of excessive duration of their consideration by courts.The article summarizes the research positions regarding the distinction between interference with the judiciary and other types of unlawful influence on persons involved in the direct administration of justice through the use of mental or physical violence; destruction or damage to property; and attempts on life (Articles 377-379 of the Criminal Code of Ukraine), and identifies two main approaches. The author advocates the position on the correlation of these rules as general and special. The author assesses special rules as the result of differentiation of criminal liability by the legislator. The features of the general rule are detailed in special corpus delicti by specifying the list of victims and methods of criminal behavior. The compliance with the general requirement for the construction of sanctions of criminal law provisions, whereby the sanctions of special provisions (Articles 377-379) differ from the sanctions of the general provision (Article 376) in the direction of strengthening (additional features increase the degree of social danger of torts), should be considered as an additional confirmation. The author supports the position that additional qualification of the guilty subject’s behavior under Article 376 is permissible only if there is a real set of torts.

A Critical Appraisal of Compliance with the Compulsory Treatment and Care for Victims of Gunshot Act 2017

Aim: The practice of demanding police report before gunshot injury victims receive medical care in Nigeria has led to needless loss of life in several instances. The practice stems from the (mis)application of the Robbery and Firearms (Special provision) Act 1984. Thus, the Compulsory Treatment and Care for Victims of Gunshot Act 2017 was enacted to mandate expedite medical treatment for gunshot victims without demand for police report.
 Methods: Adopting the doctrinal research methodology, this paper assessed the legacy of the Robbery and Firearms Act on the treatment of gunshot injury victims. It equally examined medical practitioners’ level of compliance with the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017 and the legal implication of non-compliance, while highlighting remedial options available under the law.
 Results: The study found that despite the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017, gunshot victims are still haunted by the ghost of the Robbery and Firearms (Special Provision) Act. Medical practitioners are still uneasy about the treatment of gunshot casualties without police reports due to apprehension about police harassment.
 Conclusion: This paper concludes that the lack of publicity about the current realities of the law and lack of coordination between medical practitioners, police officers and other key stakeholders is responsible for non-compliance with the Act.
 Recommendation: The study therefore recommends the need for enforcement of professional and penal sanctions against erring medical practitioners who fail to provide expedite medical treatment for gunshot injury victims.

INSTRUMEN RATIFIKASI PERJANJIAN PERDAGANGAN INTERNASIONAL: REZIM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XVI/2018

The intrusive character inherent in international trade agreements makes the particular form of the treaty unique compared to other treaties. The trade agreements' intrusiveness means the treaty impacts individual rights relatively more than other treaties on its implementation. Confirming such a particular character, the Indonesian Constitutional Court, via its Decision No. 13/PUU-XVI/2018, provides additional criteria for the treaty ratified through an act, in addition to the general forms of treaties. This study comprehensively discusses the consistency of the instrument form and the clarity of the reference regulations related to the procedure for ratifying the international trade agreement in Indonesia after the ruling of the 2018 Constitutional Court Decision. This study uses a normative juridical approach by making a library of data covering principles, laws, and regulations or legal theories relevant to research as the main material. The study shows that Constitutional Court Decision No. 13/PUU-XVI/2018 has allowed the international trade agreement to be ratified consistently using a legislative act replacing the past practice of using a presidential act. Moreover, the provisions on international trade agreements ratification under Indonesian trade law and Indonesian treaty law must be enforced using "lex specialis derogat lex generalis" principle. Although they share the same norms after the Constitutional Court's Decision 13/2018, specific provisions under the trade law prevail over the general provisions of the Indonesian treaty law.

Sustainable Construction Transition (SCT) Policy Regime in Kenya

The global construction industry is lagging in transitioning to sustainability, and the Kenyan construction industry is not excluded. As a result, and in response, there are Kenyan policies with specific provisions on SCT. Despite this progress, there is limited empirical research on their scope and implementation dynamics. Against this backdrop, this study examined Kenya's SCT policy regime regarding its priorities, instruments, and stakeholder orientation, including any inherent shortcomings. This aimed to make appropriate recommendations for an improved SCT policy regime to enhance and optimise industry SCT performance. Qualitative research design, specifically, qualitative content analysis technique, was used to analyse the 34 policy documents identified. The findings indicate that the regime: priorities – primarily focus on environmental sustainability targeting strategic and tactical implementation levels with minimal focus on SCT socio-economic objectives and operational level of implementation, which reduces its comprehensiveness; instruments – driven by regulations, the constitution, and Acts of Parliament, as well as codes, guidelines, and plans, from multiple sources, primarily aimed at regulation and control and not the other policy instruments functions hence not delivering on their full potential; and, stakeholder orientation – primarily targeting developers/owners/occupiers and government with less focus on the other stakeholders and thus not leveraging their specific roles in SCT supply chain. The resulting recommendations were: priorities – need for improved focus on SCT's socio-economic objectives and operational level of implementation; instruments – need for a central database and leveraging them to support economic incentives, supporting activities, liability compensation, education and information, voluntary programs, and management and planning; and, stakeholder orientation – improved targeting of contractors, suppliers/producers/manufacturers, professional consultants, non-governmental and civil society organisations, and media. Lastly, given that this study focused on SCT policy evaluation, future research can focus on other parts of the policy-making process. Keywords: Business, Construction, Content analysis, Kenya, Performance, Planning, Policy regime, South Africa, Strategy, Sustainability, Sustainable Construction Transition (SCT).

Virtual(-only) shareholders' meetings in Italian listed companies: quo vadis?

The article focuses on the legacy, if any, once the pandemic crisis is over, of the Italian emergency legislation re: the participation in the shareholders' meeting by means of telecommunications, with particular attention to the regulation of listed companies. Specifically, the topic of virtual(-only) meetings is addressed with a view both to investigating the reasons for their scarce use by Italian listed issuers, and to understanding whether the ability to intervene remotely can become a default rule in Italy. To this end, after analyzing the peculiarities of the Italian legal system – which, de facto, have limited the "virtualization" of the meetings, given that, inter alia, in the absence of a specific express provision in the by-laws, a virtual-only meeting appears not to be admissible under Italian law –, possible solutions de lege ferenda that may justify a "generalized" regime of virtual meetings in the Italian system will be illustrated.

Artificial intelligence on public sector in Portugal: first legal approach

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.

INTERNATIONAL LEGISLATIVE EXPERIENCE IN THE SPHERE OF REGULATION OF AIRSPACE AND OUTER SPACE LEGAL REGIME

The article considers the experience of regulating the established legal regime for the use of airspace and outer space from the point of view international law norms and legislation of the Republic of Kazakhstan and other countries. During the research of this issue, legal norms were analyzed, as well as the features of the legislations development in these fields. The boundary of space is given increasing importance because air law and space law have differences in their rules. These branches of international law are based on different principles and have different legal regimes. And these differences must be taken into account, in connection with new developments in space operations, including space tourism (flights), and the increasingly ambitious and far-reaching programs of some space powers. The relevance of the subject matter is determined by the risen interest of the majority of states in the world to the use of these areas for commercial purposes and more recently for military purposes. These processes have created new legal challenges to space law. This study reveals the need to adopt specific legal provisions in the field of exploration and use of outer space. As a result of the rapid pace of technological development, as well as taking into consideration the trends in developing commercial space activities, it became necessary to adopt international documents, specific legal provisions regarding the control of the activities of states in this sphere. The study also concludes, that the current airspace concept, needs to be updated in terms of its flexibility and adaptability to current changes.

Grounds for admitting a mentally ill person without their consent to a psychiatric hospital under the application procedure.

The purpose of this article is to present the authors´ comments on the analysis of the conditions for admitting a person to a psychiatric hospital against their will on the basis of a judgment issued by a guardianship court as part of proceedings initiated at the request of an authorized entity, and the assumptions contained therein are based on applicable normative acts. The method of analyzing the current provisions of medical law was used, and of the social security law were also referred to. The judicature of the courts, in particular the Supreme Court, was collected, presented and considered, which constitute a practical guide in assessing whether or not the conditions for admitting a patient to a psychiatric hospital without their consent have been met. Placing a mentally ill person in a psychiatric hospital without their consent, in a situation where the person does not pose a direct threat to their health and life, or to the health and life of third parties, and does not pose a threat to public safety, is quite a specific restriction of the human right to freedom, sanctioned by the state. The provision of Article 29 (1) of the Mental Health Act is a special provision, it should be interpreted strictly, without referring to the principles of broad interpretation or analogy, and the supreme directive of the courts' actions should be the requirement that the ruling should be purposeful from the point of view of the good and interest of the person concerned.

Protective Discrimination in Favour of Backward Classes under Indian Constitution

The oppression of the weaker segment in the society is a well known fact to all people. The subjection of the weaker segment of the society to one or the other kind of discrimination and suppression at the hands of the advanced and the society’s dominant sections are as old as Adam. They had been suffering a lot in each and every day throughout their lives. They had been made subject to discrimination in one way or the other at stages in their life. This evil had to be nipped in the bud, however now as aftermath, it has ended up a massive tree with its roots deeply buried in the Indian society. The higher crust rules and regulations of democracy are everywhere. The framers and makers of our constitution were thoroughly conscious about the distressed condition of these weaker sections. They tried to put their best foot forward to lift the weaker segment by offering a few special provisions within the constitution like Equality under Article 14 and Article 15 prohibiting discrimination and many more. In a number of the Articles, the framers of our constitution have provided additional privileges in favor of the weak and backward segment of the society. In other words, it means that the makers of the constitution have provided protective discrimination within the constitution.

CYBER NOTARY IN INDONESIA: REVIEW DURING THE COVID-19 PANDEMIC AND THE URGENCY OF POST-PANDEMI COVID-19 LEGAL REGULATIONS

The role of the notary is required to be able participate in the development of technology and information, because in an electronic transaction is very possible for the intervention of a notary as a trusted third party. It is very inappropriate if the notary still uses conventional methods in providing services, because speed, timeliness and efficiency are needed by the parties. So, the research problem can be formulated as follows: How is the development of cyber notary in Indonesia? Why is cyber notary regulation so urgent in Indonesia after the Covid 19 Pandemic? In this research, the authors objectively describe cyber notaries in Indonesia. This research is normative research with the authors arranged descriptively through a qualitative approach. There are no specific legal provisions that regulate cyber notaries, while the use of cyber notaries is increasingly urgent during the pandemic era, such as the Covid 19 Pandemic. However, due to the absence of regulations governing cyber notaries, there were several problems in implementing cyber notaries during the Covid 19 Pandemic era. Therefore, after the Covid 19 Pandemic there was a need for special regulations governing cyber notaries. This is because the Notary Office Law, which has been the legal basis for implementing cyber notaries, actually has several articles and provisions that hinder the implementation of cyber notaries.

조선인에 대한 미불금 공탁의 특례적 법령에 관한 연구

In post-war Japan under GHQ/SCAP, the policies of GHQ and the Japanese government conflicted over the handling of unpaid wages for forced labor victims from former colonies, such as Koreans. While GHQ ultimately instructed debtors, companies and business owners, to deposit them in special management accounts, etc. in order to pay outstanding payments to Koreans, the Japanese government has since 1946 decided to deposit them with each local legal bureau in accordance with the deposit procedure under the Civil Act. instructed that In general, Japanese debtor companies and others followed the instructions of the Japanese government. After 1949, when the conclusion of the Japan Peace Treaty was expected and the end of GHQ’s military rule was imminent, GHQ eventually instructed the Japanese government to devise separate measures regarding the deposit system for overseas creditors, including Koreans, unlike the existing deposit procedure under the Civil Act, as a realistic alternative. Accordingly, on February 28, 1951, ｢Prescript on Special Cases on Deposit for the Purpose of Repayment of Debts to Foreigners, etc. Living Abroad｣ (Prescript No. 22) and ｢Debt Repayment to Foreigners, etc. An Ordinance on the Enforcement of the Decree on Special Deposits (Ordinance of the Ministry of Justice, Ordinance of the Minister of Justice No. 1) was also enacted and promulgated. Since then, the Prescript on Special Cases in Deposit has been amended 8 times and the Enforcement Ordinace has been revised 9 times. This study focused on analyzing the meaning and characteristics. The main characteristics of the Prescript on Special Cases of Deposit and its Enforcement Ordinace are as follows. First, the funds of ‘foreigners residing abroad’ are specially deposited and transferred to the ‘yen account, bank of Japan’, the ‘statute of limitations’ prescribed in the existing civil law does not apply, and the right to request refund by the government delegation representing individual creditor was recongnized in the two laws. This is a very unusual special measure. In addition, it contains special provisions for deposit procedures and procedures unlike the existing civil law regulations. Second, Article 1 of the Enforcement Ordinace enumerates ‘overseas’ areas that are not included in Japan’s annexed islands, including ‘Ulleungdo, Dokdo(Take-shima), and Jejudo’. This is the one I have confirmed and reported as a thesis for the first time. Third, the main points of the revised contents of the two laws are the deletion of GHQ’s deposit order and procedures, the deletion of the clause on the right to claim refund by the government delegation representing individual victims, and the inclusion of clause Dokdo etc., as annexed islands of Japan. It is the point that the clause about overseas regions was deleted. Overall, the above content restricts the deposit procedure for unpaid money for Korean victims of forced labor, lowers the possibility of claiming the deposit, and restricts the procedure, and can be regarded as an amendment to delete provisions unfavorable to the claim to sovereignty over Dokdo.