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Private Security Regulation: A Comparative Study of South Korea and Mongolia (한국과 몽골의 경비업법 비교연구)

  • Lkhagvamm, G;Kang, Min-Wan
    • Korean Security Journal
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    • no.47
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    • pp.139-165
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    • 2016
  • In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

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A Study of Patent Examination Practice for the Use Claims of Cosmeceuticals (기능성 화장품의 특허청구범위 기재)

  • Lee, Mi Jeong;Park, Jung Min
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.40 no.2
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    • pp.215-219
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    • 2014
  • In Korean Cosmetic Act, four uses of functional cosmetics are recognized: skin whitening, anti-wrinkle, UV protection or suntan. Cosmeceuticals, one of the functional cosmetics, have been specifically developed for medical and cosmetic benefits. However, the uses of cosmeceuticals in patent applications are not limited to those of functional cosmetics, and the number is increasing with variety of medical use claims such as anti-inflammatory, prevention of hair loss, or obesity in cosmeceutical patent applications. Since some of the cosmeceutical use claims are not clearly distinguished from medical use claims in pharmaceuticals, there has been a controversy over the extent of granting patents regarding the medical use of cosmeceuticals. In this article, we have investigated the range of medical uses in patented claims of functional cosmetics, summarized examiners' views and discussed the examination practice of cosmetic-related inventions in the United States, Europe, and Japan.

Risk assessment and variety registration of transgenic crops (형질전환작물의 위해성평가와 품종등록)

  • Lee, Keun-Pyo;Kim, Dong-Hern;Kweon, Soon-Jong;Baek, Hyung-Jin;Ryu, Tae-Hun
    • Journal of Plant Biotechnology
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    • v.35 no.1
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    • pp.13-21
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    • 2008
  • Final regulatory steps for commercialization of transgenic crops are risk assessment and variety registration. The risk assessment of transgenic crops requires broad network of scientists, high cost and long term. Developers of transgenic crops, therefore, face to additional challenges to consider theoretical and strategic aspects on risk assessment. The general concept for risk assessment of genetically modified organisms was derived from chemical risk assessment. Due to the complexity of organisms, however, comparative approaches that are substantial equivalence and familarity have been developed. In practical view, the integration of risk assessment is more difficult than the evaluation of each risk factors involving gene flow, toxicity and allergenicity. Variety registration of transgenic crops requires the results of risk assessment compared with non-GM crops and agronomic data analyzed with standard varieties. For economic and fast commercialization, risk assessment process should combined with condition of cultivation test for variety registration.

A Comparative Study on Professional Qualification Factors of Archivists and Records Managers (기록관리 전문 인력의 전문성 증진 요건에 관한 비교 연구)

  • Yu, Hye-Jung;Chung, Yeon-Kyoung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.23 no.3
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    • pp.85-104
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    • 2012
  • The requirements of being archivists and records managers were revised in 2011 and expanded in the scope of their education levels such as having master's or higher degrees in archives and records management, or completion of one year program of archives and records management after having B. A. degree in archival science, history or library and information science with passing of exams recruiting the experts in the field. However, archivists are not much recognized as professionals since there is no definite regulation for being experts in the field. Accordingly, this study aims to put forth the development of their qualification by comparing qualification factors of developed countries for archivists and records managers. Three factors of professional qualification for archivists and records managers are suggested as follows: certification of a standardized curriculum of archival studies, a proposed certification system for the archivists and recognition of working experience and specified duties to the archivists' qualifications as a way to acknowledge career-based expertise.

A Comparative Study on the Compliance Program of Strategic Trade and Similar Systems in Korea (한국의 전략물자 자율준수체제와 유사제도에 관한 비교연구)

  • Kim, Hyun-Jee;Shin, Ah-Reum;Chae, Soo-hong
    • Korea Trade Review
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    • v.41 no.4
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    • pp.269-291
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    • 2016
  • This study suggests an improvement for stable and effective management of the Compliance Program of strategic trade(CP) by comparing and analyzing the program and other similar systems in Korea, the authorized economic operator(AEO) system and the Fair Trade Compliance Program. To improve the CP, training requirements should be materialized, evaluation of companies' ability to judge strategic materials should be intensified, and incentives should be offered to the companies that actively adopt the program. Moreover, the current designation system should be changed to the designation-after-registration system to strengthen and spread out the CP, and the follow-up management should be reinforced for successful management of the program.

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A Comparative Study on the Rules of Origin of Fishery Products in South Korea's Major FTAs : Focused on the Korea-US FTA and European Agreements (우리나라 주요 FTA협정의 수산물 원산지 규정에 관한 비교 연구 - 한·미 및 유럽권 협정을 중심으로 -)

  • Park, Jin-Woo;Pak, Myong-Sop;Choi, Doo-Won
    • Korea Trade Review
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    • v.41 no.5
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    • pp.213-233
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    • 2016
  • In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

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The Demand and Supply of Nutritionist Workforce in Korea and Policy Recommendations (국민영양관리를 위한 영양사 인력의 적정수급에 관한 연구)

  • Oh, Young-Ho
    • Journal of Nutrition and Health
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    • v.43 no.5
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    • pp.533-542
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    • 2010
  • The objective of this study is to provide basic information and policy implications needed to balance the supply and demand for dietitian by projecting supply and demand for dietitian. The data from the Ministry of Health Welfare and Family on the number of licensed nutritionist, resident registration data of the Ministry of Public Administration and Security, and health insurance qualification data of the National Health Insurance Corporation were used to examine the current status of supply. To project the supply of nutritionist workforce, the in-out moves method and demographic method were used. The ratios of nutritionist to population and GDP, and that of other countries were applied as the demand projection method. According to the study results, the projection on the imbalance of supply and demand for dietitian by year 2021 differs depending on the method used. First, according to the results based on age-adjusted population ratio, there is an oversupply of 1,643 dietitians in year 2010, and 2,076 dietitians in year 2020. Second, although the projection on the imbalance of the supply and demand for dietitian differs depending on whether the GDD is calculated in won(₩) or dollar($). it is expected that there will be an oversupply in general. Third, as to the scenario using the nutritionist ratio in foreign countries, the oversupply of dietitian is likely in Korea, under any scenario, when comparing the nutritionist supply projection with the demand projection based on the nutritionist ratio in the United States. However, the projection of the supply and demand varies in each scenario when the European nutritionist ratio is applied. Under European 'scenario 1', an oversupply is expected, whereas under 'scenario 2', a shortage of supply is expected. A careful approach is required in interpreting the supply and demand projection using criteria of other countries, because dietitian assumes different roles and functions in each country. Although a slight oversupply of nutritionist workforce is projected, it does not cause a major problem as the demand for diet therapy is expected to rise due to aging and the increase of chronic diseases, and as the demand for clinical dietitians in hospitals increases. Accordingly, the demand for dietitians will rise and, in this context, the oversupply of nutritionist will not incur much problem. However, the nutritionist qualification is much too open in Korea, and this has a negative effect on the quality of the nutritionist workforce. Therefore, it is important that the nutritionist qualifications and requirements are reinforced in the future, enhance the quality level of the nutritionist supply, and maintain the balance between the supply and demand.

A study on The Problems and Improvement Measures of The Capital Gain Tax (양도소득세의 문제점과 개선방안에 관한 연구)

  • Kim, Beom-Jin;Jeon, Jung-Wook
    • Korean Business Review
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    • v.19 no.2
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    • pp.1-21
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    • 2006
  • The purpose of this study is to analysis of the policy and problems of the capital gain tax. So this study identified the problems in the tax system and the method, suggested some ideas that can be useful for reforming the current capital gain tax system. The followings are the concise of some ideas. First, government should adopt the housing market stabilization policy in the long-term period, not in the short-term period which depend on the financial market and the part of home supply. Second, determining the capital gains tax should be transferred to actual market prices system rather than based on the standard assessed prices by government through the nations. By doing so, the desired principles of taxation come true such as principle of taxation on economic substance, principle of taxation on solid foundation and principle of taxation on tax paying ability. Third, transaction taxes should be minimized in the aborting the property speculations and the stabilizing the actual market prices. Fourth, the system of non tax to the owners of 'one family, one house' should be excluded to the tune of principle of tax equity. By doing so, tax payers could be induced to pay taxes on a timely basis not commit to wrong doings. In conclusion, anti-speculation policy should be progressed in such a comprehensive and sustained way as to wipe out the psychology of expectation about the transfer gain's incomes.

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A Study on the Seller's Errors in Internet Shopping Mall Transactions (인터넷쇼핑몰 거래에 있어서 매도인의 착오에 관한 고찰)

  • Yoon, Chang-Sul
    • Journal of Digital Convergence
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    • v.8 no.2
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    • pp.147-160
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    • 2010
  • Internet shopping mall business has taken its place as a major form of e-commerce and is evolving constantly. At the same time, disputes of various kinds are also arising in proportion to the evolution. A typical example is when a consumer purchased a product from an internet shopping mall and the seller wants to cancel or withdraw the sales contract saying that he miswrote the price or other important information when posting the product on the internet. It's about the error on the seller's part. Civil Law Chapter 109, legal principles on errors, appears to assume the case of natural declaration of intention. It was observed that legal principles on errors defined by the Civil Law are also applied in internet shopping malls, where declaration of intention is made electronically. In transactions involving internet shopping malls, where the seller's indication and advertisement constitutes an inducement to offer, the seller may cancel a contract concluded by the consumer's offer and the seller's acceptance if the seller finds errors on his part, and adequacy of the cancellation should be judged depending on specific cases. That is, the judgment of the important ground that comprises prerequisites for cancellation and presence of negligence may depend on how much difference there is between the normal price and the posted price on a specific case. Also, considering the cases where negligence was not perceived on the seller's miswriting of the price, the seller may cancel the transaction in a similar situation.

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Improvement of legal systems of automobile in the era of the 4th industrial revolution (4차 산업혁명 시대의 자동차 관련 법제의 합리적 개선방안)

  • Park, Jong-Su
    • Journal of Legislation Research
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    • no.53
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    • pp.269-310
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    • 2017
  • This article aims at the study on Improvement of legal System which is related to automated vehicles in the era of the 4th industrial revolution. Legal aspects of driving automation have two view points. One is to permit a automated vehicle, the other is to regulate the behavior of driver on the road. Signifying elements of the 4th industrial revolution are IoT, AI, big data, cloud computing etc. Automated vehicles are the imbodiment of those new ICT technologies. The vehicle management act(VMA) rules about vehicle registration and approval of vehicle types. VMA defines a automated vehicle as a vehicle which can be self driven without handling of driver or passenger. Vehicle makers can take temporary driving permission for testing and research the driving automation. Current definition of automated vehicle of VMA is not enough for including all levels of SAE driving automation. In the VMA must be made also a new vehicle safty standard for automated vehicle. In the national assembly is curruntly pending three draft bills about legislation of artificial intelligence. Driving automation and AI technologies must be parallel developed. It is highly expected that more proceeding research of driving automation can be realized as soon as possible.