• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.3
• /
• pp.151-208
• /
• 2020

Japan's two outer space-related laws were promulgated on November 16, 2016. There are the Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016, Space Activities Act) and the Act on Securing Proper Handling of Satellite Remote Sensing Records (Act No.77 of 2016, Remote Sensing Records Act). Japan's Space Activities Act states that a person who launches a satellite from the territory of Japan, or from a ship or airplane registered in Japan, must obtain permission from the Prime Minister prior to the launch. To obtain the permission, the person must have a certificate for a rocket design and for radio equipment at a launching facility. In addition, the ability to launch a rocket safely and the purpose for the satellite launch must be evaluated. Managing a satellite from Japan also requires permission from the government. A person who launches a rocket must have insurance for any potential damage arising from accidents, and the government is to supplement the potential compensation to allow for damage that cannot be covered by private insurance. The purpose of this paper reviews regulations of launch services and management of satellites in the Japan's Space Activities Act. It also offers some implications and suggestions for regulations of launching of spacecraft and management or operation of satellites.

• Journal of Legislation Research
• /
• no.53
• /
• pp.419-454
• /
• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• International Commerce and Information Review
• /
• v.17 no.3
• /
• pp.203-222
• /
• 2015

Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.18 no.1
• /
• pp.185-194
• /
• 2018

This study investigates the limitations of blockchain technology and the ways to improve it by using Delphi technique. Limit factors and improvement measures are classified into technology, service, and legal system. First, from a technical point of view, lack of standardization of the technology, insufficiency of integration, lack of scalability, unclear cancellation or correction policy, excessive cost of transaction verification, insufficient personal information protection and not enough to respond to hacking defense were the limiting factors. In order to improve these, the followings; ensuring standardization, securing integration and scalability, establishing cancellation of each applicable data, establishment of correction policy, efficiency of verification cost, the protection of personal information and countermeasure against hacking are provided. The related technology development and countermeasures must be established to effectively introduce the blockchain technology to the market. Second, in the early stage of blockchain service, it showed lack of utilization of the blockchain, security threat, shortage of skilled workers, and lack of legal liability. As a solution to these problems, it is necessary to suggest various applications, against security threat, training professional manpower, and securing legal responsibility. It should also provide a foundation for providing institutionally stable services. Third, from as legal system point of view, inadequate legal compliance, lack of relevant regulation, and uncertainty in the regulation were the limiting factors. Therefore establishing a legal system, which is the most important area for activating the service, should be accompanied by the provision of legal countermeasures, clearness of regulations and measures to be taken by relevant governmental authorities. This study will contribute as a reference for a research, related to the blockchain.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.155-176
• /
• 2015

Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

• Korean Journal of Food Science and Technology
• /
• v.34 no.6
• /
• pp.1130-1133
• /
• 2002

Domoic acid, and amnesic shellfish poison, is a neurotoxin frequently found in shellfishes. Guidance level for the consumable shellfish has been established as $20\;{\mu}g$ domoic acid/g by Health and Welfare Canada and U.S. FDA. Domoic acid is produced by pennate diatom, a Nitzschia pungens f. multiseries ingested by the shellfish. Content of domoic acid in shellfish samples collected along the Korean shoreline from May to December of 1999 was analyzed. The collection included 1 Gastropoda (Murex shell) and 11 Bivalvias (oyster, little neck clam, orient hard clam, venus clam, surf clam, ark shell, hard-shelled mussel, pen shell, jack-knife clam, pink butterfly shell, and granulated ark shell). Samples were homogenized, extracted with 50% methanol, filtered, and analyzed by reversed-phase liquid chromatography at 242 nm with mobile phase consisting of 10% acetonitrile and 0.1% trifluoroacetic acid. Recovery of the HPLC analysis was 95.80% (${\pm}1.09$). All tested samples showed no domoic acid at the detection limit of 50 ng/g.

• Informatization Policy
• /
• v.31 no.1
• /
• pp.3-31
• /
• 2024

This study aimed to examine public concerns in South Korea considering the country's unique context, triggered by the advent of generative artificial intelligence such as ChatGPT. To achieve this, comments from 102 YouTube video news related to ethical issues were collected using a Python scraper, and morphological analysis and preprocessing were carried out using Textom on 15,735 comments. These comments were then analyzed using a Correlated Topic Model (CTM). The analysis identified six primary topics within the comments: "Legal and Ethical Considerations"; "Intellectual Property and Technology"; "Technological Advancement and the Future of Humanity"; "Potential of AI in Information Processing"; "Emotional Intelligence and Ethical Regulations in AI"; and "Human Imitation."Structuring these topics based on a correlation coefficient value of over 10% revealed 3 main categories: "Legal and Ethical Considerations"; "Issues Related to Data Generation by ChatGPT (Intellectual Property and Technology, Potential of AI in Information Processing, and Human Imitation)"; and "Fear for the Future of Humanity (Technological Advancement and the Future of Humanity, Emotional Intelligence, and Ethical Regulations in AI)."The study confirmed the coexistence of various concerns along with the growing interest in generative AI like ChatGPT, including worries specific to the historical and social context of South Korea. These findings suggest the need for national-level efforts to ensure data fairness.

• Journal of Advanced Navigation Technology
• /
• v.24 no.6
• /
• pp.491-499
• /
• 2020

There are policies that foster the drone industry, which either put a legal precedent on drones through the "Drone Act" or grant a delay or exemption in applying the safety measures of "the Aviation Safety Act". Yet, the definition of a drone is unclear, requiring further discussion on commercial usage. Therefore, we have studied cases domestically and abroad, and also analyzed issues with the current aviation legislation. It was found that a drone is defined as "an unmanned aircraft where a pilot is not on board, and its net weight is 150 kg or less". However, there are several issues, such as that a drone taxi requires a pilot on board, and its weight is 150 kg or more. Thus, we propose to define a drone as "an unmanned aerial vehicle (provided, that its own net weight should be 300 kg or under, or not be limited to weight) under Article 2 (3) of the "Aviation Security Act" as prescribed by Ordinance of the Ministry of Land, Infrastructure, and Transport, which operates either by remote, automatically, or autonomously; or an unmanned aircraft under Article 2 (6) of the "Aviation Security Act".

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
• /
• v.8 no.4
• /
• pp.151-160
• /
• 2018

The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

• Journal of Energy Engineering
• /
• v.29 no.1
• /
• pp.63-74
• /
• 2020

The Kori-Unit 1 nuclear power plant, which is scheduled for decommissioning after permanent shutdown, is expected to generate a large amount of various types of radioactive waste during decommissioning process. For concrete radioactive waste, which is expected to occupy the most amount, it is important to analyze the current waste disposal status and legal limitations and to prepare an appropriate and efficient disposal method. Concrete radioactive waste is waste of various levels, of which the clearance level is bioshield concrete. In this paper, clearance radioactive waste safety evaluation was performed using the RESRAD code, which is a safety evaluation code, based on the activation evaluation results for the wastes with the clearance level. The clearance scenario of the target radioactive waste was selected and the individual's exposure dose was calculated at the time of clearance to determine whether the clearance criteria limit prescribed by the Nuclear Safety Act was satisfied. As a result of the evaluation, the results showed significantly lower results and satisfied the criteria value. Based on the results of this clearance safety assessment, the appropriate disposal method for bioshield concrete, which are the clearance wastes of subject of deregulation, was suggested.