• Korea Trade Review
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• v.41 no.3
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• pp.199-215
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• 2016

International factoring is necessary for small & medium export companies because using documentary credit has been declined and credit transaction has increased. In Korea, however, only EXIM bank supports the factoring service, apart from foreign banks. Even though the amount of international factoring has increased in Korea, factoring service is at a standstill, compared to its trade volume. Perhaps there are a few reasons but the biggest reason for the indifference to the factoring service is a lack of understanding and inadequate legal system in Korea. This paper aims to compare factoring service in Korea with that of China and Japan. And it also suggests the improvement of problems to the factoring service by analysing the examples of business practice.

• Journal of Legislation Research
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• no.41
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• pp.7-42
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• 2011

The social welfare law concerning the children, the elderly and the disabled has been sufficiently in the center of the discussion in the academic as well as practical arena. One can find however rarely academic proposals about the way of understanding, spheres affiliated with this legal system, and systematic characteristics. So these problems stay now vague. This article aims to approach to these points of issue. First, it tries to reveal the physical, psychological and psychic characteristics of these group of people. These situation are not to be effectively protected by norms and measures provided by other instruments of social security, i.e. social insurances and social assistances. Second, based upon these functional limits inherent to these instruments of social security the own system of the social welfare law is explored in this article. The discussing points are as follows; 1. the concept of social welfare law, 2. as core principles; realization of the personality and freedom based upon self-determination right, universalism and equality. 3. rearrangements of the legal provisions to bring harmony with the legal purpose and function of social welfare law. Finally, it is pointed that the evaluation of the relevant legislation is essential, since in this area the difference between the norm purpose and the reality could be immense.

• Proceedings of the Technology Innovation Conference
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• 2003.06a
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• pp.90-107
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• 2003

참여정부의 출범과 한께 과학기술계에서는 동북아 과학기술 허브 구축방안 논의가 활발히 진행되고 있으나, 현재까지 이러한 논의는 법제도의 정비 및 과학기술특구 건설 등의 이슈에 한정되고 있는 실정이며, 더욱이 이를 뒷받침할 실증적 연구는 미미하다. 허브란 개념이 네트워크에서의 중심성(centrality)을 의미 하며, 현재 및 미래의 과학학기술협력 네트워크 발전에 정보통신기술이 중요한 역할을 수행함을 고려할 때, 우리나라의 초고속통신망 인프라를 십분 활용한 차세대 과학기술 정보인프라의 구축을 통한 동북아 사이버 연구네트워크상의 허브화(궁극적으로는 e-Science의 허브화를 지향)는 지역 클러스터 건설을 통한 물리적 허브화 못지 않게 중요하다 하겠다. 본 연구는 먼저 네트워크 분석기법을 동아시아의 과학기술협력 네트워크에 적용하여 주요 네트워크 지수를 실증적으로 진단하고, 특히 이를 유럽연합의 과학기술협력 네트워크의 패턴과 비교 분석하였다. 유럽 연합은 1984년부터 과학기술 협력 프로그램인 Framework Program을 시작하여 일찍부터 역내 과학기술협력 프로그램을 운영해 온 경험을 가지고 있고, 2000년부터는 자발적 협력과 네트워킹을 통해 유럽의 연구 개발 활동을 통합·조정하기 위해 새롭게 제안된 유럽 연구개발권 (European Research Area) 형성이 구체화되고 있어, 동북아 과학기술협력 네트워크를 건설하는데 좋은 벤치마킹 대상이라 할 수 있다. 이 보고서에서는 유럽 연구개발귄이라는 우산 아래서 유럽의 과학기술 활동이 조정 및 통합되는 과정을 살펴보고, 이를 위한 과학기술 정보인프라의 주요 기능을 컨텐트 (연구정보서비스와 메타데이터 표준), 시스템 (슈퍼 컴퓨팅, 광대역 네트워크, GRID), e-Science 응용연구 별로 살펴보았다. 끝으로 유럽의 경험을: 교훈삼아 동북아 e-Science 네트워크의 건설을 위한 정책적 시사점과 동북아 연구개발정보 Portal 및 APEC APGrid 연구망 등의 구체적인 정보인프라 구축방안을 도출하였다.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.223-259
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• 2020

With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

• Journal of the Korean Society for information Management
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• v.27 no.1
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• pp.185-206
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• 2010

Since core scholarly journals have been digitalized, demands on the perpetual access and long-term preservation of subscribed digital information resources by libraries are increasing. Various institutions and organizations have performed the preservation activities of digital scholarly resources for the purpose of responding those demands. This paper illustrates the National Digital Archive(NDA) system proposed and developed by KISTI and discusses on the NDA strategies which aim to improve the usability of archived journal articles. In addition, NDA strategies of KISTI have been compared with those of international researches and the economic validity of NDA has been verified by analyzing NPV, BCR and IRR. Legal system for improving the application of the archived data should be studied next and high value-added data services have been suggested as our future studies in the final section.

• Journal of Legislation Research
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• no.53
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• pp.491-524
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• 2017

Under the general maritime law, a life salvor has no claim against the person saved, and a pure life salvor has no right to compensation from the owner of the ship or its cargo. This harsh rule, which treats the salvor of life less generously than the salvor of property, has been modified by international conventions, statutes, so that life salvors may expect a reward in most cases. It is, especially, unreasonable that a prerequisite of a salvage award is that at least some of the property must be saved, because life of a person can not be compared to values of goods such as vessels and cargoes. Also it is not understandable that only pure life salvors can not expect a reward for the saving of life from the owners of the property. In the meantime, according to Article 39 of the Korean Maritime Search and Rescue Act (hereunder, KMSARA), any person who has gave assistance and rescued in accordance with a governmental officer's order may get a compensation for their time and labour. The above mentioned compensation which is stemmed from the KMSARA may play a role as a compliment for the lack of enough compensation to a life salvor. This means that even though a life salvor failed to save property, he may expect a minimum compensation from the KMSARA. However, it should be recognized that when a life salvor is entitled to both remuneration for the salvage of life and recourse of expenditures from the KMSARA, the total remuneration shall be paid only if and to the extent that such remuneration is greater than any reward recoverable by the salvor under the Korean Commercial Code and the KMSARA.

• Journal of Legislation Research
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• no.44
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• pp.315-342
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• 2013

Die Rechtsschutzversicherung ist als eine echte Schadenversicherung eine neue Versicherung, die $Spezialit{\ddot{a}}t$ des versichertes Risikos hat. Das bedeutet, dass der Rechtschutzversicherer nur bestimmte vertraglich vereinbarte Risiken $tr{\ddot{a}}gt$. Diese Risiken sind in den Allgemeinen Bedingungen $f{\ddot{u}}r$ die Rechtsschutzversicheurng (ARB) im Zusammenhang mit Versicherungsvertragsgesetz (VVG) ${\S}$ 125 exact beschrieben. VVG ${\S}$ 125 spricht allegemein von Leistung des Versicherers im vereinbarten versicherten Umfang. Entscheidend ist also die Vereinbarung in den ARB, welche in ${\S}$ 1 die Kostentragung $f{\ddot{u}}r$ den Versicherten als Hauptleistung des Versicherers beschrieben ist. Also in den VVG ${\S}{\S}$ 125 bis 129 gibt es keine Definition ${\ddot{u}}ber$ die Sparte der Rechtsschutzversicherung, jedoch mindestens es $w{\ddot{a}}re$ $m{\ddot{o}}glich$, diese Sparte zu definieren. Um die $k{\ddot{u}}nftige$ Produktentwicklung nicht zu hindern, $enth{\ddot{a}}lt$ die Vorschrift keine gesetzliche Definition der Rechtsschutzversicherung nach Angabe der amtlichen $Begr{\ddot{u}}ndung$. Weil in Korea die Rechtsschutzversicherung relativ neu in Versicherungsmarket ist, sind daher VVG ${\S}{\S}$ 125 ein gutes gesetzgeberisches Vorbild, um pragmatisch und auch dazu rechtswissenschaftlich zu diskutieren und diese fsetzustellen. Im Schritt von Ausdehnungen der juristischen Dienstleistung $w{\ddot{a}}re$ es $n{\ddot{o}}tig$, zu betrachten, wie Leistungsumfang des Versicherers in der Rechtsschutzversicherung erweitert werden kann. And noch dazu ist die Informationspflicht des Versicherers in Hinsicht auf Versicherungsunfall und Leistungsumfang noch weitert zu ${\ddot{u}}berlegen$, weil diese Sparte der Rechtsschutzversicherung noch professioneller als die anderen Versicherungsbereiche ist.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.4
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• pp.567-576
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• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.123-156
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• 2012

This study focuses on the satellite licenses and the requirements for satellite spectrum management (i.e. frequency allocation) in Korean satellite industry via comparative analyses against those cases in other developed countries, in order to provide complementary measures to the domestic satellite policies. The satellite industry is one of the main pursuits of a nation's efforts, and it shows distinct characteristics depending on various factors such as national defense and security. In addition, the industry is determined by the nation's market size as well as its international relationship. Consequently, the present study considers examples from various organizations and nations - including U.S.A, Japan, and ITU - and provides a hybrid policy that is well customized for the domestic market. This study looks at similarities between policies of other countries, and finds any supplements for domestic polices by specifying similar cases in others and analyzing their results. The main purpose of this study, therefore, is to find the best agreement for domestic policy with internal interpretation, rather accepting others. While the licensing method for domestic satellites need not be distinct from that of other nations, the case of using non-Korean licensed satellites must be complemented by the conditions in the domestic market. Furthermore, the spectrum management is essential to the nation's satellite industry since the spectrum is a scarce resource. As such, spectrum management that is carefully designed to incorporate the rapidly changing international market demand is crucial to provide a sufficient supply for domestic space industry. In the present study, we find that auction-like market based approaches together with measures to avoid exclusive uses of the scarce resource (e.g. share, leas and reallocation) would provide an excellent method for the domestic satellite industry.

• The Journal of the Korea Contents Association
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• v.14 no.4
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• pp.135-147
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• 2014

The wages of migrant workers about the rational discrimination and equal treatment have been treated partially. Foreign workers are also discussed in terms of the productivity and rational discrimination, but it is very limited. The Business community has been persisting that the minimum wage system for foreign workers should be excluded. Unlike local workers, migrant workers are relatively in that position with limited work place, a limited period of time to provide labor for the purpose of wage, in that points, the gap of the reality and the laws surrounding wages can be identified. This is expressed the conflicts and distress between employers and workers. Meanwhile, wages and equal treatment on the part of the study have been discussed, but it is hard to be organized clearly. Be related to this study, it will have a limitation. In this paper, since the employment permit system was enforced, the status of wages and distress and the factor of conflicts between the employer and the foreign worker examine and suggest the improvement plan for the law regarding wage.