• Journal of Science and Technology Studies
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• v.10 no.2
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• pp.143-174
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• 2010

How can a regulatory policy to address potential hazards be made legitimate in the face of scientific uncertainty? The precautionary principle has been gradually regarded as the most persuasive answer to this intricate question in Europe since the 1970s and generally recognized as a guiding principle in international environmental law. This principle, however, has often been subject to diverse concerns and criticisms due to its vague definition. This article tries to elaborate the precautionary principle while reviewing both the validity and unreasonableness of these criticisms over this principle. Then, this article explores the policy relevance of this principle by applying this elaborated definition to the concrete case of risk governance such as the risk assesment of food safety. In the end, this paper emphasizes the fact that the precautionary principle can be applied in the field of risk governance, refuting the argument that the precautionary principle is only a moral attitude or a political position.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.241-269
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• 2011

Solar flare and storm may give an adverse effect upon electromagnetic environment around the Earth, so that various kinds of satellite cease to normally function. This kind of space storm disaster is characterized by the uncertainty about when and what size. Recently the UN has been paying attention to this plausible disaster. Particularly the COPUOS has taken the view that this disaster would threaten the sustainable space environment. The precautionary principle, rooted and excercised in the environment protection filed, has been adopted in the case of disaster with uncertainty. The reports and opinions given by the expert and representatives of the member States have stated that the precautionary principle should be adopted for the purpose of dealing with this disaster. On the other hand, it is advanced that the principle has been already included in the space law principle enshrined in the 1967 Space Treaty. The Treaty has adopted the freedom of navigation and use of the outer space for the interest of all States as the basic principles. Sustainable environment is necessary for implementing the principle. Therefore, the rules for the protection of sustainable space environment should be based upon the space law principle.

• Journal of Science and Technology Studies
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• v.15 no.1
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• pp.281-325
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• 2015

In this paper, we continue our previous study on the differences, similarities and interfaces between the various models of scientific governance discussed in STS and those in risk governance developed by risk studies. In the previous paper we illuminated that theoretical differences among STS scholars on scientific governance and public participation goes back to the 1970s and 1980s, during which they first laid down the conceptual basis of STS. In this paper we investigate how these divergent positions among STS scholars influenced their evaluations of precautionary principle and the framework of risk analysis (especially the separation between risk assessment and risk management), which are the two main paradigms in the area of risk regulation. By doing that, this paper will show divergent positions of STS scholars on risk analysis and precautionary principle. Further, we will suggest some theoretical and practical interfaces between STS and risk governance models.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.26 no.8
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• pp.690-698
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• 2015

In this paper, we propose a policy orientation for human effects on EMF according to the increasing number of devices which use electromagnetic waves. In particular, we conducted the analysis of the concept of the precautionary principle in advanced foreign countries and case studies which are being applied to the criteria more strict than international standards of protection for vulnerable groups. Futhermore, we analyzed the regulations of the EMF safety zone on KynungGi-Do Regional Council which is not valid in terms of constitutional principles such as superior constitutional and rerservations law principles. In conclusion, we propose to amend or modify any law for vulnerable groups and to implement the EMF-related policy on based Radio Wave Act.

• Journal of Environmental Policy
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• v.5 no.4
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• pp.127-154
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• 2006

It has been widely accepted that the environment is an important determining factor of human health. Appreciating the relationship between the environment and human health, Korean government has begun to deal with issues of environmental health. The government proclaimed the year of 2006 to be the first year of Environmental Health and established "The Environmental Health Plan for the next 10 Year". In order to achieve the goals in the plan, there are necessary considerations such as support systems for environment health related research, investigation, law, institution, administration, and so forth. This study suggests basic principles required to establish a legal regime of environmental health which is to implement the environmental health policies in Korea. Several cases of foreign legislation and policy relevant to environmental health are reviewed. Also, existing related legal system in Korea are analysed considering legal and institutional elements for establishing an effective environmental health policy. The main purpose of amending legal system related environmental health is to protect both public health and the soundness of ecosystem. To reach the goals effectively, the concept of 'environmental health' should be clearly established and presented. In addition, an advanced prevention system, including investigation and prevention of the cause of environmental diseases and risk assessment based on the precautionary principle, are substantial in the environmental health legislation. Also the environmental health law should guarantee public participation in decision making as well as the first consideration of susceptible or vulnerable population. This study concludes that the expected legislation related to environmental health should be a nonnative instrument not only for integrating each environmental protection scheme but also for establishing and implementing the policy.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• Proceedings of the Korean Society of Computer Information Conference
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• 2020.07a
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• pp.187-188
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• 2020

형사소송법 제106조에서 '범위를 정하여 출력 또는 복제하는 방법이 불가능하거나 압수의 목적을 달성하기에 현저히 곤란하다고 인정되는 때에는 정보저장매체 등을 압수할 수 있다'의 규정과 제122조에서 '급속을 요하는 때'의 예외 규정을 근거로 스마트폰 압수·수색과정에서 범죄혐의와 관련성에 대한 구분 없이 정보가 무분별하게 탐색 복제되는 등 기본권을 침해하고 있으며, 영장주의 원칙에 반하는 위법한 집행이 되고 있는 실정이다. 이에 본 연구에서는 긴급압수 후 사후영장 발부 전에 별건의 범죄혐의를 확인하거나 증거로 활용한다면 위법한 압수에 해당할 수 있는 디지털증거 압수·수색 원칙의 문제, 디지털정보의 검색과 추출과정에서 참여권 보장의 문제, 스마트폰 정보에 대한 무결성 확보 등을 문제점으로 도출하였다. 이러한 문제점을 개선하기 위해 사전영장 없는 범죄사실과 관련성이 없는 정보의 탐색이나 추출 금지, 정보검색이나 추출과정에서 피압수자의 참여권 보장 및 디지털증거 분야 전문가로부터 조력을 받을 권리 보장, 무결성 확보를 위한 절차적·실체적 적법절차 준수 등 개선방안을 제시하였다.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2003.05a
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• pp.87-91
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• 2003

포항제철소는 제품의 선적 및 하역업무를 위래 13기의 하역기를 운영 중에 있다. 제품하역기의 운전실태는 1명의 작업자가 탑승하여 제품이 놓여질 선박 내 location을 관리한다. 특히, 중량물을 다루는 만큼 안전사고 방지를 위산 고도의 주의를 요하는 작업이다. 그러나 운전실의 위치가 지상 $13\~24m$에 위치해 있어, 하방 관측을 위해 장시간 머리를 구부려야 하므로 작업피로는 물론 요통 발생 가능성이 높다. 또한, 13기 하역기의 제작사 및 제작 시기에 차이가 있어, User Interfare가 각기 다르다. 주기적으로 하역기를 바꿔 탑승하는 작업자로서는 오조작 가능성이 있어 문제점으로 지적되고 있다. 근본적으로는 이동통로 폭의 협소함에 따른 진$\cdot$출입의 문제, 전장품의 부적절한 배치에 따른 작업자 충돌 문제 등, 기본적인 인간공학적 원칙이 반영되지 않은 운전실설계로 제품하역기 작업자의 업무부하가 가중되고 있는 실정이다. 본 연구에서는 인간공학적 설계원칙을 반영하여 제품하역기 운전실을 가상환경으로 제작해보고, 3차원 인제 모형을 실제로 탑승시켜 주요 설계 제약조건의 검증을 실시하였다. 3차원 가상환경 및 인체모형의 제작은 상용 3D Tool인 3ds Max 5와 Anthropos Ergomax라는 프로그램을 이용하였다. 이와같은 방법을 통해, 실제 공사 후에 발견될 문제점에 대한 사전 도출이 가능함은 물론, 보다 인간공학적인 운전실 설계가 이뤄질 수 있었다.

• International Commerce and Information Review
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• v.14 no.4
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• pp.387-408
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• 2012

This paper have examined the descriptive and legal approaches to the comparison and analysis of major content of direct transport in FTA rules of origin and the primary judicial precedents that arose during the executing process of FTAs. Preferential tariff treatment shall be applied to a good satisfying the requirement of this agreement(annex, article etc.,) and which is transported directly between the territories of the exporting party and importing party. However, products may be transported through territories of non-parties, provided that they do not undergo operations other than unloading, reloading, splitting-up of consignments or any operation designed to preserve them in good condition. During this period the products shall remain under customs control in the country of transit. The low perception of firms on the rules of origin was found to lead to breaking the rule and thus taking up losses. The FTA major countries enacted penalty rules against the violation of the rules of origin and bring civil and criminal suits and administrative sanctions. The types and level of penalties are subject to their domestic laws of each of those nations. With better recognition of major content of direct transport in FTA rules of origin and well-prepared countermeasures, firms will be able to enhance competitive advantage while benefiting from preferential tariffs.

• Journal of Environmental Policy
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• v.13 no.4
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• pp.135-159
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• 2014

Industrial insect is defined as the insect utilized in industries that creates added value. Most of the industrial insects used in Korea are exotic species that are introduced through artificial means. Despite the rapid expansion of market for industrial insects, the system for risk assessment of industrial insects is not being adequately conducted. Although Korea carries out a risk assessment for the species designated as disease and insect pest by Animal and Plant Quarantine Agency, far too little consideration is being given to overall ecosystem, as the control system is covered in the Plant Quarantine Law. To solve this problem, we analyzed the Korean risk assessment system and looked at systems in other countries. The results show that it is essential for stakeholders to reach an agreement to set up fundamental directions for the system. Unless the integration system of taxonomical and ecological information is prepared, the ecological risk assessment should be conservative to protect ecosystems and should also follow the precautionary principle. It also requires cooperation among the ministries. In addition, the results indicated that a differentiation between risk assessment and screening is urgent. Several solutions such as setting up clear objectives in both assessment and screening stages, target species, steering organization and assessment criteria assessment systems from were proposed as practical institutional strategies. Among many foreign countries the assessment system from Ireland equally considers various factors such as economical, ecological safety and management aspects, It is also based on precautionary principle to fulfil its original purpose. It was suggested that the Ireland system would be the best reference that can be modified and applied into the Korean system by considering distinct characteristics of the industrial insects.