• Journal of Legislation Research
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• no.54
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• pp.111-154
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• 2018

The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

• The Korean Journal of Archival Studies
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• no.29
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• pp.225-268
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• 2011

The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

• The Transactions of the Korean Institute of Power Electronics
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• v.6 no.4
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• pp.341-347
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• 2001

Harmonics and fundamental reactive current of nonlinear loads in serious unbalanced power condition, are compensated by current synchronous detection(CSD) theory which is also acceptable for single phase power system. But, the CSD theory is not suitable any more, in case of controlled independently harmonics and reactive component. Therefore, a new algorithm, the expanded current synchronous detection(ECSD) theory for a three phase active power filter based on decomposition of fundamental reactive, distorted components, is proposed in this paper. The proposed ECSD theory is experimented and tested comparison with a few power theories under asymmetrical condition in power system.

• Proceedings of the Korea Water Resources Association Conference
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• 2023.05a
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• pp.452-452
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• 2023

1970년대 이후 중화학공업을 중심으로 산업이 발전하면서, 위험한 기계·기구를 사용하게 되었다. 더 나아가 각 산업마다 새로운 공법을 채용하면서 산업재해가 과거에 비해 더 빈번하게 나타나고, 그 피해 역시 과거에 비해 매우 광범위하게 나타났다. 특히, 유해물질을 대량으로 사용하는 산업이 다양해지고, 작업환경 역시 각 산업에 따라 다른 모습을 보이자 이에 따른 직업병의 발생이 기하급수적으로 증가하였다. 이러한 위험은 직접적으로 근로자의 생명과 건강을 해칠 뿐 아니라 사용자에게도 경제적 피해를 주게 되었다. 이러한 위험에 효율적으로 대처하기 위하여 적극적·종합적인 산업안전보건관리가 필요하게 되어 산업안전보건법이 제정되었다. 하지만 산업안전보건법이 제정된 이후에도 같은 사고가 재발하고 현장관리의 소홀, 노동환경 개선 등이 이루어지지 않으며 비슷한 사망사고가 재발하였다. 이러한 산업재해사고를 막기 위해 다양한 방법을 강구하여 왔지만 큰 실효를 보지 못하자 실질적인 효과를 보기 위해 영국의 '기업살인법'을 참고하여 사업주, 경영주, 경영책임자에게 직접적인 책임을 묻고 중대재해 예방과 일하는 사람과 시민의 생명·신체를 보호함에 있음을 분명히 하기 위해 중대재해처벌법이 제정되었다. 이러한 법률이 제정됨에 따라 재해 및 안전에 관한 관심이 전국민적으로 증가하게 되었고 과거보다 많은 관심을 받게 되었다. 그에 따라 본 연구에서는 최근 10년간에 발생한 산업, 중대재해 등에 대하여 발생 사고, 발생 원인, 발생 기간에 따라 정리하였다. 본 연구는 향후 산업, 중대재해 등에 대한 기초자료로 활용될 수 있을 것이다.

• Journal of the Korean Geographical Society
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• v.38 no.3
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• pp.413-425
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• 2003

This article aims to validate empirically and verify theoretically, the applicability of the spa town life cycle model to Bath Spa located in United Kingdom. In order to test the model, the indicators of the model that associated with the rate of transportation infrastructure, the length of stay, tourist facilities, competitive resorts, advertising, tourism policy, environmental problem and the attitude of residents were examined through a comparative analysis. According to the result of this research, the indicators of 7 items excepting competitive resorts applied to Bath Spa. The competitive resorts of Bath Spa emerge at the maturity stage differing from the model that appeared at the stagnation stage. In conclusion if the new hypothesis of competitive resorts is added to the model, the model will be applied to western spa town, which has a small scale and a long history.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.407-426
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• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

• The Journal of Small Business Innovation
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• v.19 no.1
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• pp.1-16
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• 2016

The whole world enters into the financial revolution called crowdfunding. The United States, Italy, the United Kingdom and Japan have already legally allowed equity crowdfunding. South Korea also enacted equity crowdfunding in July 2015 for the purpose of efficient financing for startups and SMEs. This study reviews their crowdfunding regulations in terms of offering and investment limitations, requirements for intermediaries and requirements for issuers. And then, we raise several points about Korean crowdfunding and suggest amendment of regulations to promote fund raising through crowdfunding.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• Korea Trade Review
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• v.46 no.1
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• pp.155-168
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• 2021

The EU and the UK apply a treaty to establish new relations from 2021. Brexit is making a big difference in relations among the EU, the UK, and third countries. A new paradigm of international law has begun to be applied to relations among Korea, the EU, and the UK. The UK was excluded from the application of the Korea-EU FTA, and the Korea-UK FTA was applied to trade relations between Korea and the UK. The signing of these new treaties and the changes in the subject to which they apply are impacting the existing international legal system. The countries are showing some response, but it cannot be evaluated as a complete level, and there are still tasks to be solved. Therefore, the legal basis for EU-UK relations, Korea-EU relations, and Korea-UK relations should continue to be laid down in the future. The Korea-UK FTA cannot govern all the problems arising from trade and economic cooperation. Many interests that the UK did not reflect in the course of previous Korea-EU FTA negotiations will be revealed, so a new legal framework for Korea-UK bilateral relations will be established according to the negotiations between the two sides. There should be more detailed research and suggestion of alternatives in the field of law.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.165-186
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• 2019

The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses (if any) as are appropriate in the circumstances. Any party may apply to the court (upon notice to the other parties and to the arbitrators) which may order that the amount of the arbitrators' fees and expenses shall be considered and adjusted by such means and upon such terms as it may direct. Arbitrators' fees and expenses are calculated on the basis of informal time fees determined by the arbitrators themselves, and the fees and expenses also vary greatly depending on the nature of the case. Obviously, when appointing a member of the LMAA as an arbitrator, it is rare to negotiate the fees and expenses with the arbitrator and to make specific arrangements for the fees and expenses. And it is common for between an arbitrator and a party to have an arbitrator agreement only in accordance with LMAA Terms. And it is common for between an arbitrator and a party to have an arbitrator agreement only in accordance with LMAA Terms. The purpose of this study analyzes the structure of arbitrators' fees and expenses under the UK Arbitration Act and LMAA Terms 2017. The contents can be divided into the relationship between the arbitrator and the parties (the claim of fees, the type of fees) and the relationship between the parties(the burden rate of arbitrators' fees). In this regard, this study suggests the implications after comparatively analyzing the UK Arbitration Act and the LMAA Terms 2017.