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

• Journal of Digital Convergence
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• v.19 no.5
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• pp.449-460
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• 2021

The purpose of this study explained the experience of volunteering activities and the relationship of subjective self-awareness in order to examine the social meaning of volunteer activities. For adults aged 20 or older, 312 volunteering experience and social support awareness were analyzed on the level of self-identity by allocation sampling method depending on gender and age. The analysis results of this study were as follows. First, it was found that those who have experienced volunteer activitiies have a relatively simple willingness to participate in professional volunteer activities and those who have experienced volunteer activities. Second, social support and self-identification were different depending on whether they have experienced volunteer activities. Third, age, volunteer participation, willingness to participated in volunteering, and social support were analyzed as explanatory factors predicting self-identification of research participants. Based on the research results, volunteer activities to positively promote self-awareness suggested the need to practice volunteer activities according to the life cycle so that social meaning can be given. As a policy suggestion, the need for volunteer activities was closely analyzed to enable healthy self-forming for well-aging from adulthood to old age to discussed the need for policies and systems to strengthen volunteer motivation as leisure activities.

• Journal of Climate Change Research
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• v.5 no.1
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• pp.1-12
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• 2014

With continued economic growth, Korea has seen an increase in the nighttime activities of its citizens as hours of activity have extended into night. There is an increasing trend in energy consumption related to citizens' nighttime activities. In order to analyze ideas for an efficient replacement of the power consumption of streetlights and for profit generation by applying grid-type solar systems, this study used an RETScreen model. Through energy analysis and cost analysis, the application benefit and viability of grid-type solar street light systems were analyzed. With analysis result of a total weekly power generation of 114 kWh via a grid-connected solar streetlight system, it was shown that the net present value of a grid-connected solar street light system is 155,362 KRW, which would mean a payback period of about 5.2 years, and as such, it was shown that profit could be generated after about 6 years. In addition, if the grid-connected solar power generation system proposed by this study is to be applied, it was shown that 401,935 KRW in profit could be generated after the 20-year useful life set for the solar system. In addition, the sensitivity analysis was performed taking into account the price fluctuations of SMP, maintenance. As a result, a payback period has increased by 1~2 years, and there were no significant differences. Because the most important factor that affect the economic analysis is the cost of supply certification of renewable energy, a stable sales and acquisition of this certification are very important. the Seoul-type Feed in Tariff(FIT) connected to other institutions will enable steady sales by confirming to purchase the certification for 12 years. Therefore, if those issues mentioned above are properly reflected, Central-grid PV system project will be able to perform well in the face of unfavorable condition of solar PV installation.

• Journal of the Korean Institute of Landscape Architecture
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• v.47 no.3
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• pp.39-48
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• 2019

This research is based on the analysis of in-depth interviews of designers who participated in the design of the Yeonnam-dong section, which was completed in 2016. The case study site has received many domestic and foreign awards and is receiving very positive reviews from actual users. 53 concepts were derived from the open coding of the ground theory methodology. Thirty-four higher categories incorporated the concepts and 18 higher categories that reintegrated them. Later, the six categories of the ground theory were interpreted as the paradigm, and it was determined that the aspects of 'will of client' and 'work efficiency', 'site resources' and 'field manager's specialty' were the categories that had the greatest positive impact on the park construction. The key category of this park's construction was interpreted as "a park-construction model with active empathy and communication." The results of the study and are linked to the following research proposals. First, the need to improve the trust between the client and the landscape designer and the need to improve the customary administrative procedures; second, the importance of the input of landscape experts into the park construction process; third, the importance of all efforts to develop the design; fourth, the importance of on-site circular resources and landscape preservation; and fifth active social participation to increase the opportunity. This study, which seeks to grasp the facts that existed behind the park's construction, which received excellent internal and external evaluations, and has a qualitative, objective and structural interpretation of the social network related to the park's construction, in contrast to the conventional quantitative post-evaluation. It is expected that the administration and system improvements related to landscaping will be further improved through the continuation of in-depth post-evaluation studies.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.345-366
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• 2018

Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

• Journal of Intelligence and Information Systems
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• v.27 no.3
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• pp.199-230
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• 2021

Innovative new products and services are being launched through the convergence between heterogeneous industries, and social interest and investment in convergence industries such as AI, big data-based future cars, and robots are continuously increasing. However, in the process of commercialization of convergence new products and services, there are many cases where they do not conform to the existing regulatory and legal system, which causes many difficulties in companies launching their products and services into the market. In response to these industrial changes, the current government is promoting the improvement of existing regulatory mechanisms applied to the relevant industry along with the expansion of investment in new industries. This study, in these convergence industry trends, aimed to analysis the existing regulatory system that is an obstacle to market entry of innovative new products and services in order to preemptively predict regulatory issues that will arise in emerging industries. In addition, it was intended to establish a regulatory impact analysis system to evaluate adequacy and prepare improvement measures. The flow of this study is divided into three parts. In the first part, previous studies on regulatory impact analysis and evaluation systems are investigated. This was used as basic data for the development direction of the regulatory impact framework, indicators and items. In the second regulatory impact analysis framework development part, indicators and items are developed based on the previously investigated data, and these are applied to each stage of the framework. In the last part, a case study was presented to solve the regulatory issues faced by actual companies by applying the developed regulatory impact analysis framework. The case study included the autonomous/electric vehicle industry and the Internet of Things (IoT) industry, because it is one of the emerging industries that the Korean government is most interested in recently, and is judged to be most relevant to the realization of an intelligent information society. Specifically, the regulatory impact analysis framework proposed in this study consists of a total of five steps. The first step is to identify the industrial size of the target products and services, related policies, and regulatory issues. In the second stage, regulatory issues are discovered through review of regulatory improvement items for each stage of commercialization (planning, production, commercialization). In the next step, factors related to regulatory compliance costs are derived and costs incurred for existing regulatory compliance are calculated. In the fourth stage, an alternative is prepared by gathering opinions of the relevant industry and experts in the field, and the necessity, validity, and adequacy of the alternative are reviewed. Finally, in the final stage, the adopted alternatives are formulated so that they can be applied to the legislation, and the alternatives are reviewed by legal experts. The implications of this study are summarized as follows. From a theoretical point of view, it is meaningful in that it clearly presents a series of procedures for regulatory impact analysis as a framework. Although previous studies mainly discussed the importance and necessity of regulatory impact analysis, this study presented a systematic framework in consideration of the various factors required for regulatory impact analysis suggested by prior studies. From a practical point of view, this study has significance in that it was applied to actual regulatory issues based on the regulatory impact analysis framework proposed above. The results of this study show that proposals related to regulatory issues were submitted to government departments and finally the current law was revised, suggesting that the framework proposed in this study can be an effective way to resolve regulatory issues. It is expected that the regulatory impact analysis framework proposed in this study will be a meaningful guideline for technology policy researchers and policy makers in the future.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• Journal of The Korean Association For Science Education
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• v.41 no.2
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• pp.145-154
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• 2021

This study aims to investigate teachers' perceptions of the composition of high school science elective courses ahead of the 2022 curriculum revision, and to derive implications for the organization of the 2022 revised science curriculum in preparation for the full implementation of the high school credit system. To this end, a survey was conducted by randomly sampling high schools across the country. A total of 192 science teachers responded to the questionnaire. In addition, 12 high school science teachers were selected as a focus group, and in-depth interviews were conducted to investigate opinions on the restructuring of elective courses in science. Main research results include 129 (67.2%) science teachers in the survey answered that the current 2015 curriculum's science and elective courses system should be maintained. In the next curriculum, when reconstructing science elective subjects, it is necessary to provide an opportunity to experience the entire contents of each science field through Science I·II system as before, and to ensure student choice in preparation for the credit system. In addition, the opinion that general elective subjects should be organized to include all the contents of science I and II subjects was the highest. Through in-depth interviews, science teachers emphasized that the current science I subject system allows access to the content areas of science as much as possible as the number of subjects is small, and that subjects, such as physics, where the hierarchy of concepts is important, should deal with important content within one subject rather than divided by area. On the other hand, in the current I subject system, there is no subject for liberal arts students to choose from, so teachers suggested that science electives should be organized by subdividing each content area. Based on the research results, the necessity of organizing high school science elective courses in consideration of the purpose of the high school credit system, ways to organize science-convergence elective courses as subjects for all students regardless of career aptitude, ways to organize science-career elective courses, and ways to organize science elective courses in connection with the college admission system were proposed.

• Environmental and Resource Economics Review
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• v.32 no.1
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• pp.47-75
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• 2023

Compared to the EU, which legislates the Carbon Border Adjustment System (CBAM), the United States' carbon border adjustment policy movement is still relatively slow. Recently, however, a related bill has been proposed in the United States, and research institutes have been presenting research results on how to introduce an upstream carbon tax rather than an emission trading system and carry out carbon border adjustment based on it. Therefore, in this study, we looked at the economic and environmental effects of introducing this type of upstream carbon tax and carbon border adjustment in Korea. If an upstream carbon tax of KRW 30,000 per ton of CO₂ is applied to the net supply of domestic fossil energy, the expected carbon tax revenue is approximately KRW 22.9961 trillion, equivalent to about 5.7% of the total revenue of the Korean government of KRW 402 trillion in 2019. In addition, the carbon dioxide content of the steel sector, calculated based on the energy supply and demand status of the steel sector, which emits the most greenhouse gas emissions in Korea and has a considerable amount of overseas exports, was 106.22 million tons of CO₂. On the other hand, assuming that the upstream carbon tax of 30,000 won per ton of CO₂ embodied is directly passed on to the production cost of the steel sector, the carbon tax burden in the steel sector is estimated to reach approximately KRW 3.1865 trillion. Even after deducting KRW 1.1599 trillion in export refunds estimated by using the share of exports of steel products, the net carbon tax burden on steel products for domestic demand amounts to KRW 2.0266 trillion, which is analyzed to act as a factor in increasing the price of steel products.

• Journal of the Korean Society of Radiology
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• v.7 no.2
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• pp.113-120
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• 2013

Nowadays, the medical system towards patients changes into the medical services. As the human rights are improved and the capitalism is enlarged, the rights and needs of patients are gradually increasing. Also, based on this change, several systems in hospitals are revised according to the convenience and needs of patients. Thus, the cases of mobile portable among examinations are getting augmented. Because the number of mobile portable examinations in patient's room, intensive care unit, operating room and recovery room increases, neighboring patients are unnecessarily exposed to radiation so that the examination is legally regulated. Hospitals have to specify that "In case that the examination is taken out of the operating room, emergency room or intensive care units, the portable medical X-ray protective blocks should be set" in accordance with the standards of radiation protective facility in diagnostic radiological system. Some keep this regulation well, but mostly they do not keep. In this study, we shielded around the Collimator where the radiation is detected and then checked the change of dose regarding that of angles in portable tube and collimator before and after shielding. Moreover, we tried to figure out the effects of shielding on dose according to the distance change between patients' beds. As a result, the neighboring areas around the collimator are affected by the shielding. After shielding, the radiation is blocked 20% more than doing nothing. When doing the portable examination, the exposure doses are increased $0^{\circ}C$, $90^{\circ}C$ and $45^{\circ}C$ in order. At the time when the angle is set, the change of doses around the collimator decline after shielding. In addition, the exposure doses related to the distance of beds are less at 1m than 0.5m. In consideration of the shielding effects, putting the beds as far as possible is the best way to block the radiation, which is close to 100%. Next thing is shielding the collimator and its effect is about 20%, and it is more or less 10% by controlling the angles. When taking the portable examination, it is better to keep the patients and guardians far enough away to reduce the exposure doses. However, in case that the bed is fixed and the patient cannot move, it is suggested to shield around the collimator. Furthermore, $90^{\circ}C$ of collimator and tube is recommended. If it is not possible, the examination should be taken at $0^{\circ}C$ and $45^{\circ}C$ is better to be disallowed. The radiation-related workers should be aware of above results, and apply them to themselves in practice. Also, it is recommended to carry out researches and try hard to figure out the ways of reducing the exposure doses and shielding the radiation effectively.