• The Korean Journal of Financial Studies
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• v.9 no.1
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• pp.37-67
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• 2003

현재 기업지배구조의 개선은 OECD 및 세계은행, CalPERS 등의 국제기관투자자는 물론이고 각국정부의 주요 과제로 등장하고 있다. 한국의 경우 기업지배구조의 개선이 핵심적인 경제이슈로 부각된 것은 1997년말에 닥친 외환위기와 극심한 불황을 당하고 나서라고 할 수 있다. 그후 외환위기의 극복과정에서 기업지배구조 모범규준 제정, 이사회 및 감사기구의 강화, 소수주주의 권한 강화, 기관투자자(외국인투자자 포함) 및 시민단체의 활동강화, 기업지배권 시장의 활성화 등 주로 정부주도에 의한 제도변화가 급속하게 도입 시행되었다. 일본의 경우에는 기업지배구조 개선에 대한 공식적인 논의는 한국보다 앞섰으나 제도의 도입과 실행은 한국에 비하여 상당히 늦었다. 2001년 12월의 상법개정에서 감사역의 독립성 강화, 사외감사역 제도의 충실화, 취체역의 책임경감, 주주대표 소송의 합리화 등 비교적 큰 폭의 제도개선이 이루어졌다. 그러나 사외이사를 중심으로 하는 미국식 이사회 제도의 채택은 향후의 개혁방향에 포함되어 있다.

• Proceedings of the Technology Innovation Conference
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• 2004.06a
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• pp.112-127
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• 2004

기술의 상업화를 추구하는 기술이전 활동의 참여자는 그 역할과 개인적 특성에 따라 다양한 목적을 가진다. 본 논문은 이러한 참여자들의 역할의 차이가 기술이전 및 상업화의 성공에 미치는 영향을 분석하여 기술이전의 활성화에 관련된 정책적 시사점을 제시하는 데 그 목적이 있다. 먼저, 기술이전 및 상업화의 성공에 영향을 미치는 갈등 요인을 분석하기 위하여 기술이전 참여자를 중심으로 기술이전 과정에서의 참여 범위 및 권한에 대한 설문을 실시하였다. 기술이전참여자는 크게 공공연구소, 대학 등지에서 활동 중인 연구 개발 담당자, 기술이전기여자, 기술도입자 이렇게 세 부류로 구분하였으며, 연구개발 담당자는 다시 연구개발자와 연구개발책임자의 입장으로 나누어서 조사하였다. 또한 이러한 기준으로 분류된 참여자 간의 갈등의 유형을 다시 개인내의 갈등, 개인간의 갈등, 개인과 조직 간의 갈등, 조직 간의 갈등으로 구분하여 각 갈등 유형의 원인에 대해 인터뷰 형식으로 정보를 수집하였다. 설문지와 인터뷰를 위한 질문지는 문헌 조사 및 전문가와의 토론을 거쳐 완성되었으며 응답자는 하나의 기술이전 및 상업화 과정에 관련된 여러 주체들을 최소 설문단위로 묶어 선정하였다. 그리고 이에 대한 결과는 각 갈등의 원인에 대한 참여자의 유형 간의 편차를 보기 위하여 분산 분석(Z-Test)으로 해석하였다.

• Journal of Digital Convergence
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• v.11 no.1
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• pp.13-25
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• 2013

After studying FSMA 24, We found that the insolvency rule of financial institutions in FSMA consists of eight provisions: 1) voluntary arrangement, 2) administration order, 3) receiverships, 4) voluntary winding up, 5) winding up by the court, 6) bankruptcy, 7) provisions against debt avoidance, and 8) supplemental provisions in insurance cases. Insolvency provisions in FSMA explain powers and accountabilities of FSA in relation to these insolvency proceedings. Although there are some differences in proceedings, provisions entitle FSA the same status as creditors to petition the court, with a right to participate in related meetings and to be notified of any matters involving insolvency proceedings. The differences and implications between U.K.'s FSMA and Korean regulations are related to the insolvency rule of financial institutions. First, in FSMA, FSA has a comprehensive power to manage insolvency proceedings of financial institutions in a centralized way. However, Korean regulations have special laws to regulate insolvency in a decentralized way. The offices executing those laws are the Financial Services Committee, the Financial Supervisory Service, and the Financial Deposit Insurance Corporation. This characteristic results from an accelerated legislation procedures related to financial reform in 1997 Korean financial crisis. Second, FSA contains special provisions on continuation of contracts of long-term insurance considering the characteristics of insurance industry related to insolvency of financial institution. However, Korean insolvency rules applied to financial institutions do not consider industrial differences and the characteristics of financial contracts, so need to be supplemented in the future.

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.6
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• pp.946-954
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• 2022

More than half of barges have been surveyed and designated as an "unmanned barge". The main advantage of the unmanned barge is that it can carry more cargo equivalent to 25 percent of freeboard compared to that of a manned barge. In contrast, it needs an onboard crew barge because the bargeman is in charge of several tasks during sailing such as mooring or unmooring barges to or from a wharf, dropping and heaving up an anchor and turning on and of navigational lights and shapes. The instant recognition is that a tug assume the responsibility of operating a barge; however, different situations exist in which the shipper, as the operator of the barge, hires a tug. Although a tug might be a carrier of a barge under a specific contract, the master of the tug should fulfill his duty to complete its voyage. Most masters are not provided with the particulars of a barge and the information regarding the bargemen onboard, which is believed not to respect the master's authority and lead to an unintended violation of relevant laws. This paper presents three recommendations for resolving these issues: the policy approach for changing unmanned barges to manned barges, issuing a minimum safe manning certificate, and providing the master of tug information on the barge and the crew onboard. Thus, the proposed approach can be expected to improve the crew's working conditions, diminish the violation of the maximum number of persons onboard the barge, and ensure the authority of the master of tug through such recommendations.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.103-141
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• 2017

The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

• Korean Security Journal
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• no.55
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• pp.169-192
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• 2018

This article assesses the recent police reform strategy in England and Wales with the Police Reform and Social Responsibility Act 2011. Police and Crime Commissioners have a responsibility not just for the police force but also for reducing crime in their area of responsibility. This ensures that their remit runs much more widely than their predecessor body, the police authority. The article goes on to evaluate the nature and extent of crime by making immediate use of survey of local police commanders. The surveys showed that police commands were swamped with minor crime and anti-social offences. The arrival of Police and Crime Commissioners has meant that now police priorities can be more closely aligned to those of the public and where anti-social behaviour is now recognised as impacting on the lives of many residents more significantly than criminal activity. The article highlights the changes introduced by government following the Winsor Review to police pay, pensions and conditions of service. It reflects on the impact of this on both police morale and professional motivation. It suggests that current government policy is now haemorrhaging the police service as increasing numbers of experienced officers are leaving the police service which could ultimately undermine its long-term resilience as a strategic emergency service.

• Korean Journal of Social Welfare
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• v.63 no.3
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• pp.261-283
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• 2011

This study aimed to understand the developmental process of poverty and relief during the reign of Jungjong in Joseon Dynasty. The reason why this study focus on the reign of Jungjong in Joseon Dynasty is that the poverty and relief had been happened most frequently, and that the meaning of social welfare could be profound during the periods of Joseon Dynasty. The data is collected based on Jungjongsilok, and the collected data is analyzed by the perspective of Hermeneutics. Five important meanings are resulted as follows: 1) concreted similar methods of social security had been partly carried out, 2) relief policies had been drawn up by the King's absolute authority, 3) given political and social economical conditions for relief had not been sufficient, 4) relief policies had been temporarily enforced, and 5) the king and the retainers had been charged to responsibility for poverty as well as they had been adapted to nature. In addition, three particulars are proposed for following studies such as comparative studies on poverty and relief before or after the reign of Jungjong, studies based on other historical material except Jungjongsilok, and studies on diseases and crimes except poverty.

• Korean Journal of Environment and Ecology
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• v.11 no.1
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• pp.18-36
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• 1997

This study was conducted to analyze the text relating to the environmental conservation and ecology among the text of the constitution of Korea and collect the domestic laws(40 statutes, 1 guide, 1 leading case) and the foreign laws(1 constitution, 34 statutes, 2 ordinances, 3 leading cases). To make the text of the collected domestic and foreign laws a comparative analysis of the conceptual principle, plan establishment and project operation, types, policy and allied projects, rights and duties, allowed and restricted acts, environmental impact assessment and administration procedure and system of the environmental conservation and ecology by items, it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how to set the many foreign countries on their laws connected with the environmental conservation and ecology from the other department and carry out the advanced environmental works.

• Journal of the Korean Society for Library and Information Science
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• v.40 no.3
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• pp.369-389
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• 2006

Grey literature is a non-Public data only for nonprofit users. Some of the major grey literatures are technical report, Proceeding, and thesis. For their Promptitude, these sources are core of research and development. According to a research on the academic qualify. grey literatures have higher usage rates than books-articles excluded. Also, the usage of foreign grey literature by librarians of research organization was investigated. The result was that over 90 percent of the researchers were demanding the original text of the foreign grey literature. In addition, librarians pointed out that the time-consuming problem and the lack of published information was a hindrance to using grey literature. For the centralized management of grey literature. they wanted an alliance structure.