• Journal of Arbitration Studies
• /
• v.24 no.1
• /
• pp.111-132
• /
• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• Korean Journal of Child Studies
• /
• v.36 no.1
• /
• pp.125-146
• /
• 2015

The "Child Care and Education Policy(CCEP)" is important because it is responsible for providing 'care and education service' to young children in their 'most sensitive period' of human development. In reality, however, children's rights can only be sanctioned by adults and their rights are recognized at the level of abstraction. This study analyzes the 'Child Edu-care Act(CEA)' first enacted in 1991 from the 'perspective of children's rights', especially in terms of the rights of infants and preschoolers. In order to assess the CEA's "children's rights guarantee level", this study developed a number of standards based on the "UN Convention on the Rights of the Child(CRC)" and other documents. The results revealed that "children's rights guarantee level" was assessed against 4 categories ('Right to Survival and Development', 'Right to Welfare', 'Right to Education', and 'Right to Proper Care'), and the CEA(1991) was found to have a high guarantee level although it was enacted before Korea's ratification of the CRC. The results of this study can serve as a useful reference point for detailing children's rights and suggesting regulation standards for the CCEP.

• Journal of radiological science and technology
• /
• v.41 no.6
• /
• pp.573-580
• /
• 2018

The Nuclear Safety Commission amended the Nuclear Safety Act by strengthening the safety management system for the frequent workers to the level of radiation workers. And students entering radiation management zones for testing and practical purposes are subject to frequent workers. It is inevitable that this will incur additional costs. In this paper, the validity of the amendment to the Nuclear Safety Act was to be assessed in terms of radiation protection. Study subjects are from 2014 to 2016, among university students in Seong-nam Korea and comparisons for analyses were made taking into account variables that are differences in annual, practical types, on-class and clinical practice students exposure dose. The analysis showed that exposures between on-class and clinical practice received were less than the annual dose limit of 1 mSv for the public. Then, some alternatives that excluding from frequent workers during on-class practice or mitigating the frequent workers' safety regulation for only on-class frequent workers can be considered. Optimization is how rational is the reduction in exposure dose to the costs required. Therefore, the results are hardly considered for optimization. If the data accumulated, it could be considered that the revision of the act could be evaluated and improved.

• KSII Transactions on Internet and Information Systems (TIIS)
• /
• v.16 no.2
• /
• pp.587-608
• /
• 2022

The European Union recently established the General Data Protection Regulation (GDPR) for secure data use and personal information protection. Inspired by this, South Korea revised their Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the Credit Information Use and Protection Act, collectively known as the "Three Data Bills," which prescribe safe personal information use based on pseudonymous data processing. Based on these bills, the personal data store (PDS) has received attention because it utilizes the MyData service, which actively manages and controls personal information based on the approval of individuals, and it practically ensures their rights to informational self-determination. Various types of PDS models have been developed by several countries (e.g., the US, Europe, and Japan) and global platform firms. The South Korean government has now initiated MyData service projects for personal information use in the financial field, focusing on personal credit information management. There is also a need to verify the efficacy of this service in diverse fields (e.g., medical). However, despite the increased attention, existing MyData models and frameworks do not satisfy security requirements of ensured traceability, transparency, and distributed authentication for personal information use. This study analyzes primary PDS models and compares them to an internationally standardized framework for personal information security with guidelines on MyData so that a proper PDS model can be proposed for South Korea.

• Journal of Environmental Health Sciences
• /
• v.49 no.4
• /
• pp.179-182
• /
• 2023

The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.

• International conference on construction engineering and project management
• /
• 2015.10a
• /
• pp.396-400
• /
• 2015

The Building and Construction Industry Security of Payment Act 1999 (NSW) (the NSW Act) is a unique form of statutory regulation for the building and construction industry, which gives virtually all industry participants a statutory right to, and a means of recovering, payments for work done under a construction contract. The research aim is to examine current trends in adjudication applications and determinations under the NSW Act. The data used for this study was the collected by the NSW Office of Finance & Services as part of a regular reporting regime for the period from 1 July 2013 and ending on 30 June 2014. With just over 817 adjudication applications having been made over the 2013/14 period, the data indicates that adjudication is being frequently utilized by stakeholders in the NSW building and construction industry as a means of progress payment recovery. Adjudication is proving to be a popular choice for those making claims of less than AU$250,000. Claimants were awarded about 36% of the total of claimed amounts and claimants are generally successful at adjudication in terms of the proportion of the claimed amounts determined in their favour. This is particularly so in relation to claims of less than $100,000, which represents about 70% of the total applications made over the reporting period. The data indicates that adjudication fees are generally modest enough to conclude that adjudication provides claimants across all claim ranges with a relatively inexpensive means of having disputed progress payments determined by an independent adjudicator.

• Industry Promotion Research
• /
• v.9 no.1
• /
• pp.81-87
• /
• 2024

This research aims to empirically investigate the innovative effects of 2012 Cosmetics Act amendment on the cosmetics industry. By utilizing production data from the Korea Food and Drug Administration for the period 2008-2014 and estimating a panel fixed-effects model, the study demonstrates a significant positive correlation between the legislative revision and firm production. Additionally, it is observed that both the number of brands and new products per manufacturer significantly increased following the amendment. Further, this study shows a significant positive correlation between the amendment and the potential market size, with the potential market size positively correlated with innovation. The findings of this study highlight that government regulatory improvements can positively impact industrial innovation and promotion.

• Korean Journal of Social Welfare
• /
• v.61 no.3
• /
• pp.5-28
• /
• 2009

The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

• Journal of Gifted/Talented Education
• /
• v.23 no.5
• /
• pp.649-669
• /
• 2013

The research deals with the changes of the laws related to gifted education focusing on the Marland Report. As result, contrary to conventional argument for the beginning of legal ground for gifted education, 1958's National Defense Education Act(P. L. 85~864) which stipulated the article for 'identification and encouragement' for 'able students' can be said the first legislation of gifted education in the level of federal government. In the case of definition of the gifted, prior to 1972's Marland Report, there was the first legal definition in the Section 806 of the Elementary and Secondary Education Act(P. L. 91~230, 1970), which said "Children who have outstanding intellectual ability or creative talent". However Marland Report expanded the realm of the gifted from the area of intelligence to the area of leadership, art and psychomotor ability. On the basis of Marland Report, in 1974 the Office of Gifted and Talented was set up in the Department of Education for dealing with gifted education in federal. Further, Marland emphasized the importance of stipulating article related to funds for gifted education in law. Without manifesting funds for gifted education in law, he knew very well how hard it was to practice gifted education in reality. This implies that regulation funds for gifted education is crucial for effective actualization of gifted education.

• Journal of the Korea Society of Computer and Information
• /
• v.27 no.3
• /
• pp.165-171
• /
• 2022

In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.