• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.1
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• pp.73-82
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• 2017

This study is focused on concepts and types of drilling investigating the scope of activity and problems the application of marine environment and safety acts related to deep-sea drilling for the development of the continental shelf in Korea. For the systemic development of subsea mineral resources, this study suggest a legislative proposal for the establishment of a separate law based on the UK Offshore Installation (Safety Case) regulation and improvement of the marine environment management act, maritime safety act and oil & mining safety regulation. Specially, this study emphasized on the necessity of establishing education, training and evaluation system according to the international certification training for the domestic work force based on accident cases related to overseas offshore plants.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.50 no.3
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• pp.385-395
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• 2014

This study is one of the research series for providing basic data that would contribute to the development of the field of fishing industry through the systematic fishing management, protection of fishery resources and healthy fishing culture with safety measures for fishermen in Jeju island according to the implementation of "Fishing Management and Support Act". As a result of analyzing the related acts, the contents of this study are related with provisions of "Fishing management and Support Act" on acts on fishing management, fish bait management, support for fishing and fishing related industries and with provisions of "Act of the preservation and management of desert island" on the preservation, use and development of desert island (use and development in a desert island, behavior in usable desert island). As a result of the survey, the rocks on the seashore showed the highest popularity with 52.6% for fishermen and the seawall was the highest with 47.1% for Maritime police as their fishing place in the fishing related activity data. And as the survey result about the awareness of "Fishing management and Support Act", 65.2% of general fishermen, 36.0% of maritime police and 70.5% of fishing related agencies answered that they knew the act. It was also surveyed whether they consider its contribution to fishing related industry development and positive result was shown by general fishermen and maritime police with 46.8%, 48.0% respectively whereas fishing-related enterprises showed negative answer with 47.7%. In the survey of fishing related regulation standard, general fishermen, maritime police and fishing related agencies all showed different opinions regarding the regulation standard. It is recommended that regulation standard needs to be set up after detailed review.

• Journal of Korean Library and Information Science Society
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• v.33 no.3
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• pp.327-358
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• 2002

The study has Proceeded through examining and analyzing related laws and articles on library exemption relating to reproduction and transmission in digital environment. First of all, the study investigates and analyzes in detail the changes and characteristics of the regulation of library exemption in WCT, EU, U.S., Japan, and Australia. After analyzing of the article 28 in current Copyright Act and amended proposal for Copyright Act in Korea, it found the regulation to be inadequate. As a result of the legal analysis, this paper is proposing a revised plan of the article 28 in the Copyright Act of Korea.

• Journal of Dairy Science and Biotechnology
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• v.25 no.1
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• pp.47-54
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• 2007

The labeling for functionality of food or food components are recognized globally and are essential for the growth of dairy product industry. To expand the functional claims of dairy product especially fermented milk product, the regulations restricting the labeling of functionality should be amended as soon as possible. The labeling regulations of functionality and efficacy for processed and functional foods in related Acts and subordinated statues such as definition, scope of claims, etc. were reviewed and the problems existed in the system were identified. The definition and classification of efficacy for processed food in Food Sanitation Act were analyzed to revise the labeling regulation of dairy product. A draft of amended labeling regulation for the functionality of dairy product is proposed, which provides consumers with appropriate information of beneficial effects on health purpose for human body structure and function. In order to develop the dairy products and related industries, these contents should be considered when the annexed Table 14 in the Enforcement Rule of the Processing of Livestock Products Act is amended.

• Journal of Internet Computing and Services
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• v.17 no.4
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• pp.145-159
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• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.317-338
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• 2011

The World Health Organization (WHO) tries to accomplish the goal of 'smoke free society', and developed countries regard the nicotine as an addictive drug. In order to better protect human health, all parties are required to adopt and implement effective legislative, executive, administrative or other measures for tobacco control in accordance with Article 4 the Framework Convention on Tobacco Control (FCTC). In order to achieve the objective of the FCTC and its protocols and to implement its provisions, Korea need to take an attention on the U.S. Family Smoking Prevention And Tobacco Control Act of 2009 and Final Rule. It is need to integrate and centralize of tobacco safety administration and smoking prevention for the national health promotion.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• Korean Architects
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• s.518
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• pp.75-75
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• 2012

• Korean Architects
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• s.517
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• pp.75-75
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• 2012

• Journal of Fisheries and Marine Sciences Education
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• v.29 no.3
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• pp.811-821
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• 2017

This paper intends to propose the direction for improving the welfare space in crew accommodation of fishing vessels engaged in coastal and inshore fishery business in order to solve the phenomenon which young fishers trend to avoid working on fishing vessels. Coastal and inshore fisheries are defined as permitted fisheries business under the Fisheries Act and classified into coastal fisheries and inshore fisheries based on a gross tonnage of 10 tons. Fisheries Act also stipulates the upper limit tonnage regulation and the restrictions on bottoms of fishing vessels permitted for coastal and inshore fisheries to protect fishery resources and to prevent overfishing. It is difficult to increase the welfare space in crew accommodation of fishers under such restrictions because the welfare space in crew accommodation could be secured by reducing the space for the strength of fishing. Therefore, this paper compares the revision trend of the international convention(The Work in Fishing Convention, 2007) and domestic laws on welfare space in crew accommodation of fishing vessels engaged in coastal and inshore fishery business to find out the problems and improvement points in securing the welfare space in crew accommodation of fishing vessels. As a result, it is proposed to revise the Enforcement Ordinance of the Fisheries Act so as to secure the welfare space in crew accommodation of coastal and inshore fishing vessels within the scope of maintaining the maximum allowable tonnage limit regulation by adding an exemption provisions of the restrictions on bottoms of fishing vessels in which case the gross tonnage is increased for securing the spaces for crew accommodation and sanitary facilities of fishers without increasing net tonnage where the bottoms of fishing vessels is increased by renovating or replacing the fishing vessels bigger than the bottoms of fishing vessels permitted within the scope of maintaining the maximum allowable tonnage limit regulation.