• Title/Summary/Keyword: Act/Regulation

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Rethinking the Regulation of Suggestive Advertising for Juvenile Protection: Focusing on the Meaning of 'Suggestive Advertising' (청소년 보호를 위한 '선정적 광고'의 규제에 대한 재고: '선정적 광고'의 의미를 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Convergence Society
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    • v.9 no.2
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    • pp.145-150
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    • 2018
  • Recently, it has been continually researched that the advertising regulation should be tightened since suggestive advertising in Internet affect more negatively juveniles. Most of the researches seem to overlook an important fact that the objects of the researches, suggestive advertising are different from the harmful advertising to juveniles defined by the Juvenile Protection Act because they approached with ethical perspectives, not legally. It can be judged that the suggestive advertising in the past researches are not actually harmful advertising regulated by the Act, so the suggestive advertising should be properly managed for protecting juveniles, not banned. In this context, this study suggested that more proper and reasonable advertising regulations in Internet environment for protecting juveniles, with reviewing the problems of regulation system of media product harmful to juveniles, focusing on the differences between 'suggestive' and 'harmful' advertising to juveniles by the Act.

Status of Policies Relating Biosafety

  • Jang, Hi-min
    • Journal of Plant Biotechnology
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    • v.5 no.1
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    • pp.13-17
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    • 2003
  • Biotechnology is certainly one of the major landmarks in the 20th century history of science. It may produce enormous utility to human beings, but at the same time, it carries huge potential risks to the environment and public health. Thus, with a view to securing safety for the environment and public health in relation to the development and use of living modified organisms (LMOs), the Cartagena Protocol on Biosafety was adopted, in which a regulation Procedure as to the transboundary movements, transportation, handling, and use of LMOs were drawn up. In order to prepare for the entry into force of the Protocol, the Republic of Korea legislated the "Act on the Transboundary Movements of living modified organisms(hereinafter referred as the 'Act')" in Mar 2001, and has pre-announced the enactments of the enforcement ordinance and the enforcement regulation to the Act. Pursuant to the Act, the Ministry of Commerce, Industry and Energy, as a Competent National Authority, is making efforts to implement domestic biosafety schemes in cooperation with other bio-related government ministries. In order for these efforts to reap fruits, industry, academia, and research institutions should cooperate with one another, and civic groups and NGOs should narrow the differences in opinions and timely respond to the fast-changing situations. Focusing on the precautionary principle, the Protocol puts a great emphasis on the importance of information sharing amongst countries, and the Act also follows this principle. In order to gurantee biosafety, countries around the world, including the ROK, agreed to establish National Biosafety Clearing, designed to provide the information on the export/import of LMOs, R'||'&'||'Ds, risk assessment, safety control, etc. and register it on the CBD Central Biosafety Clearing House.e.

Significance and Challenges of the 4th Full Revision of the Fisheries Act (제4차 「수산업법」 전부개정의 의의와 과제)

  • Yong-Min Shin; Gyeo-Woon Jeong
    • The Journal of Fisheries Business Administration
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    • v.54 no.4
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    • pp.1-18
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    • 2023
  • This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.

A Comparative Study on the Korean Type Regulatory Sandbox System : the Industrial Fusion Promotion Act, the Information and Communication Convergence Act, the Financial Innovation Act, A Study on the Regional Special Districts Act (한국형 규제 샌드박스 제도에 대한 비교분석 연구 : 산업융합촉진법, 정보통신융합법, 금융혁신법, 지역특구법을 중심으로)

  • Choi, Ho-Sung;Kim, Jung-Dae
    • Journal of Digital Convergence
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    • v.17 no.3
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    • pp.73-78
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    • 2019
  • Recently, there is a need to introduce a Korean-style restriction sandbox system that exempts or suspends existing regulations so that new products or services based on new technologies can be commercialized without restrictions. In response, the government reorganized the relevant statutes to promptly check regulations centering on four fields, including industrial convergence, ICT, FinTech, and regional innovation growth, and to allow experimental, proof and market releases by setting certain conditions(zone, period, scale, etc.). However, despite the same regulatory sandbox application, depending on the nature of the field applied, differences in application subject, whether application of regulatory specifics, system of push ahead decision-making and whether support of financial and taxation are shown. This research is intended to present efficient operation measures for successful settling of Korean-style regulation sandboxes by comparing and analyzing, centering on the Industrial Fusion Promotion Act in the Industrial Convergence Field, ICT field's Information and Communication Convergence Act, FinTech field's Financial Innovation Act and Regional Special Zone Act in the Regional Innovation and Growth Sector.

The Effects of the change in Telecommunication Regulation on Incentive for Network Investment and Innovation - Based on Korean Telecommunications Regulation Changes-

  • Jung, Choong Young;Jung, Song Min
    • Asian Journal of Innovation and Policy
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    • v.1 no.2
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    • pp.148-167
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    • 2012
  • This paper analyzes the impact of the change in telecommunication regulation changes including the unification of telecommunication service on network investment. The unification of telecommunication service plays a role of separating behavior regulation from entrance regulation and reducing entrance constraints. Therefore, it is expected that the market spillover effect is high through the improvement of behavior regulation. In addition, the effects of the other regulation changes in the 2010 Telecommunications Business Act revision are analyzed. This paper discusses critical factors affecting the decision making process in respect to the firm level and analyzes the impact path guiding investment and innovation. The key findings are as follows. First, the impact of entrance deregulation depends on the intensity of deregulation. If the intensity is not high, this regulation increases the incentive on investment and innovation. However, if the intensity is high as shown in abolishing of licensing, it affects the incentive negatively. Second, if interconnection regulation focuses on existing facilities or the intensity is not strong, this light handed regulation might increase investment and innovation. However, if interconnection obligation is expanded to the facility not constructed or the facility applying new technology, this regulation might deteriorate investment. Third, price deregulation increases the competition of service but it also increases the business opportunity, which means positive effect on investment. Finally, the paper proposes the guideline for telecommunications policy.

Discussion on the Revision of Foreign Trade Act Including Trade in Services in Korea (서비스무역을 포괄하는 대외무역법 개정 방향)

  • Park, Moon-Suh
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.213-235
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    • 2004
  • As national income of a country increases, people's needs for the services are also increasing. Recently, Korea has been confronted with deficit of service account in BOP, despite surplus of goods account. We can suppose that the reason why service deficit has been occurred continuously is mainly due to the system of Korean Foreign Trade Act which exclude the regulation of trade in services. That is, the Act could not regulate trade in services in Korea. So, Korea could not promote the export strategies for trade in services. This paper focuses on discovering the substitutional strategies for the revision of Foreign Trade Act in Korea. As a result, it was concluded that Foreign Trade Act in Korea should be reestablished fundamentally and also should include the articles related to trade in services and trade in goods simultaneously.

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Understanding Medicine as a Multi-dimensional Concept in the Legal Context (의료 개념의 다층적 이해와 법)

  • Kim, Na-Kyoung
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.75-112
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    • 2010
  • This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

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The Problem and Resolution of The Act for Prevention of Insurance Fraud

  • Kim, Hyun-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.1
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    • pp.207-215
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    • 2019
  • The insurance system is indispensable to our society. However in recent years, there have been a lot of insurance fraud crimes, such as the abuse of these valuable insurance system and the cheating the insurance proceeds. These insurance frauds make the insurance companies harder to manage, and as a result, the insurance premiums have risen, which has caused a lot of damaging good policyholders. However, the damage caused by insurance fraud has been continuously increasing due to the punishment of cotton stick. Therefore, after the long discussion, the 'The Act for Prevention of Insurance Fraud', which is a special law recently has been enacted. However, within two years of the enactment of this law, which was enacted after much anticipation and long waiting, there is already debate about its effectiveness. The reason for this is that even though the law was enacted and enforced, insurance fraud continues to increase and even punishment for these crimes is not strengthened, and now it is time to look for specific problems and resolutions for these crimes see. So in this paper the author dealt with the problems of the law, first, related regulation of insurance payment, second, right to terminate insurance contract and return of insurance proceeds, third, regulation on notification of investigations, fourth, regulations on the adequacy of hospitalization. Of course, since this law has just been enacted, there are many other problems besides these problems, but I tried to present a fresh resolution based on the problems that have been mainly discussed since the legislative period.

An Analysis of School Health Law in Korea (학교보건(學校保健) 관계법령(關係法令) 분석(分析))

  • Kim, Sang Wook
    • Journal of the Korean Society of School Health
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    • v.1 no.1
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    • pp.61-102
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    • 1988
  • One of the first constitutional challenges to congressional legislation in the area of school health came in 1967. The action of Ministry of Education for the school health program is within school health act constituted 20 Articles and its regulation of 14 Articles. This study was reviewed the school health act and its regulation for the development of school health program. The data were collected by 14 Boards of Education from November 1986 to January, 1987. The results of this study were identified the articles needss to change such as the articles with regard to health education activity, physical assessment activity, criteria of school health environment, control of communicable disease, First-Aid and clinic management by School nurses.

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A Study on the Defense Standardization Policy Roadmap (국방 표준화 정책 로드맵에 관한 연구)

  • Kim, Jin-Chul;Choi, Seok-Cheol
    • Journal of the Korea Institute of Military Science and Technology
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    • v.11 no.1
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    • pp.33-42
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    • 2008
  • Many advanced countries including the U.S. consider defense standardization as a critical task for the efficient acquisition and effective operation of weapon systems and have implemented the appropriate standardization policy by synchronizing the defense acquisition strategies and nation standardization policy with defense standardization. It is required to develop the long-term defense standardization policy that can cope with the future domestic and international defense environmental changes. Therefore, it is an inevitable task to investigate the standardization trends and strategy in the domestic and international perspectives. The study aims to provide the vision of defense standardization policy, act/regulation, organization/personnel, education/training and information system.