• 수산해양교육연구
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• 제29권3호
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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.

• 한국융합학회논문지
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• 제9권2호
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• pp.145-150
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• 2018

최근 청소년 보호의 시각에서 인터넷의 선정적 광고가 청소년에게 미치는 부정적 영향이 증가하기 때문에 규제를 강화해야 한다는 연구가 지속되고 있다. 그런데 이 대부분의 연구들은 법적 차원이 아닌 윤리적 차원에서 접근하였기에 그 연구의 대상인 선정적 광고들이 청소년보호법에서 규정한 청소년유해매체물로서의 광고와는 다름에도 불구하고 이 점을 간과했다고 사료된다. 기존 연구들이 제시한 선정적 광고들은 청소년보호법 상의 청소년유해매체물은 아닌 것으로 판단되기에 청소년으로부터의 '금지'가 아닌 청소년을 위한 '관리'적 차원의 규제 방안이 필요하다 할 것이다. 이러한 맥락에서 본 연구에서는 청소년유해매체물 규제 제도의 문제점을 검토한 후, '청소년유해매체물로서의 광고'와 일반적으로 지칭되고 있는 '선정적 광고'의 차이에 대해 논의하고 인터넷 환경에 적합하면서도 합리적인 광고 규제 방안을 제시하였다.

• Journal of Plant Biotechnology
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• 제5권1호
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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.

• 수산경영론집
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• 제54권4호
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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.

• 디지털융복합연구
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• 제17권3호
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• pp.73-78
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• 2019

최근 신기술 기반의 새로운 제품이나 서비스를 규제 제약 없이 사업화를 진행 할 수 있도록 기존 규제의 유예 또는 면제를 시켜주는 한국형 규제 샌드박스(Sandbox) 제도의 도입 필요성이 제기되고 있다. 이에 정부에서는 산업융합, ICT, 핀테크 및 지역혁신성장 등 4개 분야를 중심으로 규제 여부를 신속히 확인하고, 일정한 조건(구역 기간 규모 등)을 설정하여 실험 실증과 시장출시를 허용하도록 관련 법령을 정비하고 있다. 그러나 동일한 규제 샌드박스가 적용됨에도 불구하고 적용되는 분야의 특성에 따라 신청주체, 규제특례의 적용여부, 의사결정 추진체계 및 재정 세제 지원여부 등의 차이점이 보인다. 본 연구는 규제 샌드박스가 적용되는 산업융합 분야의 산업융합촉진법, ICT 분야의 정보통신융합법, 핀테크 분야의 금융혁신법 및 지역혁신성장 분야의 지역특구법을 중심으로 비교 분석하여, 한국형 규제 샌드박스의 성공적인 안착을 위한 효율적인 운영방안을 제시하였다.

• Asian Journal of Innovation and Policy
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• 제1권2호
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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.

• 통상정보연구
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• 제6권1호
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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.

• 의료법학
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• 제11권2호
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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.

• 한국컴퓨터정보학회논문지
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• 제24권1호
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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.

• 한국학교보건학회지
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• 제1권1호
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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.