• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.295-316
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• 2011

If the medical staff privileges, which mean the eligibility to practice at open hospitals, are excluded in the United States, antitrust claims based on the violation of the Sherman Act have been raised a lot. The proliferation of these lawsuits in the United States, which are characterized as antitrust lawsuits, can be understandable situation. The reason is because doctors who don't belong to specific hospitals are seriously damaged, if the medical staff privileges are excluded and doctors cannot use facilities of open hospitals. In order to decide to allow the privileges of certain doctors, hospitals have to rely on peer review to maintain high quality of medical services, and it is not easy to find alternative of peer review in the professional areas like healthcare. However, there are possibilities that members of the peer review can abuse power to unfairly exclude privileges of potential competitors. In this sense, it is asserted in the U.S. antitrust lawsuits that the restraint of medical staff privilege can be the illegal restraint of trade in violation of section 1 of Sherman Act and can be monopolization or an attempt to monopoly by hospitals in violation of section 2 of Sherman Act. As Korea adopted open hospital system quite recently, there is still no case related with the exclusion of medical staff privileges. However, medical staff privilege system of Korea is not different from that of the United States in principle. Thus, the U.S. jurisprudence on the exclusion of medical staff privileges can be referred in the interpretation of "practice that interferes with or restricts the activities or contents of the business" based on Article 19.1.9 of Monopoly Regulation and Fair Trade Law of Korea.

• Journal of the Korean Society of Safety
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• v.33 no.1
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• pp.73-80
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• 2018

According to the statistics publication of KOSHA, more than half of serious accidents at the construction sites were related to the temporary works and/or the temporary structures such as scaffoldings, shores, earth retaining walls, etc. The structural failures are occurred because of the overload acting on the structures or lack of performance of the one or more members of the structures. For the prevention of the collapse accidents relating to the temporary structures at the construction sites, we have to control construction processes not to occur the overload and also to control the performance and quality of each member of the temporary structures. MOLIT has amended the "Construction Technology Promotion Act" on Jan. 7th, 2015 to ensure the structural safety of the temporary structures. According to the Act, the designers of the construction design projects should check the structural integrity of the structures including the temporary structures and the construction companies have to let 'the Relative Professionals' confirm the structural integrity of temporary structures, the shores(${\geq}5m$ high) and the scaffolds(${\geq}31m$ high), before construction. Also, MOLIT has amended the "Regulation for Construction Technology Promotion Act" on Jul. 4th, 2016 for quality management and testing of temporary equipments. According th this regulation, the construction companies and supervisors should manage and test the temporary equipments before using them. In this paper, the standard drawings of the shores(< 5 m high) and the scaffolds(< 31 m high) and the amended "Business Guideline for Quality Management of Construction Work" are presented. As the result of this study, MOLIT noticed the amended "Business Guideline for Quality Management of Construction Work" on Jul. 1st, 2017.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.6
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• pp.1761-1771
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• 2016

In respect of the existing relation between Sea-going Vessels and Vessels at anchor, Korean Maritime Safety Tribunal has applied 'Ordinary Practice of Seamen' that is regulated by the article No. 2 of COLREG. That is, general navigation rule is not applied between the two vessels, and the action to avoid collision of vessels by utilizing experience knowledge of the seamen. However, the content of the Ordinary Practice of Seamen included in the revised plan in the process of 2011 "Maritime affairs Safety Act" revision was deleted in the screening of the Office of Legislation due to the reason that it could not specified when the content of deed is not concertized. Furthermore, prior application regulation of international treaty included in the existing "Sea Traffic Safety Act"(Article 5) was deleted in the screening of the National Assembly. So, doubt about whether the Ordinary Practice of Seamen could be continuously applied according to the regulation of the international treaty, nevertheless not specified in domestic law, has been continuously raised. In this situation, recently Central Maritime Safety Tribunal changed precedent by applying of Article 96(3) of Maritime Safety Act without applying Ordinary Practice of Seamen in the Case No. 2015-001. Accordingly, this study intended to review propriety of precedent change and legal issue with the decision of Central Maritime Safety Tribunal excluding Ordinary Practice of Seamen for a collision between Sea-going Vessels and Vessels at anchor.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.15 no.2
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• pp.672-677
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• 2014

The purpose of this study is to analyze the advertising regulations for juvenile protection, find their problems and suggest the alternatives for their improvements. All media products harmful to juveniles including advertising are regulated by the Juvenile Protection Act. The regulations related with advertising for juvenile protection of the Special Act on Safety Control of Children's Dietary Life, the Broadcasting Advertising Review Regulations and the National Health Improvement Act were analyzed. The results were: 1)the weaknesses of the implementation of the regulations with lack a little consistency and a lack of objectivity; 2)the necessity of the newly established articles with the times; and 3) the urgency of the establishment of alcohol advertising regulations. In conclusion, it has been suggested that the integrated advertising regulations or guidelines by the unitary review board should be implemented.

• Journal of Digital Convergence
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• v.17 no.8
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• pp.47-60
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• 2019

The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

• Journal of Cadastre & Land InformatiX
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• v.52 no.2
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• pp.5-16
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• 2022

Since 1910 the enactment of the Land Survey Act, Special Act on Cadastre Resurvey was enacted after about a century and the Surveying for the Cadastral Resurvey Project will be scheduled by 2030. The establishing boundaries occupies an important proportion in this project and the regulation on surveying for the cadastral resurvey provide specific examples of the criteria for it. This regulation can be set according to not only ground boundary and cadastral boundary, but also customary boundaries of the relevant region and boundaries agreed between landowners. However, there is no standard rule whether to accept the agreement boundary and can be abused some problems. In addition, there is a question about the subject that agreement between individuals on the public record managed by the nation. In this study, boundary agreed in cadastre related subject is examined in depth and improvement proposal about the problems. The research results can be established evaluation standard of competent authorities of the cadastral records and the Surveying for the Cadastral Resurvey Project will be progressed smoothly with effective use of land.

• Korean Security Journal
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• no.47
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• pp.139-165
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• 2016

In Mongolia, the regulation related to the private security industry, the Law on Contracted Private Security Services, was legislated relatively recently. The Law on Contracted Private Security Services was enacted into law in Mongolia 16 years ago, in 2000. This regulation has undergone two amendments since its inception. However, new revisions still need to be made to ensure that this regulation is in line with internationally accepted standards and practices. This paper compares the existing private security regulations of South Korea and Mongolia. The purpose of this comparative study was to identify the weaknesses of and problems in the Mongolian regulation and propose amendments to the Mongolian regulation. The comparative study of the two countries' regulations showed and underscored an imperative need to make further amendments to the Law on Contracted Private Security Services. Specifically, the weaknesses of and problems in the Mongolian regulation at issue include the following: the level of accuracy in defining certain legal terms and providing the proper names for various regulations; stipulations which set forth the procedure for registering a private security company; provisions regarding operating a private security company; the details of eligibility and accountability requirements concerning chief executives and security service officers; and the scope of work provisions. This study proposes constructive amendments to strengthen the Law on Contracted Private Security Services.

• BMB Reports
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• v.57 no.3
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• pp.149-154
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• 2024

The stomach has emerged as a crucial endocrine organ in the regulation of feeding since the discovery of ghrelin. Gut-derived hormones, such as ghrelin and cholecystokinin, can act through the vagus nerve. We previously reported the satiety effect of hypothalamic clusterin, but the impact of peripheral clusterin remains unknown. In this study, we administered clusterin intraperitoneally to mice and observed its ability to suppress fasting-driven food intake. Interestingly, we found its synergism with cholecystokinin and antagonism with ghrelin. These effects were accompanied by increased c-fos immunoreactivity in nucleus tractus solitarius, area postrema, and hypothalamic paraventricular nucleus. Notably, truncal vagotomy abolished this response. The stomach expressed clusterin at high levels among the organs, and gastric clusterin was detected in specific enteroendocrine cells and the submucosal plexus. Gastric clusterin expression decreased after fasting but recovered after 2 hours of refeeding. Furthermore, we confirmed that stomachspecific overexpression of clusterin reduced food intake after overnight fasting. These results suggest that gastric clusterin may function as a gut-derived peptide involved in the regulation of feeding through the gut-brain axis.

• Environmental Analysis Health and Toxicology
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• v.30 no.sup
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• pp.1.1-1.5
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• 2015

Objectives Despite the great contribution made by chemical substances to the development of modern civilization, their indiscriminate use has caused various kinds of damage to the global environment and human beings. Accordingly, the major developed countries and international society have tried to ensure the safe use of chemicals and a reduction in the use of hazardous chemicals through the establishment of the United Nations Environment Programme and various international agreements. In this reason, we tried to introduce about Green Chemistry progress at the present in worldwide and Korea. Methods We checked and analyzed relative journals, reports using keyword as like Green Chemistry, alternative chemicals, eco-friendly etc. and major country's government homepage search. Results Green Chemistry theory, which argues for the reduction or removal of harmfulness in chemicals throughout their entire life-cycle, has been spreading, and major developed countries, such as the US and Denmark, have developed and operate programs to provide reliable chemical information to help replace hazardous chemicals. Korea has also been conducting studies as like eco-innovation project. Through this project the "Alternative Chemical Search program," has been developed, distributed, and operated since 2011 to provide reliable information to small and medium-sized businesses that have difficulties collecting information to ensure conformity to international regulations. The program provides information that includes the regulations of major countries and Korea, information on 340 alternative chemicals, 70 application cases, and 1:1 consulting. Conclusions The Alternative Chemical Search program is expected to contribute to the establishment of response systems for regulation of Korean small and medium-sized businesses, and it also will be used to provide basic data for Korean hazardous chemical regulation, together with the Act on the Registration and Evaluation, etc. of Chemical Substances and the Chemical Control act, making it possible to establish an infrastructure for Green Chemistry in Korea and to increase national competitiveness.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.30 no.2
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• pp.99-108
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• 2020

Objectives: This study aimed to compare the regulatory systems for laboratory safety and health management between Korea and Germany and discuss the implications. Methods: Laboratory safety and health regulations for legal enforcement and relevant technical guidelines in Korea and Germany were reviewed. Results: Lab safety and health management is enforced by the Act on the Establishment of Safe Laboratory Environment in Korea. Most provisions focus on supervisory control, that is, the principal's liability is emphasized. In addition, there is a lack of laboratory-specific procedures for safety and health management in the act since it is stipulated that other relevant regulations apply to some technical contents. Non-compulsory technical guidelines for lab safety and health management are also provided by the Korea Occupational Safety and Health Agency (KOSHA) in order to enable researchers to follow safe procedures. There is no independent regulation for lab safety and health in Germany, and it is also governed by several regulations. The German Social Accident Insurance Institute provides technical guidelines on lab safety and health, and these contain more specific content to allow them to be followed more easily compared to the KOSHA guidelines. The most remarkable differences between the regulation of each country were contents of the risk assessment and specific protect measures from hazardous agents. Conclusions: Regulatory control is an essential way to prevent accidents, but it is more important to create an environment in which all stakeholders, including individual lab members, are allowed to participate actively in safety and health management activities.