• Journal of the Korean Society for information Management
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• v.33 no.4
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• pp.293-312
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• 2016

This study aims to shed light on the relationship between information official disclosure and records management in the local government's authority regulations. To that end, analyzed 337 local autonomy laws found in ELIS and the Ministry of Office of Legislation. As a result, it found a link between the 'Public Records Act' in terms of 'records preservation (making minutes)', 'information disclosure procedures for transferred records,' and claims receiving department. 'Record keeping (written minutes)' was similar to that of the 'Public Records Act,' and the 'Claims Receiving Department' mentioned 'Record Management Department.' However, the 'Claims Reception Department' had a strong characteristic of the civil service department, and the 'Public Record Act' did not specify the clause in terms of 'minutes of the minutes.' In 'relation with other laws.'

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.6
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• pp.928-936
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• 2022

According to the current status of marine accidents in Korea, the number of accidents is steadily increasing by an approximate average of 8.5% per year, and marine accidents are steadily increasing for ships and structures such as floating barges, tugboats, ferries and floating platforms except for fishing ships. In this study, domestic floating structures were classified according to the type of floating structure, and the regulation system and the scope of the application of floating marine structures were schematically illustrated according to related domestic laws such as the Ship Safety Act, Ship Act and Fishing Management and Promotion Act. In addition, considering the state of the marine environment, it was intended to discover structurally delicate parts and risk factors early in blinded safety spots in applying domestic regulations, and to derive effective improvement measures for the discovered risk factors.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.71-97
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• 2021

The meaning of the amendment to the Media Arbitration Act in our society is not limited to media companies. And it's not just a problem for a specific group. It expresses public value because it is an issue that can affect members of society as a whole and furthermore, it becomes a bill that can infringe or strengthen individual freedom guaranteed by the Constitution, but makes different arguments. Freedom of speech is not achieved in a day and should not be easily lost by someone. Although it is not a frequent problem, fatal threats arising from wrong media reports take away an individual's present and future. It is because of this problem that the responsibility is important. Freedom of speech and control are heading in different directions, but they are the same as the front and back of the coin. The freedom pursued is different, but it consists of one body. If freedom and responsibility of speech made up of one body criticize or ignore each other, the results are scattered into a distorted On the other hand, the flexion of responsibility without freedom serves as a speaker that conveys the ideology of some classes or represents the interests of a particular group. The fact that the media should act as the air of society means that it should represent the interests of the majority, make them aware of the rights of unfair or marginalized members, and be their strength.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.185-207
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• 2014

There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

• KIEAE Journal
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• v.16 no.6
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• pp.57-67
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• 2016

Purpose: Laws and regulations of land use are enormous, and the appliance of regulations is overlapped redundantly. Therefore, there are many problems such as time consuming in the process, limiting individual property rights, and interrupting enterprises' economic activities. This study will discuss problems of redundant regulations of land use and its improvement by figuring out current regulations of land use in Gyeonggi-do, one of provinces which applies the most various regulations of land use. Method: This study reviews laws on national land-use planning system and characteristics of land-use regulation in Korea. The extent of the review is limited to "framework act on the regulation of land use" with categories of national land, urban planing, architecture, etc. Through case studies in Gyeonggi-do, the status and problems of redundant regulations of land use are defined. For example, it is overlapped in "Seoul Metropolitan Area Readjustment Planning Act", Development Restriction Zone, Paldang Special District, and so on. It is mainly referred to 2015 Gyeonggi-do land-use restriction map. Result: First, Gyeonggi-do confronts many problems related to the development restrictions and the financial increasement for environmental management by redundant regulations. The development restrictions include supplying additional land for industrial use, relocating colleges, and height limitation relating to military facilities. Second, in order to organize redundant regulations, it is required to combine similar regulations and adjust through communication system among other departments. Third, regulations should consider unique local condition of each district. Lastly, efficient application of regulations is necessary so as to maximize the function of land, protect individual property rights, and stimulate local development.

• Informatization Policy
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• v.29 no.3
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• pp.48-60
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• 2022

This research analyzes the potential reform of Section 230 of the Communications Decency Act through the new institutionalist approach. The immunity provision of the Section 230, which has developed the U.S. Internet content regulation regime and protected big tech firms, is facing a significant change today. The chambers of Congress have attempted to limit the immunity shield for platforms with bipartisanship. As a result of analysis through the perspective of historical institutionalism, a critical change could come from external events including fake news controversies and data privacy scandals, as well as endogenous factors such as conflicts among actors. The discussion deals with the possible direction of Internet content regulation reforms in Korea.

• Resources Recycling
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• v.25 no.6
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• pp.82-91
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• 2016

The framework act on resource circulation was got through the Korea National Assembly in May, 2016. It is the most important to analyze and understand its purpose, main contents, and policy direction of the framework act because this act will lead the resource circulation policy. Korea government is going to enact subordinate statutes such as its enforcement decree and regulation to enforce the act in January, 2018. No later than enforcement of the act, its subordinate statutes should be studied indepth and consulted without any bias in order to satisfy the intent - promotion of transition toward a resource circulation society - of the act. Therefore, in this study, the points in dispute in the act are indicated and the issues and specific directions of key articles are reviewed. The ideas to maximize the effectiveness of its subordinate statutes are also suggested.

• Journal of the Korea Safety Management & Science
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• v.9 no.1
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• pp.77-84
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• 2007

This study was planned to investigate what the main factor of the regulation compliance of inspection on harmful machine, instrument and equipment by industrial safety and health act is. This study subject was composed of three groups as employers, employees of manufacturing and using the harmful machine and safety inspectors. Manufacturing workplace were 236 places, using workplace were 201 places and the safety inspectors were 100 people. The study subject was sampled by stratified random sampling considering the type of harmful Machine. Data for analysis is collected from each sample using interview with structured questionnaires. Compliance is measured by 2, 3, and 4 point scale composed by 8 sub items such as general perception, understanding, clearness, necessity, relevancy, implementation, penalty, and general compliance of the regulation. The level of 8 items of employer's compliance are not differentiated among three groups. The determining factors for inspection observance of the workplace using the harmful Machine were understanding, penalty and cognized compliance. The determining factors for inspection observance of the workplace manufacturing the harmful Machine were understanding and object conformity. These results show that the strategy to adapt the regulated group to inspection regulation will be the elevation of understanding for regulation first of all.

• Korean journal of communication and information
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• v.44
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• pp.180-222
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• 2008

This study briefly examines the regulation of market-dominating enterprises in terms of market definition, judgement about market dominance, judgement about abuse of market-dominant position, and types of abuse of market-dominant position. This study explores Korea Fair Trade Commission's judgemental cases regarding the prohibition of abuse of market-dominant positions under 'Korea Monopoly Regulation and Fair Trade Act' and focuses on 21 cases related with Korean media industry. Based on this case analysis and literature review, this study derives major issues, problems, and possible alternatives in the regulation of market-dominating enterprises in media markets. And this study suggests implications about monopoly regulation and fair competition policy of Korean media industry.

• Journal of Arbitration Studies
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• v.13 no.1
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• pp.169-205
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• 2003

Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.