• The Korean Journal of Air & Space Law and Policy
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• v.15
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• pp.123-145
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• 2002

Commercialization and privatization of outer space has been developing to the extent that public space law regime established at the UN seems to be somewhat incompatible with the today' s commercial launching services. Thus, this paper analyzes, at first, the UN space treaties to specify the obstacles for promoting commercial use. The necessity of some covert amendment of UN treaties is suggested through the national space legislation. Then three state practices are examined to propose a new concept of the "launching state" including the Sea Launch project, since the concept of the "launching state" is of the major importance to enact an effective national act to better accommodate UN space treaties to the present necessity.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.323-327
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• 2022

The field of this study is in Islamic jurisprudence. Taking the preferred saying is contrary to the original, and takes it if necessity or need arises. There are reasons for adopting the preferred saying that were mentioned in this research so that the mufti and jurist know when to take the preferred saying, and when to act with the most correct saying. The origin is the work of the jurist and mufti by saying the most correct. If the necessity or the need that prompted the mufti to take the preferred saying ceases, then he returns to work with the most correct saying, and gives it precedence over the most preferred opinion. The researcher recommends that this topic be given more attention from researchers, and that it is taken care of in jurisprudential developments; So that the embarrassment of the nation is lifted, and the jurists clarify the legal ruling on emerging issues.

• Journal of the Korea Safety Management & Science
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• v.19 no.4
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• pp.77-85
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• 2017

As industrialization progresses, mass production becomes a smart production system. However, industrial accidents do not decline, and during the course of industrialization, due to the logic of economic agents that have an economical and effective employment environment, they are changed to non-regular workers. The Occupational Safety and Health Act stipulates that the safety managers must be distinguished and the safety managers perform the task of conducting industrial accidents by balancing the duties and regulations specified in the Act on Special Measures for Deregulation. Safety administrators providing advice on issues needed to prevent industrial accidents and preventive measures We would like to present the problems and improvements that may arise due to safety managers' replacement due to accidents caused by industrial accidents or accidents.

• Journal of the Korean Society of Safety
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• v.33 no.4
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• pp.30-37
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• 2018

Although the safety management plan review system according to the Construction Technology Promotion Act for securing the safety of the construction work is a fundamental system essential for the prevention of the construction industry disaster, the necessity of its improvement has been raised because it often fails to meet the original purpose. In this study, through the analysis of the effect of the safety management plan and the problems of the operation, we suggest ways to improve it in view of the construction accident reduction and conducted surveys on the construction site through the questionnaires of the client, construction company, and construction business technology manager. In order to improve the effectiveness of this system as a result of the study, it is necessary to distribute the guidelines for the preparation of the safety management plan, manuals, etc., to simplify the contents of the safety management plan, also the step-by-step approval of the safety plan can be a solution. For this, it is necessary to revise the policy through consultation with the Ministry of Land, Transport and Maritime Affairs and related experts.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.267-292
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• 2009

It is a right time to improve the Korea Foreign Trade Act(KFTA) as a fundamental law on Rules of Origin(RoO) in the global trade circumstances which are summarized FTA and WTO. The KFTA's RoO constitutes the labelling system of the Country of Origin, the criterion of it, the issuing of certificate of origin and the punishing offender mainly around the importing goods. This study has focused on the problems of KFTA's RoO at the macro and practical level, and proposed the programs to improve the KFTA's RoO about importing, exporting and domestic production goods. KFTA need to create a purpose clause to protect consumers and industries also, and has to be located a general and top position in the RoO of Korea. In the concrete, the labelling system of the Country of Origin has to set limited in the point of minimum necessity view. The criterion of the Country of Origin also has to improve the wholly obtained criterion, the changing in tariff classification criterion, value added criterion and processing operation criterion to harmonize WTO Rules of Origin and FTA Rules of Origin. The punishment ceiling against offender has to raise to guarantee the effectiveness of RoO.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.4 s.27
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• pp.307-312
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• 2006

The necessity of improving manning standards in the Ship Officer's Act has recently been strongly advocated by the fisheries industry. The fisheries industry maintained the position of the relaxation cf current manning standards. However, the Labor unions, Marine Officers Association, and Radio Officers' Association persisted to strengthen the standards or to keep the current standards. This paper studies the appropriateness of current manning standards and proposes its improvement scheme to secure the safe operation of vessels.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.111-132
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• 2014

Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.11-74
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• 2010

This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

• 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 Fisheries and Marine Sciences Education
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• v.26 no.1
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• pp.108-125
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• 2014

Although South Korea had managed fishery resources based on elements included in the fishery like fisheries licence, after agreeing on UN Convention on the law in 1999, it became inevitable to adopt TAC that regulates yield. Therefore, currently operating an indecisive system by maintaining the fisheries license system while applying TAC only to some fisheries. However, it became imperative to find ways to improve the current system as it dose not solve problems such as decrease of fishery resources and catch per unit effort, excessive input of fishing boats, rising costs for fishery management, and shortage of fishery population. For those reasons, it is time to review ITQs, which is recognized globally as the most innovative fisheries management system. To adopt the ITQs, it seems necessary to compare how the fisheries act of New Zealand which is currently most successfully operated and Fisheries Resources Management Act of Korea. To do so, in this study, the provisions on TAC of the two countries are compared to analyze the institutional necessity for Korea to adopt ITQs. The following conclusions have been made : First, it will be necessary to gradually expand the species and fisheries for which TAC is enforced, and accumulate correct data on fisheries resources. Second, while forcing traders to obtain license as well, the species and quantity of traded fisheries must be reported separately for cross-checking with the catch reported by the fisheries. Third, the number of observers must be increased and report the species and quantity of the catch to person in charge at the relevant port, and observers must check the report before disembarkation. Fourth, penalty for violating Fisheries resources management act must be enhanced, especially regarding false report of fishery activities and catch.