• Title/Summary/Keyword: Amending Process

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Comparative Research on Global Policy in ICT Accessibility for Vulnerable Groups -Focusing on Implementation of Legislative System- (취약계층을 위한 정보통신 접근성 정책에 대한 국가 간 비교 연구 -관련제도 중심으로-)

  • Kim, Jung-Yeon;Park, Sung-Woo;Kang, Byung-Gwon;Son, Chang-Yong;Jung, Bong-Keun
    • 재활복지
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    • v.20 no.1
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    • pp.131-150
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    • 2016
  • This study aims to compare global policies on ICT accessibility and to suggest possible solutions that help to enhance ICT accessibility for socially disadvantaged groups. The results indicated that related laws and standards in Korea are relatively well established than Asian countries' whereas they need improvements when compared to the US or the UK. Particularly, in spite of rapid development in information communication technology industry, incorporating the definition of newly developed technologies into existing laws related to ICT accessibility seemed slow that caused reluctancy of related parties to address accessibility issues the new technologies create. In addition, Korean government seems less effortful to develop policies and standards apart from web and mobile application accessibility. In order to resolve the problems, firstly, the period or process of enacting and amending laws can be shorten. Next, a government affiliated research institute can be established to do research and develop ICT accessibility related to user scenarios so that effective policies and standards could be readily provided. Even though other possible solutions can be suggested, what is more important than that is that any interested parties should sustainably make efforts to provide equal opportunities for the underserved populations.

Critiques of 'The Endangered and Protected Wild Species List in Korea' Proposed by Korea Ministry of Environment and Listing Process - Is This the Best Process for the Current National Management of Endangered Wildlife and Plants in Korea? - (2011년 환경부 멸종위기종 등록절차 및 대상 멸종위기종 식물 목록 재고-과연 현재 국가 멸종위기종 관리가 최선의 방안인가? -)

  • Kim, Hui;Lee, Byong Cheon;Kim, Yong Shik;Chang, Chin-Sung
    • Journal of Korean Society of Forest Science
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    • v.101 no.1
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    • pp.7-19
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    • 2012
  • After having announced legislation for threatened or endangered species on the List of Endangered and Threatened Wildlife and Plants in 2005, the Korea Ministry of Environment proposed (in June 2011) amending the list, thereby delisting or reclassifying endangered species using new quantitative criteria for two levels (I and II), as well as status reviews. The new legislation included 40 species remained in their original endangered status, but 19 species were delisted, 5 species were proposed as candidates for delisting, 29 species were given a new endangered listing, and 3 species were proposed for an endangered listing in Korea. We assessed the threatened status of 98 plants using the IUCN Red List Criteria (version 3.1) at the global level, and compared the Ministry's revised criteria with the IUCN Red List Criteria and ESA criteria used in the USA. Most species proposed by the Ministry do not qualify as threatened and one of the major difficulties found in applying IUCN Red List Criteria at the global scale was a lack of knowledge on the status of species at broader geographic scales and the perceived difficulty this causes. Under the current classification process, many endangered species, such as Abeliophyllum distichum, Leontice microrhyncha, Echinosophora koreensis, Leontopodium coreanum, Iris odaesanensis, and Corylopsis coreana at global level were excluded here. Knowledge gaps and uncertainties mean that the number of taxa at high risk of extinction may be substantially greater than is currently understood. Due to a lack of information on its taxonomic status, currently there is controversy over the Red List status of Physocarpus insularis. Also, Caragana koreana, which was an invalidly published name, should be excluded here. Although the Korea Ministry of Environment insisted this procedure was conducted by applying the modified IUCN threat categories and definitions, this evaluation has been carried out based only on subjective views and misapplication of the IUCN Red List Criteria. The current listings by the Korea Ministry of Environment should be challenged. We suggest that broad species concepts on endemic species are applied and also criteria that adequately address the proper quantitative knowledge should be used. It is suggested that the highest priorities for the Red List should be given to endemic species at least in the Korean peninsula first at global scale.

The New Conflict of Laws Act of the Republic of Korea (개정 국제사법(國際私法)의 소개 : 국제거래(國際去來)에 미치는 영향을 중심으로)

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.23-62
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    • 2003
  • The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

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Are Bound Residues a Solution for Soil Decontamination\ulcorner

  • Bollag, Jean-Marc
    • Proceedings of the Korean Society of Soil and Groundwater Environment Conference
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    • 2003.10a
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    • pp.111-124
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    • 2003
  • Processes that cause immobilization of contaminants in soil are of great environmental importance because they may lead to a considerable reduction in the bioavailability of contaminants and they may restrict their leaching into groundwater. Previous investigations demonstrated that pollutants can be bound to soil constituents by either chemical or physical interactions. From an environmental point of view, chemical interactions are preferred, because they frequently lead to the formation of strong covalent bonds that are difficult to disrupt by microbial activity or chemical treatments. Humic substances resulting from lignin decomposition appear to be the major binding ligands involved in the incorporation of contaminants into the soil matrix through stable chemical linkages. Chemical bonds may be formed through oxidative coupling reactions catalyzed either biologically by polyphenol oxidases and peroxidases, or abiotically by certain clays and metal oxides. These naturally occurring processes are believed to result in the detoxification of contaminants. While indigenous enzymes are usually not likely to provide satisfactory decontamination of polluted sites, amending soil with enzymes derived from specific microbial cultures or plant materials may enhance incorporation processes. The catalytic effect of enzymes was evaluated by determining the extent of contaminants binding to humic material, and - whenever possible - by structural analyses of the resulting complexes. Previous research on xenobiotic immobilization was mostly based on the application of $^{14}$ C-labeled contaminants and radiocounting. Several recent studies demonstrated, however, that the evaluation of binding can be better achieved by applying $^{13}$ C-, $^{15}$ N- or $^{19}$ F-labeled xenobiotics in combination with $^{13}$ C-, $^{15}$ N- or $^{19}$ F-NMR spectroscopy. The rationale behind the NMR approach was that any binding-related modification in the initial arrangement of the labeled atoms automatically induced changes in the position of the corresponding signals in the NMR spectra. The delocalization of the signals exhibited a high degree of specificity, indicating whether or not covalent binding had occurred and, if so, what type of covalent bond had been formed. The results obtained confirmed the view that binding of contaminants to soil organic matter has important environmental consequences. In particular, now it is more evident than ever that as a result of binding, (a) the amount of contaminants available to interact with the biota is reduced; (b) the complexed products are less toxic than their parent compounds; and (c) groundwater pollution is reduced because of restricted contaminant mobility.

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A Study on Institutional Reliability of Open Record Information in the Information Disclosure System (정보공개제도에서 공개 기록정보의 제도적 신뢰성에 관한 연구)

  • Lee, Bo-ram;Lee, Young-hak
    • The Korean Journal of Archival Studies
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    • no.35
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    • pp.41-91
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    • 2013
  • There have been numerous steps of growth in policy system since the legal systemization through the enactment of Information Disclosure of public institution Act in 1996 and Records Management of public institution Act in 1999 as well as infrastructure advancement led by government bodies, but it still shows insufficiency in some aspects of information disclosure system and records management. In particular, the issue of reliability on record information disclosed through information disclosure system is raised, and institutional base through the legal and technical devices to ensure the reliability are not well prepared. Government has attempted to enact laws and regulations to guarantee the public right to know through information disclosure and records management at government level, and establish the national system in a way that advances the infrastructure for encouraging the participation in state affairs and utilization of national record information resources. There are limitations that it lacks internal stability and overlooks the impact and significance of record information itself by focusing upon system expansion and disclosing information quantatively. Numerous record information disclosed tends to be falsified, forged, extracted or manufactured by information disclosure staffs, or provided in a form other than official document or draft. In addition, the disclosure or non-disclosure decisions without consistency and criteria due to lack of information disclosure staff or titular supervising authority, which is likely to lead to societal confusion. There are also frequent cases where the reliability is damaged due to voluntary decision, false response or non response depending upon request agents for information disclosure. In other cases, vague request by information disclosure applicant or civil complaint form request are likely to hinder the reliability of record information. Thus it is essential to ensure the reliability of record information by establishing and amending relevant laws and regulations, systemic improvement through organizational and staff expertise advancement, supplementing the information disclosure system and process, and changing the social perception on information disclosure. That is, reliable record information is expected to contribute to genuine governance form administration as well as accountability of government bodies and public organizations. In conclusion, there are needed numerous attempts to ensure the reliability of record information to be disclosure in the future beyond previous trials of perceiving record information as records systematically and focusing upon disclosing more information and external development of system.