• Journal of Auto-vehicle Safety Association
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• v.12 no.1
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• pp.46-51
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• 2020

Korea is the only country in the world where the regulation of vehicle homologation has been changed from "Type Approval" to "Self-Certification". But there are some regulations that have not been fully changed, so they became double-regulations. In this research, we find out double-regulations in Self-Certification systems focused on "Specification Notice Procedure", and suggest a proposal of amendment to avoid duplication. Through the research, we can reduce unnecessary requirements about homologation, management of vehicle and administrative procedure significantly.

• International Commerce and Information Review
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• v.7 no.4
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• pp.271-285
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• 2005

Korean Government has been actively and aggressively promoted the global e-commerce (or e-trade). However, the global researches regard the Korea as the passive or retrogressive country in e-trade. The purpose of this study is to clarify the change of the policy paradigm on the e-trade of Korea and to search for new paradigm based on the total amendment (or inauguration) of the e-trade promotion law. The research concludes the current political paradigm on "the Designated total solution provider" should be separated from the e-trade infra or platform. More competitive and market-oriented paradigm of the promotion support on e-trade metamediary should be evaluated in terms of facilitator, service provider and collaborator.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.23 no.4
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• pp.367-373
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• 2013

Objectives: Employee exposure record refers to a record containing information about environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent. The aims of this study were to examine problems related to exposure records and provide some amendments to the Korean Industrial Safety & Health Act for the effective management of chemical substances under the law. Methods: This study performed a literature search and review on legal provisions related to exposure records of a number of different countries, including Korea, the USA, Japan, EU, Germany, and the UK. They were compared and investigated and the amendment of articles was suggested. Results: The results of this study were provided as suggested amendments to the related act. There were a variety of ways of improvement, including a 30-year retention period and the introduction of new access methods, contents, transfer, and maintenance methods. All exposure data elements have to be standardized, including reference to a similar exposure group (SEG), sampling strategy, and circumstances of exposure (e.g., date, shift length, use of personal protective equipment, etc.). The SEGs are described by process, job, task, and environmental agent. Conclusions: This study is expected to provide for the amendment of the related act in order to ensure effective management of exposure records and is helpful for solving the cause and result of occupational disease by keeping exposure records according to the Industrial Safety & Health Act.

• 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 Fisheries and Marine Sciences Education
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• v.27 no.5
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• pp.1265-1272
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• 2015

This study aims at comparison and analyzing of marine officer license system for fishing vessels between South Korea and New Zealand. It is urgently required to establish Republic of Korea-New Zealand mutual certification system for marine officers who are on board ships within applicable area given that New Zealand will force foreign fishing vessels within New Zealand area to reflag from 2016 in accordance with the amendment of Fisheries Act. Secondly, to compare and analyze systems between two countries will contribute to the preparatory work related to ratification STCW-F convention as New Zealand already have completed law amendment to adapt the convention. Maritime law of New Zealand, Seafarers Act and Ship Personnel Act of Republic of Korea were compared and analyzed as references. The result showed that an improvement to corresponding level to the international convention and development of safety training by vessel type, and job descriptions according to the license class are needed to Republic of Korea system. Furthermore, it is suggested to prepare specialized training for deckhands as required in STCW-F convention and standard fishing vessel officer training record for designated institute of education. Therefore institutional complementarity and framework is required as it is expected that the nations of fishing in piscary demand to reflag Korean deep-sea fishing vessels or to ratify the STCW-F convention.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.4
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• pp.428-436
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• 2015

This paper considered the concept and characteristic OSV operation business for support the offshore plant and suggested amendment Maritime Transportation Laws, legislative proposals to solve the legal absence and to develop offshore service industry. Because Maritime Transportation Laws specialized for the carriage of passenger and goods by sea is not perfectly covered with Offshore support business in Korea. So it is necessary to make an explicit amendments for the article of Maritime Transportation Laws that founds absence of the law with the definition of terms to correspond related existed regulation reflected on the characteristic offshore support business by using OSV to develop offshore plant industry including support, service, supply, transportation etc. I expect that this paper will be a basic study to make a government policy, law, regulation to activate Offshore Service Industry in the future.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.5
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• pp.219-226
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• 2016

There has been some controversy about imposing income tax on the compensation for university employees' inventions. In this research, various issues of taxation related to such compensation are examined, with Supreme Court Judgement 2014Du15559 as a means of understanding the confusion associated with this taxation. An amendment of the Income Tax Law is proposed based on the examination results, in order to promote research in the university field, which is able to make various types of compensation for employee inventions fall into the category of tax exemptions. It is concluded that if the Income Tax Law is amended to refer to the definition of technology in the Technology Transfer and Commercialization Promotion Act, instead of that of the Invention Promotion Act, the compensation resulting from newly emerging IPRs and technical know-how, which are currently taxed, can become tax exempt.

• Journal of the Korean Institute of Navigation
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• v.19 no.4
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• pp.9-40
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• 1995

Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

• Journal of the Korean Institute of Navigation
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• v.17 no.2
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• pp.29-56
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• 1993

The International Convention for the Prevention of Pollution from Ship, 1973, as modified by the Proto-col of 1978 relating thereto, well known as MARPOL 73/78, is probably the most important international agreement on the subject of marine pollution. The main purpose of the Convention is to reduce the total oil remaining on board vessel to minimum. MARPOL is a combination of different sets of rules on oil, chemicals, noxious substances in package forms, sewage and garbage as shown on each Annex. Since the Convention has globally set forth in 1973, it has amended so often whenever reasonable articles are requi-red by contracting states under guidelines of IMO. The amendments, for instance, have continuously perfo-rmed more than 8 times regarding articles, protocols, and five annexes because the original text was badly drafted as the control measures were expressed in general way. This paper, therefore, is intend to summa-rize a main point relating to each amendment, so that persons who have an interest in the Convention would be completely understand for practical implementation. Especially, for legislative purpose or annen-dement of domestic law, it could timely be contributable if specific consolidation and unified interpretations are followed with this paper. Consequently it is much more worth to study for preventing marine pollution from ship with tracing every moment whenever the Convention formally adopted through amending up-to-data.

• Journal of Information Technology Services
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• v.12 no.1
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• pp.131-141
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• 2013

Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.