• 한국중재학회지:중재연구
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• 제21권1호
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• pp.215-237
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• 2011

There are more than two hundred arbitral institutions in China. Some of them are active in the development of online arbitration system, such as CIETAC and Guangzhou Arbitration Commission(GAC). GAC, founded in 1995, is the second largest arbitral institution in China which accepts more than 4,000 cases a year. With extensive experiences in arbitration, GAC has conducted online arbitration procedures since 2007. Moreover it opened the whole process of online hearing to the public through the Internet. With this background, this article aims to support the development of online arbitration through the analysis of GAC practices. To meet the purpose, status quo, rules and procedure of online arbitration of GAC are outlined, followed by introducing nine cases conducted by GAC. The scope of GAC online arbitration is comparatively narrow and the institution is still under the government supervision. But the practices of GAC proved that online arbitration is fully admissible and effective under the current legal framework.

• 한국IT서비스학회지
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• 제22권5호
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• pp.109-124
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• 2023

This study aims to apply the concept of regulatory stringency to the regulatory sandbox with a fresh perspective. The regulatory sandbox is a system that gives opportunities under certain conditions to new technologies or businesses that have not been launched due to inadequacy or insufficiency in legal systems. Previous research on regulatory sandboxes has mainly focused on discussions about their impact on specific technologies or business domains. This study attention to the results according to the evaluations. Among them, whether special cases for demonstration can evolve into official permission has garnered significant attention. For this study, among the cases that passed the regulatory sandbox evaluation from February, 2019, to December, 2022, 162 cases in the field of ICT convergence were selected. The evaluation results were classified into three groups 'positive interpretation (Fast Track)', 'temporary permission', and 'special case for demonstration.' Each case was assigned to one of the three groups. Through the comparative analysis, the common characteristics and differences were summarized. Then, this study explored improvement measures to pass a less restrictive regulatory sandbox. The analysis of the cases revealed that the differences in each evaluation result were attributed to variations in the technological characteristics and user protection features. Considering these differences, as well as the higher weight and importance of the preparation stage for sandbox application, this study suggested a three-step approach to prepare for temporary permission and positive interpretation rather than special case for demonstration. In addition, this thesis discussed the policy limitations of the regulatory sandbox mechanism in South Korea and the limitations of the current study. Hopefully, the results of this study would be beneficial to individuals and companies, particularly venture companies and startups seeking to develop new technologies or businesses and utilize regulatory sandboxes.

• 한국언론정보학보
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• 제55권
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• pp.5-32
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• 2011

한국의 헌법재판소와 미국의 연방대법원 모두 불명확한 법률로 인한 표현의 자유가 위축되는 것을 방지하기 위해 명확성 원칙을 위헌심사 기준으로 채택했다. 위헌심사 기준으로서 요구되는 명확성의 정도가 최고수준의 명확성이 아닌 "최소한의 명확성"이라는 점과 그러한 판단을 법관의 "제한적 해석"에 맡긴다는 점도 공통점이다. 헌법재판소는 법관의 보충적 해석을 통해 보다 명확하게 불법과 합법의 경계를 구분하게 했고, 미국 연방대법원도 법원이 한정해석(narrow construction)의 방법으로 법률적 의미와 범위를 명확하게 함으로써 위헌의 소지를 줄일 수 있다고 판결했다. 그런데 판례 비교 결과, 연방대법원은 표현의 자유를 침해하는 법적 규제에 대해서는 보다 높은 수준의 명확성을 요구한 반면, 헌법재판소는 오히려 명확성 판단기준을 완화하는 경우가 발견되었다. 연방대법원은 수정헌법1조를 침해할 여지가 있는 법조항은 "세밀하게 설정된, 합리적이고, 명확한 기준(narrowly drawn, reasonable and definite standards)"이 제시되어야 한다고 거듭 강조한 데 비해, 헌법재판소는 불명확한 법률조항으로 인해 표현의 자유 침해여지가 있다는 점을 인정하면서도, 그러한 규제를 통해 얻는 국가 사회적 이익이 더 크다는 이유로, 혹은 "부단히 변화하는 다양한 생활관계를 제대로 규율할" 필요가 있다는 이유로 명확성 원칙을 희석시키는 경향을 보이기도 했다.

• 문화기술의 융합
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• 제8권3호
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• pp.191-201
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• 2022

본 연구에서는 다중이용업소의 안전관리에 대한 법적 운영실태 분석과 다중이용업소에서 발생한 대형화재 사례분석 등을 통하여 다중이용업소 화재 및 안전관리에 대한 문제점을 도출하고 재발 방지를 위한 개선책을 제시하고자 한다. 연구를 위하여 먼저 다중이용업의 이론적 고찰을 통하여 업종의 현황과 화재 발생 현황 등을 조사한 후 다중이용업에 대한 선행연구 분석을 하였다. 그리고 법적·제도적 현황을 분석하여 충청북도 제천 화재, 인천 인현동 화재, 서울 송파구 화재 등의 사례를 통하여 문제점을 도출하였다. 그 결과, 첫째, 화재 초기대응 능력 강화의 필요성. 둘째, 비상구 유지·관리의 철저. 셋째, 실내 장식물의 합리적인 규제의 필요성. 넷째, 소방안전 교육·훈련의 강화. 다섯째, 소방 및 안전시설 등의 설치 기준 강화. 여섯째, 안전관리에 대한 경각심의 고취가 필요하다는 결과를 도출하고 법·제도적 내용과 비교·분석하여 이에 따른 해결방안을 제시한다. 다중이용업소 화재의 원인을 보면 건물주, 영업주, 종사자들이 자기 영업장에서 화재가 발생할 리가 없다는 생각을 가져 경각심이 부족하다. 소방관서와 관련 행정기관의 교육과 홍보를 통하여 경각심을 고취시켜야 할 것이다.

• The Korean Journal of Pain
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• 제23권1호
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• pp.28-34
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• 2010

Background: An independent medical examination (IME) is a critical process for awarding reparation for injury. However, conducting an IME in pain medicine is very difficult, not only because pain is a subjective symptom, but also because there are no proper objective methods to demonstrate it. This study was conducted to compare IME reports and the court decisions on the disability status of the patients. Methods: We analyzed 79 IME reports and 25 corresponding court decisions on the disability status of patients. The diagnoses, causal relationships between the patients' status and the trauma, McBride's degree of disability, the American Medical Association's impairment ratings, the estimated annual cost for future treatment, and the necessity of care-giving were compared and analyzed. Results: The diagnoses in the 79 cases were complex regional pain syndrome (CRPS) type I (58 cases), CRPS type II (7 cases), peripheral neuropathy (5 cases), myofascial pain syndrome (4 cases), herniated intervertebral disc (2 cases), and fibromyalgia (1 case). The types of accidents were road traffic accidents (50 cases), military injuries (14 cases), industrial accidents (11 cases), and others (4 cases). The IME reports and the court decisions stated considerably different McBride's degrees of disability (P = 0.014). However, there was no significant difference in the estimated cost for future treatment between the IME reports and the court decisions (P = 0.912). Conclusions: IME reports should be accurate, fair, and based on objective findings. Feedback on IMEs from the court decisions is helpful for reference use.

• 한국산업보건학회지
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• 제23권4호
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• pp.384-392
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• 2013

Objective: This study inspected incident cases, legal control levels, and GHS(Globally Harmonized System of Classification and Labeling of Chemicals) classification results of strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid, which have been responsible for many recent chemical accidents. As a result, it is deemed necessary for legal control levels of these strong acids to be revised and GHS classification be managed nation-wide. Methods: This study inspected incident cases and legal control levels for strong acids such as hydrogen fluoride, hydrogen chloride, nitric acid, and sulfuric acid. The study analyzed and compared chemical information status and GHS classification results. Results: There were 76 domestic incidents involving strongly acidic hazardous materials over the five years between 2007 and 2011. They include 37 leakage incidents(46.7%) within a workplace, 30 leakage incidents(39.5%) during transportation, and nine leakage incidents(13.8%) following an explosion. The strongly acidic materials in question are defined and controlled as toxic chemicals according to the classes of Substances Requiring Preparation for Accidents, Managed Hazardous Substance, Hazardous Chemical(corrosive) as set forth under the Enforcement Decree of the Toxic Chemicals Control Act and Rules on Occupational Safety and Health Standards of Occupational Safety and Health Act. Among them, nitric acid is solely controlled as a class 6 hazardous material, oxidizing liquid, under the Hazardous Chemicals Control Act. The classification results of the EU ECHA(European Chemicals Agency) CLP(Commission Regulation(EC) No. 790/2009 of 10 August 2009, for the purposes of its adaptation to technical and scientific progress, Regulation(EC) No 1272/2008 of the European Parliament and of the Council on classification, labeling and packaging of substances and mixtures) and NIER (National Institute of Environmental Research) are almost identical for the three chemicals, with the exception of sulfuric acid. Much of the classification information of NITE (National Institute of Technology and Evaluation) and KOSHA(Korea Occupational Safety and Health Agency, KOSHA) is the same. NIER provides 12(41.4%) out of 29 classifications, as does KOSHA.

• 수산해양교육연구
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• 제15권1호
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• pp.81-100
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• 2003

It is undeniable that IUU Fishing are threatening so many legal fishermen' economic livelihood, negatively impact on conservation and protection of the fishery stock and ecosystem itself. Especially, negative impact of IUU Fishing resulted from the increasing fishery activities on the high seas. The Korea case of Coastal and Off-shore Fisheries, difficulties in conserving and controlling the fishery stock was brought about. Simultaneously, it is the fact that there are so many damage such as the reduction of fish Stock management program's effect, dissatisfaction of legal fishermen, over-exploiting of fish stock. Related with this kind of problem, FAO had adopted "International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing(2001)". From this reason, Korea also needs to make actual efforts to prevent IUU Fishing. i.e. each nation should develop Korea action plan by Feb. 2004 and impliment it, report on implementation toward FAO. This Paper will review the definition of the IUU stipulated by "International Plan of Action on Illegal, Unreported and Unregulated Fishing" and study Korea cases of the IUU fishing. Finally, the analysis of Korea's implementation will be done, centering around the contents stated on the International Action Plan. The significance of this paper is to grope the political countermeasures against international movement of the IUU fishing prevention.

• 한국중재학회지:중재연구
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• 제27권3호
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• pp.53-76
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• 2017

Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2017년도 추계 학술논문 발표대회
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• pp.67-68
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• 2017

In the case of korea, it was enforced the performance based design in 2011 for fire safety to the construction that is hard to safety secure by code based design. However as a result of domestic performance design case analysis, as it conducts that the standard is insufficient, most of cases show that they use the method of adding facilities by strengthening legal standards. Therefore on this study, it conducts the analysis of Performance based design seminar data that it was done by SFPE and each countries Performance based design guidelines. Also based on this, it will use the basic data for developing the domestic performance based design guideline.

• 융합경영연구
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• 제10권6호
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• pp.17-26
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• 2022

Purpose: This study analyzes advanced cases of overseas smart cities and examines policy implications related to the creation of smart cities in Korea. Research design, data, and methodology: Analysis standards were established through the analysis of best practices. Analysis criteria include Technology, Privacy, Security, and Governance. Results: In terms of technology, U-City construction experience and communication infrastructure are strengths. Korea's ICT technology is inferior to major countries. On the other hand, mobile communication, IoT, Internet, and public data are at the highest level. The privacy section created six principles: legality, purpose limitation, transparency, safety, control, and accountability. Security issues enable urban crime, disaster and catastrophe prediction and security through the establishment of an integrated platform. Governance issues are handled by the Smart Special Committee, which serves as policy advisory to the central government for legal system, standardization, and external cooperation in the district. Conclusions: Private technology improvement and participation are necessary for privacy and urban security. Citizens should participate in smart city governance.