• Journal of Fisheries and Marine Sciences Education
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• v.20 no.3
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• pp.416-428
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• 2008

In the end of 2007, Korea Government promulgated the Rule of 'Basic Act of Logistics Policy' for improving international logistics forwarding business. The goals of these rules are to achieve the development of our nation's economics for providing the security and efficiency of logistics system and enforced competition of logistics enterprises. This is established the basic principles of the legal basis for expanding into the Logistics Hub Center of North-east Asia. However In May 1999 new licensing requirements for ocean freight forwarders and NVOCCs operating in the USA were established by the US Federal Maritime Commission(FMC). Due to these regulations, each ocean transportation service provider in the USA acting as ocean freight forwarder, NVOCCs, or NVOCC agent must obtain a license to operate as Ocean Transportation Intermediary(OTI) before it begins operations. Only licensed OTIs may act as US transportation agents or receiving agents of other NVOCCs, on both US exports and imports. In this context, I think this study will be contributes for the development of korean freight forwarding system by analysis and comparing with between the Rule of the Basic Act of Logistics Policy of Korea and OTI freight forwarder & NVOCCs of USA.

• Journal of Korean Academic Society of Home Health Care Nursing
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• v.26 no.3
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• pp.253-264
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• 2019

The aim of this review is to present a German system of an outpatient care center under the German Health Insurance Act and home care (integration of medical care, basic care, bathing) under the Long-Term Care Insurance Act. This idea of a German integrated home care system should contribute to the development of a Korean home care model. Prior the introduction of long-term care insurance (1995), and with the of the health insurance law (1989), German outpatient care centers already provided medical and basic care services for patients with acute and chronic symptoms. Since 1995, patients with acute symptoms and rehabilitation periods under the Health Insurance Act have been eligible for home care. The Long-Term Care Insurance Act is intended for all citizens who are unable to carry out their daily activities for more than six months. In 2017, 13,657 (97%) of 14,050 outpatient care centers provided home care services after long-term care and health insurance. In other words, patients in Germany can use home care in both the acute and chronic phase at the same home care center, or 'integrated home-care center'.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2011.10a
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• pp.550-555
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• 2011

The road traffic noise has emerged major noise as the overcrowding of the urban population and the explosion of car storage capacity. There are limits for establishing the measures to meet noise standard because of the increase of high-rise building and insufficient distance between residential areas and road in urban center areas. Therefore, this study analyze the problem of the application of national road noise standard, and present the alternatives to achieve environmental standards in conjunction with the soundproofing measures. To reduce the population ratio exposed to road noise on seoul motorway, we suggest some action plane are as follows: i) Roadside noise standard of nighttime beside daytime is the first noise reduction goals ii) Noise standard of Noise and vibration control act is priority in case of existing area iii) Noise standard of basic environmental policy act is priority in case of new area.

• Journal of the Korea Furniture Society
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• v.28 no.4
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• pp.362-370
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• 2017

To improve usability and recognition of product, the term, Affordance, started to be known in the design world by US recognitive psychologist, Donald A. Norman, has the meaning of providing, Act inducement, Act motivation, Expectancy or what environment provides, etc., thus as one of Mental Model, providing ever more importance not only to the everyday life goods but to the time like these days when products for information overflow. Particularly, this study is oriented toward providing basic study framework on Affordance-like approach in pursuing psychological approach in design for changing the limitless phenomena involved in environment and human body and further for inquiring into source of idea from abstract form hint latent in act and further from the act conducted everyday while peoples are unconscious.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.183-232
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• 1999

The legislative body of The People's Republic of China, the National People's Congress, enacted the first arbitration act in China's history on August 31st, 1994, which took effect on September 1, 1995. The problems revealed through a comparison of China's Arbitration Act with the UNCITRAL model arbitration law were studied as well as the enacting process, background, status and system, important contents, problems of Chaina's Arbitration Act, and the differences between the old arbitration regulations and the new arbitration act. These are all discussed in this paper. The Arbitration Act is the basic act ruling over china's arbitration system: it unified the previously confusing laws and regulations relevant to the arbitration system, and the act brings out fundamental changes in China's domestic arbitration to the level of international arbitration standards. It is possible to view this act as a cornerstone in China's arbitration system. But, as discussed in this paper, there are still a lot of problems with the new act and only a few of the merits which the UNCITRAL model arbitration law has. First, under China's Arbitration Act, parties enjoy autonomy to some degree, but the range of party autonomy, compared to that of the UNCITRAL model arbitration law, is too narrow. Second, because China's Arbitration Act didn't explicitly provide issues which can give rise to debate, a degree of confusion in its interpretation still remains. Third, China's Arbitration Act's treatment of some important principles was careless. Fourth, in some sections, China's Arbitration Act is less reasonable than the UNCITRAL model arbitration law. These problems must be resolved in order to develop China's arbitration system. The best way of resolving these problems for China is to adopt the UNCITRAL model arbitration law. But it is difficult to expect that China will accept this approach, because of the present arbitration circumstances in China. Although it is difficult to accept all the contents of the UNCITRAL model arbitration law, China's legislators and practitioners must consider the problems mentioned in this paper.

• Journal of the Korean Institute of Landscape Architecture
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• v.29 no.5
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• pp.115-124
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• 2001

The purpose of this study is to examine the rightness of establishing the Essential Act of Landscape Architecture in Korea and to present the legal phase, the legislative system and the construction of a contents at the expected enactment of it. It is necessary to point out the problems of the various fields of landscape architecture and to propose the solutions of them. The contents of the study are as follows, 1 . The number of the regulations related to landscape architecture is a good reason for which the field of landscape architecture is worth being included to the positive law. 2. The problems by items(ordinance, engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, material, aesthetics and sight, environmental conservation and ecology, right and penal regulations) to the domestic related regulations being at issue and the remedies for it shall be considered at the enactment of the Essential Act of Landscape Architecture. 3. The number of the domestic regulations being related to landscape architecture which have a term of\` the Essential Act∼\`is 5. 4. The Essential Act of Landscape Architecture is the separate Essential Act welch defines the scope of landscape architecture as construction works and controls the business essentially. 5. The meaning and character of the Essential Act of Landscape Architecture was examined and the reasons for that essential act were recognized in point of the legal, landscape architectural and educational systems. 6. The creation of new official landscape architectural organization is a reason to justify the enactment of the Essential Act of Landscape Architecture. 7. The legal phase, the legislative system and the construction of a contents of the Essential Act of Landscape Architecture ware presented and this act shall conform to such as the legal system of the Architectural Act, the Essential Act of the Construction Industry and so on. The result of this study will be the basic materials for the creation of the Essential Act of Landscape Architecture.

• Korean Security Journal
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• no.29
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• pp.87-113
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• 2011

Korean security industry has history of more than half a century, and it is growing fast. Private security industry contributes not only to livelihood safety, but also to national security. The area of the industry is being expanded. Security Act is closely related to the security industry, and has contributed to the growth of private security industry sector. Security Act of Korea, which was established in 1976, was originally made after Japanese Security Act. But nowadays, Korean Security Act is as systematic as the Japanese act. However, for 10 years, Security Act of Korea has been stagnant, not able to reflect security industries' demand. The writer has contributed to the development of Security Act. In 1995, the writer wrote the basic framework of Security Instructor Qualifications System and drafted Security Act in 2002. There are currently many problems in existing Security Act, but there are four representative problems. (1) No more establishment of new security sector, (2) excessively slack qualification criteria, (3) the education system for guards, (4) the security Instructor examination system. This paper derives problems of current Security Act, and suggests solutions for them. Not only the academic world, but all of us should pay attention to the revision of Security Act.

• Journal of Digital Convergence
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• v.5 no.2
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• pp.99-108
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• 2007

As the transaction using mail order sales mediating sites such as Auction rapidly increase, consumer damages are also increasing. Therefore, in this study, the methods to remedy consumer damages occurring from transactions through mail order sales mediating sites such as the Payment Deposit System, the systems to resolve disputes without any litigation and the systems in relation to the Consumer Basic Act have been examined and measures to improve the systems have been groped. For the transactions using mail order sales intermediating sites, it is necessary to impose more responsibility on mail order sales mediators although the responsibility may not be required to be at the level of mail order sellers such as internet shopping malls. Therefore, institutional supports are necessary to effectively protect consumers in the transactions using mail order sales mediating sites and to induce damaged consumers to actively file claims for compensations. In relation to this, the Collective Dispute Mediation System and the Consumer Group Litigation System under the Consumer Basic Act may become good examples. The consumers who have been subject to the same or similar damages in the transactions using mail order sales mediating sites should also be allowed to participate in the Collective Dispute Mediation under the Consumer Basic Act or actively utilize the Consumer Group Litigation System. Also, it is desirable to reflect these systems on 'the Act on Consumer Protection in E-Commerce etc' so that these systems can also be directly applied to the transactions using mail order sales mediating sites.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.4
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• pp.925-935
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• 2016

It is provided that seafarers qualified in accordance with STCW(International Convention on Standards of Training Certification and Watch-keeping for Seafarers) convention and code in safety training shall be required, every five years, to provide evidence of having maintained the required standard of competence, to undertake the tasks, duties and responsibilities listed in Chapter VI, section A-VI/1 of the STCW Code A. Every party to the STCW Convention has amended the relevant national regulations according to the above international convention and code. These amended Seaman's Act require the updating safety training which is only five years valid for existing seafarers serving onboard ship on international voyage. And above specified existing seafarers must, as of the 1st January 2017, have documentary evidence of either having completed the training course or updated their training within the last 5 years. In relation to the above international trend, the Korean Ministry of Oceans and Fisheries also has completed an amendment to its Seaman's Act. But, the Korean Seaman's Act has a supplementary provision to exempt the seafarers who have completed STCW advanced safety training from basic safety training. The purpose of this study is to define the problems of above mentioned exemption provisions and to make better policies for improvement. In order to complete the purpose, the research team has conducted an in-depth survey of various foreign cases on STCW safety training. Moreover, the team has suggested an improvement scheme in consonance with Korean shipping industry and society through out this report.

• 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.