• Journal of the Society of Disaster Information
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• v.13 no.4
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• pp.465-475
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• 2017

As a result of a survey on households using gas, gas safety accidents have been declining linearly in 2006. However, when analyzing the causes of gas accidents, accidents detail caused by carelessness have increased to 62%It is analyzed that urgent measures are needed. In addition, 7 households per 10 households perceive city gas as safe, but 30% of them recognize that gas safety accidents are likely to occur in their homes in the future. Even though city gas use is relatively safe,It is recognized that there is a risk. Although the perception of the gas safety of the city gas consumers is not related to the age and gender income level, it is analyzed that it is highly educated and experienced direct or indirect gas safety accident, the perception of safety was relatively low. In order to reduce gas safety accidents, the installation of gas safety equipment for elderly households should be continuously supplied. As a result of investigating the disposal costs in case of various disasters, 66% of the insurance costs were found to be highly dependent on insurance. In addition, to reduce gas safety accidents, the installation of gas safety devices for elderly households should be continuously implemented.

• Korean Journal of Construction Engineering and Management
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• v.20 no.6
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• pp.3-10
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• 2019

The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.3-23
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• 2021

Telemedicine is a field of medicine in which medicine doctors who are in remote distance can treat the patients using audio, video devices which can help the diagnosis. In medicine, even the face-to-face diagnosis and treatment is the traditional way, the telemedicine could provide the convenient way for the patients in long distance, disabled or anyone who want to be stay ones' home. But telemedicine has the task to maintain the quality of medical cares compare with the traditional medicine. Among the several types of telemedicine, the specific type telemedicine in which the medicine doctors examine, diagnosis and do the prescription to the remotely distanced patients could be defined tele-prescription. Under The Medical Service act, it is unclear that teleprescription could be allowed. The Medical Service Act has introduced the specific clause for the prescription. That clause includes the duty of patients who have to receive the prescriptions directly from medical doctors. Under this clause, the constitutional court had decided the tele-prescription was illegal, but the supreme court has been decided tele-prescription could be legalized under the certain circumstances. But the other supreme court decided the tele-prescription was illegal under the article 34 of presenting Medical Service Act. So to understand the interpretations of Supreme court and Constitutional court decisions for the cases of prescription via telephone, we need to understand the history and presented reasons for the revision of prescription clause and also need to understand the other related clauses in the same act. In conclusion, To consider the values of telemedicine should be the level with the ordinary treatments, It is reasonable to interpret that the presenting Medical Service Act only legalize the telemedicine between doctor to doctor and which is regulated by the telemedicine clause.

• Safety and Health at Work
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• v.12 no.4
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• pp.530-535
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• 2021

Background: Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the center of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. Methods: We collected information on legal measures and governance from both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. Results: A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed.

• Korean Journal of Labor Studies
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• v.24 no.2
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• pp.29-59
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• 2018

This paper examines the achievements and limitations of the Moon Jae-In administration's first-year policies on non-standard employment in the public sector of Korea. The most remarkable achievement was that the transition rate of non-standard to standard positions reached the highest historical level of 42.1 percent, mainly by including for the first time temporary agency workers as a target of those policies. There also have been many steps taken to relax the qualification for transition, reduce the number of exception clauses, and expand union participation. In contrast, policy measures to address problems of low wages and inequality were very limited and not significantly different from those of previous administrations. As a result, the success of the policy paradigm shift pursued by Moon's administration will be determined by how aggressive measures are being taken in the next policy steps to improve such problems of low wages and inequality.

• Journal of Korea Trade
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• v.24 no.2
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• pp.31-52
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• 2020

Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.3-28
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• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• Journal of Korea Entertainment Industry Association
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• v.13 no.1
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• pp.11-24
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• 2019

In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.6
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• pp.1-12
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• 2022

This paper put the goal on boosting up early startup investment by delivering and positioning SAFE as the main early startup investment type in Korea. In particular, this paper proves the better fitting of SAFE as to the early stage of venture investment than these of Convertible Note. This paper as referring the previous studies of SAFE as the major keystone issues determining active SAFE applying (legal positioning issue, tax treatment issue, failure of inducing the following investment with uncertainty over maturity) proposes boosting up policy of Korean SAFE. First, as to accounting treatment of SAFE, it suggests SAFE to recognize legally as "the capital" on the Korean Venture Investment Act of introducing SAFE actively as venture investment type. Second, as to tax treatment issue, it proposes on amending venture indication rule as the best alternative of resolving tax issue by accepting SAFE as the investment meeting to venture investment requirement. Third, as benchmarking foreign cases, it delivers the method of modifying foreign SAFE Contract Format by adding up more clauses about safety vehicles against the failure of the following investment and fixing maturity date and event. Ultimately, all resolutions of this paper fall on highlighting the role of Korean Venture Investment Act and Ministry of SMEs and Startups.

• Journal of Korean Society of Archives and Records Management
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• v.24 no.2
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• pp.139-163
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• 2024

This study aims to analyze classification systems used in the public sector, collected based on legislation, and to improve the classification system for public records. From the Korean Law Information Center, 375 legislative clauses were searched, revealing about 80 classification systems. These systems were initially divided into lists, tables, and hierarchical classifications. Six types of classification system uses were proposed after combining three management types and two system functions. Among these models, classification systems used for core operations in public agencies often had the same entity as both developer and user. While systems adopted from other institutions were often modified as needed, they were predominantly used for reference tasks rather than core operations. However, in records management, crucial tasks such as record classification and disposal commonly use unmodified classification system items developed and managed by other agencies. Consequently, this study proposes that structural improvements are necessary for the record classification system. It suggests developing dedicated classification systems to support core functions or modifying existing systems and also applying records management disposal standards and guidelines to other relevant legislative provisions.