• Journal of Arbitration Studies
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• v.23 no.1
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• pp.107-131
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• 2013

Online-ADR (Alternative Dispute Resolution) has been receiving attention from the international community as a means of alternative dispute resolution for consumer disputes in both small and mass international e-commerce. The EU Parliament and the Council proposed the Online Dispute Resolution Regulation for Consumer Disputes (hereafter, "EU Consumer ODR Regulation") and the Directive on Alternative Dispute Resolution of Consumer Disputes (hereafter, "EU Consumer ADR Directive") as a legislative package, now scheduled to be adopted. Those efforts strengthen consumer protection by enhancing ODR in international e-commerce and improving of the functions of the e-commerce market. The EU Consumer ADR and ODR regulation package will operate in conjunction with the ODR platform as a single point across Europe, abandoning the ADR system of each member. Consumers and traders who need dispute resolution apply on the EU ODR platform linked website, and the applications are distributed to individual ADR institutions in accordance with the Rules and Procedure of ADR institutions in the respective country. Although there has been partial progress in Korea for ODR programs such as the establishment of the Online Administrative Trial and the procedures of individual ADR agencies operating through the website, existing norms do not fully support the system. At this point, we see many implications of the EU Consumer ADR and ODR regulation package on the direction chosen for domestic ADR and ODR policy and legislation. This study introduces the main features and content of the EU Consumer ADR Directive (draft) and ODR Regulation provisions, and describes the direction of domestic policy and legislation regarding Online-ADR.

• Korean Journal of Organic Agriculture
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• v.16 no.1
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• pp.59-89
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• 2008

The Council Regulation (EEC) No 2092/91 of 24 Juni 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs. This Regulation describes the legal framework for agricultural products and foodstuffs obtained organically. The Regulation establishes a harmonized framework for the production, labelling and inspection of agricultural products and foodstuffs in order to increase consumer confidence in such products and ensure fair competition between producers. This article presents a study about inspection and certification system of organic production of agricultural products and foodstuffs in Germany. In order to guarantee respect for the rules of production, the Regulation provides for an inspection system to ensure that operators who produce, prepare or store organic products or import them from third countries notify the competent private and public authorities in the Member States of their activities. These inspection authorities must, at the very least, ensure application of the minimum inspection and precautionary measures laid down in Annex III to the Regulation. For the production of meat, the Regulation states that the Member States must guarantee the traceability of products throughout the production, processing and preparation chain.

• Korean Journal of Organic Agriculture
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• v.9 no.4
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• pp.71-93
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• 2001

Within the paper, an overview of organic farming in Europe countries is given and the Principle and skills of organic agriculture is shortly reported with special regard to Germany. The overview information on European organic forming is covered such as \circled1 development of organic farming, \circled2organic farming organizations, \circled3standards and certification, \circled4implementation of EU council regulation, \circled5state support, \circled6implementation of Agenda 2000, \circled7training and education, \circled8advisory service and research situation. In the paper the principle and skills for organic farming which are practiced actually in the German organic farms is also reported. How to maintain and increase the fertility and microbiological activity of the soil by \circled1cultivation of legumes, green manures or deep-rooting crops in multi-annual rotation system, \circled2incorporation in the soil organic material, by-products from livestock farming is one of the major principle to organic crop production. Pest and diseases and weeds are controlled by any one, or a combination of the following measure ; \circled1choice of appropriate species and varieties, \circled2appropriate rotation programs, \circled3mechanical cultivation, \circled4protection of natural enemies of pests through provision of favourable habitat and ecological buffer zone, \circled5diversified ecosystems, \circled6flame weeding, \circled7natural enemies, \circled8bio-dynamic preparations, \circled9mulching and mowing, \circled10grazing of animals, ⑪mechanical controls, ⑫steam sterilization.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.103-125
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• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.349-370
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• 2000

The environmental problems such as global climate change, global waming, ozone depletion, environmental pollution have been caused by the rapid economic growth, increasing in use of fossil fuels for industrialization and scientific technology development. Especially human activities are significantly altering the atomosphere's composition and its radiative properties. To Stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the international community adopted the UN Framework Convention on Climate Change in 1992 and Kyoto protocol in 1997. Also to protect ozone layer the international community adopted the Vienna Convention for the Protection of the Ozone Layer in 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. To achieve global environmental objectives, some multilateral environmental agreements includes trade regulation. For example, Montreal Protocol includes the provisions to regulate the world trade of the sudstances which might destroy ozone layer. However Kyoto Protocol has no provisions to regulate trade and is not in force yet. Although there is no trade regulation article in Kyoto Protocol, the international world trade will be influenced by limitation and reduction of CO2 and strengthening the CO2 emission standard for import good. For example Korean car industy agreed with EU to reduce CO2 emission from new passenger car and Korean Semiconductor industry agreed with WSC(World Semiconductor Council) to reduce PFCs in 1999.

• International Area Studies Review
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• v.18 no.3
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• pp.249-265
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• 2014

The international mobile roaming service has been provided for more than one decade, but high price of international mobile roaming service, which is represented as 'bill shock' is still of major concern in lots of countries including Korea. With understanding of the given price issues, the international organizations, such as OECD, EU, WTO, ITU have been conducting extensive analyses and studies to find suitable solutions and appropriate measures. In the case of EU regulate the international roaming charges and implement the regulation policy. OECD do not have a compelling regulation on roaming charges, but OECD request to member state to find the reasons of high roaming charges and its solution. WTO Council for Trade in Services is reviewing the international mobile roaming in terms of whether impede international trade in services. The purpose of this study is to review many different approaches in international organizations related to reducing international roaming service charges, to drive some regulatory policy directions for reducing roaming charges.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.109-134
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• 2014

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

• KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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• v.12 no.1
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• pp.7-12
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• 2006

The EU regulation of overall migration which is the cornerstone of the limitation to ensure that plastic materials and articles intended to contact with foodstuffs are fit for the intended application, was reviewed. In Council Directives, it was established in detail what simulants, contact times and temperatures are to be used in migration tests performed under standardized conditions. In some cases, conventional conditions for substitution test was provided, because of technical reasons. Moreover, a reduction factor ranging from 2$\sim$5 may be applied depending on the foods, because olive oil which is simulant for fatty foods, is severe solvent compared with most fatty food.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• Environmental Engineering Research
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• v.15 no.2
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• pp.105-109
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• 2010

The European Union (EU) Water Framework Directive (WFD) (2000/60/EC) was transposed into Irish law by Statutory Instrument Nos. 722 of 2003, 413 of 2005 and 218 of 2009, which set out a new strategy and process to protect and enhance Ireland's water resources and water-dependent ecosystems. The Directive requires a novel, holistic, integrated, and iterative process to address Ireland's natural waters based on a series of six-year planning cycles. Key success factors in implementing the Directive include an in-depth and balanced treatment of the ecological, economic, institutional and cultural aspects of river basin management planning. Introducing this visionary discipline for the management of sustainable water resources requires a solemn commitment to a new mindset and an overarching monitoring and management regime which hitherto has never been attempted in Ireland. The WFD must be implemented in conjunction with a myriad of complimentary directives and associated legislation, addressing such key related topics as flood/drought management, biodiversity protection, land use planning, and water/wastewater and diffuse pollution engineering and regulation. The critical steps identified for river basin management planning under the WFD include: 1) characterization and classification of water bodies (i.e., how healthy are Irish waters?), 2) definition of significant water pressures (e.g., agriculture, forestry, septic tanks), 3) enhancement of measures for designated protected areas, 4) establishment of objectives for all surface and ground waters, and 5) integrating these critical steps into a comprehensive and coherent river basin management plan and associated programme of measures. A parallel WFD implementation programme critically depends on an effective environmental management system (EMS) approach with a plan-do-check-act cycle applied to each of the evolving six-year plans. The proactive involvement of stakeholders and the general public is a key element of this EMS approach.