• Journal of Soil and Groundwater Environment
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• v.22 no.6
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• pp.85-93
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• 2017

In this study, the concepts of soil degradation, soil pollution and soil damage are defined, and the domestic and foreign administrative systems related to soil pollution and soil damage management are analyzed. In case of foreign countries, laws and regulations on the soil conservation and soil damage management were analyzed. In case of Korea, the present state of the legal system governing soil pollution and damage management was analyzed in each aspect. Through this study, suggestions for amendments of relevant laws were proposed by establishing policy direction for integrated management of soil pollution and soil damage. The results of this study will provide a basis for integrated management of soil pollution and damage, and it can be utilized in establishing integrated management strategy of long term soil conservation and sustaninable soil development at national level.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.377-413
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• 2004

North Korea and South Korea agreed to refer their investment disputes to arbitration by adopting' Agreed Minutes on Procedures of Settlement of Commercial Disputes' on 16th December 2000. According to the Agreed Minutes, the two Koreas were to establish an arbitration commission within 6 months after the Agreed Minutes had been signed. In 2002, North Korea enacted laws to draw interest of foreign tourists to Mountain Kumgang and to boost investment into the region of Kaesung as it provided in those laws that commercial disputes should be settled by arbitration or judicial procedures. In October 2003, the two Koreas succeeded in adopting another Agreed Minutes as to the establishment and functioning of North-South Arbitration Commission. The fact that the two Koreas have agreed to establish an arbitration commission is meaningful since they are leading their lives quite differently in political, social, and economic sense for more than a half century. Although there still remain doubts as to the North Korean policy on nuclear matters, an arbitration commission could be a cornerstone for the set-up of the dispute settlement system between the two Koreas and a great help for investors from South Korea to pursue their possible legal claims as North Korea is eager to invite South Korean businessmen and other foreign investors to invest in its special economic areas. According to the Agreed Minutes of 2003, the two Koreas are going to adopt procedural rules for the arbitration commission. It will be a great challenge for them to agree on specific issues as to the operation of the arbitration commission. They have to set up a rester of arbitrators respectively and may have to enact or revise their own arbitration laws and rules reflecting the Agreed Minutes of 2000 and 2003. It is quite welcome that the two Koreas have agreed to set up an arbitration commission rather than resort to political or diplomatic means to settle their disputes. The success of the arbitration system between the two Koreas will make sure the safety of investment environment in the northen part of the Korean Peninsula and will bring the peace to the Korean peninsula earlier than expected.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.159-188
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• 2002

International joint ventures are usually formed and managed by domestic companies and foreign investors for the common objectives. They offer an opportunity for each partner to benefit significantly from the comparative advantages of the other. Local partners bring knowledge of the domestic market; familiarity with government bureaucracies and regulations; understanding of local labor markets; and existing manufacturing facilities. Foreign partners can offer advanced process and product technologies, management know-how, and access to export markets. In Korea, joint ventures have been encouraged to usher in foreign investors with foreign currency capital badly needed during the IMF financial crisis. In the meantime, Korean laws and regulations with respect to joint ventures have been largely overhauled to promote foreign direct investment (FDI) both inbound and outbound. They include four types of FDI, i.e., acquisition of foreign stocks, provision of long-term loans, participation in joint operations like resources development, and establishment of foreign offices. From the legal point of view, the formal joint venture agreement must be an offspring of a series of tough negotiations between domestic and foreign partners. They usually stress the long-term relationship with the good will and dedication to each other, and restrict the free transfer of stocks. Both partners are earnestly interested in the ownership and management of the joint venture. So they keep a close eye on the articles of incorporation, changes of business environment, conflict resolution methods, transparency of accounting and other financial matters. When a multinational corporation (MNC) is involved in the joint venture, conflicts over management strategies, marketing and other issues take place more often than not between the MNC and local partners. We have to pay attention to joint ventures, particularly, in China and North Korea. As witnessed in other transition economies, China is eagerly bringing in foreign direct investments for the development of nation's economy. China encourages foreign investors to establish ordinary joint ventures, contractual joint ventures, solely invested foreign capital companies and jointly operated development companies with local partners. In North Korea, however, joint ventures have a different meaning like contractual joint ventures in China, in which North Korean partners have an initiative in the management. Rather, jointly operated companies or simply processing-for-wage companies are recommended in view of the unpredictable legal infrastructure in North Korea.

• Journal of Korea Port Economic Association
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• v.21 no.3
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• pp.191-217
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• 2005

Ninety percent of an average Chinese manufacturer's time spent is on logistics. Therefore, logistics presents the greatest challenge for multinational companies conducting businesses in China. Although more than 18,000 registered logistics companies exist in China, 85 percent of their revenues are generated from basic trucking and storage services. These facts indicate that China will need increasing presence of high-quality foreign 3PL providers, who are able to provide sophisticated IT systems, industry/operational expertise, standardized operating processes, and international networks, compared to their Chinese counterparts. However, they are facing complicated array of laws and regulations as well as difficulty of finding qualified people to fulfill these needs. There are a number of foreign 3PL providers engaged in China's logistics sector to reap a huge opportunity. Nevertheless, many 3PL foreign providers are still cautious about making large investments. Thus they arelooking for alliances that can provide complementarities instead. Another salient feature of strategy is to take over the transportation assets and warehousing of major Chinese manufacturers and distributors.

• Journal of the Korean Society of Radiology
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• v.15 no.5
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• pp.761-770
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• 2021

In order to establish an independent relationship between occupations in accordance with the abuse of doctor's orders and employment, the position of each physician and medical technician group, and the education system and laws of Japan, the United States, and England To promote the improvement of public health. The main differences in positions among related interest groups were analyzed, and the proposals and precedents of the National Assembly laws that were initiated after 1963 were analyzed and compared with the laws of developed countries. Among the OECD member countries, 26 countries except Korea have enacted a single law for medical technicians, and the meaning of instructions and supervision differs from country to country. The Medical Technician Act, etc., is inappropriate to apply the current and situation of the times as the laws of the 20th century to represent all the laws of the eight medical technicians. It is thought that a change in the word of direction and supervision under the control of the company is inevitable from a future-oriented horizontal perspective.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.379-402
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• 2010

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

• Journal of the Korean Society of Safety
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• v.31 no.4
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• pp.150-155
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• 2016

This study is to suggest legislation and criteria for public service drones for disaster safety in order to enhance the research and development of the drones by helping setting right direction of the R&D. Many foreign governments are now conducting research and development on using drones as public service for disaster safety. Although there are also some efforts to using drones for public service in Korea, domestic laws and performance criteria for the drones for the purpose have not prepared yet. To set a right direction of the R&D, the laws and criteria shall be legislated and established immediately and then we can enhance the efforts to develop related technology for the drone. So this study proposed a performance criteria to fit various circumstances and situations by analyzing the aviation law in overseas. We hope this study can help R&D on the public service drones for disaster safety.

• Korean Journal of Clinical Pharmacy
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• v.22 no.3
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• pp.260-267
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• 2012

The objective of this study was to investigate drug classification system in Korea and other developed countries. Laws and regulations of Korea regarding the system were retrieved from sources posted in Ministry of Government Legislation. We also reviewed previous research reports performed as part of government's effort to reform the system The system in the foreign countries was retrieved from the official homepage operated by each country's government. There have been two research funded by Korean government, which strongly suggested that the system should be reformed. However, we found that the system was never reformed and still effective. Drug classification system in US and most western countries consists of two categories, i.e., prescription drugs and non-prescription drugs except UK, which classifies into three categories: Prescription Only Medicines, Pharmacy Medicines, and General Sales List Medicines. Interestingly, in Japan, non-prescription drugs are further classified into three groups: Group 1, 2, and 3. Recently, Ministry of Health and Welfare (MOHW) in Korea proposed a plan to reclassify all the approved drugs according to purportedly rational and scientific criteria. However, the plan does not include reform of the existing laws and regulations, which appears that it is just one-time action rather than a sustainable administration backed up by law. Therefore, it is recommended that Korean MOHW take appropriate action on laws and regulations with regard to the system to meet global harmonization standard.

• Journal of The Korea Institute of Healthcare Architecture
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• v.16 no.2
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• pp.29-36
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• 2010

Recently, the system that can eliminate discrimination and barrier to disabled, ensure the substantial independence of disabled and help participation in community of disabled is required. Therefore, the purpose of this study is 'construction of the Barrier-free environment' which members of societies included the disabled can live safely in the daily living environment. To achieve this result, this study is shown establishment and complementary direction of the policy related convenient facilities by comparing between domestic and international policy of the convenient facilities. The results of this study are as follows; Firstly, among the conflicting part between related laws and design standards shold be constantly supplemented. Secondly, policy to promote convenient in residential part is needed. Thirdly, composition of the organization that can support professional housing reconstruction is required. Fourthly, from early stage of policy making, not only opinion reflection of users but also maintenance of convenient facilities, continuous maintenance plan and making a policy for verification system is needed. Finally, when the revision of the existing policies or new policies undergo, 'Barrier-free perspective' should be considered.

• Asia-Pacific Journal of Business
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• v.12 no.1
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• pp.165-182
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• 2021

Purpose - The purpose of this study is to compare and analyze the ordinances of other local governments to propose implications and improvement plans for the ordinances of Chuncheon City. To this end, cases of overseas legislation related to youth labor rights, domestic laws and major policies of the central government were reviewed. Design/methodology/approach - This study mainly utilized literature research methods. In addition, it was based on foreign laws and case analysis, domestic laws and ordinances, and preceding research and data related to government policies. Findings - Chuncheon city ordinances are superior to those of other local governments. However, the details of the establishment of the implementation plan, the actual condition survey, and the establishment of the consultation system are included in the project contents of Article 6, so it is not concrete and clear. And there were no articles related to the labor environment check. Research implications or Originality - It is proposed to make the contents of the establishment of an implementation plan, survey, and consultation system as independent provisions. It is also proposed to establish a new article related to the youth labor environment check. In addition, it is desirable to establish detailed regulations by establishing the ordinance enforcement regulations.