• Toxicological Research
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• v.19 no.1
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• pp.1-12
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• 2003

New breeding method by genetic engineering is expected as a key technology to solve food shortage due to the growing world population in the year 2000s. Many genetically modified organisms (GMOs) were already developed and the commercial cultivation had started. The first GMO, Flavr Savr tomato, which rotted at a much slower pace than ordinary ones, was developed in US in 1994. Since then, over than 70 different agricultural products including corn, cotton, soybean, papaya, potato, and squash made with genetically modified plants are reportedly on sale worldwide. Supporters favor the GMOs because they have greater yields, longer shelf lives and stronger resistance to disease and insects. On the other hand, opponents say that the supporters ignore a potential danger that they may damage the environment as well as human beings. To assure the safe development and use of GMOs as food and other biotech products, the possible risks on biological environment and human health should be throughly examined and regulated by developer and government. Because the biosafety problem is a global, environmental, and trade issue, a new international treaty is under development. The Cartagena Protocol on Biosafety was adopted at the 1 st Extraordinary Conference of Parties of the Convention on Biological Diversity which was held at Mont-real, Canada, Jan. 29th, 2000. The adoption of the Protocol is seen as a breakthrough in that it is based on the" Precautionary Principle" despite scientific uncertainties surrounding potential risks that GMOs may inflict on human health and the environment and that it has laid the ground for introduction of specific steps to handle international trading of GMOs. In this paper, the authors would like to introduce the current status and perspective of environmental and human risk assessment of GMOs.t of GMOs.

• Journal of Fisheries and Marine Sciences Education
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• v.24 no.1
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• pp.34-43
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• 2012

In order to establish order in fishing industry by cracking down on illegal fishing vessels effectively, it is an essential requirement to identify marking such as the name of fishing vessel and a port of register more easily. Accordingly, it is quite natural that markings on fishing vessels should be marked clearly in an appropriate size on an appropriate site in order for them to be distinguished on the air such as from planes as well as on the sea. Actually, when examining marks such as the name of a vessel which are operating in the country, marks of most fishing vessels are too small as they cannot be distinguished with the naked eye even very closely. There is no coastal fishing vessel which marks the name of fishing vessel on the upper part in order to distinguish it from planes. Fishing vessel law generally which regulates the basic laws about shipbuilding regulates marks on fishing vessel, and fisheries law only regulates sign boards of fishing vessels. Problems and improvement of the marking system on fishing vessels suggested by this paper are as follows. First, in order to contribute to establish order in fishing industry, it would be desirable to tighten standards in fisheries law besides the fishing vessel law. Second, it is difficult to distinguish marks such as the name of a vessel as relevant laws allow fishers to make such marks too small. It is necessary to set the standard for marks larger than those regulated by the international treaty. Third, the relevant laws do not regulate a letter form of marks. Therefore, it becomes a factor to make small marks hard to be distinguished more. It is necessary to decide a clear letter form. Fourth, there is insufficient detailed international standards about the marking system. It is necessary to regulate a detailed standard.

• Korea Trade Review
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• v.47 no.1
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• pp.163-180
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• 2022

The purpose of this study is to examine the extent to which smart contracts can be applied to the software export business and to find out the legislative issues to activate smart contracts. A smart contract is a computer program that automatically executes a contract when conditions are fulfilled. Smart contracts can play a pivotal role in the field that requires immediate execution of contract or in a highly standardized field with multiple parties involved. In the software export business, it is desirable to apply the smart contract partially rather than applying the smart contract to the entire process because various parties are involved and the process is very complicated. The business model of exporting packaged software, a completed software that is mainly licensed for use, rather than the business model of exporting customized software is suitable for using smart contracts because the project for implementing customized software is mainly focused in the development stage. When smart contracts are used in processes such as contract signing, payment, and project management, work efficiency can be increased. In addition, smart contracts can be used when conditions can be quantified, such as error penalties, in areas that previously required contracts with third parties such as banks, guarantors. In order for smart contracts to be actively used in practice, legal reviews on various issues are necessary including the legality of a smart contract and the validity as an electronic document of NFT (non-fungible token) certificate. Also, for the system stability preventing hacking, etc, the periodic verification or inspection by a third party is essential. To activate smart contracts in international transactions the international treaty regarding smart contracts is also necessary.

• Management & Information Systems Review
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• v.29 no.3
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• pp.71-96
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• 2010

This article firstly reviewed Permanent Established(PE) concept of OECD and UN model tax treaty and compared it with that of Korean Corporate Income Tax Law(CITL). The various factors regarding profit like ways of deciding the local source profit, scope and calculation method which will be imputed to PE were also reviewed. Based on above, standard PE judgement basis and calculation method of local source profit were also studied by using actual cases in foreign corporation which performs plant construction & sales in Korea. Accordingly to properly solve the conflict regarding international tax and to protect the tax authority against the foreign corporation in Korea, by standing on equality, I now propose followings for the better concept of PE in Korea. Firstly, the article that a building site or construction or installation project constitutes a PE only if it lasts more than 6 months should be modified to reflect OECD model convention's criteria of 12 months. Second, the scope of 'subordinate attorney' which is regarded as PE under CITL is now including 'holding-delivery attorney', 'order attorney', and 'assurance attorney' as well as 'contract attorney'. This is overly limit the activities of foreign corporation. It had better be loosened only to include 'contract attorney' as OECD provisions. Third, the CITL limits the cases of preparatory and/or auxiliary place which is not regarded as PE, thus limit the foreign corporations' business by expanding the concept of PE. This had better be eased. Fourth, in deciding the amount of local source profits, the CITL stipulates to split the profits by the relevant contribution of transaction parties through 'profit split method'. To solve the conflict, the ways of profit split must be better clarified through providing object and detailed standard and basis.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.9-28
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• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.445-488
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• 1997

In the forthcoming 21st century new technical and scientific developments in outer space demands new approaches towards the problems arising in several fields of the use and exploitation of outer space including practical applications. The main purposes of this study are to analyze the legal problems of geostationary orbital position, telecommunication, direct television broadcasting by uses of artificial satellites. Communication via artificial Earth satellites was one of the first applications of space technology and is now one of the most developed field. From the technical and economic standpoints the advantages of world-wide satellites communication system are too all obvious. However, as the practical uses of space technology become more freguent, the legal conflicts among nations have become more divisive. One of the problem grown in uses of artificial satellites is that of the increasing shortage of suitable orbital slot positions for satellites, especially in geostationary orbit. Legal status of geostationary orbit as a limited resourece have to be reviewed in consideration of the side effect of the "First use, first-served" principle. The geostationary orbit is to be used for the benifits of all mankind and to be guaranteed for each state institutionaly in order to have eguitable access to the use of the orbit. Rapid increase of satellites broadcasting system in not only developed countries but also in developing countries opened up new possibilities with one another's scientific and cultural achievements. But there is also a potential danger that this powerful new instrument of influencing public opinion will be abused. Such a danger incudes spill-over or harmful interference. This controversial issue brings about the question whether prior consent from the receiver nation is needed to broadcast across international boundaries. Some states have rejected prior consent because it interfere with the free flow of information. Many other countries have opposed that opinion as an invasion and violation of sovereignty and as a violation of the 1967 Treaty and the UN Charter. Since declaration of the First Year of Outer Space in 1985, our country have promoted the plan of launching communication and broadcasting satellites. With the Koreasat launched in 1995 as the start, a real satellite-telecommunication era was opened in korea. According to this new development of our country, there will also rise various legal problems related to satellite broadcasting and telecommunication such as the inflow of foreign programs, the permeation of culture and the infringement of program copyright. Consequently the effective reactions to these problems in satellite-communication era should be tried including international cooperation. It is therefore to take into careful consideration the legal issues which may arise in outer space activities and to formulate positive policy on international cooperation with surrounding or advanced countries and international organization concerned. For this purpose the United Nations also prepares the UNISPACE III in 1999, to enable the international community to meet a more promising 21st century.

• Journal of Legislation Research
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• no.44
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• pp.211-239
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• 2013

In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.35-59
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• 2018

Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.79-112
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• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.247-276
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• 2017

The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.