• The Journal of Fisheries Business Administration
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• v.33 no.2
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• pp.127-152
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• 2002

This study intends to review the development of Large Purse Seine Fisheries in Korea and Japan, and subsequent changes in the fisheries regime as well as management conditions and to examine reorganization directions. In the Northeast Asian Fishing Area, each country has done mutual operation, which causes the fishery competition and controls fishery development. Besides, Exclusive Economic Zon(EEZ) established in 1996 resulted in the prominent changes of fishery development as well as fishery relationship among each country, demands reorganization of fisheries. In the Large Purse Seine fisheries, Korea and Japan are not decreasing, they are stable. In other words, the increase in one country does not necessarily make the decrease in the other country. This is a difference from the case of the bottom fishery. Japan is the highest in the cost, the management is getting worse due to decreasing fish price and shortage of labor. In the case of Korea, the stagnant productivity has been compensated by the rising fish price, but the fishery of low productivity to cut down the size. In addition, during the 1990s the environment of fishery is getting worse because of the free import fishery, shortage of labor, etc. Following the new fisheries paradigm, each country should reorganize its fisheries structure. The principle for reorganization of fisheries structure in each country should be focused on the establishment of sustainable fisheries. The reorganization of fisheries structure for each country by EEZ establishment does not mean only dividing fishing ground and fisheries resources by countries, but means that countries should cooperate together in fisheries management for long-run benefits from fisheries.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.185-207
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• 2008

한국 기업과 프랑스 기업 간에 한국기업이 프랑스기업으로부터 의약품의 임상자료 등에 관한 비밀정보 (Confidential information)를 받아서 한국식품의약품안전청에 의약품 제조허 가를 받기 위해 활용하는 과정에서 체결한 비밀유지 계약 (Secrecy Agreement)의 위반행위 여부의 분쟁이 발생하였다. 이 분쟁은 비밀유지계약 내의 중재조항에 의거하여 프랑스기업에 의해 프랑스 파리 소재 국제중재 판정부 (ICC Court Arbitral Tribunal) 에 회부되었고 한국기업이 응소하여 중재판정부에서 분쟁 사실들에 관한 양 당사자 회사들의 전문가들의 증언, 준비 서면들을 검토하여 비밀유지계약 각각의 조문의 해석을 통해 중재판정이 내려졌다. 이 중재판정은 ‘외국중재판정의 승인 및 집행에 관한 뉴욕협약’에 의거하여 중재판정 집행지국인 우리나라의 법원에서 집행판결을 거치게 되었다. 이때 한국법원에서는 뉴욕협약상의 집행거부 사유들에 관한 판단을 한 후 프랑스기업의 일부 승소의 집행판결을 내렸다. 본 사례연구의 시사점을 보면, 중재조항에 의거한 ICC 중재판정부의 심사절차는 각 나라 고유의 판례나 규정보다는, 중재인들의 건전한 상식에 근거하여 중재판정이 내려졌다는 것이다. 우리나라 법원 역시 중재인의 건전한 상식에 근거를 둔 중재판정의 세부적 내용에 대하여 중재권한, 국제적 공공질서 상의 심각한 문제점이 존재하지 않은 점을 고려하여 일부분을 제외하고는 외국중재판정을 그대로 집행함을 인용하는 판결을 내렸다는 점이다. 따라서, 한국기업들이 국제분쟁에 대비하기 위해서는 중재판정이 내려진 후 집행단계에서 중재판정 내용을 바꾸려는 노력을 하기보다는, 중재 절차 진행단계에서 한국 기업에게 객관적으로 입증할 수 있는 유리한 증거들을 중점적으로 적극 활용하여 중재인들의 건전한 상식에 바탕을 둔 중재판정을 유리한 방향으로 내리도록 유도하는 것이 더욱 바람직한 것이다.

• Strategy21
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• s.46
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• pp.29-56
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• 2020

Despite the deep concerns against the DPRK and the harsh sanctions imposed on it, the country renders the sanctions futile by facilitating various illegal trades such as the ship-to-ship transfers of petroleum or coal. Recently, the international community went into paying attention to solve this matter. Among the measures the community can take, "reinforcing the search and inspection of the DPRK related vessels transiting in the high and territorial seas" is the best policy approach to reduce the sanction evasion and provide the international community with considerable bargaining advantages. This measure requires the forceful action by legal enforcement agencies, also known as VBSS. (Visit, Board, Search, and Seizure) It would make the deals prohibited by the UNSCRs (United Nation Security Council Resolutions) less profitable by reducing the expected return on the deals and increasing the cost for them. So, it would make the illegal deals under the table less attractive. The DPRK has been able to render the sanctions futile by exploiting the limitations of the current maritime sanctions. The resolutions are short of being specific about law enforcement, and the PSI (Proliferation Security Initiative) is legally nonbinding. However, if the UNSCRs and the PSI are combined, they can generate a new source of power and exploit the weakness of the DPRK. Noting that the recent UNSCRs stipulated all the legal discussions in the resolutions are confined and applied only to the DPRK, the PSI can target the commercial trade as well as the WMD-related materials in the case of the DPRK's illegal maritime practices. Therefore, the PSI endorsing partners should go beyond mere commitments. They should discuss action plans to implement the maritime interdictions to the extent that they discourage the DPRK and its business partners continuing the illegal activities.

• Journal of Digital Convergence
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• v.12 no.10
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• pp.61-71
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• 2014

Global commerce is apparently here to bind Korean firms as well as Koreans. The advertising, buying and selling of goods and services recognizes no borders. As a result, enforcing territorially based trademark rights has become ever more challenging. Remote trademark owners who peacefully coexisted in a time before the internet and increasing globalism are now bumping heads. The internet also has made it easier for unscrupulous operators to deceive consumers and divert customers from established businesses by misappropriating trademarks on web-sites and in domain names. U.S. federal courts have been willing to help American businesses halt trademark infringements that reaches outside the United States. This is particularly true for e-business, via the internet, and the trend toward enforcement seems to be in favor of the trademark owner. This article discusses this trend as well as the extraterritorial enforcement of trademark rights by U.S. courts under the Lanham Act. It also offers suggestions for protecting valuable trademark rights worldwide. This paper will contribute to global Korean firms and Koreans who carefully read arguments in this valuable literature.

• Journal of Digital Convergence
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• v.11 no.7
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• pp.59-66
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• 2013

Insurance has been preferential treatment than other financial products for risk ensure as a original function in tax law. However, the recent insurance products is being released in a variety of ways combined with investment and savings, as well as risk ensure. In addition, as the insurer's sales approach including to tax avoidance, tax saving strategies, tax policy associated with the tax-free savings-type insurance has been criticized. The government amended Article 25 of the Enforcement Decree of the Income Tax Act 2013 in order to prevent tax avoidance and equity among other financial instruments, but there are still many problems exist. this study looks for the validity of the tax policies of savings-type insurance In terms of the Enforcement Decree of the Income Tax Act as amended in 2013, and derived for ways to improve.

• Journal of The Korea Institute of Healthcare Architecture
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• v.26 no.4
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• pp.39-47
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• 2020

Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

• Journal of Korea Port Economic Association
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• v.38 no.3
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• pp.133-149
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• 2022

The Port logistics is a pivotal industry in strengthening competitiveness for countries and companies and plays an important role in accounting for the majority of Korea's import and export volume, so its importance among Korea's industries is truly enormous. The port, which plays such an important role, is simultaneously unloaded, transferred into the dock, and stored, and it can be said that it is composed of a very complex flow. In particular, port unloading is an environment in which port unloading workers cannot escape the risk of disasters as large cargoes and cranes for container transport move, and numerous disasters are hidden and lead to serious disasters. Through literature studies on the Serious Accident Penalty Act, this study investigated how the Serious Accident Penalty Act affected port unloading workers and whether there was a change in satisfaction with safety education according to the enforcement of the Serious Accident Penalty Act. Through this study, it was found that port unloading workers were more aware of safety than managers in cognitive, attitude, and experience factors. Since the port unloading manager is not put into the unloading work, the perception of safety was analyzed to be lower than that of workers. Since managers should educate workers on safe work and be alert to safety, it seems that port unloading managers will also need to change their perception of safety. The Act on the Punishment of Severe Disasters took effect on January 27, 22, and in the early stages of the enforcement of the law, many confusing and ambiguous parts are found for those in charge of performing practical tasks on the front line until the law is settled. It seems necessary to revise the Act on the Punishment of Severe Disasters for the purpose of clear standards for the law and no safety accidents in the field to prevent confusion in work. In addition, in order to derive more meaningful research results in the future, it is expected that research on the perception of disasters by workers and managers will be continuously needed by deepening literature research to find various factors and using investigation methods such as interviews.

• Journal of Korean Public Health Nursing
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• v.15 no.2
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• pp.398-411
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• 2001

The separation system of pharmacy and clinic has begun on the purpose of preventing drug misuse and abuse since July 1st of 2000. The system revealed some conflicts between doctors. pharmacists and consumers. Consequently pharmaceutical law and related policies undergone some change. Now in an early period of the implementation of the system, the necessity to examine relevance of those policies and law enforcement to medical doctors' prescriptions pattern evolves. This study tries to verify the pattern through a field study. For the purpose, 930 prescriptions collected in May of 2001, from a pharmacy located in Gangnam-gu in Seoul, were analysed. The prescriptions were issued from several clinics: 459 prescriptions from otorhinolaryngological clinic(ENT), 177 from internal medicine clinic(IM), 130 from ophthalmic clinic(Opt), 52 from obstetric and gynecologic clinic(OB & GY), and 112 from miscellaneous clinics. ENT, IM, Opt. OB & GY are situated in a clinic building of 40m distance. The general findings are following: 1) $88.8\%$ of the total patients came from 5clinics in nearby single clinic building. 2) Average prescribing days were 6.2 days and the average number of used drugs were 4.0 drugs, i.e. 2-4 times of WHO criteria 1-2 drugs. 3) Use of antibiotics in the oral administration drugs rated $71.8\%(WHO: \;22.7\%)$ 4) Use of injection rated $31.3\%(WHO:\;17.2\%)$ 5) $96.2\%$ of the patients use multiple antibiotics in the injection and oral administration together. 6) The patients had multiple disease : ENT patients 1.7 disease and 1M patients has 2.7 disease in average and several regular prescribing types evolved particularly in the ENT prescription. With this result we found that drugs. especially antibiotics are still abused a lot, and there were significant differences in the number of used drugs and prescrbing days between the clinics. It implies somes differences of the preparation work and time for pharmacists. And preparation can be done in advance by pharmacists' own efforts through noticing regular prescribing types. The study suggests the followings: 1) Patient counseling should be done to minimize the incidence of adverse events. 2) The enforcement of the standardized differential preparation price system should be reconsidered. 3) Preparation of typical regularly appeared prescription in advance. which is regarded as 'a prearranged work between doctors and pharmacists' and has been prohibited should be reconsidered. 4) Drug utilization review program should be established to prevent drugs abuse. especially antibiotics abuse.

• Korean Security Journal
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• no.12
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• pp.271-289
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• 2006

Private security industry in South Korea has rapidly been growing in recent years. However, such a rapid growth is being criticized for its focus on external results, which has produced a number of problems. The continued growth of private security industry can be only based upon substantive and qualitative development. In this aspect, it is necessary to consider the global trends of the private security industry, particularly the recent trends of the U. S. security industry which has led the global security industry. This is because the recent trends of the U. S. private security industry would guide the future direction of the private security industry in South Korea. The U. S. private security industry has been replacing the role of law enforcement agencies including the police, from crime prevention to investigation and disaster management, not to mention asset protection and loss prevention. The recent trends of the U. S. security industry appears to be summarized by such characteristics as variety, specialty, and integration, which might account for the structural problem of the private security industry in South Korea. In short, the substantive and qualitative development of the private security industry in South Korea should be accomplished by strengthening its specialty and integration, and also widening its variety.

• The Journal of Society for e-Business Studies
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• v.25 no.2
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• pp.29-48
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• 2020

For the visualization of outcome is relatively limited in informatization filed especially, systematic and quantifiable performance management of IT projects and policies is needed. Thus, the government developed its informatization evaluation system and has reinforced it. And Ministry of National Defense (MND) continues to strive for the settlement of the informatization performance evaluation system as well. According to Defense Informatization Law which was legislated in 2011, informatization policies should be assessed annually through informatization policy evaluation system in terms of their enforcement and outcome. However, informatization policy evaluation has not carried out since its pilot enforcement just after the legislation of the law. Hence, we conducted informatization policy evaluation aimed at performance investigation of 31 policies in '14~'18 Defense Informatization Master Plan. We sophisticated the current informatization policy system and we provide guidelines and tools to support the development of performance goal and indicators for each of the policies. Then, the policies were assessed by the evaluation committee we organized for our study, and we analyzed the problems we tackled in the whole process of evaluation and provided proposals for effectiveness enhancement of defense informatization evaluation system. The proposals will be meaningful for performance management in defense informatization sector and in public informatization sector as well.