• Korea Trade Review
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• v.47 no.3
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• pp.129-139
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• 2022

Ethical issues in international trade will first need to be resolved through applicable public methods. However, considering that there is a party who produced and manufactured the goods, that is, a seller, and a buyer who purchased the goods, the area of the public law is now a matter of private law. Since the CISG does not mention the term 'ethics' in the full text, an ethical consideration is needed to interpret using existing provisions. In addition, a review of the validity, explicit and implied conditions, trade usages, or established practices between the parties through the CISG shows that ethical issues between the trading parties subject to the CISG may constitute part of the sales contract. Ethical hardship in the process of implementing the contract can also be seen as a impediment in the CISG. However, the safe way for a party to avoid disputes is to explicitly insert a contract clause incorporating ethical standards in the contract or add related terms and conditions and codes of ethics.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.34 no.2
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• pp.148-155
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• 2024

Objectives: Among the regulations that have recently attracted a lot of social attention in Regulation on Occupational Safety and Health Standards, we would like to specifically present the reasons why even companies with strong will to comply with regulations that are not effective or entail a number of legal problems, and suggest ways to improve them. Methods: The facts were confirmed and identified through various methods such as interviews and meetings with labor inspectors who enforce the Regulation on Occupational Safety and Health Standards and safety officials at industrial sites experiencing them. Results: Due to the lack of effectiveness in Regulation on Occupational Safety and Health Standards, there are not a few areas that do not function properly as a preventive standard. Although operating the regulatory nature of punishment as an administrative guideline without basing it on Regulation on Occupational Safety and Health Standards is a direct violation of the principles of the administration of the rule of law, there are many expedient ways to replace what should be placed in this rule as just an administrative guideline. Conclusions: It should be prioritized to explicitly stipulate effective regulations within the Regulation on Occupational Safety and Health Standards. In addition, as regulations on occupational safety and health standards play a large part in preventing industrial accidents, comprehensive and practical measures are indispensable rather than fragmented and formal measures to ensure that these rules function properly in the prevention industrial accidents.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.29 no.4
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• pp.179-202
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• 2018

This study examined and analyzed the related study, Library Law, comparison of Korean Library Standards and IFLA guidelines and the status of domestic hospital library provision in order to grasp the regulations and status of domestic hospital library. As a result, the related study is very insufficient compared to overseas, and the Law and Standards for hospital libraries are not clearly and in detail in the Library Law. It is impossible to grasp the statistics and actual condition of the hospital library through the Yearbook of the Korean Library. The Korean Library Standards and IFLA guidelines also show differences in composition and key elements. According to the survey, 49 hospitals (1.3%), 8 hospitals (0.2%), 5 nursing hospitals (0.1%), 4 children's hospitals (0.1%), and 1 military hospital (0.0%) were among the 67 hospitals surveyed. Of the 49 general hospitals, 42 were advanced general hospitals, of which 17 were providing hospital libraries. The most urgent issue for providing hospital libraries is the revision of the Library Law and the Korean Library Standards, and the mandatory provision of hospital libraries, publicity through library magazines, and related research should be carried out.

• 중국학논총
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• no.72
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• pp.101-122
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• 2021

Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.111-140
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• 2007

This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

• Journal of the Korean Institute of Gas
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• v.25 no.6
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• pp.80-84
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• 2021

As the Hydrogen law was enacted, 4 types of hydrogen appliances were designated as inspection products. The types of hydrogen appliances are water electrolysis equipment, hydrogen extraction equipment, stationary fuel cells, and mobile fuel cells. The establishment fo safety standards for hydrogen appliance inspection defines risk factors for each hydrogen appliance and stipulates safety standards to prevent risk factors. The main safety standards for each hydrogen appliance are hydrogen quality and safety control for water electrolysis, toxic substances emission prevention and carbon monoxide emission prevention for hydrogen extraction facilities, vibration safety for mobile fuel cells.

• Proceedings of the KSR Conference
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• 2007.05a
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• pp.1282-1287
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• 2007

Currently, the Korean railway standards (KRS), managed by Korea National Railroad, have been managed by the Korean Ministry of Construction and Transportation. According to Korean railway safety law, which were established for the guarantee of railway safety, the management of KRS including enactment and revision of technical standards for railway vehicle and components, was committed to Korea Railroad Research Institute (KRRI). In this paper, the detailed master plan for the management of KRS will be introduced for the effective management of KRS, and KRS management direction for the future will be suggested.

• Proceedings of the KSR Conference
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• 2005.11a
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• pp.252-257
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• 2005

As the Korea Railroad (KR) was privatized at the beginning of 2005, the Korean Railway Standards (KRS), which was managed previously by KR, have been managed by the Korean Ministry of Construction and Transportation. According to Railway Safety Law and ordinances, which are for the guarantee of safety in railway applications, the management of KRS including enactment and revision of technical standards for railway vehicle and components, was committed to Korea Railroad Research Institute. In this investigation, the detailed management plan and contents are introduced for the effective management of KRS.

• Proceedings of the KSR Conference
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• 2009.05a
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• pp.213-218
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• 2009

The Korean railway standards (KRS), formerly managed by Korea Railroad (Korail), have been managed by the Korean Ministry of Land, Transport and Maritime Affairs (ML TM). According to Korean railway safety law and its ordinances, which were established for the guarantee of railway safety, the management of KRS including enactment and revision of technical standards for railway vehicle and components, was committed to Korea Railroad Research Institute (KRRI). Currently, a total of 195 standards has been managed from the various railway applications including track, electrical, and vehicle areas. Moreover, according to the guideline on the management of KRS, the conformity of KRS with international standards is encouraged for the enlargement of international trade. In this investigation, a brief management activity of KRS and the recent activities on conformity of KRS with AAR standards on automatic coupler will be introduced.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.28 no.1
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• pp.18-34
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• 2018

Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.