• Fisheries and Aquatic Sciences
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• v.26 no.10
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• pp.617-627
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• 2023

Harvest control rules have been recently developed for some fisheries in Indonesia, including grouper fisheries, and are expected to reverse the trend of declining stocks. One of the proposed options of the harvest control rules is to implement the catch size limit. The catch size limit approach, however, is challenging, unless it is supported also with strong fisheries surveillance, law enforcement, and innovation. The catch size limit approach can be done by implementing changes in fishing methods and gear, including the application of different hook sizes in the hook and line fishing gear. This study examines the impact of different hook sizes on the length at first capture (Lc) and on the bell-shaped maximum selectivity using various selectivity models of the two targeted grouper species (Plectropomus leopardus and Plectropomus maculatus) in the Saleh bay, West Nusa Tenggara, Indonesia. We found that increasing hook size influences the grouper's catch size, increasing the Lc and the bell-shaped maximum selectivity of both species. Based on our findings, hook size can be used as one of the practical tools for grouper management measures, as part of harvest control rules to improve grouper stock in Indonesia.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.4
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• pp.366-374
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• 2013

Maritime transportation circumstance is changing rapidly in accordance with the increase of cargo volume between countries and increase of marine leisure activities by improvement of quality of life. And the circumstance for ship operation is also changing due to aging of seafarers and increasing of foreign seafarers. To cope with such changes in maritime environment well, it requires higher safety management skills from shipping companies, the main subject in charge of the safety matter. In this paper, we analyzed domestic and foreign similar system, and then applied imitation strategies for introduction of an unific evaluation and management system that was consist of marine accidents, port state control, ISM Code and so on from shipping companies. We defined that the imitation industry and system are converted accident ration of construction industry and traffic safety excellence company of road transportation, and then extracted relevant law, evaluation index, incentive system as a imitation subject. We also proposed scheme that introduction of basis law, and evaluation tool with marine accidents ratio, port state control & ism code result, and incentives such as immunity of safety inspection or reduction of commission for introduction of company's safety management level evaluation system. Finally, we proposed the imitation timing and plan in stages for system's sustainable development through the prompt introduction and continuous enforcement.

• The Journal of the Korea Contents Association
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• v.15 no.7
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• pp.193-202
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• 2015

The Korean Housing Lease Act is special law of Civil Code and was enacted from March 5, 1981 as Law No. 3379 to guarantee the stability of residential life. And until January 6, 2015 there were 15 times revisions to protect the right of homeless people. However, it is true that many problems are exposed from enforcement. Because the processing without sufficient review of legislation. and it was enacted very quickly, so, at the part of opposing power that the Article 3 Paragraph 1 "if the housing tenant was delivered rental housing and finish the resident registration, from the day after even if the owner of the house was changed as third party tenant can resist with lease right". In addition, this provision made housing problems of the socially disadvantaged more seriously and the country did not made any way to protect this problems so many issues have been raised and a lot of disputes relating to Housing Lease. Therefore, in this paper derives a problem about opposing power of the Housing Lease Act for tenants of residential stability, and through the foreign legislation case, it propose the improvement to contribute to the residential stability realistically.

• The Journal of KAIRB
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• v.1 no.2
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• pp.30-42
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• 2019

In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

• Korean Security Journal
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• no.50
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• pp.35-57
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• 2017

Security Act has been partially revised many times since it was revised to "Security Service Act". Main contents of such revision consist of the addition of security work such as protection or special security, responsibility enforcement of security company or security guard and systematic management of security service based on security work of previous security service act. But, it needs to be checked out that the fundamental matter about the concept of 'security' is directly related as double-edged sword in such flow of legal revision. That is because security service satisfies the multiple needs for security in the modern risky society and is based on the concept of active management whose goal is to forster and develop the function of actual security service comparing that current "Security Service Act" regulates the formal security service whose goal is permission of security service and systematic management based on article 2 as previous facilities and manned security that is guard duty-centered security service in another respect. So, this study pointed out the limit of interpreting security and security service in "Security Services Industry Act" in respect of providing private security service and drew the conclusion that the legislation and efforts are required for 'security for citizen' by reinterpreting the legislation and revision of private security service-related law as the normal regulation of "Security Services Industry Act" and the special law of "Private Security Services Industry Act".

• Korean Security Journal
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• no.13
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• pp.235-258
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• 2007

Every crime involves a victim and an offender. The offender, from the start of the criminal investigation, is considered as a suspect. After prosecution, he/she becomes the accused, and under consitutional law and criminal procedural law, has the right to enforce the contests of the acts. On the other hand, the victim or his/her family, despite being the person harmed, has very few and comparatively weak rights. To overcome this problem, the Korean criminal justice has recently recognised 'the protection and support of the victim' as a major proposition, and the police as well as the prosecutor's office have been releasing improvement plans for the protection of victims. Setting the above as the background, this thesis deals with the current victim protection acts and discusses the methods to improve them. This study will investigate a more reasonable and effective method of victim support and protection. Currently korea's laws regarding victim protection are not satisfactory, however it is fitting to say that it is certainly an external outline of what it should be. This has been due to the enforcement and creation of 'criminal victim protection' and has acted as a key to more improvements ever since. Despite this, the lack of commitment in human and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure. Despite this, the lack of commitment in human resources and financial resources to enforce these laws has now produced a possibility of the laws proving to be nothing but an unopened letter. To prevent this from happening, the victim nothing but an unopened letter. To prevent this from happening, the victim protection related laws need to be revised to be more practical and secure.

• Asian Pacific Journal of Cancer Prevention
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• v.14 no.12
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• pp.7725-7730
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• 2013

Objective: The purpose of this study was to evaluate secondhand smoke (SHS) exposure inside selected public places to provide basic data for the development and promotion of smoke-free policies. Methods: Between March and May 2009, an SHS exposure survey was conducted. $PM_{2.5}$ levels and air nicotine concentrations were measured in hospitals (n=5), government buildings (4), restaurants (10) and entertainment venues (10) in Seoul, Republic of Korea, using a common protocol. Field researchers completed an observational questionnaire to document evidence of active smoking (the smell of cigarette smoke, presence of cigarette butts and witnessing people smoking) and administered a questionnaire regarding building characteristics and smoking policy. Results: Indoor $PM_{2.5}$ levels and air nicotine concentrations were relatively higher in monitoring sites where smoking is not prohibited by law. Entertainment venues had the highest values of $PM_{2.5}$(${\mu}g/m^3$) and air nicotine concentration(${\mu}g/m^3$), which were 7.6 and 67.9 fold higher than those of hospitals, respectively, where the values were the lowest. When evidence of active smoking was present, the mean $PM_{2.5}$ level was 104.9 ${\mu}g/m^3$, i.e., more than 4-fold the level determined by the World Health Organization for 24-hr exposure (25 ${\mu}g/m^3$). Mean indoor air nicotine concentration at monitoring sites with evidence of active smoking was 59-fold higher than at sites without this evidence (2.94 ${\mu}g/m^3$ vs. 0.05 ${\mu}g/m^3$). The results were similar at all specific monitoring sites except restaurants, where mean indoor $PM_{2.5}$ levels did not differ at sites with and without active smoking evidence and indoor air nicotine concentrations were higher in sites without evidence of smoking. Conclusion: Nicotine was detected in most of our monitoring sites, including those where smoking is prohibited by law, such as hospitals, demonstrating that enforcement and compliance with current smoke-free policies in Korea is not adequate to protect against SHS exposure.

• The Journal of the Korea Contents Association
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• v.17 no.12
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• pp.180-190
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• 2017

This is Kangwon Land casino case due to the damages of betting money, which is likely to affect the contents industry in the future. The reason why the gambler and his family's suit is that why the manager did not control their own access or did not supervise the wagering rules. The provisions of the "Restriction on the amount of money to be paid to the casino" in the Article 14 of the Enforcement Decree of the Act on the Support for the Development of the Abandoned Mine Area are not intended to increase the duty of the casino managers. It is just one of many public regulations imposed. No matter what legislation is made for public interest, it can not be considered equally in the private duty. If so, too much effort will be required to enact or amend the public law and this makes the legislative activity impossible. The Act on the Restriction on Access to the Casino shall be construed accordingly. From the point of view of economic efficiency theory, if we overestimate statutory duties (liability for compensation) excessively, the price goes up on the market, and the volume of transaction decreases drastically. This reduces the economic utility of resources in the society as a whole (total output, foreign currency acquisition amount, etc.).

• Journal of the Korea Organic Resources Recycling Association
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• v.9 no.2
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• pp.77-86
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• 2001

As construction and expansion of wastewater treatment works is continuing, generation of sludge is increasing. Bur most sludge is not used appropriately but disposed by landfill dumping to sea. Furthermore direct landfilling of sludge cake containing moisture content over 75% has been legally prohibited since 2001 that's enforcement will be more strict in 2003. Such a situation means nowadays recycling of organic waste such as sludge and food waste is necessary. Composting is one of recycling methods commonly and used as an effective means of stabilizing organic waste and then compost can be used as fertilizer. However fertilizer law management which include standard of compost products and other fertilizers applied all sludge products indiscriminiately and was not flexible. So MOE has graded organic composts according to land applications to improve recycle of organic wastes. The classified organic compost which contains low contaminants has been possible to use as various purpose. This study enalyzed 30 samples which were raw materials for compost and compost products management well and to estimate the quality of compost products. Heavy metals were measured in Raw materials and OM/N, NaCl and VS were tested in compost products as well as heavy metals. As a result, approximate 10% of raw materials was not suitable to the grade A and 6.7% over the grade B of the regulation on raw materials for compost. In the case of 30 produced compost propducts approximate, 57% of composts was not compatible with the grade A and B of the regulation on composting product. The qualities of compost products were worse than raw materials, because the compost products have more regulation item raw materials have.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.181-215
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• 2001

The thirty-fourth session of UNCITRAL Working Group on Arbitration was held in New York. Among the topics discussed at the session, many delegations agreed to reform the article 7 of the UNCITRAL Model Law on International Commercial Arbitration in light of the development of electronic commerce. As for the article 2(2) of the New York Convention, it was agreed to reflect the changes of the article 7 not in the form of a treaty amendment but in the form of an interpretative statement. The topic as to provisional measures has been found so difficult to reach an agreement that most of its texts submitted by the secretariat were left untouched for the lack of time. However, most provisions of the legislative texts on conciliation were dealt with by delegations. The next session is to be held in Vienna. While the Korean Arbitration Act of 1966 was fully amended in 1999, it seems interesting to look at the development in which the arbitration community of the world has already begun discussing the new dimension of the law and practice of international commercial arbitration. It may be considered early to start a new project of reforming the Korean Arbitration Act at this time when only three years passed after it was fully amended. It is, however, worthwhile to remember that some progressive efforts were aborted in amending the Arbitration Act of 1966. One of them is about the same issue on the insertion of some provisions on the enforcement of interim measures of protection to which the priority is given by the Working Group. It seems fair to say that it would not be dangerous to follow the developments and to adapt ourselves to such trends shown in the session. In Korea, the words “arbitration” and “conciliation” are misleadingly interchanged although these two words should be differentiated from each other in the sense of third-party binding decision. It is self-evident from the Korean Arbitration Act and judicial decisions that arbitral awards bind the disputing parties and are to be treated as final judgements by the competent courts. It is, however, not uncommon to find that the word “arbitration” is misinterpreted as having the same meaning of the word “conciliation”. One of the reasons for the confusion is that many legislations in Korea provide for conciliation as having the meaning of arbitration and vice versa. It may be probable that the proposed legislative texts on conciliation could be a kind of useful method to prevent such confusion from being uncontrollable. It is, therefore, necessary that the legislative texts should be introduced into Korea as a legislation on conciliation.