• Title/Summary/Keyword: Legal Certification

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Implementation of ISO45001 Considering Strengthened Demands for OHSMS in South Korea: Based on Comparing Surveys Conducted in 2004 and 2018

  • Lee, Junghyun;Jung, Jinyeub;Yoon, Seok J.;Byeon, Sang-Hoon
    • Safety and Health at Work
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    • v.11 no.4
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    • pp.418-424
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    • 2020
  • Background: According to the previous studies, the work-related accident rate decreased in Korea after the introduction of occupational health and safety management system (OHSMS), but there were several disasters in Korea such as subway worker's death at Guui station in 2016 and the Taean thermal power plant accident in 2018, which escalated the social demand for safety. In 2018, OHSMS became an international standard, as ISO45001 was announced. Methods: A survey was conducted to research the implementation status of OHSMS and changes in people's perception, and the results were compared with those of a past survey. Results: Enhanced social demand and various stakeholders' (not only buyer) needs, and social responsibility are perceived as the motivation for the introduction of OHSMS rather than legal compliance or customer demand. In the questionnaire about problems with the implementation of OHSMS, the factors with higher response rate in 2018 than 2004 were "excessive cost" and "complicated documentation management." In the questionnaire about how to promote OHSMS in organizations, most people answered "reduction of workers' compensation insurance rate" in 2004, but most people answered "exemption from health and safety supervision" in 2018. Conclusion: For the effective implementation of ISO45001, emphasis is placed on social demand, training to recognize health and safety as a part of management, and the reduction of certification and consulting costs to promote the introduction of OHSMS. Incentives such as insurance premium cuts and exemptions from health and safety supervision are needed.

Analysis of Farmers' Intention to the Legislation of Organic Seeds (유기종자 법제화에 대한 농업인의 의향 분석)

  • Shim, Chang-Ki;Kim, Min-Jeong;Ko, Byong-Gu;Park, Jong-Ho
    • Korean Journal of Organic Agriculture
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    • v.27 no.1
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    • pp.1-16
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    • 2019
  • The questionnaire survey was conducted on 225 farmers in Gyeonggi-do, Jeollanam-do and Jeollabuk-do. A total of 189 (84%) farmers responded. 72% of the respondents were males, 50.3% were aged 60 or older, and 51.3% had less than 5 years of farming experience. 78.8% of the respondents are pesticide-free, and 44.4% of respondents have less than 0.5 ha of farming scale. 61.4% of the cultivated crops were vegetable crops. The order of seeds and seedlings to buy was tomato (23.3%), cucumber (12.2%) and pepper (10.6%). The cost of purchasing seeds ranged from a minimum of 100,000 won to a maximum of 5 million won. 78.3% of respondents answered that they well-knew or knew about organic seeds. 78.3% of respondents answered that they knew or knew about organic seeds. Of the positive effects of mandatory use of organic seeds, 41.3% of respondents said they would increase confidence in organic certification. However, 41% of respondents who opposed the mandatory use of organic seeds said that "The strengthening of regulations will make organic agriculture more difficult." When the use of organic seeds is mandatory, 43.4% of the respondents favor direct support for the purchase of organic seeds, which should be supported politically by the state. When organic seeds were supplied, the disease resistant seeds (53.4%) was the preferred characteristic of organic seeds. For the optimal price of organic seeds, 38.6% of respondents wanted the same price as the commercialized conventional seed. In this study, the questionnaire was conducted for three major organic farming regions, but many of the respondents were judged to have a legal position on the mandatory use of organic seeds. Therefore, the results of this study can be used as a basic data for reviewing the legislation on the organic seed production and distribution suitable for the situation of Korean organic farming.

Breaking the Culture-specific Silence of Women Glass Bead Makers in Ghana: Towards Empowerment

  • Adom, Dickson;Daitey, Samuel T.;Yarney, Lily;Fening, Peggy A.
    • Safety and Health at Work
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    • v.11 no.4
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    • pp.450-457
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    • 2020
  • Background: The production of glass beads in Ghana is greatly impacted by the ingenuity of Ghanaian women. Preliminary investigations revealed the lack of interest on the part of women due to poor working conditions as a result of the influence of culture-specific silence. Therefore, the study investigated the poor working conditions faced by these industrious women with the ultimate goal of suggesting ways they can be empowered. Methods: A phenomenological study was conducted in two indigenous glass bead communities in Ghana. Data were solicited via direct observations, personal interviews and focus group discussions. Twenty-six purposively sampled respondents were recruited for the study. Data from the study were analyzed using Interpretative Phenomenological Analysis. Results: The results confirmed that the elderly women glass bead makers are much influenced by the Ghanaian culture of silence. This prevents the women from speaking about the challenges they are facing in their work. Also, the women are silenced because of the fear of losing their jobs as well as the reluctance of their male managers to remedy the challenges they encounter in the course of work. This has resulted in poor remuneration, lack of insurance packages for workers, certification, and absence of personal protective tools for the women. Conclusion: The study tasks the government of Ghana, the Legal Advocacy for Women in Africa (LAWA), the Fair Wages and Salaries Commission in Ghana, the Ghana Trade Union as well as the Local Government Workers' Union to empower the women to sustain the glass bead industry in Ghana.

A Study on Legal Comparison Review of the Pilot's License System of WIG Ship(surface-flying ship) and Pilot Certification System of Aircraft (수면비행선박 조종사 면허제도와 항공기 조종사 자격증명제도의 법적 비교 검토)

  • Park, Sang-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.95-126
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    • 2020
  • In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

Several Legal Issues on Arbitration Agreement under the New York Convention Raised by the Recent Supreme Court Decision of Korea of December 10, 2004 (국제상사중재에서의 중재합의에 관한 법적 문제점 -대법원 2004, 12. 10. 선고 2004다20180 판결 이 제기한 뉴욕협약상의 쟁점들을 중심으로-)

  • Suk Kwang-Hyun
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.225-261
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    • 2005
  • Under Article IV of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), in order to obtain the recognition and enforcement of a foreign arbitral award, a party applying for recognition and enforcement of a foreign arbitral award shall supply (a) the duly authenticated original award or a duly certified copy thereof and (b) the original arbitration agreement or a duly certified copy thereof. In addition, if the arbitral award or arbitration agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language, and the translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. In a case where a Vietnamese company which had obtained a favorable arbitral award in Vietnam applied for recognition and enforcement of a Vietnamese arbitral award before a Korean court, the recent Korean Supreme Court Judgment (Docket No. 2004 Da 20180. 'Judgment') rendered on December 12, 2004 has alleviated the document requirements as follows : The Judgment held that (i) the party applying for recognition andenforcement of a foreign arbitral award does not have to strictly comply with the document requirements when the other party does not dispute the existence and the content of the arbitral award and the arbitration agreement and that (ii) in case the translation submitted to the court does not satisfy the requirement of Article 4, the court does not have to dismiss the case on the ground that the party applying for recognition and enforcement of a foreign arbitral award has failed to comply with the translation requirement under Article 4, and instead may supplement the documents by obtaining an accurate Korean translation from an expert translator at the expense of the party applying for recognition and enforcement of the foreign arbitral award. In this regard, the author fully supports the view of the Judgment. Finally, the Judgment held that, even though the existence of a written arbitration agreement was not disputed at the arbitration, there was no written arbitration agreement between the plaintiff and the defendant and wenton to repeal the judgment of the second instance which admitted the existence of a written arbitration agreement between the parties. In this regard, the author does not share the view of the Judgment. The author believes that considering the trend of alleviating the formality requirement of arbitration agreements under Article 2 of the New York Convention, the Supreme Court could have concluded that there was a written arbitration agreement because the defendant participated in thearbitration proceedings in Vietnam without disputing the formality requirement of the arbitration agreement. Or the Supreme Court should have taken the view that the defendant was no longer permitted to dispute the formality requirement of the arbitration agreement because otherwise it would be clearly against the doctrine of estoppel.

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Study on the Efficient Operation of Private Security Guarding System (한국 민간경호시스템의 효율적 운영방안)

  • Kim, Tae-Min;Kim, Dong-Je
    • Korean Security Journal
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    • no.12
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    • pp.117-147
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    • 2006
  • This study aims to propose efficient way to operate the security guarding system from the perspective of administration, policy, law, institution and operation as to the private security guarding system as the Korean security guarding system needs multifaced analysis and measure to ensure efficient operation. The growth strategy has to be restructured and segmentation market needs to be driven in order to cope with the changing conditions of company from the perspective of administration. And private security guarding service companies must refrain from excessive competition while improving the contracting method such as minimum price bidding, etc. From the perspective of policy, the functions of relevant organizations such as the National Police Agency, security association, etc, and mutual cooperation must expand. Also, the profit generation event needs to be privatized and the more positive perception toward the private security guarding service is necessary. In addition, security exhibition and seminar can be expanded to lay the groundwork for the advancement of private security system. From the legal and institutional perspective, the security guarding service related law must be revised and the certification system must b introduced to cope with the changing requirement. The security guarding instructor system must be strengthened to ensure a faithful and earnest implementation of duty to instruct, supervise and educate security guarding personnel. From the perspective of security guarding system's operation, professional security technique must be introduced and applied, and the volunteer application system must be established. In addition, standard 'security guarding manual' must be crafted, and the equipment for security guarding must be modernized to ensure an efficient operation of private security guarding services.

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A Study on the Development of the Single Station Fixed Temperature Detector of Low Power Consumption for Residential Fire Prevention (주택화재 예방을 위한 저소비 전력형 단독경보형 정온식감지기 개발에 관한 연구)

  • Park, Se-Hwa;Cho, Jae-Cheol
    • Fire Science and Engineering
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    • v.24 no.6
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    • pp.61-68
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    • 2010
  • In this paper, a research and development result for the implementation of single station fixed temperature detector for residential fire prevention is described. The detector was developed for the certification in Japanese market because of very low domestic market situation. It is in the situation that there is no other regulation especially for residential detectors in Korea, Japanese case has been reviewed. Investigation of domestic legal circumstances and a comparative study for the test standard owned by KFI (Korea Institute of Fire Industry & Technology) and JFEII (Japan Fire Equipment Inspection Institute) respectively are also indicated. The detector alarms with a buzzer and an indicating LED. In the implementation ultra low power MCU(Micro Controller Unit) is applied to control the sleeping state and the monitoring state properly with low current consumption. To sense the temperature fast response thermistor is adopted in the design of fixed temperature residential detector. Automatic test function and alarm stop function are also considered in the design. The major factors which influence to current consumption are explained for the purpose of design reference. Main electronics circuit parts related to it's characteristics of the detector are described. It is explained that the measured current and experimental result of the battery discharge can be met over 10 years operation.

Application and Policy Direction of Blockchain in Logistics and Distribution Industry (물류 및 유통산업의 블록체인 활용과 정책 방향)

  • Kim, Ki-Heung;Shim, Jae-Hyun
    • The Journal of Industrial Distribution & Business
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    • v.9 no.6
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    • pp.77-85
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    • 2018
  • Purpose - The purpose of this study is to subdivide trade transaction-centered structure in a logistics/distribution industry system to apply blockchain, to establish and resolve with which types of technology, and to provide policy direction of government institution and technology to apply blockchain in this kind of industry. Research design, data, and methodology - This study was conducted with previous researches centered on cases applied in various industry sectors on the basis of blockchain technology. Results - General fields of blockchain application include digital contents distribution, IoT platform, e-Commerce, real-estate transaction, decentralized app. development(storage), certification service, smart contract, P2P network infrastructure, publication/storage of public documents, smart voting, money exchange, payment/settlement, banking security platform, actual asset storage, stock transaction and crowd funding. Blockchain is being applied in various fields home and abroad and its application cases can be explained in the banking industry, public sector, e-Commerce, medical industry, distribution and supply chain management, copyright protection. As examined in the blockchain application cases, it is expected to establish blockchain that can secure safety through distributed ledger in trade transaction because blockchain is established and applied in various sectors of industries home and abroad. Parties concerned of trade transaction can secure visibility even in interrupted specific section when they provide it as a base for distributed ledger application in trade and establish trade transaction model by applying blockchain. In case of interrupted specific section by using distributed ledger, blockchain model of trade transaction needs to be formed to make it possible for parties concerned involved in trade transaction to secure visibility and real-time tracking. Additionally, management should be possible from the time of contract until payment, freight transfer to buyers through land, air and maritime transportation. Conclusions - In order to boost blockchain-based logistics/distribution industry, the government, institutionally, needs to back up adding legal plan of shipping, logistics and distribution, reviewing standardization of electronic switching system and coming up with blockchain-based industrial road maps. In addition, the government, technologically, has to support R&D for integration with other high technology, standardization of distribution industry's blockchain technology and manpower training to expand technology development.

A Study on the Current Status and Policy Direction of Open Banking (오픈뱅킹(Open Banking)의 현황과 정책방향에 관한 연구)

  • Park, Jeongkuk;Kim, Injai
    • Journal of Service Research and Studies
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    • v.10 no.1
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    • pp.17-31
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    • 2020
  • Open banking, the global trend of the financial industry, is the driving force behind various innovations in the financial market in the future. The right policy direction and detailed tasks are important for triggering the differentiation and reunion of the financial industry. The purpose of this study is to investigate and analyze the background of open banking, domestic and international trends, and Korea's open banking policy. The policy directions and tasks for successful settlement and activation of open banking system are carefully suggested. Open banking is a policy to allow third party provider(TPP) access to bank accounts and open payment functions under the explicit consent of the customer. The opening of the open banking era is expected to begin competition and cooperation between banks and fintech companies in earnest, thus enhancing the competitiveness of the financial industry and contributing to the utility of financial consumers. To this end, policymakers should make every effort to advance open-ended financial settlement infrastructure, open banking legal grounds, and minimize side effects such as customer data leakage and poor financial system stability. Banks and fintech companies will need to focus on scattered customer financial information on a single platform and develop it into a convergence and discrimination of true financial services.

Recognition and Consumption for the Health Functional Food of College Students in the Northern Gyeonggi-do Area (경기북부지역 대학생의 건강기능식품 인식 및 섭취 실태 조사)

  • Kim, Young-Soon;Choi, Byung Bum
    • The Korean Journal of Food And Nutrition
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    • v.29 no.2
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    • pp.206-217
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    • 2016
  • This study was conducted to assess the recognition and consumption of health functional food (HFF) of the college students in the Northern Gyeonggi-do area (Republic of Korea). To accomplish this, a survey was conducted to investigate 360 college students (183 males and 177 females) regarding their general characteristics, as well as the recognition, knowledge, considerations, purchases and consumption of HFF. Most male and female students (68.9% and 61.6%, respectively) were unaware of the HFF certification mark, however, more females(58.8%) were aware of the legal HFF definition compared to males (36.6%). The HFF advertising routes for males and females were 'TV radio' (43.2% and 43.5%, respectively) and 'internet smart phones' (19.7% and 27.1%, respectively). The main factor considered for selection and the most serious problem concerning HFF by males and females were 'effectiveness' (36.1% and 43.6%, respectively) and 'hype (exaggerated advertisement)' (35.0% and 55.9%, respectively). The main purchase route by males and females was 'pharmacy' (35.2% and 27.8%, respectively). The main reason for HFF product purchase by males and females was 'health promotion' (38.8% and 29.4%, respectively) and the main reason for not purchasing an HFF product was 'no health problem'(34.8% and 36.7%, respectively). The percentage of HFF consumption was 46.0% in males and 69.8% in females. The main HFF product consumed by males and females was 'vitamin mineral' (36.9% and 43.5%, respectively). The main reason for HFF consumption by males was 'health promotion' (31.0%) and females was 'recovery from fatigue' (21.8%). The main reason for not consuming HFF by males and females was 'no health problem' (38.4% and 41.5%, respectively). These results suggest the need to provide correct information concerning HFF to college students. Based on these results, greater efforts should be made to provide meaningful information regarding factors affecting purchase and consumption patterns for college students related to the research and development of HFF in the Northern Gyeonggi-do area.