• Journal of Intelligence and Information Systems
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• v.27 no.3
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• pp.199-230
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• 2021

Innovative new products and services are being launched through the convergence between heterogeneous industries, and social interest and investment in convergence industries such as AI, big data-based future cars, and robots are continuously increasing. However, in the process of commercialization of convergence new products and services, there are many cases where they do not conform to the existing regulatory and legal system, which causes many difficulties in companies launching their products and services into the market. In response to these industrial changes, the current government is promoting the improvement of existing regulatory mechanisms applied to the relevant industry along with the expansion of investment in new industries. This study, in these convergence industry trends, aimed to analysis the existing regulatory system that is an obstacle to market entry of innovative new products and services in order to preemptively predict regulatory issues that will arise in emerging industries. In addition, it was intended to establish a regulatory impact analysis system to evaluate adequacy and prepare improvement measures. The flow of this study is divided into three parts. In the first part, previous studies on regulatory impact analysis and evaluation systems are investigated. This was used as basic data for the development direction of the regulatory impact framework, indicators and items. In the second regulatory impact analysis framework development part, indicators and items are developed based on the previously investigated data, and these are applied to each stage of the framework. In the last part, a case study was presented to solve the regulatory issues faced by actual companies by applying the developed regulatory impact analysis framework. The case study included the autonomous/electric vehicle industry and the Internet of Things (IoT) industry, because it is one of the emerging industries that the Korean government is most interested in recently, and is judged to be most relevant to the realization of an intelligent information society. Specifically, the regulatory impact analysis framework proposed in this study consists of a total of five steps. The first step is to identify the industrial size of the target products and services, related policies, and regulatory issues. In the second stage, regulatory issues are discovered through review of regulatory improvement items for each stage of commercialization (planning, production, commercialization). In the next step, factors related to regulatory compliance costs are derived and costs incurred for existing regulatory compliance are calculated. In the fourth stage, an alternative is prepared by gathering opinions of the relevant industry and experts in the field, and the necessity, validity, and adequacy of the alternative are reviewed. Finally, in the final stage, the adopted alternatives are formulated so that they can be applied to the legislation, and the alternatives are reviewed by legal experts. The implications of this study are summarized as follows. From a theoretical point of view, it is meaningful in that it clearly presents a series of procedures for regulatory impact analysis as a framework. Although previous studies mainly discussed the importance and necessity of regulatory impact analysis, this study presented a systematic framework in consideration of the various factors required for regulatory impact analysis suggested by prior studies. From a practical point of view, this study has significance in that it was applied to actual regulatory issues based on the regulatory impact analysis framework proposed above. The results of this study show that proposals related to regulatory issues were submitted to government departments and finally the current law was revised, suggesting that the framework proposed in this study can be an effective way to resolve regulatory issues. It is expected that the regulatory impact analysis framework proposed in this study will be a meaningful guideline for technology policy researchers and policy makers in the future.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2015.05a
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• pp.545-570
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• 2015

Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

• The Korean Journal of Archival Studies
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• no.18
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• pp.139-178
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• 2008

The functional requirements standards for electronic records management systems which have been published recently describe the specifications very precisely including not only core functions of records management but also the function of system management and optional modules. The fact that these functional requirements standards seem to be similar to each other in terms of the content of functions described in the standards is linked to the global standardization trends in the practical area of electronic records. In addition, these functional requirements standards which have been built upon with collaboration of archivists from many national archives, IT specialists, consultants and records management applications vendors result in not only obtaining high quality but also establishing the condition that the standards could be the certificate criteria easily. Though there might be a lot of different ways and approaches to benchmark the functional requirements standards developed from advanced electronic records management practice, this paper is showing the possibility and meaningful business cases of gaining useful practical ideas learned from imaging electronic records management practices related to the functional requirements standards. The business cases are explored central functions of records management and the intellectual control of the records such as classification scheme or disposal schedules. The first example is related to the classification scheme. Should the records classification be fixed at same number of level? Should a record item be filed only at the last node of classification scheme? The second example addresses a precise disposition schedule which is able to impose the event-driven chronological retention period to records and which could be operated using a inheritance concept between the parent nodes and child nodes in classification scheme. The third example shows the usage of the function which holds or freeze and release the records required to keep as evidence to comply with compliance like e-Discovery or the risk management of organizations under the premise that the records management should be the basis for the legal compliance. The last case shows some cases for bulk batch operation required if the records manager can use the ERMS as their useful tool. It is needed that the records managers are able to understand and interpret the specifications of functional requirements standards for ERMS in the practical view point, and to review the standards and extract required specifications for upgrading their own ERMS. The National Archives of Korea should provide various stakeholders with a sound basis for them to implement effective and efficient electronic records management practices through expanding the usage scope of the functional requirements standard for ERMS and making the common understanding about its implications.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Korean Journal of Childcare and Education
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• v.11 no.1
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• pp.501-521
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• 2015

This study aims to examine the effects of the main eight items amended in the 2013 child care center accreditation system and to provide suggestions. The participants in the study were 200 child care center teachers and staff; 150 professionals consisting of public officials in charge of child care, members for the accreditation committee, and inspectors at the site; and 144 parents. They participated in an on-line questionnaire survey conducted during the end of February, 2014. The survey questions regarding the eight changed items were the same to all the three participating groups, and three more questions were asked to child care center teachers and staff. The collected data were analyzed with frequencies and percentages to present general recognition level. For a group comparison, analysis of variance was first performed among 3 professional groups, all of which has the same size. When there was not a statistically significant difference among the three groups, the second analysis of variance was done among three groups of professionals including the three groups, teachers and staff, and parents. The results showed that there were differences in recognition among the groups regarding each changed item in the 2013 child care center accreditation system, but overall, the groups evaluated the main amendments positively and the changes were considered appropriate and necessary. However, it was found that in-depth reviews are needed of procedure unification to check the basics to require legal compliance; management of unaccredited centers such as valid period reduction and no accreditation, or limit for re-accreditation application; and the burdens of child care centers about surprise visits and notice of inspection dates in advance.

• Korean Security Journal
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• no.50
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• pp.307-337
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• 2017

The freedom of assembly is the fundamental freedoms guaranteed by the Constitution. However, as far as our reality is concerned, the freedom of assembly is guaranteed only when it is under the control of the police, and otherwise it is perceived as an object to be suppressed. Police say even that they will not tolerate even a small illegal law while referring to the "broken window theory". Therefore, regardless of the peaceful nature of the rally, it is too obsessed with 'compliance'. This attitude is causing the citizens who participated in the assembly to be put to the object to be suppressed. This paper analyzes the requirements and current status of police force, focusing on the vehicle-wall-blocking and water cannon as a means of using the police force, which is a recent problem, and suggests ways to improve it. First of all, the installation of the wall cuts off the essential communication function of the assembly by separating the meeting place from the object of protest. Thus, despite the warning for prevention in the face of illegal acts, other than installing a barrier, it should be allowed only in the 'urgent case where there is a risk of causing damage to the life, body or property of the person'. Without this urgency, the vehicle-wall-blocking should not be allowed to be proactive as well as preventive. Secondly, the water cannon is a police force that is likely to harm people's life and body. Therefore, aiming shots, which could pose a significant risk to the human body, should in principle be prohibited. However, considering its risk, it should be supplementary used only when there is no other alternative, only when the direct risk to the legal interest of the other person or the order of public well-being is 'obvious'. In addition, as for the use standard of such a thing, it is necessary to be specified by law.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.6 no.1
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• pp.144-155
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• 1996

During the 1990s the workplace has grown more complex and business competition has increased world-wide. All organizations, whether for-profit or non-profit have been forced to respond to market changes. More advanced information and technology, greater product diversity, shorter product life cycles, increased quality requirements, more regulation oversight, decreasing productivity, more competitors, and increasing overhead costs have motivated organizations to focus on ways to deliver products cheaper, better, and faster. Many organizations are searching for ways to reduce costs through downsizing, reengineering business processes, implementing quality management, outsourcing, and improving cost management. Support departments that provide services internal to an organization such as human resources, legal, and environmental, safety, and health (ES&H) are often the first organization targeted for cost reduction and cost control initiatives because these functions are part of a rapidly increasing overhead cost. Recently, ES&H functions are incresingly being integrated into the business of business to contribute value to organization beyond mere compliance with ES&H regulations. The discussions and development of the ISO compatible Environmental Management Standards or Occupational Safety and Health Management Standards is another impetus to integrate ES&H function into the business of business. Thus, ES&H professional need new skills to analyze the cost of their function and communicate the value of the products and services they provide. In recent years, the need for and the importance developing cost management and business skills by ES&H professionals have been emphasized in the literature. Communicating with decision makers in terms of cost and value to the organization, and by using business language and business arguments is the first step toward effectively integrating ES&H activities into the business of business. Activity-based costing (ABC) is a cost management method that measures the cost of a product or service based on the actual use of resources by activities, and based on the actual amount of activities used to produce a product or service. ABC is recommended as a tool for managers of ES&H organizations to determine the cost of developing and providing ES&H products within a for-profit firm or non-profit agency. This paper discusses the trend of integration of ES&H functions into the mainstream of business activities within an organization. The general principles of treditional cost accounting are presented as a bases for understandging why and how ABC will provide more accurate estimates of cost. The principles and concepts of ABS are presented as a tool for determining more accurately the true cost of ES&H products and services.

• The Journal of the Korea Contents Association
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• v.12 no.4
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• pp.485-494
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• 2012

The role of admissions officers in universities is to evaluate applicants from a comprehensive perspective on the basis of diverse bases and materials for evaluation that include not only quantitative, but also qualitative information about applicants. Therefore, the crucial key to ensuring the success of the admissions officer system is to ensure the fairness of admission-related decisions and the integrity of individual admissions officers by urging them to render impartial evaluations based on professionalism and avoidance of bias. This study selected the major realm of the ethical education for admission officers on the basis or experts' opinions, and documentary research, and tried to secure the validity of the composed educational contents through the in-depth interviews and discussions with the incumbent admissions officers. The program must handle subjects that are intimately related to the actual experience of many admissions officers, and must be capable of inducing voluntary compliance from the officers. Therefore, the program suggested by this study focuses on three core areas of ethics: that is, 'interaction with society,' 'ethics and responsibilities involved in admission,' and 'legal obligations and roles of admissions officers.' To this end, it provides twelve sub-topics and learning materials. Providing this kind of ethical education programs for admissions officers will help not only to enhance the professionalism and ethical commitments of admissions officers, but also broadly to establish a fairer and more reliable admissions officer system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.429-460
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• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

• The KIPS Transactions:PartA
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• v.14A no.1 s.105
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• pp.25-30
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• 2007

Korea has deeper digital divide between disabled and non-disabled people than other industrialized countries have. This study attributes the deep divide to policy factors and attempts to discern differences in policies concerning IT assistive devices between Korea and America. This study finds that major differences in policy exist between the two countries, and the differences account for Korea's unsatisfactory state of digital divide. Firstly, Korra has different 'perception' of assistive devices. While IT assistive devices are perceived as rehabilitation tools as well as bridges over digital divide in America, they are still foreign to social welfare and rehabilitation of disabled people in Korea. Secondly, the two countries differ in 'enforcement of policy.' In Korea, unlike in America, compliance with regulations on assistive devises is not compulsory. Besides, laws and regulations do not clarify possible sources of financing and legal sanctions, thus their enforcement is hardly effective. Thirdly, Korea's strategy for assistive device 'market' is very different from America's. America has long-term strategies to enliven the market for IT assistive devices. But Korea provided a lump sum of device development fund, and then gave out the assistive devices free of charge. As a result, the IT assistive device market has not been formed, and the foundation for further device development is yet to be constructed.