• The Journal of Korean Institute of Communications and Information Sciences
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• v.34 no.2B
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• pp.203-211
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• 2009

In the area of the telecommunication industry, a few products have been developed before related technical regulation has been made. Government agency is forced to make a final decision on whether a requested product is sellable in the market only after the structure and function of requested product is tested. The introduction of a 'SDoC', and 'privatization of technical regulation' to our legal system could be a solution for minimizing the situation mentioned above. Both 'SDoC' and 'privatization of technical regulation' are systems which are capable of minimizing the appearance of products without technical regulations. Furthermore, 'Temporary approval system' would provide a government agency with administrative procedure for new product without technical regulation.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2016.10a
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• pp.183-184
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• 2016

This study aims to suggest relaxed regulation plans for web-board games by analyzing regulations on gambling games with online and mobile platforms. One of the controversial issues in the South Korean game industry these days is legal regulations related to 'gambling'. Gambling is one of its ambivalent factors, which is necessary for fun of these games but has risks of overindulgence and addiction. This study analysis the web-board enforcement ordinance from Feb. 2014 and current relaxed regulation. Moreover, we find the plan which will be relaxed to regulation under what safety net. We propose the solution of web-board regulation policy which is available for an adult.

• Journal of Fisheries and Marine Sciences Education
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• v.11 no.2
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• pp.150-183
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• 1999

Korea-Japan Fisheries Agreement concluded in 1965 made a contribution to the stable development of fisheries relationship for both countries until the year of 1980. From the time on thereafter a series of respectable fishery disputes occurred throughout the period of fisheries self-regulation in accordance with alteration of home and abroad conditions. And both countries marched into a cooperation era by enforcement of the new fisheries agreement from the 23 January 1999, because the Fisheries Agreement system of 1965 had many limitations to settle the fundamental fisheries problems. In this paper, the author carried out the legal interpretation, arrangement of historical facts and evaluation of actual results of the Korea-Japan Fisheries Agreement of 1965. The key contents of the Fisheries Agreement were the establishment of 12-nautical mile exclusive fishery zone and the joint-control fishery zone under the principles of maintenance of MSY for fishery resources, freedom of high seas and mutual cooperation. The legal foundation of the conclusion of the Fisheries Agreement were the San Francisco Peace Treaty of 1952 and the four International Conventions on the Law of the Sea of 1958. During the 33 years, the fisheries power of Korea made a rapid stride, on the other hand that of Japan was almost stagnated. And in the meantime, there were very important development on the international law of the sea, for instant, the settlement of 12-nautical mile territorial sea regime and the establishment of 200-nautical mile exclusive economic zone regime. Annual meetings of the Joint Fisheries Committee were not successful to fill the role for conservation of fishery resources. The Fisheries Self-Regulation Agreement concluded in 1980 was also insufficient to accept the new international regime on the law of the sea, for that reason it was terminated on 23 January 1999. But it is true that the Fisheries Agreement of 1965 made a contribution to normalization of fisheries relationship between both countries and fisheries development of Korea.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2017.10a
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• pp.197-198
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• 2017

The purpose of this study is to investigate the problems of the VR simulator industry represented by the 4th industrial revolution and to examine measures for industrial promotion. For this purpose, we consider the VR simulator regulation and examine the problems. Since the VR simulator has the features of existing arcade games and amusement facilities, it should be classified as game or inspected with amusement facilities depending on the viewpoint. This can be a dual regulation, and before the VR simulator industry starts, there is a risk that the industry itself can be damaged by existing legal limitations. For this purpose, it is necessary to provide a unique legal system for VR simulator and it is necessary to examine the contents to be included in such laws and systems. It is expected that the legal system of VR simulator will lead to promotion of new industry.

• Journal of Internet Computing and Services
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• v.15 no.2
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• pp.129-142
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• 2014

Latest in Smart Grid projects are emerging as the biggest issue that smart meter should meet the security goal and the SW upgrade for compliance with future standard. However, unlike regular equipment, Smart meters should be designed in accordance with the regulation of legal metrology instrument in order to establish a fair trade-based business and unauthorized changes, it is not allowed and it is strictly limited by law. Therefore, this paper propose a new scheme of certification regarding type approval and verification for legal smart meter as analyzing the requirements of a smart meter regarding upgrade and security. This analysis shows that the proposed scheme comply with the regulation and the specification of smart meter by applying it to smart meter with smart card.

• The Journal of Fisheries Business Administration
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• v.53 no.3
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• pp.43-64
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• 2022

Efforts to prevent IUU fishing began in 1996 as the IUU Antarctic Marine Living Resources Conservation Committee reported the multilateral efforts of the international community and related international organizations to prevent IUU fishing. Korea has recently been pointed out by the international community as to many problems regarding its will to eradicate IUU fishing. It is true that Korea has ever been designated as an 'IUU participating country' or a 'non-cooperative third country' by the international community and that there have been considerable difficulties in exporting seafood and using ports along with the deterioration of the national image. In 2020, with the efforts of related organizations and fisheries companies, Korea is now free from being known as a that Korea has recovered some degrees of trust from the international community through strengthening legal sanctions against IUU fishing and thorough implementation of follow-up measures is now free from non-cooperating country it cannot be said that the basic problems have been completely resolved just because it has emerged as a disgraceful country, and the current state of IUU fishing of Korea leaves a room for designation as a 'non-cooperative third country' again at any time in the future. Accordingly, there is an urgent need to examine the problems of the IUU fishing-related legal system in Korea and to come up with an improvement plan. Therefore, this paper reviews international norms for IUU fishing regulation (PSMA etc.) and domestic laws with the Distant Water Fisheries Development Act and Propose the improvement methods for related legal systems in Korea.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.209-244
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• 2020

TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

• Korean Security Journal
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• no.12
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• pp.245-269
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• 2006

The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

• Journal of the Korean Society for Library and Information Science
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• v.29
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• pp.205-230
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• 1995

The publication of books on modern agriculture started under the influence of Silhak Thought developed from the late Chosun Dynasty. The common intention found in these publications is the objective to enrich the country through increased agricultural productivity and thus to secure national independence from the surrounding powers. The study reviews three different categories in this area; five general books on agriculture, three on agriculture related legal regulations, and ten books introducing techniques of commercial agriculture. The first category is comprehensive treatment of general agricultural content and the second is legal regulations which affected the contemporary agriculture. The third category is introductory books on commercial techniques aimed at accumulating wealth through agriculture. Silkworm cultivation occupies an important place in these publications owing to the active encouragement given by the Section of Silkworm Cultivation in the Ministry of Agriculture, Commerce and Industry. We can recognise the extensive involvement of Suh Pyung Sook, who served as the Section Chief of Silkworm Cultivation in 1904, by examining introductions and prefaces of many books in this category. The examples of general books on agriculture are 'New Agricultural Administration' (농정신편), 'General Introduction on Agiculture' (농업대요), 'New Textbook on Agricuture' (신찬농업교과서), 'Pragmatic Agriculture' (실리농방신편), Of these, 'New Agricultural Administration' (농정신편) is evaluated as the first publication on modern agriculture. It was written in 1881, and the first edition was published was published in 1901 with the second edition following in 1905. Examples of the second category are; 'The regulation on utilizing uncultivated state owned land' (국유미간지리용법) legislated and declared with the intention of expanding cultivated area, 'Mining and Forestry Regulation' (광임법규), 'Forest Land Regulation' (임야법령) to administer mining and forestry. Books on commercial agriculture take up the highest proportion in the agricultural publication of this period. These cover silkworm cultivation, chicken farming, vegetables and fruits. The books introduce Western techniques with more scientific and rational approach especially on Silkworm cultivation and chichen farming which had become increasingly significant as commercial agriculture from the late Chosun Dynasty.

• Journal of Korea Trade
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• v.23 no.3
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• pp.68-83
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• 2019

Purpose - The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law. Design/methodology - The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model. Findings - The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules. Originality/value - The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.