• Title/Summary/Keyword: Legal and Regulatory

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Application of IUCN Category Regarding the Designation of Overlapping Protected Areas (중복지정된 보호지역을 고려하기 위한 IUCN 카테고리 적용)

  • Kil, Sung Ho;Lee, Dong-Kun;Sung, Hyun Chan;Lee, Gwan-Gyu;Kim, Ho Gul;Koo, Meehyun;Mo, Yong Won
    • Journal of Environmental Impact Assessment
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    • v.23 no.2
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    • pp.157-167
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    • 2014
  • The purpose of this study is to seek the application of IUCN categories of overlapping protected areas which is legally designated in South Korea. Different government departments in South Korea have managed and designated as protected areas. However, the protected areas due to different management agencies can be confused with restricting behaviors and supporting residents. The IUCN presents the reasonal standardization classifying the protected areas which could be applied all over the world. Six categories issued by the IUCN could be applied to deal with the problems of the overlapping protected areas. We suggested the application of the IUCN categories compared with legal frame in South Korea. Most areas are overlapped in designation, but the areas are important for ecology and landscape. Moreover, each protected areas in South Korea have zone districts. Comprehensively considered all these things, we made rationale matrix correlated with the IUCN categories and the zone districts of the protected areas in South Korea. For the result of this study, this matrix could be helped to the application of the IUCN categories in domestic protected areas. Although the protected areas has been recognized as regulatory regions, it is expected to expand and sustain the areas based on the matrix.

A Study of Corporate Benchmarking Process with Focus on the Characteristics of Korean Construction Industry (국내 건설산업 특성을 고려한 기업의 벤치마킹 프로세스)

  • Lee, Dong-Hoon;Kim, Sun-Kuk;Choi, Jea-Hwi;Lee, Won-Suk
    • Korean Journal of Construction Engineering and Management
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    • v.11 no.6
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    • pp.24-34
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    • 2010
  • Benchmarking is an effective tool supporting improvement of corporate competitiveness and development of management strategy, however, its effectiveness may be compromised if its target and approach are not appropriate. Notably, the construction industry of Korea is unique in that it has a number of competitors sharing the same category and is significantly exposed to changes in external environment in terms of legal, regulatory and policy frameworks. Such characteristics make target corporate category rather than single company more suitable as benchmarking target and necessitate analysis of external environment. This study intends to analyze the characteristics of construction industry in Korea and conditions of domestic companies in order to propose a benchmarking process for construction industry differentiated from conventional ones.학교 건축공학과, 산학협력기술연구원;경희대학교 대학원;경희대학교 대학원;

Freedom of Broadcasting and on the Structure Restricting of Broadcasting in the Constitution (헌법상의 방송의 자유와 방송규제의 법리)

  • Cha, Su-Bong
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.164-172
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    • 2008
  • For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

Transition from Diagnosis to Assessment System in Public Institution Personal Information Protection Management: Policy Approaches and Recommendations (공공기관 개인정보보호 관리 수준 진단에서 평가 체계로의 전환 : 정책적 접근 및 제언)

  • Youn-hee Hong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.34 no.4
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    • pp.801-809
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    • 2024
  • In the digital age, the importance of personal information has magnified, underscoring the need for enhanced personal information protection, especially within public institutions. Despite ongoing efforts since 2007, significant breaches in public sector information underline persistent vulnerabilities. This study advocates for a transition from a diagnostic to an assessment framework to fortify privacy management in public institutions, as mandated by recent legislative revisions. The amended Personal Information Protection Act introduces an assessment approach, aiming to comprehensively assess and mitigate risks by expanding the scope of evaluation and implementing robust regulatory measures. This study examines the limitations of the current diagnostic practices through literature review and case analysis and proposes a systematic approach to adopting the new assesment system. By enhancing the assessment framework, the study expects to improve the effectiveness of personal information management in public institutions, thereby restoring public trust and ensuring a stable progression into a more secure digital era. The transition to an assessment system is designed not only to address the gaps in the current framework but also to provide a methodical assessment that supports ongoing improvement and compliance with enhanced legal standards.

The Efficient Public Private Partnerships for the Geospatial Data (공간정보데이터의 효율적인 민관 파트너쉽 방안 - 서울시 추진사례를 중심으로 -)

  • Koh, June-Hwan;Kim, Moon-Gie
    • Spatial Information Research
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    • v.20 no.2
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    • pp.71-79
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    • 2012
  • This paper is based on the research in the field of geospatial data that Seoul Government has initially promoted with private companies. In order to introduce the knowhow which has obtained through the cooperation between Seoul government and Private companies, several useful and practical materials will be offered in this paper. As for the cooperation on geospatial data, government and private companies should form a consultative group to find the way of improvement and the legal and regulatory details should be summited to related institutions. This paper will offer a proposal about how to improve and invigorate the present system, also, it will help to look for an effective proposal about budget reductions on the geospatial data which Seoul government propelled with private companies through continuous cooperation. Useful guide about how to solve the difficulties due to the imcomplete of legislations and closed institutions provided by Seoul Government will also be mentioned in this paper.

Normative Issues of Maritime Autonomous Surface Ships(MASS) Pursuant to the State Jurisdictions under UNCLOS (유엔해양법협약상 국가관할권에 따른 자율운항선박의 규범적 쟁점사항)

  • 한국해양수산개발원
    • Ocean policy research
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    • v.33 no.2
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    • pp.147-181
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    • 2018
  • Currently, we are living in the era of the 4th industrial revolution. In the field of shipping industry, the MASS is a revolutionary game changer in the making arising out of such an industrial and technical innovation in the pursuit of radically challenging the pre-existing system of a human-operated vessel. Given this trend, the entire maritime regulatory regime, which has been designed by, and intertwined with, human seaworthiness, abruptly faces the most unprecedented normative confrontations now and increasingly in the coming days. As the constitution of ocean, UNCLOS, provides, every flag state is obliged to effectively exercise its jurisdiction to secure technical and human seaworthiness. Moreover, the coastal state may institute protective proceedings against vessels in respect of any violations of its laws to protect its marine environment in maritime zones of the coastal state. Further, UNCLOS acknowledges that the port state's authority extends to take administrative measures to prevent sub-standard ships from sailing within the ports or offshore-terminals of the state. These three jurisdictional functions will be required to more closely interface with each other than ever over the legal and political implications created by MASS. Although states' jurisdictional nuances are significant in this present world tilting back to protectionism, there are few articles to present jurisdictional issues of states and conceivable normative discourse with regard to MASS. This articles visits potential jurisdictional conflicts underlying MASS and tries to strike balance between contradictory interpretive approaches under UNCLOS while it is undeniable that this doctrinal research tends to strive to find justifications within the current framework of international law.

Analysis of Variability Factors in Establishing Pesticide Residue Limits on Food Crops (농산물중 농약잔류 허용기준 설정시의 변이계수 분석)

  • Lee, Mi-Gyung;Lee, Su-Rae
    • Korean Journal of Food Science and Technology
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    • v.37 no.3
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    • pp.492-497
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    • 2005
  • In establishing legal limits of pesticide residues, various default values are employed to compensate for unavoidable variability in data. Because permissible errors in residue analysis reach ${\pm}30-40%$ RSD, maximum residue limits (MRLs) follow geometric progression. According to 5-yr period JMPR reports, variability factor (ratio of highest to median values) in field residue trials was 3.8-fold in 486 crop-pesticide combinations and round-up effort from highest residue to MRL was 1.5-fold, whereas regulatory margin (ratio of MRL to highest residue) used in Korea was 4.8-fold in 822 crop-pesticide combinations; Korean MRLs will be set at higher levels as compared with Codex limits if these margins are employed. Validation studies to compare and harmonize Korean and Codex MRLs of pesticide residues on food crops should be undertaken.

The Past and Future of Public Engagement with Science and Technology (참여적 과학기술 거버넌스의 전개와 전망)

  • Kim, Hyomin;Cho, Seung Hee;Song, Sungsoo
    • Journal of Science and Technology Studies
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    • v.16 no.2
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    • pp.99-147
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    • 2016
  • This paper critically reviews the previous discussion over public engagement with science and technology by Science and Technology Studies literatures with a focus on justification and acceptance. Recent studies pointed out that the "participatory turn" after the late 1990s was followed by confusion and disagreement over the meaning and agency of public engagement. Their discussion over the reproduction of the ever-present boundary between science and society along with so-called late modernity and post-normal science and sometimes through the very processes of public engagement draws fresh attention to the old problem: how can lay participation in decision-making be justified, even if we agree that privileging the position of experts in governance of science and technology is no longer justified? So far STS have focused on two conditions for participatory turn-1) uncertainties inherent in experts' ways of knowing and 2) practicability of lay knowledge. This paper first explicated why such discussion has not been logically sufficient nor successful in promoting a wide and well-thought-out acceptance of public engagement. Then the paper made a preliminary attempt to explain what new types of expertise can support the construction and sustainment of participatory governance in science and technology by focusing on one case of lay participation. The particular case discussed by the paper revolves around the actions of a civil organization and an activist who led legal and regulatory changes in wind power development in Jeju Special Self-governing Province. The paper analyzed the types of expertise constructed to be effective and legitimate during the constitution of participatory energy governance and the local society's support for it. The arguments of this paper can be summarized as follows. First, an appropriate basis of the normative claim that science and technology governance should make participatory turn cannot be drawn from the essential characteristics of lay publics-as little as of experts. Second, the type of 'expertise' which can justify participatory governance can only be constructed a posteriori as a result of the practices to re-construct the boundaries between factual statements and value judgment. Third, an intermediary expertise, which this paper defines as a type of expertise in forming human-nonhuman associations and their new pathways for circulations, made significant contribution in laying out the legal and regulatory foundation for revenue sharing in Jeju wind power development. Fourth, experts' conventional ways of knowing need to be supplemented, not supplanted, by lay expertise. Ultimately, the paper calls for the necessity to extend STS discussion over governance toward following the actors. What needs more thorough analysis is such actors' narratives and practices to re-construct the boundaries between the past and present, facts and values, science and society. STS needs a renewed focus on the actual sites of conflicts and decision-making in discussing participatory governance.

A Study on the Legal System of Korea Nano-safety Related Regulations (국내 나노안전성 관련 규제의 법체계 고찰)

  • Lee, Cheon-mu;Yoon, Chong-min
    • Journal of Korea Technology Innovation Society
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    • v.19 no.4
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    • pp.736-767
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    • 2016
  • Recently, the social issue about harmful effects of nano-materials including nano-products to human body and environment have been raised, which were not expected in times past. To prevent the risks of nano-materials on the environment and human body, the regulatory policies are reinforced to ensure public health in world trends. In Korea, governmental department has prepared the policy for 'National nano-safety Management Master Plan' since 2011. However, it is very hard to manage all kinds of nano-materials, due to lack of nano-safety law and a wide range of nano-technology application. This study aims to analyze the current situation of the national policy related to nano-safety management and legislation, and also review the limitation of current system to propose improvement plan for nano-safety.

A study on the intention of companies to utilize fishery by-product s in the marine bio industry (수산부산물에 대한 해양바이오산업 활용 의향 조사 연구)

  • Duckhee Jang;Soeon Ahn;Chulhong Oh
    • Journal of Marine Bioscience and Biotechnology
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    • v.15 no.2
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    • pp.67-81
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    • 2023
  • This study examines a business survey on the utilization of fishery by-products with the aim to assess the feasibility of incorporating these by-products into various industries. The research involved surveying 312 biocompanies across the country and conducting an empirical analysis based on the collected data. South Korea, a leading seafood-producing country with a developed seafood processing industry, provides conditions necessary to utilize seafood by-products as raw materials for the marine bioindustry. Among the surveyed biocompanies, 38.5% expressed their intention to engage in industrial activities involving the use of fishery by-products in the future, indicating a significant level of interest within the bioindustry in utilizing marine and fishery by-products. Companies showed interest in diverse materials, such as scales, fish bones, skin, and kelp holdfast beyond those currently defined under the Fisheries By-products Recycling Promotion Act (officially unnamed, 2021). This suggests a need for improvements in the regulatory framework to accommodate these diverse biomaterials. Furthermore, we propose enhancing the efficiency of fishery by-product utilization by focusing on regional specialization in marine bioindustry. This involves utilizing existing legal framework for upcycling fishery by-products and fostering a regionally specialized marine bioindustry.