• 한국대기환경학회지
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• 제29권4호
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• pp.353-368
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• 2013

All Koreans had suffered heavily from municipal and industrial air pollution problems since 1960's to 1980's. However the levels of $SO_2$, CO, and Pb have been dramatically decreased since 1990's due to various air pollutants' reduction policies under the provisions of the 1978 Environmental Preservation Act and the 1990 Air Quality Preservation Act such as increasing the supply of low-sulfur fuel, the use of cleaner fuel, no use of solid fuel, and so on. Even though the national ambient air quality standard has been strengthened to protect public health and welfare, the levels of $NO_2$, $O_3$, and $PM_{10}$ frequently exceed the corresponding standards; for example, only 4 stations (1.7%) out of 239 nationwide monitoring stations satisfied the 24-hr based PM10 standard in 2011. Moreover, upto the present time, since there are serious underlying policies of economism and growth-first which can not be solely solved by the environmental laws, it is difficult to root out undesirable social evils such as public indifference, passive academic activities, complacent government bureaucracy, insufficient social responsibility of enterprise, and radical activities of environmental groups. The paper initially reviewed air pollution history of Korea with surveying various environmental factors affecting in/out-door air pollution in the past Korea. Further this study extensively investigated legal and political changes on air pollution control and management for the last 50 years, and then intensively discussed the present environment-related laws and policies unreasonably enforced in Korea. It is necessary to practically revise many outdated legal policies based on health-oriented thinking and on our current economic levels as well.

• World Technopolis Review
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• 제1권3호
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• pp.192-205
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• 2012

Globalization has fuelled the desire for simplicity and flexibility in rules and processes within nations. de Soto (2000) calls for the simplification of rules to enable people to join the formal economy. Friedman (2005) echoes the need for simpler rules, to attract business and capital. Market-based approaches to governing have been adopted in many nations due to globalization. Recent developments demonstrate that such approaches fail. Globalization may lead to impoverishment in the absence of proper forms of governance (Cooney 2000). That is why it has the tendency to become a "race to the bottom." Regulatory measures can be costly, and the costs of doing business are uneven across nations. This unevenness is being used as a comparative advantage. Others call this regulatory competition (Smith-Bozek 2007) or competitive governance (Schachtel and Sahmel 2000), which is similar to the model of Charles Tiebout. Collaborative governance is an approach that governments could use in lieu of the competitive method. Mechanisms that enable stakeholders to exchange information, harmonize activities, share resources, and enhance capacities (Himmelman 2002) are needed. Philippine public policy encourages a shift in modes of realizing labor market governance outcomes from command to collaboration (Sale and Bool 2010B; Sale 2011). Is labor market governance and regional development in the Philippines collaborative? Or is the opposite - competitive governance (Tiebout model) - more evident? What is the dominant approach? This preliminary research tackles these questions by looking at recent data on average and minimum wages, wage differentials, trade union density, collective bargaining coverage, small and bigger enterprises, employment, unemployment and underemployment, inflation, poverty incidence, labor productivity, family income, among others, across regions of the country. The issue is studied in the context of legal origins. Cultural explanations are broached.

• 의료법학
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• 제9권2호
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• pp.269-308
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• 2008

The contemporary age is a period of PR for the self. Regardless of how good the quality of goods or services offered is, if it is not made known to the buyers, a sell is impossible. As a result, the contemporary man is flooded with advertisements and is living in a time of over-saturated information. This is not much different in the medical services sector, as it too is experiencing an overflow of information due to the expansion of advertisement approaches to include not only the previous positive-method, but also the negative-method. In tandem, recent advancements in electronics and information technology has made possible a rapid increase in then number of internet advertisements. However, outmoded medical law, which was created to regulate newspapers and billboards, is still being applied to regulate today's modem medical advertisements. At the same time, collateral ordinances such as "corrective statutes for signs and advertisements" are not sufficient in providing the necessary regulatory countermeasures. In the midst of all this, as IPTV is scheduled to be broadcast nationwide starting next year, and with the market for search advertisements and internet advertisements annually growing at a rapid pace, it has become evermore urgent to come up with an adequate regulatory measure. Consequently, it is necessary to look into the possibility of restricting the medium and content of internet medical advertisements as well as realistic schemes for its realization. In particular, regulatory measures that take into consideration the special characteristics of internet advertisements should be found, and the necessity of an prior deliberation procedure and the likelihood of introducing a certification system should be examined.

• 무역학회지
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• 제42권4호
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• pp.185-215
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• 2017

미국의 탈퇴 이후 불확실성이 많지만, TPP는 정부조달 시장개방에 소극적이었던 베트남, 말레이시아, 브루나이, 멕시코 등의 주요 중진국들의 정부조달 시장을 개방하는 데에 성공하였다. 본 글에서는 현재 가장 큰 규모의 세계 정부조달 시장개방 협정인 WTO GPA와 TPP의 조건들과 규정을 비교하면서 어떻게 TPP가 이 국가들의 시장을 개방하였는지에 대한 함의를 얻고자 한다. 시장개방범위 및 하한선 차원에서 TPP 정부조달 분야의 가장 큰 특징은 정부조달 시장개방에 소극적인 중진국들에게 20년까지의 전환기간을 부여하고, 하한선을 단계적으로 내리게 했다는 점이다. 또한, TPP는 GPA에 비해서 개도국 정부기관들의 행정적 부담 및 비용을 낮추어 주고자 하고 있다. 정부는 새로운 정부조달 시장개방 협상에서 정부조달 시장의 개방을 위해 위의 협상 전략을 고려할 필요가 있다.

• 한국산업보건학회지
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• 제32권3호
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• pp.279-286
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• 2022

Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

• BMB Reports
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• 제47권4호
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• pp.179-183
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• 2014

Investigators planning to use animals in their research and the Institutional Animal Care and Use Committee (IACUC) members who review the research protocols must take personal responsibility for ensuring that they have the skills and knowledge to perform their duties, applying the Three Rs principles of Russell and Burch. The two Korean laws introduced in 2008 and 2009 regulating animal use for scientific purposes in line with the Three Rs principles have been revised a total of 11 times over the last 6 years. Both regulatory agencies, e.g., the Animal and Plant Quarantine Agency and the Ministry of Food and Drug Safety, provide regular training based on the legal requirements. Based on the amended Animal Welfare Act, the IACUC appointment framework has been upgraded: appointments are now for two-year terms and require a qualified training certificate issued by the Animal and Plant Quarantine Agency since 2012. The authors reviewed the current curricular programs and types of training conducted by the two governing agencies through Internet searches. Our Internet survey results suggest that: a) diversity should be provided in training curricula, based on the roles, backgrounds and needs of the individual trainees; b) proper and continued educational programs should be provided, based on trainees' experiences; and c) active encouragement by government authorities can improve the quality of training curricula.

• International Journal of Naval Architecture and Ocean Engineering
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• 제12권1호
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• pp.881-891
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• 2020

In recent years robotics has become an important resource in engineering. Adoption of Robotics and Autonomous Systems (RAS) in activities related to ship inspections has obvious potential advantages, but also arises particular challenges, both from technical and legal viewpoints. The ROBINS project (ROBotics technology for INspection of Ships) is a collaborative project co-funded within the H2020 EU Research and Innovation programme call, aimed at filling the gap between current ship inspections approach and available robotic technology, both from technological and regulatory point of view. Main goal of the present work is to highlight how ship inspections are currently carried out by humans, how they could be improved using RAS, even if not completely autonomous for the time being, at least in selected operational scenarios and how the performances of RAS platforms can be tested to assess their effectiveness in carrying out surveys onboard. In such a framework, a testing facility aimed at assessing RAS' capabilities as well as providing suitable environment for their development has been built and it is still under development along with dedicated testing protocols, able to assess the equivalence between human and RAS inspection of ship and marine structures. The features of a testing facility where RAS can be tested and the testing protocols are presented, showing how technological and regulatory gaps are filled.

• 대한의용생체공학회:의공학회지
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• 제44권4호
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• pp.264-274
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• 2023

Purpose: The objective is to extract insights that can contribute to the formulation of harmonized international policies and support measures for innovative medical devices and management systems. This study aims to propose effective strategies for future medical device innovation and healthcare delivery. Results: It investigates technological advancements, regulatory approval systems, insurance policies, and successful commercialization cases in South Korea, the United States, and the European Union. In 2018, the FDA implemented insurance coverage for Software as a Medical Device (SaMD) and recognized insurance coverage for Digital Therapeutics (DTx). Germany is a country that ensures permanent reimbursement for healthcare applications since 2020, making it the first country to provide legal health insurance coverage for fostering a digital ecosystem. Conclusion: The findings of this research highlight the importance of cultivating a supportive regulatory and environmental framework to facilitate the adoption of innovative medical devices. Continuous support for research and development (R&D) efforts by companies, along with the validation of clinical effectiveness, is crucial.

• 항공우주정책ㆍ법학회지
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• 제24권1호
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• pp.153-194
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• 2009

우주활동의 증가와 더불어 이는 지구상의 인류와 환경에 대한 지속적인 위협요인이 되고 있으며 그중에서도 우주활동과 관련된 환경문제로서 가장 심각한 것으로 파악되고 있는 것이 우주폐기물의 문제이다. 이는 다른 우주 물체에 대해서도 커다란 위협이 될 뿐 아니라 지구의 대기권으로 재진입하여 인간이 통제(control)할 수 없는 상태에서 지구상에 낙하될 때에 인간의 생명과 재산상에 커다란 위험을 초래하게 된다. 현재 우주활동과정에서의 우주공간이나 지구를 포함한 천체에 대한 환경보호와 그 대처를 위한 제도적 장치는 아직 미흡하며 이를 위한 우주국제법적 해결이 모색되고 있고 부분적으로는 우주환경오염을 방지하고자 하는 규정이 일부 조약에 도입되기도 하였다. UN COPUOS를 중심으로 우주조약이나 책임협약 및 달 협정뿐만 아니라 등록협약의 관련조항에서도 가능한 위험을 최소화하기 위한 규정을 두고 있음은 주지의 사실이다. 그밖에도 부분적 핵실험 금지조약이나 핵무기비확산 조약 그리고 환경변화기술의 군사적 사용금지협약 등을 통해서도 우주나 지구자연의 평화적인 이용에 대한 장애요인을 제거하기 위한 직,간접적인 법적 장치가 마련되어 있는 것으로 평가된다. 특히 별도의 법체계를 정립하는 것이 필요하다는 문제와 관련하여 ILA는 일찍이 1986년 세계국제법협회 (ILA) 서울 총회에서 의제로 제안된 이래로 8년여에 걸쳐 여러 차례 각국에서의 회기를 거쳐 이 문제에 대한 지속적인 논의를 해왔던 바, 그 결과 동 협회는 1994년 Buenos Aires 회의에서 최종 초안인 "우주 폐기물에 기인되는 손해로부터 우주 내지 자구환경을 보호하기 위한 국제문서초안"을 작성하여 COPUOS에 제출한 바 있다. 향후 이것은 COPUOS가 의제로 채택하여 기술분과나 법률분과소위원회에서 논의를 할 때 기초적인 검토 자료로서 중요한 역할을 할 것으로 사료되며 동위원회에서 이를 충분히 심의한 후 사안의 심각성에 비추어 조속한 결실을 맺게 되도록 노력해야 할 것이다.

• 무역상무연구
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• 제36권
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• pp.195-262
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• 2007

This paper attempts to assess the Basel Committee's bank supervisory standards and capital adequacy rules, and thereby rethink whether global convergence in banking regulation is desirable. To that end, it seeks to address the impetus for the creation of the Basel Committee, and explore driving forces behind the internationalization of bank regulatory and supervisory standards. Following the historical and theoretical analysis of the internationalization of bank regulatory standards, the movement toward global standards in banking is reviewed. More importantly, this paper seeks to explore the origins of the Basel Accord on bank capital adequacy. To do so, it largely relies on current theories on the process of negotiating the capital adequacy standards in the areas of political science and international political economy. At this point, this study takes a position as a break against the force of international market failure logic that has enjoyed an exceptionally positive reception among economists, political scientists, and legal experts. Nonetheless, it does not intend to freeze the international coordination and cooperation of banking regulation. Given the understanding of the politics behind the creation of the Basel Accord, this paper evaluates the Basel Accord of 1988 and the new capital adequacy framework(Basel II), and then moves beyond the assessment of the capital adequacy standards In doing so, this study draws lessons from Basel in search of a just world order in the global finance.