• Title/Summary/Keyword: Legal revision

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Development direction of geographical indication for globalizing kimchi (김치의 세계화를 위한 지리적 표시제 발전방향)

  • Min, Sunggi;Cho, Jungeun;Seo, Hye-Young
    • Food Science and Industry
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    • v.54 no.4
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    • pp.260-267
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    • 2021
  • Nowadays kimchi is exported to 80 countries and can be easily found overseas, but the name "Korean Kimchi" has not been protected internationally. Korean kimchi need to be registered as a geographical indication and receive international protection in order to establish its status as the country of origin. With the revision of the Kimchi Industry Promotion Act in 2020, geographical indications were introduced for kimchi and a legal basis was in place to enable the geographical indication as "Korean Kimchi" or "Republic of Korea Kimchi." Although there are issues remaining between the current system and producers' associations, we should prioritize the geographical indication as a means of protecting the country's agricultural products. In addition, efforts should be made to improve the quality and product value of Korean kimchi so that it is also recognized as a global brand.

A Study on the Quantified Point System for Designation of Personal Identity Proofing Service Provider based on Resident Registration Number

  • Kim, JongBae
    • International journal of advanced smart convergence
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    • v.11 no.4
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    • pp.20-27
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    • 2022
  • In this paper, we propose to improve the designation examination criteria of agencies that provide personal identity proofing based on the resident registration number (RRN), a 13-digit number uniquely assigned by the government to identify Korean citizens. In online commerce, etc., the personal identity proofing agency (PIPA) is a place where online users can prove their personal identity by presenting an alternative means instead of their RRN. The designation examination criteria for PIPAs established in 2012 is a revision of the relevant current laws, and there is a problem in applying the designation examination for alternative means of RRN as the current examination standard. Therefore, in this paper, we propose a method to make the current examination criteria applicable to the newly designated examination of the personal identity proofing service provider based on the current RRN alternative method. According to the current designation examination criteria, only those who satisfy all the examination criteria are designated as the PIPA. However, in reality, it is not in line with the purpose of regulatory reform to require that all examination criteria be satisfied. In the proposed method, it is proposed to apply the standard score system for designation of PIPAs, to make the law current, to secure legal compliance, and to establish a new examination standard to provide a new alternative means of personal identity proofing service. By applying the proposed method to the PIPA designation examination, various alternative means of RRN can be utilized in the online commerce service market.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

Study on the legal system alignment of Invention Promotion Act and Its Relationship with the Framework Act on Intellectual Property (발명진흥법 법체계 정비와 지식재산 기본법의 관계에 관한 연구)

  • Lee, Kyung-Ho;Kim, Si-Yeol;Kim, Hwa-Rye
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.8
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    • pp.280-291
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    • 2016
  • The Invention Promotion act is one of the acts that have been frequently revised. Such frequent revisions have been pointed out as a major cause of the recent ongoing discussion on the alignment of the Invention Promotion Act. For proper alignment of the Act, diversified perspectives and issues have been discussed. Of them, the talk considering the effect of the 2011 Framework Act on Intellectual Property establishment on the Invention Promotion Act has received increasing attention. In this situation, this paper examined the relationship between the Framework Act and Invention Act with special focus on the relationship between the framework-formed law and an individual act that has existed prior to such a framework act. Based on this analysis, this study examined the alignment goal of the Invention Act. In addition, by studying the relationship between the recently-established framework act and the individual act along with revision case examples thereof, this paper aimed to produce a standard reflecting the legal reality. This study assumed that, although it is difficult to recognize any formal superiority in the Framework Act on Intellectual Property in the present South Korean legal regime, some practical superiority or practical supremacy is still deemed to be acknowledged. Under this assumption, it was found in this study that the Invention Promotion Act would also need to be managed in an appropriate relationship with the Framework Act within the range of such an attitude. Moreover, the structure would need to be reorganized. As discussed partially at the practical level, however, the Invention Promotion Act is an execution act of the Framework Act on Intellectual Property. Furthermore, it is inappropriate to seek to converge the full structures completely, given the limitations of the South Korean legal regime and the fairness balance with other legal cases. It is deemed that, although the provisions of the Framework Act on Intellectual property should be considered at the practical level, the Invention Promotion Act will need to be respected for its legislative purpose in itself.

An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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Experimental Study on the Effects of Combustion Products on the Human Body and Suggestion of Law Revision (흡음재의 연소 생성물이 인체에 미치는 영향에 대한 실험적 연구 및 법률 개정 제언)

  • Kang, Jung Ki;Choi, Don Mook
    • Fire Science and Engineering
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    • v.33 no.4
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    • pp.28-34
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    • 2019
  • Regardless of the ignition source, the main factors affecting the spread of flames to the human body are combustibles. The sound absorption material, which is the finishing material used in music institutes and karaoke rooms, consists of polyurethane that generates a large amount of toxic gas with a high amount of combustion gases during a fire. Still, the current law does not require the use of impregnated finishing materials for tutoring services with less than 100 users. In this study, the rate of flame diffusion was measured using the MultiRaelite composite gas measuring instrument (target substance VOC, HCHO, SO2, CO2, CO, HCN, and NO2) for the collection of sound-absorbing materials installed in the actual music academy. The results showed that the toxic gas found in this experiment exceeded the allowable concentration of TWA (Time Weighted Average) and STEL (Short Term Exposure Limit). In addition, a comparative combustion test of the general sound absorber and non-combustion sound absorbing materials on the market showed wide differences in ignition and diffusion. Therefore, based on the results of the experiment, private institutes with less than 100 users should be mandated to use non-combustion sound absorbing materials.

A Study on Improvement Plan of Teacher Librarians' Placement after the Revision of the Enforcement Decree of School Libraries Promotion Act (개정 학교도서관진흥법 시행 이후 사서교사 배치 및 양성에 대한 연구)

  • Kang, Bong-Suk;Park, Juhyeon
    • Journal of Korean Library and Information Science Society
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    • v.50 no.3
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    • pp.239-259
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    • 2019
  • The purpose of this study is to find a better way for placement of teacher librarians after the revision of the Enforcement Decree of School Libraries Promotion Act. To do this, the literature research is applied for reviewing the policy and current status regarding the placement of school librarians. The Ministry of Education announced its willingness to secure the number of job openings for librarian teachers through the midium and long-term plan in the 3rd School Library Promotion Basic Plan. It is analyzed that 323 new teacher librarians need to be recruited every year, after estimating the demand for recruitment of teacher librarians by 2030, considering the 3rd school library promotion basic plan. Schools in Gyeonggi Province and Daegu with no school library personnel exclusively in charge of libraries have been allocated with temporary teacher librarians, as an attempt to comply with the legal obligation to place exclusive staff for libraries, faced with practical challenges of recruiting new teacher librarians in a limited amount of time. But survey through questionnaire method shows only 69 out of 122 survey participants, which account for 56.6%, have proper teacher librarian licences. According to the analysis of teacher librarianship status, only 146 people were trained in 2019. As a result, the field demand for librarian teachers surged, but it was found that the conditions for training excellent librarian teachers have not been provided. Therefore, it is necessary to actively prepare a way to secure a certain level of qualification holders with the qualifications of excellent teacher librarians.

The Legal System Method of Software Safety to Strengthen Aviation Safety (항공안전을 강화하기 위한 소프트웨어 안전성 법제도 방안)

  • Jee, Jung-Eun;Lee, Sang-Ji;Shin, Yong-Tae
    • Journal of Advanced Navigation Technology
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    • v.15 no.5
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    • pp.687-695
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    • 2011
  • The defect caused by the software industry that is the source of knowledge-centric, information-centric and technology-centric affects an engine which operate a major role for operation of aircraft. Therefore, we should minimize the danger from the defect by strengthening the stability of aviation through the stability analysis of software. In this paper, we examine the laws and systems about the aircraft defects and software safety and propose the enhancement and the enactment of the law or measures to strengthen aviation safety. We should the existing law or system as items, such as the revision related to the safety analysis, standards of quality assurance including safety, application of quality assurance that you must attach the safety analysis report, assessment of detailed instructions of certification authorities. In addition, we should enact the new law and system as items such as the mandatory software evaluation and certification, continuous assessment based on the software life cycle, mandatory introduction of a standardized development methodology, strengthening of advanced workforce system. We can expect the improvement of software quality and an enhanced aviation safety by improving existing laws or systems and enacting new laws or systems.

A Study on the Improvement of Systemicity and Compatibility in The Framework Act On Science And Technology (과학기술기본법의 체계성 및 정합성 제고를 위한 개정방안)

  • Yoon, Chongmin
    • Journal of Korea Technology Innovation Society
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    • v.17 no.1
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    • pp.95-123
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    • 2014
  • Recently, as the role of science and technology in social domain is more increased and the creative economy becomes a important matter in national development strategy, it is necessary that the improvement of legal system on science and technology for efficiently responding to paradigm shift into Innovation driven science and technology policy. Especially, The Framework Act On Science And Technology as a general and basic norm on science and technology policy is necessary to revise in systematic and substantial aspect in order to correspond with changed environment and current of the times. The Framework Act On Science And Technology was established in 2001 and revised several times, but substantial amendment reflecting the political facts as the need to demand was insufficient because it was revised only related with restructuring the government organization and changing the S&T Policy Coordinating Committee system. And therefore, this paper aims to review the problems and complementary factors and suggest the improvement draft on The Framework Act On Science And Technology. According to study, the revision methodologies are following : first, the Chapter and Paragraph of the law should be restructured to improve the systemicity, next the comprehensiveness, effectiveness, connections with related special laws and compatibility of the law should be complemented by adding the new provision or amending the inadequate provision to improve the position and function as a general and basic norm.

Consideration of the Traditional Market-Related Law Revision Plan: Focus on Moranjang in Seongnam (전통시장 관련법 개정 방안에 대한 고찰 : 성남 모란시장을 중심으로)

  • Lim, Jin;Kim, Young-Ki;Lee, Min-Kweon;Kim, Yoo-Oh;Youn, Myoung-Kil
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.37-47
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    • 2011
  • Our distribution industry still lacks legal and institutional supplementary frameworks. Therefore, we urgently need systematic supporting schemes for targeting small merchants, including those in traditional markets. In 2004, the scope of and target for traditional markets took shape through the enactment of the 'Special Act for Nurturing the Traditional Markets'. Though restricted to a single market, it expanded the target and scope to include markets and stores, market improvement districts, and business improvement districts. However, the Special Act for Nurturing the Traditional Markets, the criterion for the revitalization of and support for the traditional market, applies a uniform standard. Accordingly, the Special Act for Nurturing the Traditional Markets has revealed problems, such as the deficit of legitimate ideas about unregistered markets. This study identifies the problems with the Special Act for Nurturing the Traditional Markets. We take the Moranjang case as an example. This study offers the problems new insight. We discuss the problems in terms of their empirical reality. We focus on unregistered markets, which are not protected by law. Most previous studies have applied empirical methods, but this study also provides legal and institutional perspectives on the prospect for efficient outcomes by applying the normative study methods applicable in the field.

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