• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.215-236
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• 2013

It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

• Korean Security Journal
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• no.12
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• pp.117-147
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• 2006

This study aims to propose efficient way to operate the security guarding system from the perspective of administration, policy, law, institution and operation as to the private security guarding system as the Korean security guarding system needs multifaced analysis and measure to ensure efficient operation. The growth strategy has to be restructured and segmentation market needs to be driven in order to cope with the changing conditions of company from the perspective of administration. And private security guarding service companies must refrain from excessive competition while improving the contracting method such as minimum price bidding, etc. From the perspective of policy, the functions of relevant organizations such as the National Police Agency, security association, etc, and mutual cooperation must expand. Also, the profit generation event needs to be privatized and the more positive perception toward the private security guarding service is necessary. In addition, security exhibition and seminar can be expanded to lay the groundwork for the advancement of private security system. From the legal and institutional perspective, the security guarding service related law must be revised and the certification system must b introduced to cope with the changing requirement. The security guarding instructor system must be strengthened to ensure a faithful and earnest implementation of duty to instruct, supervise and educate security guarding personnel. From the perspective of security guarding system's operation, professional security technique must be introduced and applied, and the volunteer application system must be established. In addition, standard 'security guarding manual' must be crafted, and the equipment for security guarding must be modernized to ensure an efficient operation of private security guarding services.

• The Journal of the Korea Contents Association
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• v.14 no.3
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• pp.176-185
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• 2014

This study deals with the precedents regarding music works among 'The suits to claim an infringement of copyright' and 'Suits to claim indemnification for damage' that have been filed in Korea up so far in order to establish clear criteria to judge plagiarism based on the ground of legal judgment and judge the similarity of two works that have been in controversy previously. The study has been performed through literature review and also precedents. According to the study result, 'criteria to judge music works on plagiarism' are largely classified into (1) creativity, (2) access, and (3) substantial similarity. It is almost the same to judge creativity and substantial similarity. With the components of music works, say, melody, harmony, and rhythm, comparative analysis is conducted. About creativity, the original composer's song is analyzed with another object to be compared whereas about substantial similarity, two songs in controversy get to be analyzed. Regarding the current criteria to judge creativity, it is needed to set the number of objects to be compared which have been regarded similar. And access has limitations in setting up objective criteria for it. Lastly, we should develop digitized criteria for substantial similarity based on the preliminary review system of the Committee on Performance Ethics in the past.

• Spatial Information Research
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• v.21 no.2
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• pp.35-43
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• 2013

The aim of this research is to analyze the priority to functions of the U-city Service Aid Organization(USAO), which is to support invigorating U-City industry. This research analyzes the relative importance and the priority about the functional area and components of UASO based on AHP. This research also performs a sensitivity analysis. The research result shows that relative importance of functional area is like following orders: 1) distribution of U-City service-related information, 2) quality certification of U-City-related products and services, 3) R&D of U-City technology, 4) standardization of U-City, 5) U-City human resource development. The relative importance order of functional components is 1) establishment of U-City information distribution organization, 2) construction and management of U-City information distribution network, 3) supporting U-City information distribution and price policy, 4) providing U-City information list for distribution, 5) preparation and application of quality certification standard of U-City products and services, 6) research on legal system of U-City items, targets, and procedures for quality certification, 7) research, analysis, and provision of U-City information distribution situation, 8) level examination of constructed infrastructures and services in U-City, 9) U-City core technology development and localization of technology, 10) standardization of collected U-City information, service classification, distribution system. This research result can be applied directly to design functions of USAO. The result also can be used for duty management, human resource planning, or resource allocation.

• Journal of Environmental Policy
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• v.6 no.4
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• pp.1-28
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• 2007

Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

• Fire Science and Engineering
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• v.24 no.6
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• pp.61-68
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• 2010

In this paper, a research and development result for the implementation of single station fixed temperature detector for residential fire prevention is described. The detector was developed for the certification in Japanese market because of very low domestic market situation. It is in the situation that there is no other regulation especially for residential detectors in Korea, Japanese case has been reviewed. Investigation of domestic legal circumstances and a comparative study for the test standard owned by KFI (Korea Institute of Fire Industry & Technology) and JFEII (Japan Fire Equipment Inspection Institute) respectively are also indicated. The detector alarms with a buzzer and an indicating LED. In the implementation ultra low power MCU(Micro Controller Unit) is applied to control the sleeping state and the monitoring state properly with low current consumption. To sense the temperature fast response thermistor is adopted in the design of fixed temperature residential detector. Automatic test function and alarm stop function are also considered in the design. The major factors which influence to current consumption are explained for the purpose of design reference. Main electronics circuit parts related to it's characteristics of the detector are described. It is explained that the measured current and experimental result of the battery discharge can be met over 10 years operation.

• Korean Journal of Environment and Ecology
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• v.12 no.3
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• pp.253-258
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• 1998

It is common in foreign countries to make a compensative plan for environmental destruction which is caused by development action even in where development is permitted. But, in Korea, environmental plan was regarded as just meeting the legal standard of green area in site development. This study focused on the case of university project, LG village plan, is to evaluate the environment of the site using Hemeroby and suggested restoration plan in compensation for the destructive. The site was a huge development area of apartment located in Suwon. First of all, we evaluated the site using Hemeroby and compared this with LG village plan. Then, we made a compensative plan for the environmental destruction which was not compensated in LG village plan. The results were as follows; $\beta$-/$\alpha$-euhemeroby of the Site was 80.1% before the development and, after the development, $\beta$-/$\alpha$-euhemeroby of the site dropped to 43.7％ and meta-hemeroby increased from 56.3% to 17％. Therefore, we could accept the buildings of LG village development plan and suggested a compensative plan with which we could raise $\beta$-/$\alpha$-euhemeroby like restoring the river, greening parking-lots and rooftops, revegetating cut slope.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.143-163
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• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.3-20
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• 2018

Pharmacopunture is a new combined method of acupunture and oriental drugs. Recently, this method is widely used to treat traffic accident patients in oriental medicine. However, there is no evidences of treatment, no information of effects and side-effects of this method, and no information of drugs used. In South Korea, western medicine and oriental medicine are regulated differently. When a new technology is invented in the area of western medicine, that method should pass several stages of clinical trials. After that processes, that method can be done as a medical practice. However, in the area of oriental medicine, there is no process like that. According to in South Korea, medical practice without license are composed of two behaviors. First type is that medical practice is done by a person who has no medical license. Second type is that medical practice is done by a person who has a medical license but the area of the license is different. Because of this reason, the distinction between the western medical practices and the oriental medical practices is very important. Medical practices are protected by license mainly because they can harm human life or body. When we invented new medical practice and try to practice it to the patients, we should consider the risk of that method whether it is western medical practice or oriental medical practice. It is not clear that the pharmcopunture which has been done is satisfied the standard of medical treatment.

• Journal of Soil and Groundwater Environment
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• v.17 no.3
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• pp.76-85
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• 2012

Geochemical and ecological properties of remediated soil and gas exhausted from a low-temperature thermal desorption (LTTD) process were analyzed to assess the environmental impact of LTTD treatment. Soil characteristics were examined with regard to the chemical (EC, CEC, and organic matter) and the ecological (dehydrogenase activity, germination rate of Brassica juncea, and growth of Eisenia andrei) properties. The exhaust gases were analyzed based on the Air Quality Act in Korea as well as volatile organic compounds (VOCs) and mixed odor. Level of organic Organic matter of the soil treated by LTTD process was slightly decreased compared to that of the original soil because the heating temperature ($200^{\circ}C$) and retention time (less than 15 minutes) were neither high nor long enough for the oxidation of organic matter. The LTTD process results in reducing TPH of the contaminated soil from $5,133{\pm}508$ mg/kg to $272{\pm}107$ mg/kg while preserving soil properties. Analysis results of the exhaust gases from the LTTD process satisfied discharge standard of Air Quality Law in Korea. Concentration of VOCs including acetaldehyde, propionaldehyde, butyraldehyde and valeraldehyde in circulation gas volatilized from contaminated soil were effectively reduced in the regenerative thermal oxidizer and all satisfied the legal standards. Showing ecologically improved properties of contaminated soil after LTTD process and environmentally tolerable impact of the exhaust gas, LTTD treatment of TPH-contaminated soil is an environmentally acceptable technology.