• 한국지하수토양환경학회:학술대회논문집
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• 한국지하수토양환경학회 2002년도 총회 및 춘계학술발표회
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• pp.291-294
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• 2002

The Environmental Site Assessment System(ESAS) in Korea which became effective as of 2002 is very similar to the ASTM standard practice in United States. Unlike the United States, however, we do not have Phase I ESA, enough environmental professionals with approved training and practical experiences, and detailed guidelines for a governmental action. As a result of comparison the ESAS with the ASTM standard practice, the ASTM standard practice is focused on the Innocent Landowner Defense and has a difference in data search process as well as legal and methodological ways from the ESAS. Therefore, the Transaction Screen Process in ASTM E-1528 standard practice is suggested to reduce the risk potentially produced under on-site assessment and to achieve efficient on-site assessment. In addition, social and executive supports are discussed to more activate on-site assessment. In near future this study is expected to be standardized more in detail with activation of on-site assessment and it is also expected to increase the role and responsibility of environmental professionals considerably.

• 대한기관윤리심의기구협의회지
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• 제1권2호
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• pp.30-42
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• 2019

In pharmaceutical clinical trials as human material research, the collection, use, storage and provision of human materials must be in accordance with the criteria stipulated in 「Bioethics and Safety Act」, except in the case that some criteria about it is in the law related to clinical trials such as 「Pharmaceutical Affairs Act」 and 「Enforcement Rule on Safety of Drugs, etc.」 so these take precedence over. Under 「Bioethics and Safety Act」, the core aspect of the legal standard for obtaining informed consent is the use of statutory form . The use of statutory form ensure that both those who obtain informed consent and those who give it can know the contents contained this form as well as recognize its importance. Thus, the person who has the right to informed consent can sign the statutory form after correct understanding of the contents. In reality, however, some researchers and IRB members determine that only the main informed consent form is to be used because most of contents on statutory from are included in the main informed consent form. Some other researchers and IRB members judge that the use of statutory form is not needed if human materials may only be used for laboratory testing and the rest will not be stored and provided for future use. Most of these determination and judgement is based on the interpretation of the Korea National Institute for Bioethics Policy(hereafter, KoNIBP) on IRB Information Portal Site. But, it is questionable whether the KoNIBP's interpretation is legally valid and the KoNIBP is the legal entity having authority to interpret existing statute. In some cased not only using the main informed consent form including enough information about the collection, use, storage and provision of human materials but also collecting necessary minimum human materials, and discarding the rest, unusing the statutory form may not cause the problem to respect and protect the research participant's rights. Therefore, the provision stipulating the criteria about the use of statutory form as the legal standard of obtaining informed consent that applies all human material research without exception should review to revise. At least, straighten out the confusion surrounding whether or not the statutory form is to be used, before the revision of related provision, considering the logical opinions of some researchers and IRB Members, the Ministry of Health and Welfare as the legal entity having authority to interpret existing statute should represent its opinion about permission of the acceptable exceptions.

• 의료법학
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• 제11권1호
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• pp.91-116
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• 2010

As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

• 무역상무연구
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• 제71권
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• pp.59-84
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• 2016

Among various export financing, Receivable Assignment is very important. Various countries make use of this method. But Korean law system have shortage of legal structure. This paper looks into Receivable Assignment relation to legal structure. And this paper analyze not only detail Korean civil law system about bond and receivable but also comparative other civil law system. Especially, Korean civil law of bond compare Germany civil law of bond or Japanese civil law of bond. In the context, This paper compares Korean civil law system about bond with International standard rule about bond. For example, It is UN convention on the Assignment of Receivables in International Trade and Principles of International Commercial Contract(PICC). This is good for the commercial party in terms of financing and receivable assignment. Thus this paper will establish Korean legal system direction. There are argument on method of making article and modifing article. The purposes of this paper is to examine revitalizing of Receivable Assignment. And this paper deals with improvement of International Commercial Activation.

• 한국산업보건학회지
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• 제24권2호
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• pp.103-112
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• 2014

Objectives: The present system of occupational safety and health law gives priority to traditional command and control regulations. However, this may give rise to problems such as the delay of standard-setting and shortages of human resources. The aim of this study is to examine the usability of private standards in occupational safety and health systems. Materials: After the limits of occupational safety and health law were examined, an application plan for private norms (EN, as enforced in the EU) and occupational safety and health management systems (OSHMS) was investigated. Results: The utilization of private norms and OSHMS may address the limits of the current legal system. In particular, OSHMS is known internationally as a measure for achieving improvements in overall occupational safety and health performance. As a result, occupational safety and health law and private norms/OSHMS are complementary to one another. Conclusions: Even though the utilization of private standards may give rise to legal questions, such standards as complementary measures to traditional command and control regulations need to be utilized progressively in occupational safety and health systems.

• 대한설비공학회:학술대회논문집
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• 대한설비공학회 2009년도 하계학술발표대회 논문집
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• pp.1337-1342
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• 2009

This test was progressed in the test house of KICT as sectional research of Center for Sustainable Housing. It included a ventilation rate of hybrid ventilation equipment, temperature, and gas test using the SF-6. The purpose of this test is to demonstrate the performance of viovent by estimating an outdoor air flow rate through viovent which the flimmer filter is installed and decide the leakage after operating the constant airflow fan within a house. First, the outdoor airflow rate through viovent measured $130\;m^3/h$ more than a legal required ventilation rate, $104\;m^3/h$. And then it sufficiently satisfy a legal standard, 0.7 air change/h. Secondly, the result of this test exposes that the leakage in the residence is about $20{\sim}25%$. Especially, the outdoor air flowing through the gate occupies 50% of the total leakage.

• 대한원격탐사학회지
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• 제23권5호
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• pp.335-346
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• 2007

This study is aiming at improving the Environmental Conservation Value Assessment Map(ECVAM) of National Land in Korea. The ECVAM items are composed of legal and environmental/ecological assessments. A popular method applied to ECVAM is an overlay environmental/ecological assessment items. The purpose of this study is to offer complementary items of the ECVAM by examining assessment items. In this study we assessed the ECVAM by five methods. Method 1 is Grade 1 areas of each administrative district; Method 2 is comparing overlapped areas of each assessment items Grade 1, 2 and permission of each assessment items duplication; Method 3 is Grade 1, 2 areas by only singular assessment items; Method 4 is Grade 1 areas only of Method 2; and Method 5 is Grade 2 areas only of Method 2. Method 1 showed Seoul and other metropolitan cities revealed a large proportion of Grade I regions by the legal assessment items. Gang won-Do, showed a large proportion of Grade I regions by the environmental/ecological assessment item. Method 2 showed 93.4% of diameter Grade II(standard for stability); forest diameter item accounted for 99.9% by Method 3, Method 4 showed 95.7% of forest diameter, and forest density accounted for 66.4% by Method 5. This study contributes to reduce the complexity in the process of manufacturing ECVAM of National Land, and to raise the flexibility in the process of managing and updating this map.

• 한국물환경학회지
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• 제29권3호
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• pp.438-442
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• 2013

According to Geum-River restoration project, given conditions for management of water environment in the Geum-River were changed. Because of those changes, this study was investigated the establishment of water quality standards and water quality target in the Geum-River basin. For management of water environment in the Geum-River, the sub-basins and watersheds are newly divided and the water quality and ecosystem standards in the sub-basins are reestablished. Considering the consistency of water environment policy and legal system, the legal name of sub-basins and watersheds are unified. TMDL (total maximum daily load) should be implemented in the sub-basin where exceeds the water quality standards and the number of water pollutant among the water quality parameters which exceeds the water quality standards are extremely minimized. The water quality target of water pollutant for implementation of TMDL should be established same or higher concentration of water quality standards.

• 무역상무연구
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• 제50권
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• pp.109-136
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• 2011

Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

• 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.