• Journal of Navigation and Port Research
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• v.29 no.3 s.99
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• pp.227-234
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• 2005

It is said the maritime labour law that total legislation system regulate all relationship concerning a labour of seafarers. A possibility of danger, a helplessness from the shore, a importance of the responsibility, a segregation from the public, etc. is mentioned as the particularity of a maritime labour which is distinguished from that of a shore labour. Therefore, the improvement of social standing and protection of rights for seafarers may be achieved substantially by the maritime labour standards considering such particularity of maritime labour. A vessel is itself international relationship, accordingly maritime labour is also same. It means that international relationship should be considered, whenever any country makes it's national law for maritime labour. Therefore, this paper aims to find out the spirit of legislation for the maritime labour law through a historical study on the development of it, and suggest the facts that should be considered for legislation of domestic law concerned.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.199-224
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• 2017

As Multi-National Enterprises expanded their investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation's charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small and medium sized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It's necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.

• The Journal of the Korea Contents Association
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• v.10 no.1
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• pp.343-352
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• 2010

As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.3-32
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• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Korean Security Journal
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• no.43
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• pp.231-257
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• 2015

Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

• 한국사회정책
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• v.25 no.4
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• pp.125-161
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• 2018

This article aims to investigate the impact of Korean employment protection legislation that has implemented since 2007 on eliminating discrimination on non-regular worker's wage and social security. It is used the panel Tobit model reflecting the variation of implementation time according to the size of establishments. Although the employment protection laws for non-regular workers have implemented, the wage gap and discrimination in social security for non-regular workers have continued. Of course, the discrepancies on wage and social security were founded not only between regular and non-regular workers but also within non-regular workers. For reducing the discriminations, this study proposes to restrict the reason for justifying discrimination, and the introduction of a new approach to accessing the discrimination and complimentary credit system. Besides, this study suggests to actively review the strengthening of regulations on the use of non-regular workers.

• Journal of Legislation Research
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• no.54
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• pp.7-37
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• 2018

This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.3-26
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• 2009

This paper is to research on the role of party autonomy in the decision of applicable law for the arbitral proceeding, arbitral award and arbitration agreement, in the decision of the place of arbitration, in the composition of arbitration tribunal, and the choice of arbitral proceedings. The principle of party autonomy is fundamental to arbitration in general and to international arbitration in particular. Generally the tenn of party autonomy is used as the autonomy of the parties to decide all aspects of an arbitration procedure subject only to certain limitations of mandatory law. Party autonomy permits the parties to a commercial arbitration to choose the laws and make the rules which govern the arbitral proceedings. Party autonomy allows the parties freedom to choose the applicable laws for the arbitral proceeding and the place of arbitration. Party autonomy is recognized in relation to the choice of law for the merits of the dispute as well as for the arbitration agreement and the arbitration procedure. On the basis of the recognition of party autonomy in international treaties, national legislation and court decisions, arbitral practice has generally accepted and enforced party autonomy both regarding the procedure and the applicable substantive law. All modern institutional rules of arbitration follow that line. Today it is recognized by national legislators all over the world to the effect that the jurisdiction of national courts can be excluded by arbitration agreement and that the parties may choose the law applicable to arbitral proceedings. Limits on party autonomy are imposed by mandatory provisions of international or national law or of institutional arbitration rules regarding the procedure. Mandatory laws at the place of the arbitration or under any procedural law chosen by the parties may restrict party autonomy. These mandatory laws usually take the form of public policy considerations in the arbitration. Limitations on party autonomy have been reduced more and more, and the trend of modern national as well as international legislation on arbitration leans clearly in the direction of a maximum of party autonomy.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.31 no.1
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• pp.311-335
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• 2020

This study was conducted to suggest the ways of improving legislative information services in the National Assembly Library based on the information needs of the legislative support organization arising from the legislation process done by the National Assembly Members. For the purpose, 20 users of legislative support organizations were interviewed in depth. Based on the analysis of the results, the study suggested the improvement proposals in the areas of services and system. Service improvement reflected the information needs of overseas legislative cases, the need for supplementing policy information, and the areas that need to be promoted Second, in the area of system improvement, it was proposed to raise the service awareness of the legal information system centered on foreign legal information and to operate personalized service that can provide differentiated information services for each legislative support organization.

• Journal of Korean Society of Rural Planning
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• v.29 no.4
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• pp.137-152
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• 2023

Data is indispensable for digital transformation of agriculture with the development of innovative information and communication technology (ICT). In order to devise and prioritize strategies for enhancing data competitiveness in the agricultural sector, we employed an Analytic Hierarchy Process (AHP) analysis. Drawing from existing research on data competitiveness indicators, we developed a three-tier decision-making structure reflecting unique characteristics of the agricultural sector such as farmers'awareness of the data industry or awareness of agriculture among data workers. AHP survey was administered to experts from both agricultural and non-agricultural sectors with a high understanding of data. The overall composite importance, derived from the respondents, was rated in the following order: 'Employment Support', 'Data Standardization', 'R&D Support', 'Start-up Ecosystem Support', 'Relaxation of Regulations', 'Legislation', and 'Data Analytics and Utilization Technology'. In the case of experts in the agricultural sector, 'Employment Support' was ranked as the top priorities, and 'Legislation', 'Undergrad and Grad Education', and 'In-house Training' were also regarded as highly important. On the other hand, experts in the non-agricultural sector perceived 'Data Standardization' and 'Relaxation of Regulations' as the top two priorities, and 'Data Center' and 'Open Public Data' were also highly rated.