• International Commerce and Information Review
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• v.16 no.1
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• pp.3-24
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• 2014

When the Korean Wave was sweeping over China, Asia, Other Countries, Some people worried that the ambiguity of the copyright act would obstruct export of the entertainment contents. To solve this problem, the copyright authentication was introduced in the copyright act, enforcement for its, etc. There are two authentication systems at copyright. One is right authentication protected by copyright, Other one is licence authentication received from the owner. This study is meant to seeking the problem of insufficient regulation related to copyright authentication. According to analysis of FGI in this study, the existing system does not support a proper and specific way how to suggest a long term perspective in the transaction of Korean Contents between Korea and China. The key to success of copyright authentication system between Korea and China depends upon the implementation of the system of copyright mutual authentication. To do so, In reality, laws, institutions, technologies, policies, and operations, etc. should be Inter-operability. Also we should realize that this system gives mutual benefits at transaction between the two countries. Thus, it is important for two countries to effort trade cooperation continuously.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.3-31
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• 2014

As all aspects of international activity have kept growing in good transaction, transnational investments, joint ventures, and the licensing of intellectual property, it is inevitable for disputes to increase across national frontiers. International disputes can be settled by arbitration and ADR. In the situation presented in the paper, any dispute shall be finalized by arbitration and conciliation in the Gaeseong Industrial Complex. Inter-Korean Commercial Arbitration in the Gaeseong Industrial Complex has become the principal method of resolving disputes in trade, commerce, and investment in accordance with the "Agreement on South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). But the follow-up measures of the said agreements have not been fulfilled. Some prerequisite measures of the Inter-Korean commercial arbitration must be satisfied. In order to proceed with arbitration and conciliation in the Gaeseong Industrial Complex, we need to ask the following: Does the status of an arbitrational matter? Should an agreement to arbitrate contain a choice of law clause? Should one provide for one arbitrator or three? How should the arbitrators be selected? What is the relation between party-appointed arbitrators and the presiding arbitrator (neutral arbitrator)? Do arbitrators compromise more than the litigation? Can conciliation be combined with arbitration? To execute the enactment of arbitration regulations, the contents of the Arbitration Rules of the Korean Commercial Arbitration Board (South) and the Korea International Trade Arbitration Committee (North), together with the Korean Arbitration Act and External Arbitration Act of North Korea and the UNCITRAL Model Arbitration Law and UNCITRAL l Arbitration Rules are reflected in the Rules. There are many aspects of the Inter-Korean Commercial Arbitration. It is essential to understand key elements; namely, the arbitration agreement, appointment of arbitrator, arbitral proceeding and arbitral award, and enforcement and setting aside of arbitral award. This research deals with five chapters. Chapter 1 provides the introduction. Chapter 2 deals with trade volume between South and North Korea and the kinds of dispute in Gaeseong. Chapter 3 addresses contents and follow-up measures of the agreement on the "South-North Commercial Dispute Settlement Procedures," "Agreement on Organization and Operation of Inter-Korean Commercial Arbitration Committee," and the Annexed Agreement on "Organization and Operation of Inter-Korean Commercial Arbitration Committee" (2013). Chapter 4 features the problems and tasks of the pertinent agreements. Chapter 5 gives the conclusion. Enabling parties to find an amicable solution to the dispute in the Gaeseong Industrial Complex can lead to a useful and appropriate framework either through direct negotiation or by resorting to conciliation or mediation in accordance with pertinent agreements and follow-up measures contained in the agreements.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.95-124
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• 2009

This study aims to introduce greenhouse gas emission trading in Korea as a highly cost-effective mechanism for controlling emissions. The Basic Act on Low-Carbon Green Growth will cover methods of emissions allocation, national inventory, and trading systems (i.e. emissions trading platforms, national registry,and clearing and settlement platforms). The Korean emission scheme will be based on the Korean Climate Change Act proposed by the National Assembly and Government with a cap-and-trade scheme. The national allowances will be allocated by the hybrid system. To establish the national inventory, TRADEMARKS (Telemetering System) and emissions factors are effective for greenhouse gas emissions measurement. It will likewise be effective for the national registry to be implemented via a Korean Integrated Registry, the emissions trading platform via the KRX (Korean Exchange), and the clearing and settlement platform via the KSD (Korean Securities Depository). In other words, the KRX will manage product development and marketing for Korean Carbon Financial Instruments (including commodities, futures, and options contracts) listed and admitted to trading on the KRX. All emissions trades will be standardized and cleared by the KSD.

• The Journal of the Korea Contents Association
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• v.21 no.2
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• pp.78-84
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• 2021

Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

• The Korean Journal of Health Service Management
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• v.11 no.4
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• pp.225-237
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• 2017

Objectives : This study reviews the feasibility of Reciprocal Health Care Agreements (RHCA) between South Korea and Australia. Methods : A literature review was conducted using government reports and media articles. Results : In Australia, the Health Insurance Act enables health care agreements with other nations, but Korea has no similar legislation in place. Therefore, Korea must build a broader consensus on the need for RHCA, based on the precedent of Australia's RHCA with 11 nations, as well as on the Korean Pension Act, which has made reciprocal pension agreements with 28 nations through an exceptive clause. The active government involvement of the Ministry of Health and the Department of Foreign Affairs and Trade in Australia, and the Ministry of Health & Welfare and Ministry of Foreign Affairs in Korea, are essential for a successful RHCA process. Conclusions : RHCA between Australia and Korea would constitute a significant step forward in strengthening people-to-people links between these two trading partners in the spirit of health diplomacy.

• Journal of the Korea Society of Computer and Information
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• v.16 no.8
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• pp.157-164
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• 2011

As a computer technology is combined with communication technology, information and communication technology developed rapidly. As a result, The number of internet users increased quickly. Ability of human in using information was epoch-making, and it was increased through the Internet on behalf of an information-oriented society. As an Internet user hereby spreads explosively, legislations were established and revised to protect Internet users and consumers however, it is certain that the damages of Internet users are still increasing day by day. The purpose of this paper is to protect internet users and to reform the system. Also each portal site should provide fair information, and be responsible for conclusion of a contract. After they subdivide into personal service style, and analyze every situation and problems, they should improve problems.

• International conference on construction engineering and project management
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• 2005.10a
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• pp.353-359
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• 2005

The infrastructure in korea has been improved drastically since July 7th, 1970 which was the first highway completed date in Korea (Seoul-Pusan). This is one of the major factors for the competitiveness of a country. Now the total length of highway in Korea is more than 2000km. However Korea is 11th in the trade volume in the world, the SOC level of Korea is around 20th at most in the world (IMD 2004). The infrastructure in Korea comparing other developed countries is far below, which gives the impact of cost of goods, even twice expensive in transporting goods through highways, railways and ports etc. Now the government budget is gradually spending more for welfare and health care side. The most of additional expense of welfare is increasing rather than SOC budget is decreasing or staying as it is as 2003. The government may think that the level of SOC is enough in point of view of preference input of budget such as welfare and health care etc. However the SOC level in Korea is far form the competitiveness of the country. The main points of this paper is to show that where Korea is in point of SOC level to go for developed country, and what to do to facilitate BOT, BTO and BTL projects. Korean government has tried to improve the practice of PPI (Private Participation of Infrastructure) with the Act on Private Capital Inducement in 1994 and the Act on Private Investment in 1997.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2000.05a
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• pp.50-55
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• 2000

The United States has had the superiority in the global trading market, and focused on the deregulation, decentralization, and often competitiveness. Also, it has adhered to pluralistic and uncoordinated systems for its various standard related activities. But with the WTO TBT entering into force late in 1990s, international standards have become more important in the global telecommunication market. So it has been recognized that the progressive standard activity would lead to keep the superiority of the nation in global telecommunication market. Specially, as the EU has been most active in building an agreed-upon technical standards among Its members, the US has faced with a serious problem that it has lack of agreed-upon infrastructure for standards. Hence, to keep the leadership in international telecommunications market, now it has been focusing on the national approach to standardization activities through the governmental support. For the implementation of above purposes, it amended 2 Acts. One is the Telecommunication Act of 1996. The other is NTTAA(National Technology Transfer and Advancement Art) of 1996, which was enacted according to the 1995 report "Standards, Conformity Assessment, and Trade into the 21 Century" by )TRC(National Research Council). In this paper, we analyse the US legal system in telecommunication standardization field including above arts and their Implementing plans. And we suggest the need for the active system of government in our telecommunication standardization.

• Korea Trade Review
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• v.43 no.3
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• pp.101-124
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• 2018

After the establishment of the Korean Product Liability Act, a new clause on the burden of proof has been added and is being revised to meet the purpose of consumer protection. Article 3(2) of the new clause stipulates a provision for estimating a causal relationship when proving indirect facts to alleviate burden of proof. While consumer rights are increasing and public attention is drawn to consumer issues, problems are still emerging. In order to solve the problem, the U.S. Product Liability Act, which has strong consumer rights, was examined to describe the direction in which Korea's Product Liability Act should proceed in terms of consumer protection. The results of the comparative analysis show that the US has expanded the concept of strict liability in terms of rigorous liability, consumer dispute resolution, provable possibility, and litigation accessibility, The consumer dispute settlement system has thoroughly protected consumers by operating educational and systemic consumer ADR system. As for the possibility of proving, Korea has three provenances, and the United States has one. In the United States, where consumer lawsuits are frequent, lawsuits are more accessible than those in Korea, where the party responsible for proving is turned into a manufacturer and responsible for proving the case. This study focuses on consumer protection and provides implications for Korean product liability law.

• Safety and Health at Work
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• v.10 no.1
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• pp.114-121
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• 2019

Background: The photolithography process in the semiconductor industry uses various chemicals with little information on their constitution. This study aimed to identify the chemical constituents of photoresist (PR) products and their by-products and to compare these constituents with material safety data sheets (MSDSs) and analytical results. Methods: A total of 51 PRs with 48 MSDSs were collected. Analysis consisted of two parts: First, the constituents of the chemical products were identified and analyzed using MSDS data; second, for verification of the by-products of PR, volatile organic compounds were analyzed. The chemical constituents were categorized according to hazards. Results: Forty-five of 48 products contained trade secrets in amounts ranging from 1 to 65%. A total of 238 ingredients with multiple counting (35 ingredients without multiple counting) were identified in the MSDS data, and 48.7% of ingredients were labeled as trade secrets under the Korea Occupational Safety and Health Act. The concordance rate between the MSDS data and the analytical result was 41.7%. The by-product analysis identified 129 chemicals classified according to Chemical Abstracts Service No., with 17 chemicals that are carcinogenic, mutagenic, and reprotoxic substances. Formaldehyde was found to be released from 12 of 21 products that use novolak resin. Conclusion: We confirmed that several PRs contain carcinogens, and some were not specified in the toxicological information in the MSDS. Hazardous chemicals, including benzene and formaldehyde, are released from PRs products as by-products. Therefore, it is necessary to establish a systematic management system for chemical compounds and the working environment.