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A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

A Basic Study on the Establishment of Evaluation Items for the Resiliency of Planting Landscape in Hahoe and Yangdong of World Cultural Heritage (세계문화유산 하회와 양동의 식생경관 진정성 유지를 위한 평가항목 설정 기초 연구)

  • Lee, Chang-Hun;Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.2
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    • pp.21-29
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    • 2018
  • This study was wanted to select a value evaluation item to maintain the authenticity of the Planting Landscape in Hahoe and Yangdong villages. Above all, after checking the suitability of the 43 selected items by the Focus Group Interview, the weight was calculated in the Analytic Hierarchy Process expert questionnaire to establish the importance of the indicators for the development of the assessment items. The expert analysis analyzed the importance of 2 sections, 6 divisions and 11 detailed categories, and summarized the results of the study as follows : First, the comparative importance of each category and selection of the assessment items for the stabilization of the Planting Landscape of Hahoe and Yangdong indicated that cultural values are more important than biological values. In particular, details of the biological values of trees were derived with relatively low estimates, except for the specific characteristics of species and items of type of tree. Second, as a result of verification of the suitability of the 43 items selected by the Focus Group Interview, the source diameter, the collection width, reception, flushing, supersonality, records, memorials, 11 items were selected, Third, the results of the importance evaluation of the value properties for maintaining the resistance of vegetation through the Analytic Hierarchy Process were : specific in biological values (0.187), steady (0.094), and water pipe width (2007). There was relatively little difference in the highest weights, the width of the pipe except for the lowest value received, and the source diameter flushing. Fourth, the results of an evaluation of the importance of a value property aimed at historical values were whether or not the cultural asset was designated (0.134), the record value (0.092), the time (0.088), and the monument (0.063). In terms of the importance of evaluating the historical values of Planting sites consisting of Hahoe and Yangdong, the importance of designation of cultural properties was considered to be relative to the maintenance of the Planting Landscape including culture and history. Based on the assessment items and weighted values of the Planting Landscape of Yangdong Village and the World Cultural Heritage below and below, this study's Analytic Hierarchy Process can be applied to actual criteria for the assessment of the authenticity of trees in the village. Based on the assessment items and weighted values of the Planting Landscape in Hahoe and Yangdong villages, a follow-up study on the assessment standards for the authenticity of trees in the village will be left as a future task.

Chardin's Genre Paintings of Child Education: The Enlightenment Views on Children of the French Bourgeois Class in the 18th Century (샤르댕의 아동 교육 장르화 - 18세기 프랑스 부르주아의 계몽주의적 아동관)

  • Ko, Yu-Kyoung
    • The Journal of Art Theory & Practice
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    • no.8
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    • pp.33-58
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    • 2009
  • This paper examines four genre paintings on the subject of child education by Jean-Baptiste-Sim${\'{e}}$on Chardin(1699-1779). The Governess, The Diligent Mother, Saying Grace, and The Morning Toilette garnered critical attention after they were exhibited in the Salon from 1739 to 1741. After the exhibition, the paintings were made into prints and frequently sold to members of the bourgeois class in Paris. The iconographical details of Chardin's genre paintings have, thus far, been compared to Dutch genre pictures of the seventeenth century. Further, most studies conducted on Chardin's paintings focus on formal analysis rather than the historical and social contexts. Through attempting social-contextual readings of Chardin's educational series, this paper argues that the significance of Chardin's painting series of child education lies in his representation of the ideal French bourgeois family and the standard of early childhood education in the eighteenth-century French Enlightenment period. In each of the four child education paintings, Chardin depicted a mother with children in a domestic space. Even though this theme derives from traditional Dutch genre paintings in the seventeenth century, the visual motifs, the pictorial atmosphere and the painting techniques of Chardin all project the social culture of eighteenth century France. Each painting in the child education series exemplifies respectively the attire of a French gentlemen, the social view on womanhood and the education of girls, newly established table manners, and the dressing up culture in a 'toilette' in eighteenth century France. Distinct from other educational scenes in previous genre paintings, Chardin accentuated the naive and innocent characteristics of a child and exemplified the mother's warmth toward that child in her tender facial expressions and gesturing. These kinds of expressions illustrate the newly structured standard of education in the French Enlightenment period. Whereas medieval people viewed children as immature and useless, people in the eighteenth century began to recognize children for their more positive features. They compared children to a blank piece of paper (tabula rasa), which signified children's innocence, and suggested that children possess neither good nor bad virtues. This positive perspective on children slowly transformed the pedagogical methods. Teaching manuals instructed governesses and mothers to respect each child's personality rather than be strict and harsh to them. Children were also allotted more playtimes, which explains the display of various toys in the backgrounds of Chardin's series of four paintings. Concurrently, the interior, where this exemplary education was executed, alludes to the virtue of the bourgeois's moderate and thrifty daily life in eighteenth century France. While other contemporary painters preferred to depict the extravagant living space of a French bourgeoisie, Chardin portrayed a rather modest and cozy home interior. In contrast to the highly decorated living space of aristocrats, he presented the realistic, humble domestic space of a bourgeois, filled with modern household objects. In addition, the mother is exceptionally clad in working clothes instead of fashionable dresses of the moment. Fit to take care of household affairs and children, the mother represents the ideal virtues of a bourgeois family. It can be concluded that the four genre paintings of child education by Chardin articulate the new standards of juvenile education in eighteenth century France as well as the highly recognized social virtues between French bourgeois families. Thus, Chardin's series of child education would have functioned as a demonstration of the ideal living standards of the bourgeois class and their emphasis on early childhood education in the French Enlightenment period.

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A Study on the Dao of Buddhism in Daesoon Thought (대순사상의 불도관 연구)

  • Kim, Gui-man;Lee, Gyung-won
    • Journal of the Daesoon Academy of Sciences
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    • v.29
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    • pp.101-140
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    • 2017
  • Currently, the whole world is being swept away by spiritual movements. Since the Three Kingdoms periods, Korea has been under the influence of "The Three Teachings". But during the modern times, the word "The Three Daos" began to be widely used alongside the expression "The Three Teachings" within various circles of New Korean Religions. Regarding this, Daesoon Thought is particularly noteworthy due to its description of the religious realm spoken of as "Confucianism, Buddhism, and Taoism" and the figurehead of that realm, the "Gwan-wang (Crowned King)". This study suggests that there should be a distinction noting the differences between "The Three Teachings" and "The Three Daos" in order to understand the status of the "Gwan-wang" in Daesoon Thought and to facilitate the study Buddhism as both a religion and a religious principle within the context of "The Gwan-wang of the Three Daos". Chapter II, details the conceptions of "Dao" and "Teaching" in the Eastern tradition and "Religion" in the Western tradition. This chapter includes a discussion of how the word "The Three Daos" could be approached as a "Theory of the Three Daos" that explains the religions of the East and the West through comprehensive principles. Chapter III goes through descriptions in the Jeon-gyeong of Buddhistic faiths, doctrines, monks, and temples to discover the meaning of the Dao of Buddhism and Buddhist culture as contained in the Jeon-gyeong. In chapter IV, the Buddhistic characteristics of Daesoon Thought is clarified in three ways: the Dao of Buddhism as the "substance of form", oneness as "growth and nurturing", and "Jinmuk" as the leader of the Dao of Buddhism. From this discussion, it is shown that research on the Dao of Buddhism in Daesoon Thought is a crucial avenue for understanding the identity of Daesoon Thought. In other words, the status of Daesoon Thought is not irrelevant to the Dao of Buddhism or to Buddhism proper, but Daesoon Thought should instead be understood as pursuing the state of Gwan-wang (Crowned King), which has the Dao of Buddhism as an axis characterized as "the substance of form" or as "growth and nurturing". Also, it provides a comprehensive view by which the various aspects of Buddhism as a modern day religious phenomenon of can be understood under the principle of the Dao of Buddhism.

A Study on Practices and Improvement Factors of Financial Disclosures in early stages of IFRS Adoption - An Integrative Approach of Korean Cases: Embracing Views of Reporting Entities and Users of Financial Statements (IFRS 공시 실태 개선방안에 대한 소고 - 보고기업, 정보이용자 요인을 고려한 통합적 접근 -)

  • Kim, Hee-Suk
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.7 no.2
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    • pp.113-127
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    • 2012
  • From the end of 1st quarter of 2012, Korean mandatory firms had started releasing financial reports conforming to the K-IFRS(Korean adopted International Financial Reporting Standards). Major characteristics of IFRS, such as 'principles based' features, consolidated reporting, 'fair value' measurement, increased pressure for non-financial disclosures have resulted in brief and various disclosure practices regarding the main body of each statements and vast amount of note description requirements. Meanwhile, a host of previous studies on IFRS disclosures have incorporated regulatory and/or 'compete information' perspectives, mainly focusing on suggesting further enforcement of strengthened requirements and providing guidelines for specific treatments. Thus, as an extension of prior findings and suggestions this study had explored to conduct an integrative approach embracing views of the reporting entities and the users of financial information. In spite of all the state-driven efforts for faithful representation and comparability of corporate financial reports, an overhaul of disclosure practices of fiscal year 2010 and 2011 had revealed numerous cases of insufficiency and discordance in terms of mandatory norms and market expectations. As to the causes of such shortcomings, this study identified several factors from the corporate side and the users of the information; some inherent aspects of IFRS, industry/corporate-specific context, expenditures related to internalizing IFRS system, reduced time frame for presentation. lack of clarity and details to meet the quality of information - understandability, comparability etc. - commonly requested by the user group. In order to improve current disclosure practices, dual approach had been suggested; Firstly, to encourage and facilitate implementation, (1) further segmentation and differentiation of mandates among companies, (2) redefining the scope and depth of note descriptions, (3) diversification and coordination of reporting periods, (4) providing support for equipping disclosure systems and granting incentives for best practices had been discussed. Secondly, as for the hard measures, (5) regularizing active involvement of corporate and user group delegations in the establishment and amendment process of K-IFRS (6) enforcing detailed and standardized disclosure on reporting entities had been recommended.

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A Study of Quality Improvement Methods of Archival Contents Service - With as the Central Figure of Cases among Korea and England and Japan - (기록정보콘텐츠의 품질향상 방안 연구 - 한국·영국·일본의 사례비교를 중심으로 -)

  • Yang, In-Ho
    • The Korean Journal of Archival Studies
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    • no.23
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    • pp.87-139
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    • 2010
  • Unlike in the past, a new paradigm has been presented which the use of records is much more important than the preservation of those in the present. It will be necessary for users to signalizes the value of records and to make themselves easily accessible to records in order that records should be more effectively used. To meet the needs of the times, it is the very 'Contents' that starts to attract public attention. National Archives in England produces and provides contents utilizing multi-media by using digital technology on various sorts of archives which England has. In addition to England, Asian Historical Records center in Japan in Japan makes Archival Contents Service reflecting users' needs and continues to update the latest contents. What is more, National Archives of Korea has recently promoted the introduction of digital archive by the change of archival paradigm in records management, and it is giving an impetus to the development of contents in the digital archive. In fact, it is crucial to keep as many contents as possible and to give service to public, but it will not be possible to get positive response from public and to offer much higher level of archival information service until the quality of contents is highly improved. Accordingly, this manuscript analyzed the feature and type of contents which National Archives of Korea provides with cases of both TNA in England and Asian Historical Records center in Japan, each of which has different characteristics. Also, it dealt with several methods of the usage of contents in those organizations. Furthermore, this study explained what kind of contents and feedback are given to users. Moreover, it divided the components of contents of three institutions as mentioned into three by information provided and evaluated the quality of contents by establishing the details of contents. In addition, there were implications for archives with regard to reference for building contents.

Comparison of defect size measured by transthoracic and transesophageal echocardiography with balloon occlusive diameter measured during transcatheter closure of atrial septal defect (경피적 심방중격결손 폐쇄술 시 경흉부 및 경식도 초음파 검사 상의 결손의 크기와 풍선 폐쇄 직경과의 관계)

  • Hur, Kyong;Kim, Jeong Eun;Kim, Yuria;Kwon, Hae Sik;Yoo, Byung Won;Choi, Jae Young;Sul, Jun Hee
    • Clinical and Experimental Pediatrics
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    • v.50 no.10
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    • pp.970-975
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    • 2007
  • Purpose : Accurate measurement of defect size is important in transcatheter closure of atrial septal defect (ASD). We performed this study to analyze the difference between the measured ASD size and balloon occlusive diameter (BOD) by transthoracic (TTE) or transesophageal echocardiography (TEE). Methods : We investigated 78 patients who underwent transcatheter closure of ASD. The defect size and the distance between the surrounding structures were measured by TTE and TEE. The BOD was measured by TEE during cardiac catheterization. Clinical characteristics and echocardiographic data were compared and analyzed. Results : The difference between BOD and diameter by TTE was $4.8{\pm}3.6mm$ on short axis view, $5.4{\pm}3.2mm$ on long axis view. The difference between BOD and diameter by TEE was $3.6{\pm}2.2mm$ on short axis view, $4.2{\pm}3.1mm$ on long axis view. The difference between BOD and the diameter of defects on TTE, TEE had statistically significant positive correlations with the age of the patients, distance between the, defect and posterior atrial septal wall, the distance between the defect and the mitral valve leaflet, and the diameter of defects and the length of the atrial septum on TTE (P<0.05). Conclusion : BOD of ASD can be estimated by the diameter on TTE and TEE. BOD is expected to measure larger, depending on the size of defects, the distance from surrounding structures and the location of defects on echocardiography. Our data offers important information on details of transcatheter ASD closure which can be helpful in predicting suitability and judging the procedural appropriateness during the procedure.

A Comparative Study on Confirmation Hearings for Secretary of Education in South Korea and the United State - Focus Cases on Administrations of Myungbak Lee and Barack Obama - (한국과 미국 교육부 장관 인사청문회 비교 - 이명박 정부와 오바마 정부의 사례를 중심으로 -)

  • Yoo, Dong-Hoon;Jin, Sun-Mi
    • Korean Journal of Comparative Education
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    • v.26 no.3
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    • pp.103-132
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    • 2016
  • This study aims to suggest ways of improving the quality of confirmation hearings for the Secretary of Education in South Korea by: 1) comparing the confirmation process by the presidents in South Korea and the United States; and 2) contrasting procedures and contents of hearings for Education Secretary nominee in South Korea and the United States. As the process of selecting a nominee to be the Secretary of Education started, the Blue House Office of Secretary conducted an investigation on the nominee's personal details, family matters, and etc within a week. The investigation, with very limited time frame, led the selection process to be a mere verification on the nominee's morality. On the other hand, the White House Office of Presidential Personnel carried out a thorough investigation on the nominee collectively with the White House Council, Federal Bureau of Investigation (FBI), and Internal Revenue Service, taking from two to three months. In terms of contents of the hearings, the members of the ruling party mainly asked the nominee for clarification, and his ideas on certain policies, whereas the opposition party focused mostly on verifying his morality. In addition, the committee members led the hearing whilst strongly expressing their own political ideologies. However, in the case of the hearings in the United States, the committee members did not ask any questions to verify the nominee's morality but questions that could help them to get an understanding of the nominee's experience, professionalism, and perspective on nation- wide issues regarding education and federal education policy. As for the procedural characteristics of South Korean hearings, the Committee on Education conducted the hearing with a week of advanced preparation. However, submission of required reports by the nominee, performing confirmation hearings, and reports on the hearing were not mandatory in order to appoint the nominee as the Secretary of Education. On the contrary, in the United States, the members of the Committee on Health, Education, Labor, and Pension spent about a month preparing for the confirmation hearing. For the nominee to be appointed, submission of reports and the committee's approval on the President's nomination were required. Based on the results, this research suggests that it is important to develop a policy that can strengthen the substantiality of the nomination process, to establish a professional agency for personnel investigation, to make a mandatory submission of personal reports before hearings, to extend the time frame for hearing preparation, to secure enough time slot for nominees to respond, and to increase the member's autonomy.

An Examination on Dongbeomwas if Convex Roofing Tiles (수막새의 동범와(同范瓦)에 대한 검토 - 월성해자 출토 단판연화문 수막새를 중심으로 -)

  • Lee, Seonhui
    • Korean Journal of Heritage: History & Science
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    • v.39
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    • pp.59-93
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    • 2006
  • Wolseong in Gyeongju is a historic fortress site of Silla constructed under the reign of Pasanisageum that played politically and militarily important roles. The moat surrounding Wolseong had a function of protecting the fortress in wartimes but became a part of gardening in the unified Silla era. Lots of relics have been excavated from Wolseong moat since 1985. Among them a great number and kinds of convex roofing tiles are regarded as invaluable sources to show different aspects of Silla, from its earlier time through to the unified and on. Roofing tiles were widely used for national buildings such as royal palaces, temples and fortresses and even for other popular architecture and have been dug out a lot more than any other relics. Research on them, however, has been done poorly. Vigorous study is in progress with increasing number of roofing tiles coming from many recent excavations, though it has been limited to the studies on general genealogy of patterns and manufacture processes. Thus this essay seeks to find which are dongbeomwas, roofing tiles of a same mold, out of convex tiles with the pattern of a unilobed lotus flower dug out of Wolseong moat. It also attempts to identify dongbeomwas by examining detail characteristics of roofing tiles which have been confusingly termed as yusawa, similar roofing tiles, or donghyeongwa, roofing tiles of the same shape. The significance of identifying dongbeomwas could be emphasized by various facts resulting from researches on dongbeomwas; the ways to identify them correctly, their time sequence and their excavated sites. In conclusion, dongbeomwas were identified out of many kinds of convex tiles. If they were excavated from the same site, they share some common features. The sites where they were dug out also tell what changes were made with passage of time and what relations they had with neighboring Anapji. Since roofing tile molds haven't been found yet, the only way to identify dongbeomwas is to examine details of roofing tiles. Dongbeomwas excavated in Wolseong moat help to discuss the time of each district of it. Meanwhile it should be noted that the term 'dongbeomwa' be used only after exact examining.

A Case Study of National Food Safety Control System Assessment in the U.S. (미국의 국가식품안전관리체계 평가 사례연구)

  • Lee, Heejung
    • Journal of Food Hygiene and Safety
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    • v.32 no.3
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    • pp.179-186
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    • 2017
  • For more efficient and proactive safety control of imported food, new trend in U.S. is emerging, which assesses the food safety control systems of exporting countries using Systems Recognition Assessment Tool and helps ensure safety of imported foods. This study examines trends in development and application of assessmemnt tool and country assessment reports in U.S. where an active discussion on this issue is in progress. The expert interviews were also conducted. U.S. Systems Recognition Assessment Tool was developed by FDA to recognize the potential value in leveraging the expertise of foreign food safety systems and help ensure safety of imported food. The tool is comprised of ten standards and provides an objective framework for determining the robustness of trading partners' overall food safety systems. Using its own tool, the U.S. FDA conducted a preliminary assessment of the food safety control systems of New Zealand and Canada. According to the U.S.-New Zealand and the U.S.-Canada assessment reports, the overall structure of the systems was similar between the countries. In summarizing the opinions of experts, such a trend in National Food Safety Control System Assessment may be utilized in the sanitary assessment and the control of imported food border inspection frequency before importing food. It would contribute to more effective distribution of national budget and increased public trust. Additionally, international collaboration as well as securing of qualified experts and sufficient budget appear to be crucial to further increase the utility of National Food Safety Control Systems Assessment. In conclusion, firstly, it is critically important for the competent authority of South Korea to proactively respond to international trend in National Food Safety Control System Assessment by identifying the details of its background, assessment purpose, core assessment elements, and assessment procedures. Secondly, it is necessary to identify and complement the weaknesses of Korea's food safety control system by reviewing it with U.S. Systems Recognition Assessment Tool. Thirdly, by adapting the assessment results from imported countries' food safety control systems to the imported food inspection intensity, the resources previously used in inspecting the imported food from accredited countries can be redistributed to inspecting the imported food from unaccredited countries, and it would contribute to more efficient imported food safety control. Fourthly, the competent authority of South Korea should also consider developing its own assessment tool designed to reflect the unique characteristics of its food safety control system and international guidelines.