• Journal of Arbitration Studies
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• v.27 no.1
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• pp.59-84
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• 2017

The effects of an arbitration agreement depend on the legislative policy of the nation where arbitral awards are made and where awards are worked out in the private procedures. According to the main body of Article 35 of the Korean Arbitration Act, arbitral awards have the same effects on the parties as the final and conclusive judgment of the court. This is only possible if the awards are formed by satisfying all the legal requirements, have gone into effect, and have become final and conclusive. It is for the legal stability and the effectiveness of the settlement of disputes that the Act grants arbitral awards. While investigating the effects of an arbitral award, the character of the arbitration in which the party's autonomy applies should be considered, along with the substance of the disputes which parties intend to resolve by an arbitration agreement. The proviso of Article 35, which was added in the 2016 Act, says that the main body of the Article shall not apply if recognition or enforcement of arbitral awards is refused under Article 38. Two stances have been proposed in interpreting the proviso. One of them is that there are grounds for refusing the recognition and enforcement of the awards. The other one is that the ruling of the dismissal of a request for enforcement has been final and conclusive. According to the former, it is really unexplained as to its relations with the action for setting aside arbitral awards to court and the distinction between nullity and revocation, and so on. Therefore, its meaning must be comprehended on the basis of the latter so that the current Act system with revocation litigation could be kept. The procedures of setting aside, recognizing, and enforcing arbitral awards are independent of one another under the Act. It is apprehended that the duplicate regulations may lead to the concurrence or contradiction of a court's judgment and ruling. Thus, we need to take proper measures against the negative sides by interfacing and conciliating these proceedings.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.11 no.2
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• pp.169-178
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• 2001

Numerous regulations have been introduced and a various kinds of institutional intervention have been made by government against the occupational safety and health problems. However, it was serious issue to the workers that what can be claimed by those who meet with apparently harmful and risky working conditions in their social systems. In the view point of employees, their right to be free from unacceptable risk and hazards has not been clearly defined. Therefore, workers have very limited rights to take any actions unless employer or government do their actions. It is believed that this undesirable conditions resulted from Jack of legal definition of workers' right to work in the safe and healthy environment. It has been found increased social pressure to make intervention to the industry to protect workers' health. Also, increased pressure has been kept for deregulation. This conflict lay the current situation in dilemma. The concept of the working environmental right has been developed and discussed in this study to overcome this trade-off confliction. It should be clearly separated between legal aspects and administrative and Policy area to make the regulations effective. Strong enforcement to the industry based on the law should be minimum, however, it should be practically effective in the aspect of workers' right. Administration and policy should be focused on supportive and leading activities to achieve the ultimate goal, safe and healthy working environment. It is concluded that establishment of working environmental right would satisfy workers and industry and it would result in improvement workers' environment and conditions.

• Journal of Korea Society of Industrial Information Systems
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• v.10 no.4
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• pp.120-127
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• 2005

Quality system management adapted by small and medium enterprises in Kangwon province to enhance the competitiveness was studied. Variance analysis on several questionnaire answers was performed. Motives for acquiring the accreditation, such as product export, adjustment to international trend, enhancement of brand/product recognition, CEO's mind change, and management innovation, have been changed significantly among business types. Mind changes after the accreditations were setting company's first priority on quality, enhanced recognition on compliance of in-house standards and regulations, employee's performance with the recognition of quality. Amongst service problems to maintain the accreditations were difficulties in maintaining the recognition of the company's quality management, labor increase to maintain the ISO 9000 enforcement team, and financial burden to keep the accreditation. Quality recognition after the accreditations was significantly improved in setting company's first priority on quality, enhanced recognition on compliance of in-house standards and regulations, employee's performance with the recognition of quality.

• Journal of the Korean Recycled Construction Resources Institute
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• v.5 no.2
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• pp.116-123
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• 2010

The current enforcement regulation of "The Act on the Promotion of Construction Waste Recycling" defines disposal method of combustible construction waste without obvious recyclging method of those. This leads most combustible construction waste to incinerate or landfill as mixed construction waste. Therefore, it needs regulations to decrease incineration or landfill and to increase recyling of combustible construction waste. This study analyzed the problems of disposal and management of domestic combustible construction waste. As well as considerated regulations relative to utilization of waste solid fuel. From these results, it suggested utilization plans of combustible construction waste as fuel.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.99-124
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• 2013

International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• Journal of the East Asian Society of Dietary Life
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• v.21 no.3
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• pp.401-417
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• 2011

The purpose of this study was to investigate consumer concerns about hazardous elements on foods and recognition of the roles of government, food producers, and consumers in securing food safety. The data were collected from the 443 adult consumers living in Seoul, Busan, Daegu, Incheon, Kwangju and Daejeon through a self-administered questionnaire. Frequencies, t tests, analysis of variance and Duncan's multiple range tests were conducted using SPSS Windows. The results of the survey were as follows: (1) the respondents were worried about health risks related to hazardous elements on foods, (2) many respondents were more worried about preservatives of imported foods than those of domestic foods, and (3) most respondents mentioned that observance of enforcement regulations by producers was the most important factor for ensuring food safety in the future. These results imply that regulations regarding the safety of imported foods should be increased.

• Journal of Radiation Protection and Research
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• v.28 no.1
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• pp.65-73
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• 2003

The paper discusses results of recent international intercomparison exercises on internal dose assessments, status of up to date internal dosimetry methods and the radiological legislation developed and implemented in Korea, European Union and Ukraine. The system of radiation protection in Korea is based on the Korean Atomic Energy Regulatory Enforcement on Safety Standards (Ministry Notice No. 2001-2). The notice is based on the recommendations in ICRP Publication 60 (1990) and IAEA Basic Safety Standards (1996). But the full implementation of the notice by the end of the year 2002 is not required because of the socio-economic situation and inexperience in internal radiation dosimetry Regulatory framework for internal radiation dosimetry is under development toward the full implementation of the notice from January 1, 2003. The system of radiation protection in Ukraine is based on the National radiation protection regulatory code NRBU-97. The code was developed and adopted in 1998 and replaced the Regulations of Former Soviet Union. The document is based on the ICRP Publication 60, Euratom Directive 96/29 and IAEA Basic Safety Standards (1996). The transitional period of 5 years (effected till January 2003) is established for implementation of all requirements of this new regulation. The system of radiation protection in the European Community is based on the Council Directive 96/29/Euratom, adopted in 1996 and enforced from 13 May 2000. Directive 96/29/Euratom has the status of the European law.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2016.10a
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• pp.183-184
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• 2016

This study aims to suggest relaxed regulation plans for web-board games by analyzing regulations on gambling games with online and mobile platforms. One of the controversial issues in the South Korean game industry these days is legal regulations related to 'gambling'. Gambling is one of its ambivalent factors, which is necessary for fun of these games but has risks of overindulgence and addiction. This study analysis the web-board enforcement ordinance from Feb. 2014 and current relaxed regulation. Moreover, we find the plan which will be relaxed to regulation under what safety net. We propose the solution of web-board regulation policy which is available for an adult.

• Asia-Pacific Journal of Business
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• v.12 no.1
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• pp.165-182
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• 2021

Purpose - The purpose of this study is to compare and analyze the ordinances of other local governments to propose implications and improvement plans for the ordinances of Chuncheon City. To this end, cases of overseas legislation related to youth labor rights, domestic laws and major policies of the central government were reviewed. Design/methodology/approach - This study mainly utilized literature research methods. In addition, it was based on foreign laws and case analysis, domestic laws and ordinances, and preceding research and data related to government policies. Findings - Chuncheon city ordinances are superior to those of other local governments. However, the details of the establishment of the implementation plan, the actual condition survey, and the establishment of the consultation system are included in the project contents of Article 6, so it is not concrete and clear. And there were no articles related to the labor environment check. Research implications or Originality - It is proposed to make the contents of the establishment of an implementation plan, survey, and consultation system as independent provisions. It is also proposed to establish a new article related to the youth labor environment check. In addition, it is desirable to establish detailed regulations by establishing the ordinance enforcement regulations.