• Journal of the Korean Society of Safety
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• v.28 no.6
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• pp.1-5
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• 2013

Notorious press machine bothers employers by causing so many industrial accidents which are mostly of caught-in or between type. In 2008, press machines caused 1665 cases of such type of accidents, which reached about 11% of all those. Even though various approaches has been adopted to prevent those press machine accidents, up to now, no one was found to be satisfactory. In this study, two kinds of companies, accident-occurred and accident-free by press machine, were surveyed to find out positive and negative factors for accidents prevention. 400 companies which experienced accidents in 2008 and 200 companies which did not experience accident at all during the same period were selected for this survey. Most of these companies are small companies that employ less than 50 employees. Even though small companies are exempted from legal obligations to have a safety management system for accident prevention, we surveyed about safety management systems of those companies because of its crucial importance for accident prevention including whether they appointed safety managers and various supervisors. Awareness and efforts for safety of employers and employees were also measured. Results were analysed by the method of cross tabulation analysis. Main findings of this study are as follows. Most accident-occurred companies did not appoint any safety manager or supervisor. While it is recommended that the workplace of high accident rate have a safety manager. In addition, as less employers' effort for safety was made in accident-occurred companies in order to prevent accidents during press processing, the author proposes an amendment to the relevant law. Finally, the most referred reason for the negligence of hazard is the cumbersomeness in installing safeguards.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.45-80
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• 2006

The purpose of this paper is to make research on the method of arbitration agreement, the adoption and contents of the Convention on the Use of Electronic Communications in International Contracts, and the standpoint and problem with reference to the new Convention's application to the method of arbitration agreement in New York Convention. Last year the UN General Assembly and UNCITRAL adopted a new Convention on the Use of Electronic Communications in International Contracts that makes agreements by electronic communications enforceable, including arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral A wards (New York Convention). Aimed at enhancing legal certainty and commercial predictability where electronic communications are used in relation to international contracts, the provisions of the Convention deal with, among other things, determining a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; and the use of automated message systems for contract formation. Under the New York Convention, arbitration agreements in international contracts must be reduced to writing before they can be enforced. But under the new Convention, an arbitration agreement made entirely in electronic form would be enforceable. The working group expressed overall support in favor of the inclusion of a reference to the New York Convention in the new Convention. However, one proposal was that the exclusions provided under article 2 of the new Convention might be too broadly worded to adequately accommodate the New York Convention. In conclusion, Korea's government authorities should take prompt measures to sign and ratify the new Convention, and declare on the scope of its application. Also Korea's arbitration institute should make preparation for the amendment of the arbitration act and arbitration rules in accordance with the new Convention.

• Health Policy and Management
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• v.25 no.4
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• pp.307-322
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• 2015

In most democratic countries, influential professional interest groups often become a part of the iron triangle in the policy making process. One of the typical methods by which professional interest groups participate in policy making process may be by having interest group members in the national assembly, who are sympathetic to the group, implementing policies through legislation. In this study we found that from the Constitutional National Assembly through the 18th National Assembly, 147 members of the National Assembly of the Republic of Korea have been ex health care professionals. The research analyzed the roles of these members in health care law amendments as requested by the professional organizations. This study analyzed 11 major cases that involved nullification or amendment of legislations in favor of the healthcare profession, against the basic policies of the government. The study showed that in the 11 major cases, policies were amended in the direction intended by the National Assembly members and other organizations with similar interests, which was against the policy stance of the government. However, these cases did not unilaterally imply that the National Assembly has been captured by the interest groups through the legislators with health care professional background; rather, they should be perceived to be influenced by the exhibited loss of governability by the government in respect to healthcare policy decisions, loss of initiative due to lack of controllability, and reversals and inconsistencies of the policies.

• The Journal of Society for e-Business Studies
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• v.16 no.3
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• pp.263-274
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• 2011

The KEC XML Electronic Tax Invoice v3.0 which is a typical example of XML document was developed in 2009 according to the amendment of the Value Added Tax Law in 2008 that obliged all the corporation business to issue tax invoices electronically and submit them to the National Tax Service. The issue and submission of those tax invoices has been implemented since Jan. 2011 through a pilot test in 2010. It has some differences in aspect of standard, developing subject, technologies, and operation with the previous version of it. Above all, it is the first case of the XML document being developed based on international standard and methodologies and distributed nationally. This study aims to guide the future development of same kinds of standard XML document by arranging the development and distribution processes of XML Tax Invoice comprehensively.

• The Journal of the Korea Contents Association
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• v.14 no.2
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• pp.247-256
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• 2014

"Artist Welfare Act" from the November 18, 2012 is being implemented. However, in the field of traditional culture and art the artists are the subject of a variety of policies by the newly launched Korean Artist Welfare Foundation Artists, but most of video production professionals are not aware of law enforcement and their legal status is ambiguous. This research raised the issue of poor video production workers welfare, and to seek the ways took a look at the key information of "Artist Welfare Act" and social issues. To this end, by in-depth interviews with video workers I analyzed the relationship between the parties, such as comments about the issues. Accordingly, a wide range of video production to reflect the welfare of workers in the "Artist Welfare Act" of the amendment shall be made. Above all, this should be reflected in measures to raise funds for artist welfare.

• Journal of dental hygiene science
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• v.20 no.2
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• pp.97-106
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• 2020

Background: In Korea, laws for many medical technicians were revised in the Enforcement Decree of the Medical Technicians Act (MTA), which was announced on December 2018, whereas those related to dental hygienists remained unchanged. This study aimed to determine the awareness and opinions of dental hygienists regarding MTA. Methods: Dental hygienist were recruited as participants via convenient sampling in Seoul, Gyeonggi-do, and Chungcheong-do; data from 291 self-reported questionnaire responses were used for the final analysis. We investigated the participants' general characteristics, awareness, and request for the amendment of the MTA. The compliance with the work scope specified in the MTA and level of demand for revision of the MTA were analyzed by independent t-test and one-way analysis of variance. For all statistical analyses, the significance level was set at 0.05. Results: For the 2018 MTA revision, 99 (34.02%) knew that dental treatment assistance and surgery assistance were excluded, whereas 192 (65.98%) did not know. The item "The current medical technician law must be revised" was scored 4.13±0.80 out of 5 points, and significant differences were identified according to the education level, career, and position (p<0.05). The item "It is necessary to institutionalize the expanded work scope beyond the work scope of dental hygienists specified in the MTA" was scored 4.02±1.04 out of 5 points, and significant differences were identified according to age (p<0.05). Conclusion: The participants wanted the MTA to be revised to reflect the real-world work performed by dental hygienists in the dental clinical field. The legal system must ensure the legal protection of the work area of the dental hygienist as an oral health professional, and recognize the legal work scope of the dental hygienist.

• Journal of Arbitration Studies
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• v.21 no.1
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• pp.57-72
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• 2011

According to Japanese Patent Act, the Japanese Patent Office, administrative organization, was authorized to decide validation of patent. However, Supreme Court of Japan held that a court is able to decide the invalidation of patent in 11th April, 2000, which caused the reform of Japanese Patent Act in June 2004. Reformed Patent Act established the article 104-3 and makes it for a court to decide the patentability where there are grounds for a patent invalidation. Through this amendment to the Patent Act, the legislative system to decide the patent validation has been reorganized and furthermore alleged infringer is allowed to argue against the patent validation by making use of infringement litigation procedure through defenses against patent invalidation as well as invalidation trial procedure for to file a request for a trial for patent invalidation to the Japanese Patent Office. That is to say, the article 104-3 was established in the Japanese Patent Act in the wake of Kilby, and thus a court, which is judicial authority, not administrative disposition agency is also able to decide the patent validation. Thus this article discuss how a court, the authority of which only patent infringement cases fell under, has been authorized to arbitrate cases about the patent validation and the decision of the patent validation in a court.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.24 no.2
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• pp.78-82
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• 2013

Child labor is being recognized as the key issue of human rights, and the International Labor Organization and the Convention on the Rights of the Child emphasize that children are individuals with dignity and rights. Male and female child actors belong to a profession with wide public exposure and there is a potential danger of invading classes and roles not matching the developmental stage of the child. In this study, we would like to discuss international and domestic laws and future complementary measures surrounding legal and institutional issues that need to be considered for child actors. Although the basic rights for child workers are stated in the Constitution Article 32 Paragraph 5 and Labor Standards Act Articles 64 through 70, they are insufficient. Following the revised broadcasting deliberation regulations by the Korea Communication Commission and amendment of the Juvenile Protection Law, several changes are taking place in the working environment. In certain foreign places such as California, United States, the economic and educational rights of male and female child actors are being protected. Although legal and institutional frameworks for the male and female child actors are being reinforced, more consistent devices are needed. Consideration for working hours, regulations to keep up with learning while working, and preparation for physical and emotional influences are required to keep up with international changes.

• Korean Journal of Agricultural Science
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• v.38 no.3
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• pp.421-428
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• 2011

Of the countries where Korea has advanced for overseas afforestation investments, Indonesia might be the most important country. As the end of 2010, nine Korean companies have been implementing afforestation projects in Indonesia, covering a total area of one hundred and fifty thousand hectares roughly. Following the Memorandum Of Understanding (MOU) on afforestation investment covering five hundred thousand hectares (A/R CDM / industrial afforestation) signed between Korea and Indonesia, the two countries concluded in 2009 an additional MOU covering two hundred thousand hectares for biomass afforestation, thus securing a total afforestation area of seven hundred thousand hectares. Further it was guaranteed that afforestation license would have validity for maximum 95 years, which laid the foundation for long-term stable investments for afforestation projects. Forest law of Indonesia consists of Presidential decree and Governmental decree as superior regulations and Minister's decree as subordinate regulations, being made up of total 17 chapters. Forestry Minister's decree was amended at end of last year, as regards license for exploitation of timber and forestry products in afforestation area. In the past, such license to develop and use timber and forestry products had been granted under Forestry Minister's decree No. P 11 / Menhut-II / 2008. After the amendment in 2010, however, the ground was shifted to Forestry Minister's decree No. P 50 / Menhut-II / 2010, trimming the procedure to obtain afforestation license into a little simplified one.

• Journal of the Korean Society for information Management
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• v.18 no.4
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• pp.127-142
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• 2001

It has been criticized that the right of reproduction and right of communication to the public in the Copyrigt Act of Korea, which was amended in the year of 2000 in line with new environments around digital networks, limited the limitation to author’s property right in private use and library exemption too much. Solving the problem above, this study analyzes comparatively WCT, Amended Proposal for a Directive on Copyright and Related Rights in the Information Society, Copyright Law of the United States of America, Copyright Amendment(Digital Agenda), and Copyright Act of Korea. Based on the results from related case analyses and a survey on how stakeholders view copyright issue, in addition, this study presents a reasonable way of limiting rights of reproduction and rights of communication to the public.