• Journal of the Korean Society of Marine Environment & Safety
• /
• v.26 no.4
• /
• pp.353-365
• /
• 2020

The quantitative increase in maritime transport for domestic and foreign trade is one of the main reasons for the increase in marine pollution accidents. Despite the implementation of relevant laws in each country to prevent and mitigate marine pollution accidents caused by ships, human negligence (carelessness, intention, etc.) by ship workers has been reported as the biggest cause of marine pollution accidents. One of the most effective ways to reduce marine pollution accidents caused by ships is to reduce human negligence through systematic education and training of ship workers. Therefore, this study aimed to review the appropriateness of the statutory education and training curriculum for ship marine pollution prevention managers in accordance with domestic laws and regulations such as the 「Marine Environment Management Act」 and suggest improvement measures. To this end, we compared and analyzed the legal training·general education courses related to the prevention of marine pollution and marine disasters in Japan, where the laws and systems are similar to Korea, and investigated the cases of legal training for experts in land pollution prevention in Korea.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.1
• /
• pp.93-125
• /
• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• Journal of Animal Environmental Science
• /
• v.19 no.2
• /
• pp.183-190
• /
• 2013

Establishment of a new concept of environmental friendly livestock manure management is required based on the facts. But now liquid fertilizer quality in korea shows a large difference among regions and the regulations are uncertain. Focusing on precedent study on main level-grading factors of liquid fertilizer quality certification, the study collected laws and standards related to liquid fertilizer of livestock manure at home and abroad and produced evaluation standards. Liquid fertilizer was divided into four factors (fertilizing value, harmfulness, stability and uniformity). According to each item, scores were awarded based on 16 details: fertilizing value (Nitrogen concentration, the whole concentration of Nitrogen, Phosphoric acid and Kalium), harmfulness (heavy metals, pathogenic microorganism and antibiotics), stability (maturity degree and odour), uniformity (EC, BOD, SS, moisture content and salt). The grade of liquid fertilizer, A (42~48), B (34~41), C (26~33) were rated using total scores.

• The Journal of Economics, Marketing and Management
• /
• v.10 no.1
• /
• pp.15-26
• /
• 2022

Purpose: The purpose of this study is to analyze the method of calculating the usage fee, rent, and lease rights of public goods necessary for the operation and management of the underground shopping mall, and to suggest systematic improvement points for the operation of the underground shopping mall. Data and Methodology: First, ordinances and regulations related to common property were investigated. Second, previous studies were analyzed. A survey was conducted with five questions that conflict with the interests of underground shopping mall merchants among the ordinances and operating systems related to the current underground shopping malls' common property. Results: Underpass merchants wanted monthly payment for the use of common property, and merchant organizations wanted to limit the increase rate with the right to use. They asked for the property value due to donation to be excluded from the loan fee, they wanted to revise the Common Property Act on the transfer of lease rights, and they wanted to revise the loan contract renewal period. Conclusion: There is a need to improve the laws and systems for underground shopping malls, and it will have to be negotiated according to the opinions of the merchants gathered among them, and it will have to be implemented in stages in the long term.

• Journal of Korean Society of Water and Wastewater
• /
• v.26 no.2
• /
• pp.191-199
• /
• 2012

Rainwater harvesting systems (RWHS), one of measures for on site rainwater management, have been promoted by laws, regulations and guidelines and have been increased. However, more evaluation of economic feasibility on RWHS is still needed due to seasonal imbalance of rainfall and little experiences and analysis on design and operation of RWHS. In this study, we investigated tank capacity of RWHS to secure economic validity considering catchment area and water demand, which is affected by building scale. Moreover, sensitivity analysis was performed to examine the effect of design factors, cost items and increase rate of water service charge on economic feasibility. The BCR (benefit cost ratio) is proportional to the increase in tank capacity. It is increased steeply in small tank capacity due to the effect of cost and, since then, gently in middle and large tank capacity. In case of 0.05 in the rate of tank volume to catchment area and 0.005 in water demand to catchment area, BCR was over one from the tank capacity of 160 $m^{3}$ taking into account of private benefits and from the tank capacity of 100 $m^{3}$ taking into account of private and public benefits. Sensitivity analysis shows that increase of water demand can improve BCR values with little cost so that it is needed to extend application of rainwater use and select a proper range of design factor. Decrease of construction and maintenance cost reduced the tank volume to secure economic validity. Finally, increase rate of water service charge had considerable impact on economic feasibility.

• Journal of Arbitration Studies
• /
• v.26 no.1
• /
• pp.73-87
• /
• 2016

Activation Plan for International Health Care through the Resolution of Medical Disputes with Foreign Patients. The field of international health care is currently being expanded and developed into the new industrial field of medical tourism through the convergence of medicine - a public sector - and tourism - a private sector. This study examines problems with medical law regarding the prevention of medical disputes that may occur when attracting foreign patients and the resolution of these disputes. It also introduces the current most ideal resolution plan for medical disputes. Advanced measures for the prevention of medical disputes with foreign patients are as follows: First, when conducting international health care, the obligation to explain a medical treatment should be applied at higher standards for foreign patients. Second, all medical treatment procedures, including appointments, treatments, discharge, post-operation consultations, and follow-up treatments of foreign patients should be charted and recorded. A checklist regarding precautions for each procedure along with a response manual for problems should also be established. These regulations can prevent unexpected conflicts in advance when medical disputes occur. If a medical dispute with a foreign patient occurs despite thorough advance prevention, it can be resolved through reconciliation, mediation, and arbitration. The government and the medical field along with its related industries and authorities should put their efforts into developing these priori/posteriori measures for the activation of international medical health care. The laws and technological/human capabilities in medicine should also be improved in order to activate international medical health care.

• Journal of Arbitration Studies
• /
• v.26 no.4
• /
• pp.151-179
• /
• 2016

Emerging as a strategic domain of the service industry, the drone logistics industry is evolving into a zero effort industry, which realizes smart device service ranging from corporate services to daily customer services. The role of the drone industry is becoming increasingly important in strengthening national competitiveness, as well as corporate competitiveness, beyond the strengthening of product competitiveness. Although drones have various strengths and weaknesses for industries, there are plenty of possibilities for diverse disputes and conflicts due to lack of related laws, regulations, and institutional norms, as well as unsolved problems related to technologies and operations; that is, there are still policy tasks and problems to be solved such as unauthorized seizure of drones, hacking, protection of personal privacy, safety concerns, regulation and limitation of flying areas, damage relief, and dispute settlements. Thus, in order to vitalize the drone industry as a future growth engine while responding to the changes in the environment of the drone industry in Korea and overseas and to strengthen national and corporate competitiveness by harmonizing with advanced management innovations, it is necessary to conduct in-depth discussions and review policy issues related to the vitalization of the drone industry. Therefore, the purpose of this study is to review the domestic and overseas realities and statuses of the drone logistics industry and application cases, analyze policies regarding the drone logistics industry of each country, review general theories on the solution of disputes arising out of the transactions in the drone logistics industry, and, as a conclusion, suggest desirable policy issues for the vitalization of the drone logistics industry in Korea.

• Journal of Arbitration Studies
• /
• v.26 no.2
• /
• pp.67-89
• /
• 2016

An ADR arbitration system has a necessary value in the sports industry for settlement of disputes. Sports disputes should be resolved independently by enacting internal regulations within the basic principles of national law rather than treated as a civil action. If the dispute is not fair and transparent, it may cause distrust. Because an arbitration system has values such as speed, flexibility of economic decisions, professionalism of arbitrator and confidentiality of arbitration-related information, the efficiency of the arbitration system for conflict resolution has emerged recently. We have to assign sports experts to reactivate sports arbitration commission committees which existed from 2006 to 2009 in Korea. Many countries, such as the UK, USA, Canada, New Zealand, Hungary, the Netherlands, Poland, Germany, and Japan, which attain advancement of sports and the International Court of Arbitration establish and run their own sports arbitration agencies. However, Korea disbanded its sports arbitration commission committee for political and economic reasons. In 2012, after their disbanding, athlete Kim Yeon-kyoung came into conflict with Heungkuk Life over terms of free agent acquisition and international transfer certification. Finally they were able to settle those political conflicts. However if there had been related laws in Korea, they could have resolved those problems easily without international disputes. Practically, it would have been almost impossible for Kim Yeon-kyoung to win the dispute. But her problem became an issue after the London Olympics, so she could win. Although it is well for her to take an active role on the international stage, it left much to be desired on account of the intervention of political circles in order to resolve the conflict. If the sports arbitration commission committee in Korea had still been active, it could have come to a peaceful settlement domestically. Therefore we have to reestablish a Korean sports arbitration committee centered around experts of sports law.

• Journal of Fisheries and Marine Sciences Education
• /
• v.26 no.1
• /
• pp.10-21
• /
• 2014

The aquatic disease inspector is not classified as an occupation in the current Korean Standard Classification of Occupations(KSCO). Therefore, the roll of the aquatic disease inspector in the medical treatment and the prevention against the aquatic organism disease is underestimated. The aquatic disease inspector is in a more disadvantageous position than the pharmacist and the veterinarian. The purpose of this study is to approve the aquatic disease inspector as an occupation in KSCO. The important contents of this study are as follows. In the first place, this study looks around the general requirements of classifying the occupations in KSCO. The aquatic disease inspector satisfies the most general requirements. But, because of the similarities of job between the aquatic disease inspector and the veterinarian, the aquatic disease inspector do not satisfy the requirement for 'the principle of exclusiveness'. In the second place, this study looks around the classification system of KSCO. The classification system of KSCO is consists of multi steps. This study makes the plan for the appropriate occupation classification of the aquatic disease inspector. In the third place, this study looks for the legal methods to classify the aquatic disease inspector as an occupation in KSCO. In order to classify the aquatic disease inspector as an occupation in KSCO, many regulations of the laws about the aquatic disease inspector and the veterinarian are to be amended and the number of the aquatic disease inspectors is to be increased by the innovative measures.

• Journal of Navigation and Port Research
• /
• v.26 no.5
• /
• pp.511-516
• /
• 2002

Cultural Property Preservation Bureau of Korea excavated the massive shipwreck and her cargo from 1976 to 1984 sunken under Jeungdo Island, Sinan County located in the southwest area of the Korean peninsula. It was the first systematic underwater excavation in Korea, and one of the richest underwater discovery in the world. According to the reference materials, more treasure shipwrecks are assumed to be sunk under seaside of Korean peninsula. Such as, Donskoy near Ulleung Island, Kow Shing near Ul Island, and Yamashita treasure ship off Korean peninsula, etc. The excavations of these treasure ship are likely to raise ownership dispute between private finders and government authority, and between ship owner and excavater due to lack of knowledge and awareness of related laws and regulations. Therefore, this study aims to examine existing legal regimes related to the excavated treasureship. And also it tries to suggest a new proactive measure to prevent the most likely ownership disputes between interested parties.