• Ocean and Polar Research
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• 제35권4호
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• pp.313-322
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• 2013

The concept of effective control is a crucial element for the acquisition as well as maintenance of territorial title. The general meaning of the concept has been described as 'an intentional display of power and authority over the territory, by the exercise of jurisdiction and State functions, on a continuous and peaceful basis'. The concept has been developed through some significant international cases such as the Island of Palmas case (1928), Legal Status of Eastern Greenland (1933), Minquiers and Ecrehos case (1953), Burkina Faso/Mali case (1986) and Nicaragua/Colombia case (2012). In relation to Dokdo, the concept has an important bearing in regard to Korea's claims of territorial sovereignty over the island. This paper reviews the definition, components and ramifications of the effective control with regard to the acquisition and maintenance of territorial title through analyzing the relevant judgements of international courts and tribunals. Furthermore, it exams the legal ramifications of the current effective control on Dokdo and makes some suggestions for the strengthening of Korea's position on the island.

• 보건의료기술평가
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• 제6권2호
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• pp.81-87
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• 2018

With the recent change of healthcare environment including rapid technological development, evidences are more and more important and necessary to support relevant policies in health technology assessment to provide safe and effective health services, utilizing medical resources efficiently. Despite of the emphasis on the importance of real world data and real world evidence in health care research, current infrastructure supporting clinical research is considerably weak due to absence of legal and institutional basis. However, in accordance with the Article 26 of the Health and Medical Technology Promotion Act, there is a limited legal apparatus that can be used only in public data with other dataset for the purpose of healthcare technology assessment at the National Evidence-based Collaborating Agency. Although the use of linked data from various sources was often required in the field of clinical research, it was not yet working well due to insufficient environmental conditions. In order to support the decision-making of medical practice and health care policies, data-linking platform for clinical research is needed. If the legal system that can link up to the data of the private institutions without violating the significant value such as the protection of private informations is established, it will be a decisive foundation reinforcing the researches and policy making processes for the improvement of the national health care system.

• 한국환경보건학회지
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• 제49권4호
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• pp.179-182
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• 2023

The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.

• 무역학회지
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• 제46권1호
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• pp.155-168
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• 2021

The EU and the UK apply a treaty to establish new relations from 2021. Brexit is making a big difference in relations among the EU, the UK, and third countries. A new paradigm of international law has begun to be applied to relations among Korea, the EU, and the UK. The UK was excluded from the application of the Korea-EU FTA, and the Korea-UK FTA was applied to trade relations between Korea and the UK. The signing of these new treaties and the changes in the subject to which they apply are impacting the existing international legal system. The countries are showing some response, but it cannot be evaluated as a complete level, and there are still tasks to be solved. Therefore, the legal basis for EU-UK relations, Korea-EU relations, and Korea-UK relations should continue to be laid down in the future. The Korea-UK FTA cannot govern all the problems arising from trade and economic cooperation. Many interests that the UK did not reflect in the course of previous Korea-EU FTA negotiations will be revealed, so a new legal framework for Korea-UK bilateral relations will be established according to the negotiations between the two sides. There should be more detailed research and suggestion of alternatives in the field of law.

• 한국건축시공학회지
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• 제7권4호
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• pp.83-91
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• 2007

This study tries to provide concept on establishment of CM license basis, CM selection procedure and CM contract documents through a comparative study of CM services in several CM contract documents in the America. This results of study are summarized as follows; Establishment of basis on the work scopes and legal license of CM company. Establishment of CM selection and contract procedure. Preparation of CM contract documents. Preparation of CM manual.

• 한국정보컨버전스학회논문지
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• 제7권1호
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• pp.71-81
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• 2014

분묘기지권에 대하여는 분묘의 이전에 관한 내용만 토지보상법 시행규칙 제42조에 규정하고 있고, 분묘기지권이라는 본연의 권리는 별도의 규정이 없다. 따라서 분묘기지권의 보상근거 우리 토지보상법의 전체에서 찾아 보면 이장보조비로써 100만원 이내에서 분묘기지권의 가치를 인정한다고 보여지고 이는 분묘기지권 제도의 존손 여부는 별론으로 하고 현재의 법체계하에서 당연한 조치로 생각된다. 다만 관습법상 오랜 세월동안 인정되어 온 분묘기지권에 대한 보상규정은 토지보상법에 명문화 하여 이론을 없애는 입법자의 노력이 필요하다고 생각된다.

• 통상정보연구
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• 제1권2호
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• pp.249-271
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• 1999

This article deals with concept and theory of privacy and personal data on the basis of understanding of this matter, Especially concerns the infringement and protection of privacy and personal data that is violated by new media and electronic commercial transaction through case study and research of literature. The article seek to find out the resolution of legal problems on the protection of privacy and personal data. The resolution is in other words, that privacy and personal data protection law shall be established as a part of efforts to protect personal data and to activate electronic commercial transactions.

• 대한수의학회지
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• 제34권2호
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• pp.243-247
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• 1994

As a result of the detection of mitochondrial DNA(mtDNA) polymorphism to Thoroughbred and Percheron using 14 restriction enzymes, mtDNA polymorphism of Cheju horse observed in the Bam HI and Sac I. Only in both restriction enzymes two types were classified as of A type, which is high expression frequency and B type, which is low expression frequency. In the other 12 restriction enzymes mtDNA polymorphism was not detected. On the basis of this information mtDNA polymorphism of Cheju horse was examined but was not observed the polymorphism and only A type was expressed both Bam HI and Sac I restriction enzymes. Through this study Cheju horse was demonstrated that lower genetic variation was expressed from the detection of mtDNA polymorphism.

• 한국항해학회지
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• 제21권1호
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• pp.89-102
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• 1997

Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2006년도 추계학술대회 논문집(제1권)
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• pp.91-96
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• 2006

International law provides for fundamental navigational rights called the right of transit passage in international straits as defined by UNCLOS. However, the Australian government published Marine Notice 8/2006 and the associated Part 54 of Australian Marine Orders which requires ships transiting the Torres Strait to engage the services of a pilot and imposes significant penalties for non-compliance on the basis of the IMO MEPC 133(53) which is just a resolution as a recommendation. This paper aims to study legal aspects in UNCLOS on the pilotage in the Torres Strait following the extension of the Great Barrier Reef PSSA neighbouring Australia.