• Proceedings of the Korean Society of Crop Science Conference
• /
• 2017.06a
• /
• pp.51-52
• /
• 2017

"Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. (Internal Treaty on Plant Genetic Resources for Food and Agriculture, ITPGRFA). The "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity (shortly Nagoya Protocol)" is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, 90 days after the deposit of the fiftieth instrument of ratification. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by; (a) Establishing more predictable conditions for access to genetic resources and (b) Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources. By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being. The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including; (a) Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance, (b) An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs, (c) Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, this can include capacity to develop domestic ABS legislation to implement the Nagoya Protocol, to negotiate MAT and to develop in-country research capability and institutions, (d) Awareness-raising, (e) Technology Transfer, (f) Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol's financial mechanism, the Global Environment Facility (GEF) (Nagoya Protocol). The Rural Development Administration (RDA) leading to conduct management agricultural genetic resources following the 'ACT ON THE PRESERVATION, MANAGEMENT AND USE OF AGRO-FISHERY BIO-RESOURCES' established on 2007. According to $2^{nd}$ clause of Article 14 (Designation, Operation, etc. of Agencies Responsible for Agro-Fishery Bioresources) of the act, the duties endowed are, (a) Matters concerning securing, preservation, management, and use of agro-fishery bioresources; (b) Establishment of an integrated information system for agro-fishery bioresources; (c) Matters concerning medium and long-term preservation of, and research on, agro-fishery bioresources; (d) Matters concerning international cooperation for agro-fishery bioresources and other relevant matters. As the result the RDA manage about 246,000 accessions of plant genetic resources under the national management system at the end of 2016.

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.1
• /
• pp.3-26
• /
• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• Journal of Legislation Research
• /
• no.44
• /
• pp.33-62
• /
• 2013

In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.23 no.6
• /
• pp.690-698
• /
• 2017

Vietnam is a marine nation with more than 3,444 km of shorelines, thousands of islands, and 2,360 rivers and canals of over 42,000 km long. As the frequency and the volume of oil transportation by ships increase, the possibility of oil spill incidents becomes higher than ever. Fuel oil and cargo oil spills at sea have widespread impact and long-term consequences on marine ecosystems, coastal resources and human health as well as socio-economy. This study is to show not only the present state of marine oil spills in Vietnam such as the number and the volume of oil spills for two decades, and an overall about Vietnamese national response system like national framework for Oil Spill Response (OSR), etc. but also to present the recommendations for enhancing national capability in response to oil spill incidents in Vietnam, especially, with a comparison of national OSR systems between Vietnam and South Korea. As the result, the number and the volume of marine oil spills in Vietnam showed an upward trend as opposed to a downward trend in South Korea. This means that Vietnam has the possibility of oil spills in coastal waters. Therefore, three main recommendations for the enhancement of national OSR capability in Vietnam are proposed as follows: (1) the development of alternative plan for reenforcing national OSR system involving legal system for preparedness and response to oil spill pollution such as the acceptance and implementation of OPRC Convention as well as the establishment of national fund compensating for the damage and loss caused by oil pollution; (2) the enhancement of a consistent reporting, alerting and monitoring system; and (3) the development of training and exercise programs with standard contents of educational courses.

• Journal of Korea Technology Innovation Society
• /
• v.17 no.4
• /
• pp.786-819
• /
• 2014

Emphasizing the importance of R&D as a source of open innovation, Korean government is developing various programs focused on technology commercialization and is expanding investment on it. In spite of those efforts, technology commercialization is not vitalized yet due to the lack of demand for technology transfer, R&D planning scheme without considering market, immaturity of technology market, and so on. This study aims to suggest the business ecosystem model so that technology commercialization could be facilitated based on business ecosystem perspective. We set the framework for modeling a business ecosystem through reviewing the previous works, and draw several problems to be solved regarding public R&D commercialization in Korea from the perspective of ecosystem. Considering those, this research proposes the business ecosystem model for public R&D commercialization as a reference model for describing, discussing, and developing the technology commercialization strategy. The proposed model consists of 4 domains as follows: R&D, technology market, information distribution channels, and customers. The business ecosystem model shows that technology commercialization could be facilitated to create the market value through close relationship and organic cooperation among its members that form the ecosystem. Public research institutes as a keystone player could control the fate of the ecosystem. In this regard, this paper suggests roles of public research institutes for evolving the business ecosystem.

• The Korean Journal of Air & Space Law and Policy
• /
• v.32 no.1
• /
• pp.385-417
• /
• 2017

Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

• Journal of Korea Technology Innovation Society
• /
• v.12 no.3
• /
• pp.638-661
• /
• 2009

With the advance to the knowledge-based economy, science and technology (S&T) has been recognized as key factor in a nation's competitiveness. To cope with this kind of new trend Korean government has tried to increase the R&D investment and to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure for the year 2007 amounted to about 31.3 trillion won including government R&D of 8.9trillion won. With these efforts the capacity of Korea S&T has made great strides recently. Korea was ranked world's top 7 in R&D investment, top 12 in S&T paper publication and top 4 in patent application. Korean government enacted several pieces of legislation concerning S&T : the "Technology Transfer Promotion Act (1999)"; the "Framework Act on Science and Technology (2000)"; and the "Presidential Regulation for Managing the Government R&D Programs (2001)." In addition, the government has put a lot of effort into promoting the commercialization of technologies developed in public sector and improving the infrastructure of technology transfer and commercialization. However in spite of these various efforts, the technologies obtained from the public sector have not been transferred to the industry properly. Only 24.2% of technologies developed in the public for the year 2005 were transferred to industry. The royalty revenues of the public for the year 2005 was 1.5% of their total R&D expenditure. It shows only a third of the percentage of royalty revenues for the public sector in the U.S.A. and a second of Europe. There are many obstacles of public technology transfer such as immaturity of technology market, lack of licensing experience, and inadequacy of legal system and government policy. In this study I compared the Korean legislative system of patent management of government R&D outputs with the American system, derived problems from Korean system, and suggested proper alternatives.

• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.243-279
• /
• 2019

During the main ruling in 2018, it is difficult to find a new judiciary, which is understood to be due to a certain degree of jurisprudence established and focusing mainly on contentious disputes within the framework of damages. The cases in which the court's judgment is reversed helped to understand the reason and the judiciary, and it was confirmed that the dispute in the medical lawsuit became more and more intense. Decisions on responsibility restrictions and medical records were also noticeable, with a significant increase in the number of verdicts relating to the doubt about medical records. This is considered to be part of the increasing number of cases in which the parties raise questions about medical records, and several cases were categorized and introduced at this opportunity. We also introduce the case of forced discharge of long-term hospitalized patients and medical fee bill, because it was judicial interest after the Supreme Court ruling that the cost of treatment for the after-effects of medical malpractice can not be claimed to the patient.

• Korean Journal of Ecology and Environment
• /
• v.47 no.4
• /
• pp.239-246
• /
• 2014

To cope with the potential risks associated with invasive alien species, the Korean Government implemented the Biodiversity Act in 2014. Among the alien species not yet introduced into that country, 24 have been designated as alert species. These include mammals, birds, fish, mollusks, insects, and plants that may invade and cause serious harm to the ecosystem. Approval from the Ministry of Environment is required to import or carry any of them. Although these measures are more advanced than those from the previous legal framework, several terms still need to be improved. First, the category of alert species should cover not only those not yet introduced but also those that are being raised or cultivated at aquariums, botanical gardens, and zoos. Second, for applicants who intend to import or carry alert species, the government must provide them with detailed standards for the ecological risk assessment of alert species as well as guidelines for their safe use in Korea to prevent their unregulated release from confinement facilities into natural environments. Third, tools and protocols should be developed for early detection and rapid responses to those escapes.

• Journal of Digital Convergence
• /
• v.16 no.2
• /
• pp.361-366
• /
• 2018

The purpose of this study is to examine the four aspects of design terminology : dictionary, legal, academic, and popular according to the changes of various media and the stream of times and to establish a basic framework for design terms that can be refined in time. Based on an understanding of the essential meaning of design terms, it provides the basis for establishing the basic direction of the use of design terms that can be used between the design industry and other industries. The research methods are as follows: First, the preliminary meaning of design terms was examined through previous studies. Second, the present state of use of design terms was analyzed using the Internet and various network media. Third, through interviews with experts in each design field, the criteria of contemporary design terms was explored. Ultimately, the direction to establish design terms was derived through these research processes. The result of this study is meaningful to provide the new index of the time and conceptual change of design terms. In the future, it will be necessary to expand the research on design common terms continuously in design-related academia and related industries, and try to establish professional and popular design terms through diverse opinions.