• Journal of Arbitration Studies
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• v.19 no.3
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• pp.67-91
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• 2009

Nowadays, Alternative Dispute Resolution in terms of reconciliation, arbitration, and mediation is in the spotlight as a try to overcome the limits of a lawsuit as well as the judicial reform. Since many articles have studied ADR in America, Germany, Japan and the like which developed the system in advance, this article compares ADR in major Asian countries including China, Indonesia, Singapore, Thailand, Malaysia, India, and Vietnam etc. introducing ADR organizations as well. On the matter of vigorous trade and investment between Asian countries currently, it seems inevitable not to have consequential disputes through international exchange. Thus it will be very useful to know the law to resolve the conflict between the countries involved. This article is written to help to resolve the disputes in Asian countries and provide research materials to develop ADR in Korea by comparing the ones in major Asian countries. In addition, the comparative study of ADR in Asian countries should be continued to find the model which best fits in Asia as well as to nurture talent.

• Journal of Society of Preventive Korean Medicine
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• v.5 no.1
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• pp.31-40
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• 2001

Legal permissible limit of herbal drugs metal level in Korea is define 'less 30.0ppm in total(except mineral drugs)' including Pb Hg Cd As Cr Ni etc. This limit has a lot of problems in several factors, that is, not divide hazard and essential elements, not consider high and low toxic effect in each metal, not calculate dose-response relationship and average health behavior in Korean etc. As a that result, It has strong limits and weakness in the basic toxicology and Oriental medicine. To improve and correct these factors, We need to several new approach as like below. It must be radical study following problems in short and middle-long period in the future, toxic metal and essential element must be divide to basic toxicology and also be diverse toxic effect. But mineral drugs that included a amount of severe toxic metals is being used as active prescription drug until now. If toxic, safety and side-effect of metals will be considered, mineral drugs must prohibit instantly or use at least after examined toxic effect. But one of the most important things about herbal drugs contamination, all people and department (government, farmer and trader, oriental medicine doctors and association) will be participate cooperative and collection for preventive or the least contamination in herbal drugs.

• Transactions of the Korean Society for Noise and Vibration Engineering
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• v.15 no.11 s.104
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• pp.1311-1317
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• 2005

In environmental Impact assessment, noise impact assessment usually consists of three stages-surveying the existing noise levels by measurements, predicting noise levels induced by construction works and predicting noise levels after the completion of a project. The distance-attenuation relation of a point source, which has been used to predict the noise level due to its simplicity does not consider complex acoustic phenomena like multi-reflection, -diffraction and -absorption due to complex topographic configuration of buildings and terrains. For the consideration of such physical complexities. a noise mapping tool is adopted to produce a series of noise maps, which are those for the present, tot the works of construction and for the future. For accurate noise mapping, acoustical and topographic Information is used. Standard sound power levels and directivities of various construction equipments are need and scheduling of construction processes and locations of the equipments should be provided. In the case of exceeding legal limit, mitigation measures are applied to satisfy the legal limits and subsequent noise map is obtained and checked.

• Journal of the Korea Safety Management & Science
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• v.24 no.2
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• pp.77-85
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• 2022

This study tried to suggest a systematic improvement plan to prepare a civil safety insurance operation and management system by reviewing the operation and management status of civil safety insurance, which is operated and managed by each local government autonomously. In this study, the problems of the current civil safety insurance were analyzed by dividing them into the lack of systematic management of insurance items, overlapping coverage between insurance items, and deviations in compensation limits. As a systematic improvement plan, it was suggested to secure the systemic management of guarantee items, standardize compensation standards, prepare an integrated operation and management system, and provide financial support for local governments with poor financial independence. Since the problems and improvement plans for the civil safety insurance analyzed as described above are formed by exchanging and receiving a complex mutual influence, the institutional improvement plan for the operation and management system of the civil safety insurance is not only a specific part of the study, but also comprehensively current citizens. Based on the results derived from the analysis of safety insurance, it is concluded that alternatives must be found.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.702-714
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• 2013

South Korea, China and Japan is struggling for a new economic growth and facing new challenges and difficulties in foreign investment. In this paper, I Studied on the Legal System and Limits or Rules on the Investment Between Korea, China and Japan. First, FTA between Korea, Chin. The trade and economic relations and the investment flows between the three countries were examined. Based on the background of the three countries, it has been studied on the Legal System and Rules in the foreign investment Between Korea, China and Japan. Based on this, and the following were examined. What are the major limits in the foreign investment Between Korea, China and Japan? In the future, what should be included on the FTA investment chapter in FTA between Korea, China and Japan in order to facilitate more investment? FTA between Korea, China and Japan would be an effective means to strengthen the protection of investors and investment facilitation, and investment flows between the three countries will be activated. In the future, FTA between Korea, China and Japan is expected to further promote investment among the three countries. In this regard, in the future, the FTA investment chapter in FTA between Korea, China and Japan should include NT(National Treatment), MFN(Most-Favoured-Nation (Treatment)), Prohibition of the implementation of specific measures, the nationality requirements of management or the board of directors, movement of funds, safeguard measures, expropriation and compensation, compensation for loss, fair and equitable treatment, the settlement of disputes between foreign investors and investment promotion country(Investor-State Dispute Settlement), and other agreement between the three countries.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.425-457
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• 2004

This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

• Korean Journal of Health Education and Promotion
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• v.23 no.2
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• pp.121-140
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• 2006

Objectives: Safety is a primary health promotion issue in worksite because injury induces multi-fold loss of the human and economic resources to profit organization. The purposes of this study were to describe worksite health and safety education and management status in Korean manufacturing companies. Methods: The original population size of Korean manufacturing industry in 2004 was 74,398 and 2,960 factories were selected by the multiple stratified sampling method for this study. The health and safety manager or representatives of the selected 2,960 companies successfully finished in the face-to-face interview survey about company's general characteristics, health and safety management style, health and safety education hours conducted by the Korean Occupational Safety and Health Agency. Results: The manufacturing companies in Seoul and Kyunggi areas, small size, and clothes and press industries were related to low health and safety management and education status. The companies which assigned at least one safety manager were 70.5% and which had a health and safety room within the company were only 9.3%. The companies which took the health and safety education for their regular blue-collar employees more than the legal education hours were under 56.1% and the percentage of the companies which took their health and safety education for newcomers less than the legal limits was lower than any other types of health and safety education in workplace. The significant strong workplace health and safety management variables in predicting employee health and safety education were psycho-social variables such as the company own health and safety regulation and the workplace health and safety management committee organization. rather than physical variables such as health manager employment, safety manager employment. Conclusions: Systematic and legal approaches are effective to encourage workplace health and safety education, specifically, through sustaining health and safety managers and building the company-wide health and safety management system. Furthermore, theses approaches should primarily focus on the small companies of which sizes were under 50.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.2
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• pp.131-138
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• 2012

The tourism industry is considered as the world largest industry and it is assessed as the most effective way to create employment. In particular, the marine tourism industry such as marine leisure sports, cruise can create high added value so that its significance has been more emphasized. Korea has natural tourist attractions such as more than 3,000 islands, about 12,000km lengths coastline, wide wetlands and beautiful seascape. In addition, the establishment of the five-day workweek and the development of means of transportation make the policy demand of the public for marine tourism increase continuously. However, Korea currently lacks policy and system for revitalizing marine tourism industry as the new growth engine and has not made good use of its retained tourist resource. Accordingly, this study explores the current situation and challenges of Korean marine tourism industry and further analyses the limits of the national legal systems for marine tourism. Lastly, it suggests policy recommendation for promoting marine tourism industry.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.147-159
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• 2023

Sea level rise due to climate change is an increasing concern for the international community, and especially for coastal States. In case of regression of the coastal line or inundations of maritime features, including islands, the questions of whether coastal States are under an obligation to redraw their baseline and the outer limits of their maritime jurisdiction and of whether the existing maritime boundary treaties should be terminated are raised. This article reviews the arguments raised by the Small Island Developing States, International Law Association, and International Law Commission and suggests a solution within the current legal framework of the Law of the Sea through an interpretation of the existing provisions of the UNCLOS focusing on the legal issues relating to the Law of the Sea.