• Korea Trade Review
• /
• v.42 no.6
• /
• pp.27-50
• /
• 2017

This study is to present practical plan to stimulate Parallel Import Policies, Which is one of the government policies to drop import prices of imported goods. Although, preliminary studies focused on legal aspects related to Intellectual Property Right, from the perspective of trade, we conducted a study on economic aspects through parallel import, consumer welfare, etc. For this study, the parallel import system of the United States and Japan was compared with Korea and the domestic parallel import market status was analyzed by comparing market price. According to the study, the current parallel import system lacked the limits of government regulation and distribution market structure. It proposed practical plans such as political suggestions and changes in distribution structure. This study is meaningful in analyzing the problem of parallel imports that currently occur in the Korea market based on data concerning parallel imports in practical terms

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.25 no.4
• /
• pp.482-492
• /
• 2015

Objectives: Exposure Assessment for workplace hazards where the exposure level is below occupational exposure limits(OELs) has been performed without considering either the degrees of risk or exposure levels and has failed to lead to intervention in many cases. The objective of this study was to suggest and test an application framework for risk assessment methodology under the current exposure assessment system in Korea. Materials: First, we investigated the exposure assessment systems in Korea and other countries. To adopt some risk assessment techniques, we also analyzed risk assessment systems and compared them to exposure assessment systems. A few suggestions were made. We held a public hearing during an industrial hygiene conference and took surveys using a questionnaire. Results: The first suggestion was to implement the risk assessment and exposure assessment through a "one-stop" system. In that case, one expected question would be who has been doing the jobs so far. In most cases, industrial hygiene consulting services or laboratories have been performing exposure assessment for business owners. Business owners are required to perform risk assessment. As two different groups of people will be required to implement two things in a one-stop system, they need to share information. As an information vehicle to share information, commonly filed survey checklists were suggested. The second suggestion was to categorize exposure level into four groups instead of the current binary divisions based on OELs. In the risk assessment system, exposure level is divided into four groups utilizing the cut-points of 10%, 50%, and 100% of OELs. The same schema can be adopted in the exposure assessment system and different levels of requirements can be assigned for each group. The third suggestion was regarding the regulation system. To provide the suggestions some thrust toward being implemented in the field, changes should be made in the legal system. Two different types of new exposure assessment result reporting forms were suggested. Some investigations such as an ergonomic survey are officially accepted as risk assessment under the current legal system. A few items were suggested to be included in the exposure assessment result reporting to be accepted as risk assessment. A pilot study in two small factories was performed and pointed out the strengths and weakness of our suggestions. Conclusions: Discussions and studies on the improvement of the exposure assessment system have been held for decades and no tangible changes have yet been made. We hope this result can help realize healthy lives for workers in Korea.

• Food Science of Animal Resources
• /
• v.27 no.3
• /
• pp.299-307
• /
• 2007

Changes in nitrite content, TBARS content and color of meat products during storage were examined as part of studies addressing the reduction of residual nitrite and to ensure the safety of meat products. All 4 kinds of domestic meat product tested, Vienna sausage, bacon, smoked-ham and Dduggalbi, manufactured by C and L domestic companies had very low contents of residual nitrite, for below the legal tolerance limit of 70 ppm, and the residual nitrite decreased with storage. The reduction in nitrite content differed with each product, showing the greatest reduction in Vienna sausage and the least reduction in bacon when stored at $4^{\circ}C$. On the other hand, when stored at $-20^{\circ}C$, the nitrite content of bacon decreased more rapidly than the other meat products. The results of this study show that the nitrite content of meat products decreases during storage, and that the rate of decrease is quite dependent on the storage temperature. In addition, the nitrite contents of most domestic meat products are very low compared to the legal limits, thus the health risks of nitrite in meat products might not be of great concern. More research on the reduction of residual nitrite and on the development of alternatives to nitrite is necessary.

• Journal of Advanced Navigation Technology
• /
• v.21 no.3
• /
• pp.230-242
• /
• 2017

A significant rise in product-liability cost is expected due to the newly passed product liability amendment Bill approved during the assembly plenary session on March 30, 2017. Korean government legal service(KGLS) filed a damage suit against Korea aerospace industries, Ltd.(KAI) and Hanwha Techwin Co., Ltd., the manufactures of the KUH-1 Surion helicopter crashed. KGLS alleged claims under the product liability Act, the warrant liability Act and the non-performance of contract act. The accountability limits of military aircraft manufacturers was a highly divisive issue among related scholars and legal practitioners. The bottom line was that military aircraft manufacturers had no product-liability insurance available. The United States courts have, therefore, developed the government contractor defense(GCD) and it was recognized by the U.S. Supreme Court in Boyle v. United Technologies corporation(1988). product liability insurances for military aircraft manufacturers are excessively expensive and it cannot be added onto the military procurement cost accounting. However, having an aircraft accident without one can be ruinously expensive. Therefore, the manufacturers should promptly set up appropriate risk management measures. This thesis will first review the advance GCD theory, and then find a way to either reform government contract related regulations.

• Journal of Distribution Science
• /
• v.12 no.9
• /
• pp.113-123
• /
• 2014

Purpose - After Korea's Free Economic Zone (FEZ) system was launched in 2003, there have been many debates about upgrading it and its support systems. However, as of 2013, there were insufficient results. Further, upon the designation of the East Coast and Chungbuk as official FEZs from February 4, 2013 by the 56th the Commission, there is a concern that many people are in the area designated as FEZ 8. This study investigates Korea's new FEZ system as part of Korea's primary new economic development policy in the 21st century. Therefore, this study examines views on the weaknesses of the past ten years of FEZs so that Korea can expand its FEZ system. Research design, data, and methodology -Many countries have considered the FEZ as an economic special zone. By reviewing previous research models, this study provides an update using recent data and materials, until 2013, from the Center of Free Economic Zones. In previous studies, the lack of support systems was attributed to proposals to ensure operational autonomy and differentiation of each FEZ; however, the main cause cannot be solved through regulatory issues, as difficulties caused by the operational system are responsible for the problems. We wish to analyze the FEZ, specifically the operational system; this is the main issue of this study. Results - After the first FEZs were established, it became necessary to have basic plans, as investment results in 2013 compared to the same period this year led to lower earnings in the first half of 2014. We propose an improvement of the operational system because in the free economic zones, the operational system is the root cause of the underlying problem. The results of this research are as follows. The weak management of the FEZ system is influenced by weak investment, delayed development, foreigners' living facilities, benefits of foreign investments, the control tower's policy making decision process, quickness of the process of satisfying legal requirements, and support For the independence of FEZs. Conclusion - Local governments do not have legal rights over FEZ deregulation and investment industries. This study suggests that the local government should have more independence from the central government. Moreover, independent management committees are more effective for ensuring public rights, better employee responsibilities, and better-qualified personnel. The FEZ committee struggles to effectively manage the locations of FEZs, foreign investments, and related facilities under the control of the Ministry of Trade, Industry and Energy. Thus, the FEZ committee should be under either the Prime Minister's office or the Presidential committee, to control and effectively coordinate between the local and central governments. If the problem clearly applies to the operational system in 2013, it is necessary to provide materials and methods so that the results of the first half of 2014 can be computed despite the data limits and lack of resources, and the data can be analyzed in a more diachronic thesis.

• Journal of Korea Technology Innovation Society
• /
• v.16 no.2
• /
• pp.444-475
• /
• 2013

This study explores the trajectories of institutionalization for technology transfer both in the U.S. and Korea, particularly focusing on two universities: Korea Advanced Institute of Science and Technology (KAIST), and the University of California (UC). By comparing the diverging paths of the two universities in setting up institutions, this paper examines the limits of and lessons for technology transfer policies both to Korean government and universities in Korea. The University of California was involved in designing rules and codes, on one hand, to stimulate its members' engagements with technology transfer activity and, on the other hand, to keep its academic integrity since, no later than, the 1960s. The efforts and consequences range from its rules of patenting system to its codes of conducts. Through making rules formal and resolving conflicts on technology transfer activity, the U.S., and the University of California have decreased uncertainties for its members' engagements with industries. By contrast, KAIST has not built up such range of rules or codes due to its shorter experience and its constraining legal contexts. Korea introduced the legal format of the US Bayh-Dole Act in 2002, and its central government has led the initiatives for technology transfer, not allowing much latitude for its universities. This study implies a set of policy recommendations to the Korean government and KAIST: to build entrepreneurial universities, the government should give greater latitude to universities, so universities should be more rigorously engaged in developing their own rules and routines; the government, rather, should focus on providing bridging R&D funds like the Small Business Innovation Research (SBIR), so researchers could draw on resources to move their basic research into next phases; KAIST would be better to promote its members to engage with industries, and introduce conduct codes that allow its academics to engage in industrial activity, rather than building up its commercialization facilities.

• Journal of Food Hygiene and Safety
• /
• v.34 no.5
• /
• pp.489-494
• /
• 2019

The appropriateness of introducing blockchain technology into food safety management systems was evaluated by conducting a survey of experts on the effectiveness and constraint evaluation indicators, and a portfolio analysis was conducted to set the priorities of blockchain application. The food safety management activities considered in this study were issuing documents on food import/export, food hygiene rating scheme, civil complaint management in the food sector, food- related certification, risk information management, and food traceability systems. The sectors that can be expected to be effective in the introduction of blockchain technology were food- related certification, food hygiene rating scheme, risk information management, and issuing documents on food import/export. In the case of food traceability systems and civil complaint management, the introduction of blockchain technology was not recommended due to ineffectiveness. From the evaluation of the constraints (e.g., technical limits, cost, legal amendment, personal information disclosure, timeliness, and ease of connection) to be overcome when introducing blockchain into food safety management, it was found that there are more than average constraints in all six areas. In particular, the food traceability system was evaluated to have the most constraints. Issuing documents on food import/export is very effective with the introduction of blockchain technology, but due to high cost and legal restrictions, it is necessary to improve the institutional system in order to introduce blockchain. Among the evaluation sectors, food- related certification, food hygiene rating scheme, and risk information management on foods were suitable for preferentially adopting blockchain technology since these areas might experience greatly improved reliability and transparency through the introduction of blockchain, with relatively low constraints.

• Journal of Legislation Research
• /
• no.54
• /
• pp.345-382
• /
• 2018

Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

• The Korean Journal of Air & Space Law and Policy
• /
• v.2
• /
• pp.31-67
• /
• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• The Korean Journal of Air & Space Law and Policy
• /
• v.17
• /
• pp.9-28
• /
• 2003

The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.