• Title/Summary/Keyword: legal policy

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An Analysis of Indonesia Forest Moratorium: With particular reference to Forest Governance (인도네시아 산림 모라토리엄 분석: 산림 거버넌스를 중심으로)

  • JANG, SangKyung;BAE, Jae Soo
    • The Southeast Asian review
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    • v.23 no.3
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    • pp.49-92
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    • 2013
  • In May 2010, Indonesia and Norway signed a Letter of Intent on "Cooperation on Reducing Greenhouse Gas Emissions from Deforestation and Forest Degradation(REDD)." In the LoI, Norway agreed to offer Indonesia a sum of USD 1 billion with a view to encourage Indonesia to significantly contribute to the successful implementation of REDD+. On 20 May 2011, correspondingly, Indonesia announced the 2011 'Forest Moratorium' (the Presidential Instruction No. 10/2011) which was valid for the following consecutive two years. By means of the 2011 'Forest Moratorium', Indonesia aimed at significant reductions in greenhouse gas emissions from deforestation, forest degradation and peatland conversion. In so doing, it also sought to improve forest governance. Meanwhile, concerned stakeholders also raised various questions about the effectiveness of the 'Forest Moratorium'. As an extension of the 2011 'Forest Moratorium', Indonesia announced the 2013 'Forest Moratorium'(the Presidential Instruction No. 6/2013) for another two-year period on 13 May 2013. Indonesia's 'Forest Moratorium' is concerned with stakeholders at various levels, who may play a role of significant 'agent' in the process of implementing the 'Forest Moratorium'. This mechanism of the 'Forest Moratorium' should be understood in the light of forest governance. Employing stakeholder approach, therefore, this article attempts to analyze Indonesia's 'Forest Moratorium' in the light of forest governance. In this regard, it analyzes the detailed contents of the 'Forest Moratorium', the process of making the 'Forest Moratorium', current development of the Indicative Moratorium Map for suspension of new concessions on forest land, and contesting views of various stakeholders. At the same time, it also talks about how 'weak' forest governance had influence upon Indonesia's 'Forest Moratorium'. In so doing, this article consequently attempts to evaluate Indonesia's 'Forest Moratorium' and also put it into perspective in terms of improving forest governance. The 2013 'Forest Moratorium' fundamentally represents a radical policy that is designed to suspend new concessions on forest conversion for another two-year period and its detailed contents attempt to reflect on various stakeholders from related industries and environmental NGOs. However, there are challenging factors in the process of implementing the 'Forest Moratorium', that is, 'weak' forest governance and also a discrepancy between forest planning maps designated by central and regional governments. The announcement of the 2013 'Forest Moratorium', as an extension of the 2011 'Forest Moratorium', may functionally strengthen and improve Indonesia's forest governance. However, at the same time, there is a practical limit due to the fact that it is merely a Presidential Instruction that lacks legal binding.

A study on the risk assessment system for the harmful marine species: the legal problems and solutions (유해해양생물 위해성평가 제도의 문제점 및 개선방안 연구)

  • Lee, Chang Su;Moh, Youngdawng
    • Korean Journal of Environmental Biology
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    • v.38 no.4
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    • pp.691-704
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    • 2020
  • The Ministry of Oceans and Fisheries has designated 17 species as harmful marine organisms with the purpose of managing harmful marine species that threaten health and property. In designating and managing harmful marine species, detailed and effective regulations were originally established in November 2015, and a minor amendment of the directive was published in 2019 - Directive on Designating and Managing Marine Ecosystem Invasive Species and Harmful Marine Species (hereinafter, the Directive). Thus, this study had two aims: Firstly, to increase public awareness of the harmful marine species management system run by the Ministry of Oceans and Fisheries via description of the present harmful marine species risk assessment system. Secondly, to improve the current risk assessment system by providing policy suggestions developed through review of the present harmful marine species designation and management system. In so doing, this study reviewed the 'harmful marine species - harmfulness risk assessment system' in both the definitions of "risk" and "assessment". As a result, the present definition of 'risk' adequately fulfills the policy aims on the Regulation of Marine Ecosystem, which includes an economic value. However, it seems that there is a loophole in the rules of risk assessment, lacking terms of reference in the definition of "risk". Moreover, with regards to risk assessment, a quantitative risk assessment system was sufficient but lacked elements of qualitative risk, suggesting future research in this area may prove useful in the management of harmful marine species.

Policies and Measures for Managing Personal Digital Legacy (개인의 사후 디지털 기록관리를 위한 정책과 방안)

  • Kim, Jinhong;Rieh, Hae-young
    • The Korean Journal of Archival Studies
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    • no.72
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    • pp.165-203
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    • 2022
  • Many people create records in digital space, and the amount of digital records left after individual dies has increased. The digital record left by the deceased is different from the record heritage that has physical substances. In many cases, the records of the deceased not just belong to the deceased, and many deceased did not explicitly disclose their online accounts and method of dispose of digital records during their lifetime, so this problem may lead to problems of inheritance to the bereaved family. In addition, digital records may be neglected or deleted after a person's death due to software problems, specific platform's terms of use, account deletion by bereaved family, etc. This leads to the problem that daily records, which are important clues to the social aspects at the time, are easily lost. Several studies have revealed that individuals are interested in preserving their digital records, but do not know how to do it, so they are benign neglect. For this reason, it is necessary to pay attention to personal digital records and personal digital legacy, and to prepare related policies and plans. Accordingly, this study analyzes problems related to the management of digital records after an individual's death, related to laws and systems, the status and policies of platforms and industries, the status of personal record management, etc. Various solutions were suggested, such as a need for enactment for digital personal record management act, platform's explicit policy for individual's post-mortem records, digital records management plan for archival institutions, individual's a preemptive management plan for his/her own records, and a method for writing a will related to digital account information.

A Parasports Activation Plan for Sports Welfare (스포츠복지를 위한 장애인체육 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.5
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    • pp.189-204
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    • 2021
  • The purpose of this study was to determine the present state of disabled people participating fully in sports for all, analyze its legal, organizational, and policy status, and present a future direction for parasports in pursuit of better sports welfare. For this purpose, literature review was performed, obtaining the following results concerning a parasports activation plan. First, it is necessary to increase large-scale, systematic public relations through association between the government and private organizations with the objective of increasing the number of disabled people participating fully in sports for all. Second, it is necessary to implement full revision of the Sport Promotion Act and establishment of a Parasports Promotion Act actively. Thorough preparation for legislation is most of all required to meet the realities and cope with temporal changes. Third, it is necessary to build an effective system through convergent governance of parasports and relevant ministry. It is necessary to clarify the dual concepts of 'physical activity' and 'sports for all,' present a proper direction for policies, and implement efficient policies and projects. Fourth, it is necessary to reinforce participation by diverse expert groups in the development of parasports policies. This requires convergence of such elements as philosophy, rehabilitation, education, marketing, and laws in addition to sport elements.

Estimation of Consumer Value on Import Management of Seafood Obtained from IUU Fishing: Using Choice Experiment Method

  • Ji-Eun An;Se-Hyun Park;Heon-Dong Lee
    • Journal of Korea Trade
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    • v.27 no.2
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    • pp.115-129
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    • 2023
  • Purpose - This study empirically analyzes the consumer value of risk management associated with illegal, unreported, and unregulated (IUU) fishing of fishery products imported to Korea. The global regulatory paradigm for IUU fishing has shifted from production-centered to market-centered. As a result, changes in the international fisheries trade environment emphasizing "transparency" and "legality" of the production process are accelerating. Therefore, changes in the management systems of fishery products entering the country are also needed. Accordingly, this study estimated the consumer value for risk management of IUU fishing, targeting major fish species imported to Korea, and derived the feasibility of introducing related policies. Design/methodology - This study used the choice experiment as an analysis model to estimate consumers' willingness to pay for the "possibility to check for IUU fishing." The choice experiment assumes that the value of a good or service is composed of separable attributes and that the sum of the part-worth of these individual attributes becomes the total value. In this study, respondents were presented with profiles comprising three attributes (country of origin, price, and possibility of checking IUU fishing) and the levels of frozen poulp squid, the subject of the analysis. The participants were asked to select their preferred profile. The marginal willingness to pay for each attribute was derived from the results of the respondents' choices using conditional logit model estimates. Findings - There is a marked difference in utility based on the preference of the country of origin of fishery products among consumers. In addition, the utility of fishery products that have undergone IUU fishing verification was observed to be higher, with the utility marked to be higher for lower prices. Originality/value - Estimating the policy value of the risk management in IUU fishing of imported fisheries products in this study is a novel attempt that has never been conducted before. Several studies have been conducted to assess the risk of IUU fishing associated with the import of fishery products internationally. However, such studies are yet to be conducted in Korea. Instead, policies and studies have focused on issues related to complying with trading partners' legal and transparent standards for exporting fishery products. This study should be the beginning of more in-depth empirical and theoretical explorations to establish order in the domestic seafood market and respond to changes in international regulations on IUU fishing.

A study on How to Improve the Work of Professional Landscape Construction in Preparation for the Reorganization of the Production System in the Construction Sector - Based on the Survey Results - (건설분야 생산체계 개편에 대비한 조경분야 전문공사업 업무 개선 방향 - 설문조사 결과를 중심으로 -)

  • Ahn, Myung June
    • Journal of the Korean Institute of Landscape Architecture
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    • v.52 no.3
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    • pp.33-45
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    • 2024
  • The government is promoting the reorganization of the construction indusrty under the theme of reorganizing the production system. However, it has been pointed out that this is contrary to the increasingly specialized and technical skills of the landscaping field. Therefore, it is urgent to respond to the construction industry integration policy and improve an appropriate work system and the content of the landscape field. Therefore, this study investigated the intention of the industry to reorganize the production system and the production structure of the landscape field, so that it can be used as a reference for future changes. As a result of the survey, 1) the perception of the reorganization policy is a highly requesting step-by-step promotion that reflects the industry's will, 2) the system is divided into generalization and specialization and is highly opposed to integration, 3) appropriate design and construction costs are the most important directions for improving landscape construction projects, and 4) reestablishing the relationship with related civil engineering works is important for improving detailed construction types. Overall, it was pointed out that the current specialized landscape construction does not sufficiently reflect the changing landscape business and is only appropriate for subcontractors in other industries. Therefore, it is necessary to promote policies that reflect this. In the long run, it is urgent to establish the status of landscape construction as an independent object, and it is necessary to supplement the legal system and change the industry accordingly.

Analyzing Domestic Research Trends on Disclosure of Information By Comparing Major Academic Disciplines (주요 학문분야 비교를 통한 국내 정보공개 연구동향 분석)

  • Na-yun Bae;Hyo-Jung Oh
    • Journal of the Korean Society for information Management
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    • v.41 no.2
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    • pp.295-316
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    • 2024
  • Analyzing research trends is essential for the sustainable development of a discipline and is important for understanding the value of prior research and laying the groundwork for subsequent research. This study aims to draw implications for the future direction of convergence research on the disclosure of information from various disciplines by comparing and analyzing the trends in disclosure of information research in Korea. For this purpose, we analyzed the publication frequency of information disclosure papers listed in the Korea Citation Index (KCI) from 2002 to 2023 and the publication trend by discipline as a time series. In addition, we compared the keyword relationships and specialized research topics of each discipline by applying network analysis and LDA topic modeling techniques to the names and keywords of papers in law, public administration, and library and information science. As a result of the analysis, the law focuses on legal regulations and policy improvement, public administration focuses on changing social needs and administrative operation methods, and LIS focuses on practical approaches to record management and disclosure of information. Based on this, future research directions include combining policy research in law with social change research in public administration and developing realistic policies and operational guidelines from the practical perspective of LIS. Such convergent research will enable the systematic and efficient implementation of disclosure of information systems, contributing to the guarantee of the public's right to know and the enhancement of state transparency.

A Study on the Collection Strategies of Library Materials for the National Library for the Disabled (국립장애인도서관 장애인자료 수집전략 연구)

  • Sin-Young Kim;Ok nam Park
    • Journal of Korean Library and Information Science Society
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    • v.54 no.4
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    • pp.123-150
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    • 2023
  • The National Library for the Disabled was upgraded to a primary affiliated organization of the Ministry of Culture, Sports and Tourism on June 4, 2020, in accordance with Article 24 (1) of the Library Act (Law No. 16685). The National Library for the Disabled is currently preparing to build an independent library building. Now that the National Library for the Disabled has secured its independent legal status, it must become a specialized national library by comprehensively collecting not only alternative materials for the disabled, but also domestic and foreign materials useful to researchers related to the disabled. Accordingly, the purpose of this study is to conduct basic research for comprehensive and strategic collection of library materials for people with disabilities, which is an essential part of the statutory work of the National Library for the Disabled. To this end, the concept and category of library materials for the disabled that are expected to be useful for satisfying the intellectual needs of the disabled and for education and research related to the disabled were established targeting knowledge information resources produced and distributed domestically and internationally. Next, based on the current collection development policy of the National Library for the Disabled, an implementation strategy and mid to long term roadmap for comprehensively collecting library materials were presented.

The Impact of the Government's R&D Support and the Introduction of Stock Options by Venture Companies on the Innovation Achievement of Venture Companies (정부의 R&D 지원과 벤처기업의 스톡옵션제도 활용이 벤처기업의 혁신성과에 미치는 영향)

  • Kim, Ho-hyun;Park, Hyung-jun
    • Journal of Venture Innovation
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    • v.7 no.1
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    • pp.17-39
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    • 2024
  • The purpose of this study was to analyze the effect of the government's R&D support and the use of stock options by venture companies on the innovation of venture companies, that is, innovation capabilities and innovation performance. An empirical analysis was conducted using the partial least squares structural equation modeling (PLS-SEM) method using the data from the detailed survey of venture companies conducted on domestic venture confirmation companies. As a result of the analysis, it was found that the benefit of government R&D support had a positive (+) effect on strengthening the innovation capabilities of venture companies, and R&D support also had a positive (+) effect on the innovation performance of venture companies. Next, it was found that the use of stock options by venture companies had a positive (+) effect on the reinforcement of the innovation capabilities of companies and a positive (+) effect on the innovation performance of venture companies. In addition, it was found that the innovation capabilities of venture companies significantly mediate between the government's R&D support and the use of stock options by venture companies and the innovation performance of companies. These analysis results show that the government's R&D support and the use of stock option systems can play a meaningful role in the innovation of venture companies, and also show that the innovation capabilities of venture companies have an important meaning in the process of innovation. Therefore, it is necessary to continue the stance of R&D support for ventures and at the same time to introduce multi-faceted policy measures to support corporate capacity building, and legal and institutional maintenance and policy support to revitalize the stock option system need to be continuously provided.

Recognition and Enforcement of Foreign Arbitral Awards in Korea (한국에서의 외국중재판정의 승인과 집행)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.17 no.3
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    • pp.3-30
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    • 2007
  • The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") done in New York on June 10, 1958 has been adhered to by more than 140 States at the time of this writing, including almost all important trading nations from the Capitalist and Socialist World as well as many developing countries. The Convention can be considered as the most important Convention in the field of arbitration and as the cornerstone of current international commercial arbitration. Korea has acceded to the New York Convention since 1973. When acceding to the Convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provisions relating to the enforcement of arbitral awards falling under the New York Convention begin at Article III. The Article III contains the general obligation for the Contracting States to recognize Convention awards as binding and to enforce them in accordance with their rules of procedure. The Convention requires a minimum of conditions to be fulfilled by the party seeking enforcement. According to Article IV(1), that party has only to supply (1) the duly authenticated original award or a duly certified copy thereof, and (2) the original arbitration agreement or a duly certified copy thereof. In fulfilling these conditions, the party seeking enforcement produces prima facie evidence entitling it to obtain enforcement of the award. It is then up to the other party to prove that enforcement should not be granted on the basis of the grounds for refusal of enforcement enumerated in the subsequent Article V(1). Grounds for refusal of enforcement are stipulated in Article V is divided into two parts. Firstly, listed in the first Para. of Article V are the grounds for refusal of enforcement which are to be asserted and proven by the respondent. Secondly, listed in Para. 2 of Article V, are the grounds on which a court may refuse enforcement on its own motion. These grounds are non-arbitrability of the subject matter and violation of the public policy of the enforcement country. The three main features of the grounds for refusal of enforcement of an award under Article V, which are almost unanimously affirmed by the courts, are the following. Firstly, The grounds for refusal of enforcement mentioned in Article V are exhaustive. No other grounds can be invoked. Secondly, and this feature follows from the first one, the court before which enforcement of the award is sought may not review the merits of the award because a mistake in fact or law by the arbitrators is not included in the list of grounds for refusal of enforcement set forth in Article V. Thirdly, the party against whom enforcement is sought has the burden of proving the existence of one or more of the grounds for refusal of enforcement. The grounds for refusal of enforcement by a court on its own motion, listed in the second Para. of Article V, are non-arbitrability of the subject matter and public policy of the enforcement country. From the court decisions reported so far at home and abroad, it appears that courts accept a violation of public policy in extreme cases only, and frequently justify their decision by distinguishing between domestic and international public policy. The Dec. 31, 1999 amendment to the Arbitration Act of Korea admits the basis for enforcement of foreign arbitral awards rendered under the New York Convention. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of the award.

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