• Herbal Formula Science
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• v.21 no.2
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• pp.29-43
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• 2013

Objectives : The aim of this study is reviewing the past legal definition and regulations, to provide basis for the future desirable direction of Korean herbal pharmaceutical industry and national herbal drug policies. Methods : We reviewed how concept of herbal medicinal preparation has been utilized and changed along with various national laws and regulations. And this study also reviewed problems related herbal medicinal preparation policies. Results : Since 1990s, especially inauguration of Korea Food & Drug Administration (KFDA) at 1998, the concept of crude drug preparation has constantly expanded and distorted the scope of herbal medicinal preparations. This resulted in decline of herbal medicinal preparation industry. Conclusions : It means policies related herbal medicinal preparation which was driven steadily during this decade have lost their consistency. Also, it restricted the various medical options which can guarantee people's health rights.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.49-68
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• 2015

In recent years in China, corresponding to a shift in consumption pattern from household basics to greater expenditure on quality of life, new franchising opportunities arise. Although the franchising prospect in China is promising, Korean companies aiming at franchising into China need to be aware of the legal framework for commercial franchise in China as this will have direct impact on their business expansion. Where franchising activities involve trade mark licence, Chinese Franchise Regulations require such trade mark licence agreement to be regulated in accordance with the relevant provisions of the Chinese Trademark Law. Furthermore where one party fails to perform his obligation and it impacts purpose of the contract seriously, the other party could avoid the contract in accordance with the relevant provisions of the Chinese Contract Law. To launch franchising business successfully in China, Korean companies do market research sufficiently before they may commence franchise business. Korean franchisor must register with local authorities in China by own name, and make Chinese partner take charge of management of the distribution network and invitation of franchisee partners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.39-70
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• 2004

On the above, character of Incoterms and CISG, applicability of Incoterms to the principles of interpretation of CISG for contracts terms, and to the regulations of delivery and payment of price in connection with applicability of Incoterms to CISG are discussed. Conclusions are as follows : Although both rules is regulations which have to understand in connection with int'l trades of goods but CISG is a comprehensive substantive law in connection with a whole dealing course. On the other hand Incoterms are detailed substantive law of performance for two important sphere, that is to say, delivery and payment in the field of performance of CISG. According to both rules, letter credit is realizing processes of detailed performance for delivery and payment. As professor of Honnold's opinion, the relationship between Incoterms and CISG is peculiar and complementary. Therefore instead of considering the both from a point of pure legal views which both rules raise many problems that still a wait well consolidated and acknowledged answers, we have th consider the both with L/C system that still constitute a main payment system. Particularly ICC and Uncitral know that they are not only directly and indirectly involved in regulating process of the both sets but also can apply Incoterms to CISG on connection with the use of L/C.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.50
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• pp.109-136
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• 2011

Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

• Journal of the Korean Society of Safety
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• v.35 no.4
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• pp.15-22
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• 2020

Scaffolding works are demolished after this structure is completed, and safety accidents often occur because they are installed differently from legal standards or frequently change during work. Therefore, in order to strengthen the safety of scaffolding, the Ministry of Land, Infrastructure and Transport required a need for design standards for temporary facilities that can systematically prevent and solve large-scale safety accidents that are repeatedly increasing during temporary construction. It has been enacted, and some contents have been revised for the past three years. However, construction site personnel do not know or know the revised matters, but often install scaffolding by the installer's experience rather than complying with relevant laws and regulations. It is the situation that the ground strength test of the foundation ground for the load applied to the floor of the column is omitted in most sites. Therefore, this study grasped the actual situation on the degree of recognition of the revised laws and regulations of the construction site and the foundation-based treatment of the floor working load of the scaffolding column, and derived problems. In addition, we intend to provide reference materials for the endurance test according to the ground conditions to small-scale small sites where it is difficult to conduct the test by carrying out the endurance test of the scaffolding ground according to the revised standards.

• International Commerce and Information Review
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• v.11 no.2
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

• Journal of the Korean Society of Safety
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• v.20 no.1 s.69
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• pp.143-147
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• 2005

Immediate responsibilities for occupational health and safety (OHS) management reside in business proprietors and supervisors whose voluntary participation in OHS educational programs, not legal sanctions, may thus lead to safe and pleasant work environments. This study investigates how to promote the effectiveness of OHS educational programs to draw voluntary participations in such programs in Korea To this end, drawbacks of current practices in OHS education are first analyzed, and then OHS related policies in advanced countries in the area of disaster prevention such as United States and Germany, are also scrutinized. Based on the preliminary investigations, the following propositions are made to lay out the foundation for promoting effective OHS educational programs in Korea: improvement of government regulations, revitalizing job training initiatives, on-site OHS education, compensation and incentive programs for OHS education. These propositions may also facilitate the deployment of disaster prevention activities across the organization and prevent various occupational disorders (for example, musculoskeletal disorders). This study emphasizes that monolithic OHS education systems led by regulatory agencies may not be efficient to ensure healthy and safe work environments. Globally competitive OHS educational systems may be established only when they are based on the health and safety requirements specified by proprietors and workers.

• Journal of Fashion Business
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• v.22 no.2
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• pp.134-149
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• 2018

The number of children wearing make-up is increasing. "Children's cosmetics" is not a legal term though it is commonly used. The purpose of this study is to analyze discussions on children's cosmetics based on news articles found on the internet. This study also identifies what products are being distributed as children's cosmetics. Keyword searches were conducted using internet portal sites. Information was extracted from news articles and Best Item 100 for children's cosmetics. The results of analyzing news articles and Best Item 100 lists are as follows : 1. There were two main discussion topics in news articles. The first topic was related to marketing(the branding and trends of children's cosmetics). The other topic was about government regulations(side effects, harmful ingredients, control, regulations, attention, proper product usage, product categorization, and the overall safety of children's cosmetics). By 2014, many articles had covered government control and regulation. However, since 2017, news articles have focused on the product categorization and the concern for overall safety has dramatically increased. 2. Three different product categories have appeared in the Best Item 100; they are cosmetics, toys, and other products. In market, consumers recognized children's cosmetics as cosmetics and also as toys. Between 2017 and 2018's Best Item, other products are dramatically down, color cosmetics and single cosmetics are on the rise, and the purchase of domestic products has increased.