• Journal of Science and Technology Studies
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• v.19 no.2
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• pp.41-83
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• 2019

Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.

• Informatization Policy
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• v.26 no.1
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• pp.83-105
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• 2019

The purpose of this study is to analyze the domestic and overseas laws and regulators' decisions related to zero-rating (ZR) practices through a comparative approach and to support development of the ex-post regulation. Although most countries are adopting ex-post regulatory approaches toward the globally increasing ZR practices, there is no uniform standards or an approach to consider when deciding whether to allow mobile ISPs' zero-rating practices in the market. However, in recent years, some countries have been improving their policy transparency with respect to ZR through enacting and amending relevant laws as well as making trial decisions. The comparative analysis shows that each country investigates restriction of the user choice and ISPs' adherence to the obligation of non-discrimination in order to judge whether the user benefits are damaged by the ZR practices. It also investigates ISP-CP's market positioning and ISP's vertical integration for profit squeeze to find out whether they harm fair competition with ZR practices in the mobile ecosystem. Based on the results of the comparative analysis, we suggest the desirable ZR regulatory directions under the domestic legislative status.

• International Area Studies Review
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• v.22 no.3
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• pp.255-292
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• 2018

This paper evaluates the new food policy adopted by the European Union to enhance the food safety after the mad cow crisis occurred in 1990's. Newly introduced rules at the EU level are characterized by two features. Firstly, an important part of them have the form of Regulation which is a binding legislative to all member countries. Secondly, most of them are horizontally applied to the whole food industry, irrespective of their kinds of performance, hygiene or labelling. According to theoretical studies on this topic, any food safety regulation for solving adverse selection problem or reducing negative externality in food consumption should be fine-tuning depending on the concrete demand and costs conditions of the food sector concerned. In this theoretical perspective, the food safety laws introduced at EU level after mad cow crisis have been over-regulated for improving social welfare. The true motivation for the transfer of the policy competence on food safety to the Union level is political rather than economic. Our analysis with a political economic perspective shows that how the EU food regulations have been embraced not only by the governments of member countries, but also by diverse interest groups like food processor & distributors, consumers and agro-livestock groups, and that they have been used as protectionist purpose specially against non-member developing countries. Taking into account the fact that the basic aim to form the Union is to establish a single market to enhance economic efficiency at the Union level, the EU is required to adopt some policy actions to reduce negative effects of too restrictive food safety regulations.

• Iberoamérica
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• v.23 no.2
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• pp.55-91
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• 2021

This article dealing with the political participation of Argentine Conservative Protestants tried to examine the effect of such political participation on democratic values and order. To this end, it focused on the subject of religious equality and freedom, and issues of same-sex marriage and sex education. First, the demands of the Protestants, who insisted on the equal treatment of all religions by correcting the religious discrimination policies, a legacy of the colonial era and the military regime, are very natural and self-evident, when we presuppose the value of a democratic society based on political equality and human rights. It can be said that it has contributed to the democratization of society by aiming to solve the old problems of society. But when it comes to same-sex marriage and sex education, things are quite different. Without considering the social situations of the socially disadvantaged or minorities, or the legislative purpose of defending their rights, they insist on only their teachings of scriptures or ethics, even within Protestantism, there is a disagreement on interpretation. These theocratic views and exclusivist attitudes can seriously infringe on the human rights or freedoms of people of different religions, or different choices about marriage or sexuality, among other things. It can be a serious threat to democratic order and values.

• 지역과문화
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• v.7 no.2
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• pp.57-84
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• 2020

The Literature Museum Network aims to realize the legislative purpose of the Literature Promotion Act and achieve balanced development of local literature centers across the country. In the Literature Museum Network, the literature museum network support center will be established by region to take charge of cooperation projects between local literature centers, which will be the culmination of the National Literature Museum of Korea. It is intended to test-run various projects planned by the Munhakwan Network Support Center to create derivative contents, or to establish a regional hub literature center in charge of education and other affairs of the literature museum's workforce. If the existing metropolitan administrative districts are used to form zones, the entire country can be organized into four zones. They include the Seoul-Gyeonggi Literature Museum Network (23 local literature centers), the Gangwon Chungcheong Literature Museum Network (32 local literature centers), the Yeongnam Literature Museum Network (30 local literature centers), and the Honam Jeju Literature Museum Network (22 local literature centers). One literature museum network support center will be established for each region and one local literature center will be selected as the hub literature center. The Literature Hall Network Support Center is in charge of collecting and managing literary materials, developing contents and programs, promoting and foreign cooperation, etc. The hub literature museum will be in charge of pilot operation of content and programs, training and education of experts in the literature museum, and running joint storage facilities. This structural system and efficient operation of the literature museum network will ultimately provide an opportunity for the formation of cultural governance in which the power and public nature of the establishment of literary promotion infrastructure are secured.

• Korean Journal of Construction Engineering and Management
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• v.23 no.6
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• pp.43-53
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• 2022

In many cases, the construction industry in Korea has a hierarchical structure in which a general contractor in charge of the entire project is subcontracted from the client and entrusts the construction to a specialty contractor in charge of detailed work types. In this structure, the general contractor manages and takes responsibility for the entire construction, but the person directly involved in the construction is an individual specialty contractor, so the quality and safety of the facilities will vary according to their construction and management capabilities. In order to solve quality and safety problems that may arise due to the difference between the person receiving the order for construction and the person who actually constructs it, it is necessary to let the person who receives the order perform the construction directly for projects under a certain amount. The system introduced for this purpose is the direct construction mandatory system. As described above, although this system was introduced to prevent bad construction and risk transfer, it is a system that has various problems due to the characteristics of the domestic construction industry, institutional limitations, and practical problems, so it is necessary to improve it legally and institutionally.

• Journal of Technology Innovation
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• v.31 no.1
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• pp.149-173
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• 2023

The purpose of this paper is to analyze the effect of government R&D subsidies on business performance of SMEs in the field of Land, Infrastructure, and Transport. To this end, based on domestic and foreign literature, the performance derived through R&D was classified as primary and secondary parameters, and the commercialization program operated by the government was set as a moderating variable. Regression analysis, double mediation analysis, and moderated mediation effect analysis were used to confirm the effect of government R&D subsidy on project performance and process. As a result of this study, it was confirmed that government R&D subsidies have a significant effect on corporate management performance, and it was confirmed that the primary performance such as papers and patents and the secondary performance such as prototypes and legislative revisions have a double mediating. In addition, when the commercialization program was applied to the first and second parameters, it was confirmed that it played a moderated mediating effect. The results of this study are expected to be used when establishing government R&D support plans to expand business performance and economic effects in the future.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.177-187
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• 2023

The Ship Safety Act prescribes matters necessary for the maintenance of seaworthiness and safe navigation of ships. In this regard, Article 10 of this Act requires shipowner to undergo occasional survey if he/she wants to temporarily change intends to modify the details entered in a ship survey certificate. Such measures are in accordance with the maintenance of the state of the ship after the ship inspection under Article 15 of this Act, and this Act includes "harbor construction work ship" under Article 39 Paragraph (1) of the Harbor Act. However, although the harbor construction work ship originally showed the same operating system as the barge, it was not applied to the Ship Safety Act and was registered and surveyed under the Construction Machinery Management Act. Then "Seokjeong No. 36" sinking accident in Ulsan on December 14, 2012, led to the amendment of the Harbor Act in 2016, and considering the fact that it was added to the Ship Safety Act and applied, there is a realistic limit to applying all the regulations stipulated in the Ship Safety Act to the harbor construction work ship. Accordingly, this study discusses the work characteristics through concept, registration, work area, survey regulations, application case of temporary alteration etc. of harbor construction work ships and controversial issues related to the scope of application of the Ship Safety Act of actual harbor construction work ships, and also the appropriate scope of "temporary alteration" among temporary inspections prescribed in Article 10 of the Ship Safety Act in consideration of the legislative purpose of incorporating harbor construction work ships into the survey subject to the Ship Safety Act in accordance with the revision of the Harbor Act.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.