• Journal of the Korea Academia-Industrial cooperation Society
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• v.17 no.7
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• pp.648-655
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• 2016

As the FTAs' implementations are accelerated, an Ex-post assessment, such as an analysis of the tariff schedule and agricultural trade has been emerging as an important national issue for an agricultural sector Korea-EU FTA, which was to be implemented in the five years from July 2016 as one of the giant FTA. The purpose of this study was to determine the demand of an ex-post assessment on agricultural sector as a trade negotiation procedural law. In addition, by providing policy direction for the agricultural policy part requiring amendments and supplements through ex-post assessment, the conflicting arguments between agricultural and non-agricultural sector can be evaluated more objectively. The current evaluation method on the economic impact ex-post assessment of a FTA is generally compared using the change in trade balance before and after the time of FTA implementation. On the other hand, this comparison cannot be said to be the pure FTA effects and objective, tightening economic impact assessment of the FTA in all combined situations, such as the effects of exchange rates and international macroeconomic changes and climate change & occurrence of pests. Over the last 4 years, however, Korea-EU FTA's total accumulated agricultural GDP loss was measured to be 2,178 billion by these research attempts with dynamic analysis as ex-post assessment methodology. The greatest impact was mainly livestock and pork followed by cereals and vegetables. In addition, this research is expected to contribute to policy evaluations in the future.

• Journal of Chest Surgery
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• v.39 no.2 s.259
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• pp.117-126
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• 2006

Background: The purpose of this study is to describe the characteristics of malpractice claims related to hemopneumothorax and to identify the causes and potential preventability of such claims. Material and Method: A retrospective study was performed by reviewing the records in the Lawnb website and Lx CD-rom: the records on closed malpractice claims involving hemopneumothorax were abstracted from the files available for analysis. The records were reviewed and were analysed to determine the etiology of hemopneumothorax, patient age, results of lawsuit and indemnity payment, underlying diseases, cause of death or complications, and the factors associated with a successful defense. Result: Seven closed claim involving hemopneumothorax were founded in the data for malpractice. Three claims were supreme court decision, one was a high court decision and three claims were district court decision. The most common cause of death was tension pneumothorax. Four of which resulted in indemnity payments. Conclusion: While malpractice claims involving hemopneumothorax were uncommon, they resulted in a high rate and amount of indemnity payments. Claims are more common in pediatric patients. In case of iatrogenic hemopneumothorax, post-procedural X-ray can improve patient outcome and is also associated with decreased indemnity risks. Informed consent is also important.

• Land and Housing Review
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• v.7 no.2
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• pp.87-95
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• 2016

Housing benefits service that was implemented according to the National Basic Livelihood Security Act in 2002 has been changed with the enactment of "Housing benefits Law"(2014.1.24). Though the service was conducted for 13 years to improve the living environment of recipient households and create self-supporting jobs for low-income, there was a limit to ensure the efficiency due to variations in the administrative act and implementation in local governments. For that reason, the sales account and the profits of self-supporting enterprises and their cooperative in housing welfare sector that played a pivotal role had gone through many ups and downs and that is why the national coalition of self-supporting enterprises that were newly formed are forced to take self-effort and play a leading role for the improvement of future beneficiaries' satisfaction, namely to develop the level of service to keep the decent jobs consistent for low-income while responding institutional policy change and the demands for improving the home-amelioration system. Accordingly, this article has attempted to supplement existing research on housing-benefits service and determine how the field can keep pace with the new institutional environment. As a result, first, Central self-supporting enterprises provide high specialized-quality services to low-income families, second, central self-supporting enterprises induce to transition customized service agencies for improving the quality of residential housing benefits, Third, Housing self-supporting enterprises should correspondence with institutional change through the provision of explicit guidelines in relating to housing-service amelioration, the last, business practical process shall be accompanied by a consistent basis for innovative and procedural standards.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.47-68
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• 2004

The problems on application for custody in CIETAC Arbitration Rule are examined in this paper. First, The issue of jurisdiction for application for custody is arisen from the expansion of material jurisdiction of CIETAC. Until 1998, CIETAC had a jurisdiction only for the cases involving foreigners, but now, it has a jurisdiction not only for the cases involving foreigners but also for domestic cases. In the cases of arbitrating disputes involving foreigners, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an intermediate people's court in the place where the object of the application resides, or where the property is located. But in the cases of arbitrating domestic disputes, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an ground-level people's court in the place where the object of the application resides, or where the property is located. Therefore, "People's court" in article 23 of CIETAC Arbitration Rule includes both intermediate people's court and ground-level people's court in its meaning. Second, in the cases that the party concerned submits arbitration to CIETAC, it is not permitted for the party to ask the people's court for custody of property before submitting an arbitration. But there still can be the urgent cases that interests of the party concerned are at stake, and legitimate rights and interests of the party concerned may be damaged beyond remedy, if no application for custody of property is filed immediately. In that cases, even if the party may apply for custody of property with the people's court after submitting an arbitration, it might be too late to preserve property. Therefore, Chinese laws and rules have to be revised so that the party may ask the people's court for custody of property before submitting an arbitration. When revising laws and rules, according to the today's legislation trends, it must be considered that court and arbitration tribunal both have a right to decide the custody of property. When arbitration tribunal decides it, the procedural provisions executing it must be provided. It is also required that China permit to apply preservation of evidence as well as custody of property before submitting an arbitration. It is also strongly recommended that China permit custody of property or preservation of evidence even in the cases that an arbitration is submitted to the arbitration institute which is located in foreign country, not in China.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.149-169
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• 2009

Integrated Pollution Prevention and Control(IPPC) has become an idealistic environmental prevention concept in developed countries and corresponds with principles of Industrial Ecology. The concept of emissions regulatory integration is a key factor for an integrated environmental management system. While most EU member countries have a cross-media regulatory system, Korea has a media-specific regulatory system which was found to have significant environmental management problems. The purpose of this study is to integrate the emissions regulatory system by resolving difficulties through procedural, organizational, and substantive analysis of integration. To this end, the following research was performed: The first task was to determine the target of the integrated emissions regulatory system. In connection with this, the "IPPC directive" of the EU and the "PPCA 2000" schedule 1 of the UK, as well as environmental laws in Korea were compared and analyzed. The second was to design a regulatory system model. This model was divided into three groups after considerations were made regarding the time it would take for the pre-application,application, and permission stages. Lastly, on the basis of this research, a revised bill for an integrated emissions regulatory system was suggested. Nevertheless, substantive analysis of integration focused on BAT requires supplementation in order to make the integrated emissions regulation system operate normally as an environmental management policy and regulation method. To this end, the specific characteristics of Korean society, culture, and law should be actively considered.

• Journal of Korea Trade
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• v.24 no.6
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• pp.101-114
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• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.29-74
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• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.