• Journal of Navigation and Port Research
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• v.27 no.1
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• pp.1-8
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• 2003

The purpose of this paper is to suggest the regulatory system to the shipping adn Port division. This paper indicates that the regulatory system of Shipping Port, and Logistics division in Korea in the first step and there need to introduce new regulatory quality management system such as Regulatory Import Analysis(RIA). This paper makes new collection criteria based on OECD(1993) standard, and applies to 314 regulation to collect the need to be deregulated, and 5 regulation thar need to introduce new regulatory system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.189-223
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• 2007

In Korea-U.S.A. FTA Negotiation, U.S.A. request to eliminate barriers of tariffs and non-tariff in trade of cosmetics. Korea applies tariffs of 8% on most cosmetics and personal care products. There are some non-tariffs barriers in cosmetics trade between Korea and U.S.A., for example, transparency on restriction and regulatory, cosmeceuticals, import clearance review, quality control testing, ingredient labelling. Tariffs of 8% on most cosmetics should be eliminated, a proviso of complementary measures on sanitation of Korean people about imported cosmetics. This is a meaning of reformation of prior management(tariffs) by strong ex post management in cosmetics trade. It is important that Korea should construct system of ex post management, for instance, construction of data base on manufacturer, importer, bland name of cosmetics and all ingredients of cosmetics. This is concerned with labelling of cosmetics and cosmeceutical and publication of Korean edition of INCI(International Nomenclature of Cosmetic Ingredient).

• Journal of Advanced Navigation Technology
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• v.27 no.6
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• pp.699-709
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• 2023

As the global air traffic volume has shown a rapid increase, doubling every 15 years since 1977, domestic and international air traffic control services and air navigation safety facility operation management system and status review It is necessary to present the feasibility of establishing an air traffic control agency with integrated functions and establish an operating system for an independent dedicated agency to provide advanced air traffic control services in preparation for the future air transport environment. In particular, in 2021, the national ATM reformation and enhancement (NARAE) a customized comprehensive plan for operations, facilities, and systems to handle air traffic safely and efficiently by actively reflecting changes in the navigation environment such as international policies and standards as this is established, the role of the air traffic control agency becomes more important, and an improved action plan for the control and navigation operating system must be promoted.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.157-179
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• 2004

Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

• Safety and Health at Work
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• v.9 no.4
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• pp.365-371
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• 2018

This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health (OSH) legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested. A literature search of OSH laws of 10 selected low- and middle-income countries was carried out. The laws were subjected to uniform review criteria. Although the agricultural sector employs more than 70% of the population, most of the reviewed countries lack OSH legislation on the sector. Existing OSH laws are gender insensitive, fragmented among various government departments, insufficient, outdated, and nondeterrent to perpetrators and lack incentives for compliance. Conclusively, the legal frameworks require reformation and harmonization for the collective benefit to employees, employers, and regulatory authorities. New OSH legislation for the agricultural sector is required.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.87-94
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• 2013

The existing legal regulations that indiscriminately distributed various illegal information on the information network are discussing focused on civil liability and criminal liability. however, at this paper that approached with problem of police responsibility as a target of the exert of police authority for blocking illegal information on the information network. based on this recognition, this paper propose the problem and reformation about the present Information Communication Networks law's 7 of Article 44, Section 2 that for prompt blocking illegal information on the information network, not about direct regulatory approach to a person in charge of act but about the information network service provider which is a person in charge of condition.

• The Journal of the Korea Contents Association
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• v.16 no.11
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• pp.716-730
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• 2016

The meaning and role of science culture based on such values as rational thinking, creativity, critical validation has been growing in the process of discussing various social problems. In order to diffuse science culture, it is important to sustain citizen's activeness by providing contents which can induce interest on the base of two-way communication between public and experts and to support citizen activities performed voluntarily. To that end, various people such as scientist, government policymaker, communicator, those in charge of culture and art, exhibition curator should make up collaboration system and such requirement as motivation, leadership, agreement between the participants, communication, trust relationship is also to be met properly in order to proceed collaboration efficiently. This study reviews how these factors are coming true in governmental project for science culture and develops proposal for improvement on the base of opinions collected through expert meetings, interviews, workshop and data research. In addition, it explains that government must strengthen scientific cultural project personnel and lay infra such as communications hub, regional center, platform and improve the business selection method to promote competition and collaboration among project participants with reformation of reward and regulatory systems. It is performed to suggest comprehensive ways to increase efficiency of project for science culture out of not the deficit model which regard public as passive acceptant but context model or PES(public engagement in science) that take public who focus his attention and participate actively into account.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'