• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.213-236
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• 2011

Korea Shipping Act admits shipping conferences' joint actions like rate agreement, sailing agreement in some degree for development of shipping transport industries for decades. Meanwhile, EU has prohibited all kinds of shipping conferences' joint actions since October 2008, and many advanced countries also have similar position on shipping conference. The balance development between shippers and ship owners is very important in terms of national economic growth. So it is appropriate time to revise related laws such as Shipping Act and Monopoly Regulation and Fair Trade Act. First, It is direction for revision of Korean Shipping Act. The act has to define precisely the criteria of "unfairness" in case of admitting of shipping conferences' joint actions. Shipping conferences have a conference with shipper or shipper's delegation substantially on freight and transport conditions and so on. Second, It is direction for revision of Monopoly Regulation and Fair Trade Act. The fair trade commission has to perform fair roles between shippers and ship owners. The judgement of fairness has to confirm according to the spirit of not Korea Shipping Act but Korea Monopoly Regulation and Fair Trade Act itself.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.3-37
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• 2020

The Korean Arbitration Act (KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration. Korea is trying to be an international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. KAA was revised in 2016 again in order to reflect the criticisms against the previous KAA, changes in the arbitration environment, and the 2006 amendment to the UNCITRAL Model Law. The basic direction of the revision was to maintain the UNCITRAL Model Law system and to deal with the national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitral tribunals, recognition/enforcement of arbitral awards, and their annulment. This paper aims to introduce the important issues of the 2016 revision of KAA, to offer important information discussed in the process of revision, and thus to help those concerned in the interpretation and implementation of KAA. The 2016 revision of KAA is expected to help greatly in promoting not only the national arbitration, but also the international arbitration in Korea.

• Journal of Society of Preventive Korean Medicine
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• v.26 no.2
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• pp.69-74
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• 2022

Objective : This study was aimed to review the Act on the Promotion of Korean Medicine and Pharmaceuticals. Method : We searched document about the Act on the Promotion of Korean Medicine and Pharmaceuticals. We used Korean Law Information Center(https://www.law.gov.kr) to find the revision of the act. Results : We looked at the current status of the revision of the Act on the Promotion of Korean Medicine and Pharmaceuticals, and the law was revised four times in total. Through the revision of the law, the definition of Korean medical practice was not only expanded, but also the establishment and role of National Institute of Korean Medicine Development were extended. Specific descriptions of Korean medicine technology will be needed in the future, and laws that are less effective should be revised and the role of National Institute of Korean Medicine Development should be further strengthened. Conclusion : For the future of Korean medicine, in-depth consideration is needed on how to foster oriental medicine.

• Journal of Legislation Research
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• no.54
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• pp.217-259
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• 2018

The Trust Act, which was first enacted back in 1961, was fully revised on 25. July 2011 and enacted on 26. July 2012. The Act is a fundamental norm governing trust relation, so the revision was expected to play an important role to promote trust institutions. However many problems were also revealed after the enactment. The Act has already inherent limitations because the previous discussions were not enough and the amendment process was not meticulously reviewed. Now it is needed to consider the comprehensive amendment of the Act reflecting detailed legal doctrines developed hitherto by the courts and the legal academia. This paper aims to call for the revision of the Act and to propose the ways and the grounds for revision. The purpose of the revision is to rectify obvious errors on several provisions, to minimize legal uncertainty by presenting detailed rules on many issues, to enhance the coherence and consistency between the rules along with supplementing the relevant laws, and to strike a proper balance between the parties.

• Convergence Security Journal
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• v.21 no.2
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• pp.19-28
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• 2021

Korea is promoting a digital new deal policy for the digital transformation and innovation accelerating of the industry. However, because of the strict existing data-related laws, there are still restrictions on the industry's use of data for the digital new deal policy. In order to solve this issue, a revised bill of the Data 3 Act has been proposed, but there is still insufficient discussion on how it will actually affect the activation of data use in the industry. Therefore, this study aims to analyze the perception of public opinion on the Data 3 Act and the implications of the revision of the Data 3 Act. To this end, the revision of the Data 3 Act and related research trends were analyzed, and the perception of the Data 3 Act was analyzed using a big data analysis technique. According to the analysis results, while promoting the vitalization of the data industry in line with the purpose of the revision, the Data 3 Act has a concern that it focuses on specific industries. The results of this study are meaningful in providing implications for future improvement plans by analyzing online perceptions of the industrial impact of the Data 3 Act in the early stages of implementation through big data analysis.

• International Commerce and Information Review
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• v.6 no.1
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• pp.213-235
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• 2004

As national income of a country increases, people's needs for the services are also increasing. Recently, Korea has been confronted with deficit of service account in BOP, despite surplus of goods account. We can suppose that the reason why service deficit has been occurred continuously is mainly due to the system of Korean Foreign Trade Act which exclude the regulation of trade in services. That is, the Act could not regulate trade in services in Korea. So, Korea could not promote the export strategies for trade in services. This paper focuses on discovering the substitutional strategies for the revision of Foreign Trade Act in Korea. As a result, it was concluded that Foreign Trade Act in Korea should be reestablished fundamentally and also should include the articles related to trade in services and trade in goods simultaneously.

• The Journal of Fisheries Business Administration
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• v.54 no.4
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• pp.1-18
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• 2023

This study examines the significance and problems of the Fourth Amendment to the Fisheries Act, which went into effect in January 2023. Following the passage of the Aquaculture Industry Development Act, the fourth amendment to the Fisheries Act sought to reform the fisheries legislative framework, while also including significant changes. In particular, a number of new systems for managing fishing gear have been implemented, and local governments now have some autonomy in fisheries management, which has allowed for adjustments to be made to meet the needs of the fishing industry and changes in socioeconomic situations. However, as independent legislation for each fisheries sector continues, the subject of regulation under the Fisheries Act, as well as the Act's position as a basic legal system, has been continuously reduced, overshadowing the Act's objective. As a result, a full-fledged assessment of changing the legislation's name in the future is required, as well as addressing issues such as the lack of difference in the legislative purpose clause and the necessity for further revision of the definition clause. Therefore, any future revisions to the Fisheries Act should aim to overhaul the existing framework, including fishing licenses and permits.

• International Journal of Advanced Culture Technology
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• v.10 no.2
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• pp.154-161
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• 2022

The Korean government has recently invigorated the activities of public diplomacy. It is based on the Public Diplomacy Act enacted in 2016. However, there is a widespread concern that it was belatedly enacted and showed necessity to a revision. We believe that this paper contains three contributions which were not sufficiently addressed before. First, we identify the current state of public diplomacy-related legislation in Korea. Second, we argue the necessity to critically review the legal adequacy of Public Diplomacy Act with a consideration of rapidly changing external environment. Lastly, we propose several ways of revision for the future development of public diplomacy in Korea. When revising the Act, it is necessary to make clear a legal connection between the general law and the special law as in the case of the Korea Foundation Act and the Public Diplomacy Act. In this regard, it is worth examining the relationship between the Framework Act on International Development Cooperation and related norms. In addition, the role of the private sector and subnational governments should be expanded. For this purpose, a method and level of cooperation with the private sector should be clearly defined.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2018.05a
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• pp.312-313
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• 2018

As global climate change leaded to extensive natural disaster and radical deterioration of infrastructures, there was increased attentions for the evaluation of infrastructures. After the collapse of Seongsu Bridge in 1994, Korea has enacted the "Special act on safety and maintenance of facilities" and secured the safety of facilities using systematic and periodic safety inspections. However, current facility inspections are mainly performed by the physical defect and structural analysis, and do not properly consider the serviceability of infrastructure such as capacity of facility and user's satisfaction. Thus, the purpose of the study is to develop an evaluation criteria for serviceability of infrastructures and finally leading to the revision of "Special Act on safety and maintenance of facilities in rational manner.

• International Journal of Internet, Broadcasting and Communication
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• v.15 no.2
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• pp.49-59
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• 2023

In accordance with the revision of "Special act on the safety control of publicly used establishments", this study is aim to measure the change in evacuation time due to whether safety facilities, etc. are installed of a room escape cafe business and kids cafe business(hereinafter referred to as "New publicly used establishments"), which were added as new targets of the publicly used business from June 8, 2022. In the case of new publicly used establishments or publicly used establishments whose owners are changed after the revision of the relevant laws, safety facilities, etc. are installed and maintained under the "Special act on the safety control of publicly used establishments", but in the case of existing businesses that have been operating even before the revision of the law, the business continues without safety facilities, etc. installed because the revised law is not retroactively applied. The purpose of this study is to compare and analyze the change in evacuation time by measuring the evacuation time to operating before the revision of the law to simulate evacuation at existing new publicly used establishments without safety facilities, etc. and measure the evacuation time at new publicly used establishments with safety facilities after the revision of the law