• 무역상무연구
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• 제49권
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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.

• 한국중재학회지:중재연구
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• 제30권1호
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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.

• 대한예방한의학회지
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• 제26권2호
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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.

• 법제연구
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• 제54호
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• pp.217-259
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• 2018

전면 개정된 신탁법(2011. 7. 25. 법률 제10924호)이 2012. 7. 26. 시행된 이래, 신탁법리는 그 어느 때보다 관심의 대상이 되고 있다. 최근 실무에서 신탁의 이용이 확대되고 관련 판결이 대폭 증가한 현상이 이를 대변한다. 그러나 제한된 기간에 종래 논의가 충분하지 못한 상태로 전면 개정이 이루어지면서, 그리고 법 개정 과정에서 세심한 검토가 미흡했던 까닭에, 여러 문제점들도 드러났다. 법규의 단순한 오류뿐만 아니라 규정의 불분명함을 바로잡고 관련 법률을 보완할 필요성과 함께, 새로운 규율을 위한 과제에 직면해 있다. 이에 본고는 우리법 체계에 상응하는 신탁관계의 합리적 규율을 위하여, 신탁법의 주요 규정을 중심으로 그 개정을 위한 근거와 방안을 제시하고, 이를 통해 신탁법의 개정을 촉구함과 동시에 가시적인 논의의 계기를 마련하고자 한다. 신탁법리에 상응하는 개념을 정비하고(제3조 제2항, 제36조, 제59조), 오류를 바로잡을 것이다(제18조 제1항, 제21조 제3항, 제22조 제1항, 제66조 제3항). 다른 법률과의 관계에서 개정이 시급한 규정(제11조, 제67조 제2항) 또는 일반 법리에 비추어 문제가 제기되는 규정(제8조 제4항, 제67조 제3항)을 재고하여야 한다. 그리고 신탁법의 체계에 상응하여 규정의 위치를 조정할 필요가 있으며(제3조 제3항), 보다 상세한 명시적 기준을 제시함으로써 해석상의 의문이 제기되지 않도록 하여야 한다(제8조 제1항, 제8조 제5항, 제18조 제3항, 제34조, 제56조, 제75조, 제98조, 제100조). 이와 더불어 보다 합리적인 규율을 위해(제42조 제3항, 제50조 제1항) 또는 신탁 관계인의 이익교량의 관점에서 조정이 필요하다(제8조 제4항, 제101조 제5항). 그밖에 신탁법상 제도의 활용을 위해서는 관련 법규의 보완이 절실하다.

• 융합보안논문지
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• 제21권2호
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• pp.19-28
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• 2021

산업의 디지털 전환을 촉진하고 혁신을 가속화하고자 우리나라는 디지털 뉴딜 정책을 추진하고 있다. 그러나 엄격한 기존의 데이터 관련 법제 하에서는 디지털 뉴딜정책을 위한 산업계의 데이터 활용에 여전히 제약이 있는 상황이다. 이러한 문제를 해결하기 위해서 데이터 3법 개정안이 발의되었으나 실제로 산업계의 데이터 이용 활성화에 어떠한 영향을 미칠지에 대한 논의는 아직 부족한 상황이다. 이에 본 연구에서는 데이터 3법에 대한 여론의 인식을 분석하여 데이터 3법 개정안의 시사점을 분석하고자 한다. 이를 위하여 데이터 3법 개정안과 관련 연구동향을 분석하고, 빅데이터 분석 기법을 이용하여 데이터 3법에 대한 인식을 분석하였다. 분석결과에 따르면 데이터 3법은 개정 취지에 부합하게 데이터 산업 활성화를 촉진하는 반면에 특정산업 분야에 치중될 우려가 있는 것으로 나타났다. 본 연구의 결과는 빅데이터 분석을 통해 시행 초기인 데이터 3법의 산업영향에 대한 온라인 인식을 분석함으로써 향후 개선방안에 대한 시사점을 제공한다는 점에서 의의가 있다.

• 통상정보연구
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• 제6권1호
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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.

• 수산경영론집
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• 제54권4호
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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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• 제10권2호
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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.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2018년도 춘계 학술논문 발표대회
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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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• 제15권2호
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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