• International Commerce and Information Review
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• v.9 no.2
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• pp.307-325
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• 2007

Examining the standards of review adopted by the dispute settlement body of the WTO in its decision on safeguard measures, the Appellate Body offers no coherent guidance or theory as to the legitimation of the safeguard measures adopted by the domestic authorities. It faults the lack of reasoned and adequate explanation in the national authorities' decision to impose safeguard measures, yet its own explanation of the permissible role for safeguard measure could hardly be less instructive. The Appellate Body has consistently emphasized fidelity to text in its decision but that approach can not work properly when the text is fundamentally deficient from the viewpoints that neither Article XIX nor the safeguard Agreement establish a coherent foundation for safeguard measures due to their vague and abstract provision. Without any coherent theory on guidance as to the legitimation of the safeguard measures, it would be absurd to expect WTO members to produce a reasoned and adequate explanation as to how their safeguard measures are in compliance with the WTO roles. In the absence of a thorough renegotiation for the proper operation of the WTO safeguard system, which seems quite unlikely for the foreseeable future, perhaps the unique method out of the current predicament is for the Appellate Body to lead a movement in establishing a sensible common law of safeguards, drawing on extra-textual guidance including the standards of review about their proper role in the WTO safeguard mechanism.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• International Commerce and Information Review
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• v.13 no.1
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• pp.271-298
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• 2011

This paper seeks the proper and efficient operation of Korea's safeguard mechanism by examining the judicial interpretation and application of the safeguard measures under the WTO Safeguard Agreement. The judicial examination is focused on the terms of "unforeseen development" in GAIT XIX, "evaluation of all relevant factors", and "clear justification of measure" in Safeguard Agreement. Such an intensive examination. of the judicial interpretation is used for the comparative analysis of the Korea's domestic provisions to find out problems in operation and the interpretative and legislative responses to them. It is found that the Korea's adaptation of the Safeguard Agreement into the domestic provisions and the operation of such provisions in the practical field have generally been consistent with the WTO's basic principles and provisions. Korea's safeguard mechanisms should stably be operated for securing the proper protection of domestic industry under certain emerging circumstances. For such policy objective to be ensured, it is legislatively required to make additional provisions in line with the appellate body's consistent interpretations of the debating issues including the term of unforeseen development.

• The KIPS Transactions:PartC
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• v.10C no.2
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• pp.125-132
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• 2003

In the paper, we can select the best safeguard as proposed the definite and systematical method and procedure on risk mitigation of risk management for information system. The practical risk mitigation methodology has a good fulfillment procedure and a definition to fulfill procedure on each phase. So, it is easy to fulfill and can apply to any risk management methodology. The practical risk mitigation is composed of 6 phases, which are the existing safeguard assessment, safeguard means selection, safeguard technique selection, risk admission assessment, cost-effective analysis and safeguard embodiment. The practical risk mitigation's advantages are as follow. Efficient selection of safeguards to apply to risk's features with safeguard's means and techniques before embodying safeguards. Prevention of redundant works and security budgets waste as re-using the existing excellent safeguards through the existing safeguard assessment. Reflection of organization's CEO opinions to require special safeguards for the most important information system.

• 제어로봇시스템학회:학술대회논문집
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• 1988.10b
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• pp.885-890
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• 1988

This is a successive study of the development and application of an electronic safeguard system for elderly men (senile dementia patients) who wander without purpose because of declined mental capability, while retaining their physical ability. The new safeguard system is designed with some additional functions on the basis of the previously developed system. Firstly, alarms are designed not to disturb other patients at night, so that informations about doors from which the patients go out may be transmitted to helpers individually by radio paging system. Secondly, the system hardware can be set up anywhere without laying particular signal transmission cables, provided that there exist AC power distribution lines for the utilization as a transmission line of signals to alarm indicators. Thirdly, it is possible to have a grasp of the whole states of the safeguard systems at the center of operation by monitoring the operational state of each system with a necessary data acquisition according to its instruction through telecommunication network. Thus, each safeguard system can be economically supplied to the special nursing homes and the helpers are ensured more released from physical and psychological burdens so that they can devote themselves to the care of senile elderly men, thereby improving their patients' comfort and human dignity.

• Journal of Korean Society of Transportation
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• v.26 no.5
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• pp.29-40
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• 2008

Police agency is indicated that the number of children's traffic accident is tending downwards, however about one child is dead every day due to traffic accident. Major parts of the accidents happen during walking; among the rest, jaywalking is the biggest reason. Many accidents take plate on the road to school or near the home so government legislate children safeguard zone at 1995. According to the legislation, drivers have to reduce speed and there are safety facilities for children at children safeguard zone. This study finds the problems of children safeguard zone and suggest more effective and quantitative method for children safeguard zone. Firstly this study grasps the characters of children's pattern movement and children's traffic accident at children safeguard zone and then divides specific danger factors of children's traffic accident at children safeguard zone. Secondly, each factor is given danger level depending on danger degree and suggests effective method for assignment standard of children safeguard zone using all of these things.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.237-266
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• 2009

KORUS-FTA are consist of articles 8. In order to the subjects are, application of a safeguard measures, conditions and limitations, provisional measures, compensation, global safeguard actions, definitions, antidumping and countervailing duties, committee on trade remedies. In especially, regarding application of a safeguard measures under KORUS-FTA, if as a result of the reduction or elimination of a customs duty under this agreement, an originating good of the other party is being imported into the territory of a party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the party may: suspend the further reduction of any rate of customs duty on the good provided for under this agreement; increase the rate of customs duty on the good to a level not to exceed the lesser of: the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force; or in the case of a customs duty applied to a good on a seasonal basis, increase the rate of duty to a level that, for each season, does not exceed the lesser of: the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date of application of the safeguard measure; and the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date this agreement enters into force.

• Journal of Korean Society of Environmental Engineers
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• v.30 no.12
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• pp.1245-1254
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• 2008

Proposing a method for the estimation of the social cost for global warming impact (external cost) is the aim of this paper. Both the endpoint approach and conjoint analysis were applied to estimating the social cost for global warming. The endpoint approach was used to assess the damage on the safeguard subjects by global warming due to the emission of greenhouse gases into the atmosphere. The conjoint analysis was used to estimate the economic values for safeguard subjects which measure the social preferences and willingness to pay (WTP) on safeguard subjects. The economic values of human health and social asset were estimated at 62,261,700 Won / DALY (yr) and 10,000 Won / 10,000 Won, respectively. Moreover, cost factors of GHGs were calculated by multiplying the damage factor which is quantified the unit damage on safeguard subject and the economic value. In the case of CO$_2$, the cost factor was calculated at 13.52 Won / kg (13,520 Won / ton). External cost of products or services can be calculated by multiplying the GHG inventory result of products or services by the cost factor of each GHG. inventory.

• Proceedings of the Korean Nuclear Society Conference
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• 1999.05a
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• pp.181-181
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• 1999

• Journal of the Korea Safety Management & Science
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• v.7 no.5
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• pp.135-153
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• 2005

자가통제평가(CSA : Control Self Assessment)는 핵심사업 목적을 달성하는데 개입되는 위험 그리고 그러한 사업위험을 관리하기 위하여 설계된 내부통제를 공식적이고 문서화된 협력적 프로세스에 의하여 검토하기 위하여 사용되는 방법론이다. 현재 많은 기업에서 효과적인 조직통제와 비즈니스 프로세스 개선을 위하여 전문 감사인과 경영인들이 기업지배구조 조직의 강력한 위험관리 도구로서 자가통제평가의 필요성을 강조하고 있다. 자가통제평가는 해당 조직의 담당부서나 팀에서 내부통제평가를 통하여 내부통제상의 재무보고, 준법, 사업 및 운영상의 효율성 등을 확보하기 위해서 설치되며, 효과적인 모니터 장치로서 기업지배구조상의 업무 프로세스를 정비하고 업무에서 발생하는 제반 정보의 흐름을 원활하게 해서 조직에게 손해가 발생할 수 있는 여러 가지 위험으로부터 회사를 사전에 차단하는 기능을 한다. 이러한 부분에서 효과적인 자가통제평가 시스템을 구축하는 것이 중요할 것이다. 본 연구에서는 e-Business 관련 기업지배구조의 안전성을 확보하기 위한 자가통제평가 모델에 대한 개발 필요성과 관련 자가통제평가 세가지 기본 모델들을 통하여 장단점을 제시하고, 자가통제평가 모델의 필요성을 논의하였다.