• Journal of Advanced Marine Engineering and Technology
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• v.40 no.9
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• pp.859-867
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• 2016

Bunker oil is an essential expense, and it is a high cost in ships' operations. Therefore, it forms an important part of the work shipowners do to minimize losses during operations. With bunkering disputes consistently occurring, bunker surveyors could be employed by shipowners through them and bunker survey companies signing a contract for a bunker surveyor service. Bunker surveyors could play the role of independent contractors and issue statements of fact in relation to bunkering. However, it would be impossible for bunker surveyors to immediately resolve a bunkering dispute since their role and the legal status is not clear while bunker surveys are being conducted on ships. Thus, this study sets out to define the legal status and liability of bunker surveyors and to seek an additional role for them when bunkering disputes occur.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.223-259
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• 2020

With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

• Science of Emotion and Sensibility
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• v.25 no.2
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• pp.31-44
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• 2022

Power and status are core elements that distinguish social classes and strongly influence social interaction. Although they are the foundation of social influence, they have different origins (Fragale et al., 2011). While power usually is based on personal ability or legal, institutional legitimacy, status is rooted in voluntary support from other people. Hence, whereas people with power often demonstrate egoistic behavior, those with high status show relationship-based altruism (Hasty & Maner, 2020). People recognize the difference between the two and have stereotypical beliefs or expectations about the people's behavior with high power or status (Magee, 2009). The current research tested how the judgment on social exclusion, the unique social influence of power and status, changes depending on the actor's power and status. We constructed social exclusion scenarios in which we manipulated actors' power and status and asked participants to rate an actor's pain and behavioral fairness. Participants' ratings showed that the actor's fairness and pain would differ depending on the actor's power and status (Expt. 1), which is consistent with the stereotypes above. In particular, the significant effects of the actor's anonymity in the cases of low power and high status (Expts. 2A, 2B) provide further evidence for the proposal that status but not power originates from voluntary support from others.

• Korean Journal of Childcare and Education
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• v.10 no.4
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• pp.5-28
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• 2014

South Korea has strengthened the eligibility criteria for childcare teachers while amending the Infant Care Act in January 2005 in order to improve the quality of childcare services. Since then, there was a change in the legal basis related to childcare staff such as introduction of national certification of childcare center directors, name change, strengthened qualification standards for directors and teachers, training system maintenance and repair, strengthened credit standards of teachers' care related qualification courses, and maintenance provisions of continuing education nursery teacher qualifications. And that is because childcare staff are closely related to the quality of childcare, and a very important variable who has direct influence on infants. This study, through literature research and analysis, describes the status and development direction of childcare staff. This study covers three main aspects. First, the relevant historical flow was reviewed and the concepts of the role, expertise, and legal status of childcare staff were investigated. Second, staff training institutions, emissions certification, employment, and the status of treatment were investigated. Third, development direction for the training system, eligibility criteria, continuing education and its training system, and treatment improvement were proposed.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.2
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• pp.207-223
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• 2008

The launching of the Taepo-dong 1 on 31 August 1998 by the North Korea was the first case where the diplomatic protests was made against the flight, the purpose of which, the launching State claimed, consisted in space exploration and use. It is the principle regarding the freedom of space exploration and use, as included in the international treaty, that is relevant in applying the various rules and in defining the legal status of the flight. Its legal status, however, was not actually taken into account, as political negotiations leading to the test moratorium has been successful until present day in freezing the political crisis. This implies that the rules of the law lack the validity and logic sufficient in dictating the conduct of the States. This case shows that, in effect, it is not the rule but the politics that is to govern the status of the flight.

• Korea Trade Review
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• v.48 no.4
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• pp.149-168
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• 2023

Through an examination and analysis of straight bills of lading and sea waybills in the context of English, U.S.A and Korean law, and relevant international conventions on maritime transport, the following results were obtained: Prior to the enactment of U.K.'s the Carriage of Goods by Sea Act in 1992, straight bills of lading had functional differences between countries. However, after the enactment of this law, negotiable bills of lading obtained the same legal status and functionality in both Korea and the United States, as well as in the UK. As for sea waybills, all three countries treated them with the same contractual and legal status. In other words, they serve as receipts for the transported goods and act as evidence of the maritime transportation contract. Nevertheless, they are non-negotiable, and the delivery of goods can be made to the consignee or their agent based on their identity. However, the transfer of ownership rights over the goods or acquisition of legal rights against the carrier cannot be achieved through the transfer or endorsement of Sea Waybills.

• KDI Journal of Economic Policy
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• v.9 no.4
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• pp.137-158
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• 1987

공기업 민영화에 따른 정책과제는 공기업의 정부보유주식(政府保有柱式)의 매각량(賣却量) 및 매각가격결정(賣却價格決定)과, 시장구조(市場構造)가 독점(獨占)인 경우 민영화 이후 효율성 확보를 위한 시장경쟁(市場競爭) 제고방안(提高方案) 및 이에 따른 기존 정부규제의 완화방안으로 요약될 수 있다. 본고(本稿)에서는 이러한 정책과제들의 상호관련성을 규명하고 민영화 이후의 규제완화방안(規制緩和方案)을 제시하였다. 분석방법으로는 시장이론(市場理論)을 이용하여 시장독점(市場獨占) 및 정부규제(政府規制)의 문제점을 도출하였고 아울러 공기업에 대한 규제실태(規制實態)를 법적근거(法的根據)를 중심으로 조사하였다. 분석의 결과에 의하면 민영화 이후 독점기업(獨占企業)에 대하여 법적(法的)-제도적(制度的)인 각종 정부규제나 독점적 지위를 완화하고 경쟁도입(競爭導入)을 확대하는 것이 전통적인 독점기업규제(獨占企業規制)보다 더 바람직할 것으로 판단되며, 소비자(消費者) 보호측면(保護側面)의 가격규제(價格規制), 공해규제(公害規制), 제품(製品)의 안전도규제(安全度規制) 및 작업량안전관리규제(作業量安全管理規制) 등과 같은 사회적(社會的) 규제(規制)는 산업의 자율성 부여의 일환으로 점차적인 완화가 요망된다. 아울러 민영화 이후에 경영평가제도의 운용에 대한 재고가 요구되며 "정부투자기관관리기본법(政府投資機關管理基本法)"의 운용에 있어 본래의 취지에 배치되는 경직성은 배제되어야 할 것이다.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2013.10a
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• pp.196-198
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• 2013

Navigation of ships is mainly being performed through high sea, but inbound/outbound vessels to a port are characteristic of going via territorial sea of coastal countries. At territorial sea, all ships are under the influence of korea' sovereignty and enjoy innocent passage on the basis of UN Convention on the Law at the Sea(UNCLOS). But in the practical points of view, we want to examine legally on these issues, because we have no clear criteria for reasons about anchor except anchorage and innocent passage at territorial sea prescribed at national laws, moreover it can be used maliciouly.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2023.11a
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• pp.47-48
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• 2023

보안검색은 항공보안에서 가장 핵심적이고 기본적인 분야이다. 9.11 테러 이후 전 세계적으로 보안검색이 강화되었으나 보안검색단계에서 위해물품을 색출하는 것에는 한계가 따른다. 최근 국내 공항의 경우 언론에 보도된 보안검색 실패사례 외에도 다수의 실패사례가 보고되고 있으며 그에 따른 원인과 대책 방안의 하나를 법규에서 찾아보고자 한다. 본 연구는 현재 시행되고 있는 관련 법규와 선행연구 분석을 통해 얻은 결론으로 보안검색요원의 교육과 법적 지위 등의 제도적 문제점을 착안하고 그에 따른 개선안을 도출하여 제시하고자 한다.

• Information and Communications Magazine
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• v.33 no.4
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• pp.79-84
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• 2016

개인방송을 방송법상 방송으로 보기 어렵다. 다만, IPTV법의 실시간 방송프로그램 내지 저작권법상 전송 등 2중적 지위를 갖는다. 방송이라면 일정한 경우에 보상금만을 지급하고 저작물을 이용할 수 있지만, 지금의 해석으로는 어렵다. BJ의 일탈이 사회적 통념을 넘어선 경우라면 사후 규제를 위해서라도 플랫폼사업자에게 일정 시간동안 개인방송을 저장할 수 있도록 권고할 필요가 있다. 최소한 방송이라는 인식에 근거하여 방송이 추구하는 공적 가치를 가질 필요가 있기 때문이다. 시청자는 방송과 통신을 구분하여 콘텐츠를 소비하지 않는다. 개인방송도 방송과 같은 공공성을 확보할 수 있다면 법제 정비를 통해 공익성 요건을 적용할 필요가 있다. 방송법의 목적인 "국민문화의 향상"이라는 가치에서 본다면 개인방송도 국민문화를 위한 주요한 수단이기 때문이다.