• Title/Summary/Keyword: Act on the Development

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An Analysis on Significance and Problems of Aquaculture Industry Development Act ('양식산업발전법' 제정의 의의와 문제점 분석)

  • Shin, Yong-Min
    • The Journal of Fisheries Business Administration
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    • v.51 no.1
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    • pp.1-17
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    • 2020
  • This study is an analysis of the Aquaculture Industry Development Act that has recently been passed by the National Assembly. In order to improve the structural problem of Korea's aquaculture, a large revision of aquaculture related laws and regulations is needed. The enactment of Aquaculture Industry Development Act is necessary to that effect. It is adequate to aim for development as aquaculture industry not as aquaculture, to alleviate entry restriction of aquaculture, and to provision diverse promotion and support policies. However, it is a concern whether the current Aquaculture Industry Development Act can achieve its goal of enhancing the competitiveness of aquaculture and sustainability. Rather than to solve the problem, the act holds the possibility of further fixing or exacerbating the problem. So there is concern for side-effects after the enactment. This is due to the fact that it complicates terminologies by unnecessarily differentiating aquaculture related concepts from the existing Fisheries Act, lacks regulations regarding voluntary participation in aquaculture, and has limited methods to alleviate entry restriction. In addition, there are very few measures for the scale improvement of aquaculture along with the unlikeliness of a significant effect of the review and evaluation for re-licensing. Thus, the Aquaculture Industry Development Act should promptly be revised after its enactment.

Korea's Science and Technology Manpower Policy: Focusing on the Special Act on Support for Scientists and Engineers and its Action Plans

  • Seongsoo Kim;Changyul Lee
    • Asian Journal of Innovation and Policy
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    • v.12 no.1
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    • pp.001-026
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    • 2023
  • This paper dealt with the Korean manpower policy in science and technology, focusing on the contents and tools of the Special Act and its Master Plans. After briefly introducing the historical development of the Korean manpower policy from the 1960s to the present, it discussed and analyzed the Special Act and Plans from the framework of personnel development, distribution, utilization and infrastructure. Korea's science and technology manpower policy has focused on fostering and supplying manpower in line with the country's industrial growth strategy. In the early stage of industrial development during the 1960s and 1980s, government research institutes were direct and effective tools for nurturing S&T manpower. Since the 1990s, the importance of university research has increased. The government fostered graduate research manpower through the research-oriented university policy of the BK21 program. After the IMF financial crisis in 1997, the tendency of students to avoid careers in science and technology led to enacting the Special Act (2004) governing the field of S&T human resources. The Special Act has contributed to leveling up the university education system in science and engineering and sophisticated the policy to include entrepreneurship training, spin-off startups, industry-university cooperation, and offering degree programs. The Special Act and the regularly revised Master Plans have been essential tools in systematically managing the science and technology manpower policies of the Korean government.

A Study on the Direction for Revision of Korea Shipping Act and Monopoly Regulation and Fair Trade Act (선화주 균형발전을 위한 해운법 및 독점규제법의 개정방향에 관한 연구)

  • Park, Kwang-So
    • 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.

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A Study on the Systematization of the Technology Act for Platforming the Fourth Industrial Revolution

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.2
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    • pp.163-169
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    • 2019
  • Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government. The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution. As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution. The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on 'Development of Science and Technology Innovation System', 'Basic Plan of Science and Technology', and 'Comprehensive Plan for Promotion of Local Science and Technology', there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation. 'In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

A Discussion on the National Land Planning and Use Act from the Rural Planning of View (농촌계획 관점에서 본 국토계획법의 개선방안)

  • Hwang, Han-Cheol
    • Journal of Korean Society of Rural Planning
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    • v.10 no.2 s.23
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    • pp.51-60
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    • 2004
  • Through the fast economic growth since the 1960s, Korea has experienced various problems on land such as urban sprawl, the rapid increase in land prices, land speculation, privatization of the betterment, and so on. To prevent such problems and to enhance harmonious development and conservation, the National Land Planning and Use Act(NLPUA) was established in 2003. The NLPUA which was revised and combined two existing planning laws i.e. the National Land Use Management Act and Urban Planning Act, has an eye to preventing disorderly spatial development, to pursuing environmentally friendly spatial planning, and to following up planned development in non-urbanized area like rural area. This study aims to discuss what should be considered the pending issues after the application of the NLPUA in rural area. On the basis of reviewing the NLPUA in a viewpoint of the rural planning, this study suggests some improvement policy such as considering various rural conditions, securing excellent agricultural land, applying the District Plan II system effectively, reorganizing the planning administrative, and so on.

Issues and Suggestions for "Act on the Development of Cloud Computing" and Protection of its Users ("클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률"의 쟁점 및 개선방안)

  • Lee, Jung Koo;Min, Daihwan;Kwon, Hun Yeong
    • Journal of Information Technology Applications and Management
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    • v.24 no.1
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    • pp.81-91
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    • 2017
  • In Korea, "Act on the Development of Cloud Computing and Protection of its Users" has been enforced since September 28, 2015. Many countries implemented 'Cloud First' policies and global companies such as Amazon, Microsoft, IBM started cloud services in Korea. Under these circumstance, the Act was established for developing the cloud computing industry. The Act includes clauses for encouraging the use of private cloud computing by public organizations, supporting small- and medium-size cloud service providers, and utilizing secure cloud computing services by users. However, some terms appear to be similar but have different meanings from "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc." and "Personal Information Protection Act". This generated some confusion and conflicts in relation to providing user information to a 3rd party and notifying the intrusion in the Cloud Computing Act. This paper discusses these issues and suggestions for revision of the Cloud Computing Act.

A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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Rules in Disarray, Orientation Imposed: Establishment of the Framework Act on Science and Technology, 1998-2015 (분열된 규정, 일관된 방향 : 과학기술기본법의 제정과 그 결과, 1998-2015)

  • YOO, Sangwoon
    • Journal of Science and Technology Studies
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    • v.19 no.2
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    • pp.41-83
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    • 2019
  • Recently, the establishment of the Special Act on National Research and Development(tentatively named) has been discussed with the aim of providing a legal basis for the comprehensive management of national research and development programs, which have thus far been independently implemented by government ministries. This paper analyzes the legislative process of the Framework Act on Science and Technology(hereafter, the "Framework Act") introduced for a similar purpose in 2001. By examining who had proposed various versions of the legislation prior to the enactment of the Framework Act, and which draft bill was derived ultimately through controversies, this paper will present the following two arguments: First, the obsession with a single regulation that can be applicable to all national research and development programs may lead to unintended consequences, given that the history of national research and development programs, each of which has been implemented by different government ministries, is quite long. Second, the Framework Act has an impact to date while it consistently internalizes the very unique orientations, as the concepts of "national competitiveness" and "national innovation system" postulate, even though it failed to establish an integrated rule. The case of the Framework Act will be a window through which one can glimpse how the present debate on the enactment of the Special Act on National Research and Development shall proceed, and further, reflect on the issues that were overlooked.

A Review and Implication of Act on the Promotion of Korean Medicine and Pharmaceuticals (한의약육성법의 함의 및 발전방향)

  • Jeong, Hye In;Kim, Kyeong Han;Yi, Junhyeok;Kim, Daeyoung;Sung, Soo-Hyun;Lee, Eung-Se
    • 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.

A Study on Using Possibility of ADR about Outcom Based on National Research and Development Innovation Act (연구개발 혁신법에 근거한 연구성과물에 대한 ADR제도 적용 가능성에 대한 연구)

  • Kim, Bonghoon
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.87-101
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    • 2022
  • Since Research and Development has been expanded by government, It is very important to evaluate the outcome of Research and Development. Government have levied the penalty of researchers who misused research funding as time goes on. However, there is no protect law for the research before 2021. Government put new committee for the researchers to judge whether their action is legal or illegal based of Innovation Act 2021. Due to the various outcome index of research and development, many firms which is paticipating the research and development have been confused the outcome index. Also, It is difficult for government agencies for management to evaluate the outcome. Even if the committee is trying to solve dispute between researchers and the government agencies, it is not enough to solve it. Therefore, we need to consider Alternative Dispute Resolution(ADR), because the ADR has been developved detail skills for long time.