• Journal of the Korean Society of Environmental Restoration Technology
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• v.27 no.2
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• pp.17-28
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• 2024

In order to achieve the management goals (30by30) mandated by the Kunming-Montreal Global Biodiversity Framework, this study established the site-level assessment criteria for OECMs, tailored to domestic circumstances using the Delphi analysis. Subsequently, a site-level assessment was conducted on the National Gariwangsan Natural Recreation Forest. As a result of the study, the initial step involved presenting criteria for the site-level assessment of OECMs, with 'consent for the assessment and recognition of OECM by competent and management authority' proposed as a prerequisite. Subsequently, seven evaluation criteria were established, including 'other than a legally protected area', 'spatially separated area with defined boundaries', 'effective in-situ conservation of biodiversity', 'sustainable management based on the competent and management authority', 'long-term sustainability of conservation outcomes', and 'provision of ecosystem services'. The results of applying site-level assessment criteria to the National Gariwangsan Natural Recreation Forest indicate that six criteria were met, while one criterion (sustainable management based on the competent and management authority) requires further improvement. Specifically, the key competent and management authorities for the National Gariwangsan Natural Recreation Forest are the Korea Forest Service and the National Natural Recreation Forest Management Office, with competent and management organizations established. However, the management focus is primarily on providing forest recreation services centered on users and facilities, making it difficult to confirm the long-term biodiversity conservation plans and implementation by the competent and management authorities. Therefore, it is deemed necessary to improve the long-term biodiversity conservation plans and implementation for the recognition of the National Gariwangsan Natural Recreation Forest as an OECM.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.55-84
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• 2005

The arbitral award is the decision of the arbitrators on the dispute that had been submitted to them by the parties, either under the arbitration clause providing for the determination of future disputes or under submission of an existing controversy. The arbitral award has the same effect between the parties as a final and binding court judgment. The arbitration award shall acquire, as soon as it is given and delivered to each parties, the authority of res judicata in respect of the dispute it settles. The validity of an award is a condition precent for its recognition or enforcement. The validity of an award depends on the provisions of the arbitration agreement including any arbitration rules incorporated in it, and the law which is applicable to the arbitration proceedings. Such provisions usually address both the form and the content of the award. As the 'form', requires article 32 of Arbitration Act of Korea that an arbitral award should, at least, (1) be made in writing and be signed by all arbitrators. (2) state the reasons upon which it is based unless the parties have agreed that it should not, (3) state its date and place of arbitration. There are some further requirement which may have to be observed before an award which has been made by a tribunal can be enforced. (4) The duly authenticated award signed by the arbitrators shall be delivered to each of the parties and the original award shall be sent to and deposited with the competent court, accompanied by a document verifying such delivery. This rule can be interpreted as if the deposit of an arbitral award with the competent court is always required as a condition for its validity or as a preliminary to its enforcement in Korea. However, we must regard this rule which requires the deposit of an arbitral award with court, as rule of order, but not as condition of its validity. Because that the date on which the award is delivered to each party is important as it will generally determine the commencement of time limits for the making of any appeal which may be available. Furthermore, the party applying for recognition or enforcement merely has to supply the appropriate court with the duly authenticated original award or a duly certified copy thereof, not any document which proves that an the arbitral award is sent to and deposited with the competent court. In order to avoid some confusion which can be caused by its interpretation and application, the Article 32 (4) of Arbitration Act of Korea needs to be abolished or at least modified.

• Journal of the Korea Safety Management & Science
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• v.6 no.1
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• pp.1-10
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• 2004

Safety management was divided by the competent authorities supplier, and customer with responsibility and authority. Gas accident were caused by treatment problem on the supplier and user, on technical and use management mater, on facilities and goods, and included problem with gas safety connection system. Especially, the big accident of the inside and outside of the country occurred during recent year was newly recognized with the whole society about safety. This study is present standard application plan of each department to use planning gas technical standard and gas utilization standard of introduction model than statute for change of self-regulation management system and complicated regulation of examination center and order.

• Korean Journal of Environmental Biology
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• v.22 no.2
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• pp.259-264
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• 2004

Convention on Biological Diversity has authorized national sovereignty over biological resources so that legislative framework should be established. In biological resources management, the access to biological resources and the benefit sharing arising out of their utilization are two most important steps. Bonn guidelines adopted by the 6th COP of the Convention on Biological Diversity contain MAT (Mutually Agreed Terms) and PIC (Prior Informed Consent) indispensable to implement the access and benefit-sharing process. MAT is contractual agreement between provider countries and use entities while PIC is a specific measure associated with consent prior to access to biological resources. Moreover, the guidelines include the responsibilities of national focal point and competent national authority, incentives and so on. Our laws related to access to biological resources have no items on benefit-sharing and intellectual property rights. The role of the competent national authority is very important to coordinate the organization controlling information availability, opening to the public, and intellectual property rights with other stakeholders. But, the national regulations must not interfere with academic studies on biological diversity and disobey the two objectives of the Convention on Biological Diversity, the conservation of biological diversity and its sustainable use.

• Journal of fish pathology
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• v.34 no.1
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• pp.81-98
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• 2021

As Korea declared that the entire country is free from ISA (Infectious salmon anaemia) based on the OIE aquatic code in 2019, it is necessary to improve the import quarantine system that meets the level of ISA management in Korea. Currently, Korea imports Atlantic salmon and rainbow trout from countries which have history of ISA outbreak such as Norway and the United States, so there is a constant possibility that trade with these countries will bring ISAV (Infectious salmon anaemia virus) into Korea. Therefore, some amendments to the Aquatic Life Diseases Control Act (ALDCA) are needed to prevent the entry of ISAV into the Korea through international trade. The amendment to the ALDCA should contain a list of countries, zones or compartments that the Korean competent authority has allowed or banned imports of ISA-susceptible fish. In addition, the subordinate statutes or administrative rules of the ALDCA need to be revised so that on-site inspections/audit can be conducted for the evaluation of the ISA management system in exporting countries. After the revision of the subordinate statutes or administrative rules, it is necessary to strengthen the present import conditions in line with those that meet the level of ISA management in Korea. As for the strengthened import conditions, the competent authorities of exporting countries must export only salmonid fish produced in zones or compartments declared freedom of ISA to Korea, and must prove through lab-testing that ISAV should not be detected in the fish exporting to Korea. In addition, official veterinarians/fish health professionals of the exporting country should check the health status of the fish within 72 hours prior to export. Also, competent authorities of the exporting countries must attest that fish storage containers and water, ice and other equipment used for transportation should be cleaned and disinfected to avoid contamination with pathogens, including ISA. Therefore, the proposed measures presented here will further improve the current import condition for salmonid fish and assist decision-making on strategies to reduce the risk of ISA introduction into Korea. Also, it is expected to contribute to maintain the status of ISA-free country.

• Asia-Pacific Journal of Business
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• v.8 no.2
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• pp.31-39
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• 2017

Countries around the world have been engaging in automatic exchange of information to tackle tax evasion. The same goal became the basis of the enactment of the Foreign Account Tax Compliance Act (FATCA) by the United States Congress. In order to establish a common approach to counter tax evasion among different countries, the Organization of Economic Cooperation and Development (OECD) released the Standard for Automatic Exchange of Financial Account Information in Tax Matters which consists of the Competent Authority Agreement (CAA) and the Common Reporting Standard (CRS). Specifically, the automatic exchange of information is the exchange of financial account information between Tax Authorities in relevant countries. The law requires this information to be collected by financial institutions around the world for reporting to Tax Authorities. Automatic exchange of Information is made up of two information sharing frameworks: The Foreign Account Tax Compliance Act (FATCA) and The Common Reporting Standard (CRS). Under the automatic exchange of information, all financial institutions must identify accounts held by customers who are foreign tax residents or entities connected to foreign tax residents. Financial institutions must report these to the relevant Tax Authority who will then automatically exchange the account information with the relevant foreign Tax Authorities. Korean government has enacted domestic laws to require financial institutions to collect and report this information and has entered into international agreements to exchange the information with other governments. This paper analyzed the FATCA and CRS rules overall and proposed solutions for the legal and practical issues. This paper contributes to the existing literature on the automatic exchange of information by considering two information sharing frameworks.

• Journal of the Korea Institute of Building Construction
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• v.8 no.1
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• pp.97-102
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• 2008

The report of the Korean Board of Audit and Inspection(BAI) on May 2007 indicates the problems of Life Cycle Cost (LCC) analysis and evaluation in the Design-Build(Turn-Key) and alternative bidding system. The point which the report indicates is that the cost estimation system for LCC analysis has nothing in common each other and there's no consistency among the repair cycle and ratio per facilities parts. For solving these problems, BAI demands the establishment of the guidelines for LCC analysis and evaluation from the competent authority Korean Ministry of Construction And Transportation(MOCT). The objective of this study is to develop the improvement directions for LCC analysis and evaluation which are suitable to the public construction projects especially for the Design-Build and alternative bidding system in Korea. For this study, the LCC related raws and regulations, LCC analysis guidelines of public cooperations, actual condition of LCC analysis and evaluation which include, the elements of LCC, the estimation rules of the initial cost and the maintenance cost, the analysis standards of time value of money, etc. are investigated to provide the improvement directions for LCC analysis and evaluation.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.103-122
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• 2004

Recognition and enforcement of the arbitral award play an important role in the settlement of the international commercial disputes. The New York Convention makes it a duty for the courts of signatories to recognize and enforce the foreign arbitral awards not taking the nationality of the party concerned into consideration. Recognition and enforcement of the arbitral award may be refused if the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. The arbitral award has the same force as an irrevocable judgement including effect of excluding further litigation, its execution and formation. But the effect of set aside arbitral award made abroad in arbitral place was denied by France court for the interest of his people. There is no arbitral act but arbitral procedure is regulated by New Code of Civil Procedure in case of France. An appeal against the decision which grants recognition or enforcement is open if the recognition or execution is contrary to international pubic policy in virtue of Art. 1502. Arbitrator may consider compulsory provisions in arbitral place to assure to recognition and enforcement of the arbitral award.

• YAKHAK HOEJI
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• v.53 no.4
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• pp.165-172
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• 2009

Pharmacy residency program in Korea was first implemented in Seoul National University Hospital in 1983 to train hospital pharmacists regarding theories and practice which were not appropriately educated in the colleges of pharmacy. There are currently seven hospitals operating the program in Korea, and all of those are located in Metropolitan Seoul area. Most hospitals administer examination and interview to select competent pharmacists while some other hospitals select those based on paperwork and interview tests. Although the program contents are mostly similar, some variation were identified between the programs. Title conferred after accomplishment of the program has not been officially accredited by educational authority. In June of 2008, Korean Society of Health-System Pharmacists promulgated an internal regulation as an attempt to standardize the program contents and to encourage efficient management of the program. Since the regulation has now been effective, it is expected that the regulation may help clinical pharmacy education in Korea move toward advanced level.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 1997.04a
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• pp.53-70
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• 1997

The purpose of this study is to propose what developments for Korean Maritime high school are. In order to find out some proposals, the concerned literature survey and sata are used accordingly. This paper is consisted of 4 chapters. The contents of first chapter are focused on the study purpose and problems facing on the maritime high schools. The second are on the present situation of these schools. The third are on the improving proposals, the fourth are on the conclustions of this paper. The following proposals are abstracted through this study. The first, competent authority should be transferred to ministry of education from ministry of marine. The second, education system should be upgraded to junior college or 5 years education course. The third, maritime university permission should be opened for maritime high schol graduates. The fourth, training ship should be build for effective training course required from STCW 95. The fifth , if the graduates from maritime high school engage on board , all of them should be exempted from military service responsibility. The sixth , the education course should be diversified according to the need and demand from the industry society and students. The seventh, the on board-training system for teachers and instructors should be programmed in order to help them keep and utilize the on board experience in actural eudcation situation.