• Journal of the Society of Naval Architects of Korea
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• v.61 no.2
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• pp.88-97
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• 2024

This study performed the analysis on an economic feasibility of each marine fuel, potential fuel pathways and the relevance of compliance measures to ensure compliance with the FuelEU Maritime regulation. Additionally, it identified certain regulatory gaps to encourage the use of alternative marine fuels. Regarding GHG emissions calculations, the existing GHG regulations for ships applies the Tank-to-Wake (TtW) method, whereas FuelEU Maritime applies the Well-to-Wake (WtW) method. The main results present that important information to establish response strategy for FuelEU Maritime including the costs and benefits of each marine fuel, the minimum blending ratio of alternative fules, and compliance impacts of measures. For the regulatory costs and benefits of marine fuels following the implementation of the FuelEU Maritime from 2025, our findings indicate that while most fossil fuels incur regulatory costs from 2025, most of biofuels and RFNBO fuels do not incur costs until 2050. This will play a role to narrow the price gap between fossil fuels and alternative fuels.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.197-224
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• 2020

This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

• Journal of Auto-vehicle Safety Association
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• v.8 no.3
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• pp.22-27
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• 2016

As a preliminary research to provide amendment for the engine performance test regulation of two-wheeled vehicles, the engine performance data are investigated in terms of maximum torque, rated power, and engine speed of motorcycles on sales in Korean market. Based on the engine performance database officially published to consumers, some forecasted problems are discussed when the maximum torque and the rated power are measured under the present test standards. EU and Korea regulations on engine performance test are carefully compared in terms of the accuracy of measurement devices, test procedures including data acquisition method, and allowable range of rated power measurement. Complementary items are discussed to eliminate ambiguities in the present regulation and to construct rational regulation system.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Journal of the korean Society of Automotive Engineers
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• v.31 no.3
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• pp.16-27
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• 2009

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.93-125
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• 2002

This paper aims to find a reasonable solvency margin system in non-life insurance industry and also to evaluate the appropriateness of the current solvency margin regulation system in Korea. The current solvency margin system in Korea, based on EU's solvency margin model, was introduced during the 1997 financial crisis. The solvency requirement is not based on non-life insurer's risk, but simply on written premiums. The current solvency margin for general insurance, such as fire, marine, and automobile insurance, is determined by the greater between a premium-based amount and a claim-based amount, where the premium-based solvency margin is calculated by multiplying the net written premium for the preceding year by the premium based solvency margin ratio. Also, the amount of solvency margin for long term insurance is set at 4% of the policy reserve of the long term insurance. Still, there exist many differences between the current solvency margin regulation system in Korea and EU's model. This paper focuses on the rationality of the solvency margin regulation system, and compares the current system in Korea with EU's model and the RBC(Risk Based Capital) system in U.S. and Japan. Finally, this paper suggests a more specific and reasonable solvency margin system to be developed in Korea.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.22 no.9
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• pp.1191-1198
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• 2018

This paper illustrates not only the effectiveness of applying content quota system for on-demand video streaming platform, but also the effect of OTT regulation on copyright protection and cultural industry protection in a single market, focusing on the community's response to Netflix's entry into the EU market. Additionally, this paper examines on-demand video streaming services, growth of Netflix. The EU policy on the on-demand video streaming service market consists of 'portability' in the digital single market and content quota for copyright protection. In this paper, I analyze the market protection and the aspect of improving competitiveness of online streaming service industry. The EU is trying to protect the cultural industry and copyright protection in the region by applying and regulating the OTT business in content quota system, which has been applied only to European broadcasting companies.

• 한국항공운항학회:학술대회논문집
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• 2015.11a
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• pp.42-46
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• 2015

This paper is written about the UAS DAA(Detect and Avoidance) of EU MIDCAS project. This project has been performed from 2009 to 2014. The main mission of this project was supporting the certification agency which is ICAO, EASA, and so on. The result of this project would be the base of the UAS operation regulation in the non segregated airspace. UAS usage demand is expanding rapidly, so we also start the development of the regulation, the research of SAA technologies and LRU.

• Environmental Analysis Health and Toxicology
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• v.15 no.4
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• pp.115-122
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• 2000

Biocides, or non-agricultural pesticides, are a broad class of chemical. They are including biological agents used to disinfect/sanitize, pesticides for non-agricultural use, wood preservatives, antifoulants, etc. Since the early 1980s, many adverse effects of biocides to human health and ecosystem have been found in the world. Especially, antifouling biocide like TBT caused serious toxic effects on the marine organisms. Therefore, OECD began to work on biocides in mid 1996 to help Member countries co-operate in the assessment and registration of these products. EU also announced the Biocidal Products Directive (BPD, 98/8/EC) in 1998 to harmonize regulatory approaches to allow EU countries to conduct evaluations of biocides more efficiently. Korea just start to consider of biocides regulation. Some biocides products are regulated, but not all the biocides which are using in Korea. Therefore, we need to make a appropriate regulation for the all biocides categories. In addition, there are necessary to develop risk assessment tools, to survey the use pattern and amount, to research on the ecosystem contamination by the biocides .

• Korean Journal of Organic Agriculture
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• v.16 no.1
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• pp.59-89
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• 2008

The Council Regulation (EEC) No 2092/91 of 24 Juni 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs. This Regulation describes the legal framework for agricultural products and foodstuffs obtained organically. The Regulation establishes a harmonized framework for the production, labelling and inspection of agricultural products and foodstuffs in order to increase consumer confidence in such products and ensure fair competition between producers. This article presents a study about inspection and certification system of organic production of agricultural products and foodstuffs in Germany. In order to guarantee respect for the rules of production, the Regulation provides for an inspection system to ensure that operators who produce, prepare or store organic products or import them from third countries notify the competent private and public authorities in the Member States of their activities. These inspection authorities must, at the very least, ensure application of the minimum inspection and precautionary measures laid down in Annex III to the Regulation. For the production of meat, the Regulation states that the Member States must guarantee the traceability of products throughout the production, processing and preparation chain.