• Journal of ILASS-Korea
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• v.21 no.4
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• pp.207-213
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• 2016

To protect air pollution of urban area from motor vehicles, emission limits for diesel vehicles have been dramatically lowered in short period. But recent studies have shown that on-road NOx emissions of light-duty diesel vehicles are considerably higher than the values measured with laboratory test procedures used for emission certification. To tackle with this issue, Ministry of Environment have a plan to introduce EU RDE-LDV (Real-driving Emission-Light-duty Vehicle) regulation. In this study, 4 Euro 6 diesel vehicles have been tested with the new test procedures published by EU to estimate on-road NOx emissions using PEMS (Portable Emission Measurement System). The results have shown that the requirements of EU RDE-LDV could be met in driving condition of metropolitan area for constitution of test routes and validity of test results. In analysing with Moving Averaging Window method the completeness and normality of test data were validated with the requirement. On-road NOx emissions were quite deviated as test vehicles and higher than the new limit of on-road NOx emission enforced from Sept. 2017, which means that RDE-LDV can effectively reduce NOx emission of diesel vehicles in real driving conditions of Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.48
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• pp.57-76
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• 2010

This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. To prevent excessive competition in punctual operation and its inelastic market structure, liner shipping companies formed conferences that are protected to fix the prices under the law. In the US, deregulation in transport sector began from 80's and continuing with OSRA 1998, conferences were dissolving. On the other hand, the EU with close conference system, Regulation 4056/86 contained block exemption remained in force for unlimited time without review clause. However, in Oct 2008, the EU has announced its removal, and conferences were no longer permitted to fix the price nor exchange information. Although OSRA 1998 has already broken up conferences by allowing individual service contracts, but the repeal of the immunity for price fixing will alter significantly the rule on cooperation in the industry since it is a unilateral move by the EU, especially in transatlantic lane. There are rapid changes in shipping market getting much more complicated, and with removal of 4056/86 allowing the market to be more competitive, opening up the industry with far more diverse strategic options. Hence this paper reviews on liner shipping industry and its changes of policies over the years from protected market to open competition market of today.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1269-1277
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• 2016

European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.287-304
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• 2020

There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.109-134
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• 2014

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.115-116
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• 2006

보다 깨끗한 환경에서 살고 싶어 하는 인류의 욕구가 육상의 대기 배출물뿐만 아니라 선박까지도 보다 깨끗한 배기를 요구하기에 이르렀다. 이러한 요구에 부응하여 IMO(국제해사기구)뿐만 아니라 EU(유럽연합)과 미국 등에서 규제를 이미 시작하였거나 시작할 예정이다. 또한 많은 선급에서도 약 10년 전부터 자발적인 규칙을 도입해오고 있다. 그리고 스웨덴은 인센티브제를 오래 전부터 적용해오고 있다. 이러한 규제, 선급 규칙 및 인센티브제는 질소산화물, 황산화물 및 입자상물질 배출에 제한을 가하는데, 황산화물 및 입자상물질 배출 제한은 간접적으로 연료유에 함유되어 있는 황 함량 규제를 통하여 하고 있거나 하려고 한다. 여기에 이러한 규제, 선급 규칙 및 인센티브제에서 가하고 있거나 가할 예정인 선박 디젤기관 연료유의 황 함량 규제에 대하여 간략하게 소개한다.

• Proceedings of the Korean Society for Quality Management Conference
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• 2009.10a
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• pp.245-251
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• 2009

After the Kyoto Protocol has been ratitied in Feb. 16 2005, the developed countries which is involved in Annex-1 have tried to mitigate GHG to the reduction objective. To accomplish this objective, EU developed EU-ETS, CDM project, and so on. Korea has faced pressure to be a member of Annex-1, because Korea and Mexico are only non-Annex-1 countries in the OECD nations. This study is intended to examine unfolding transition on negotiations of Conference of Parties(COP), the Kyoto Mechanism referred as a cost-effective tool to meet a targeted level of greenhouse gas decrease, and trends in responses of developed countries to the Kyoto Protocol, and finally suggests legal and politic counterplans responding to the United Nations Framework Convention on Climate Change(hereafter, UNFCCC).

• Journal of the Korean Society for Aviation and Aeronautics
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• v.25 no.1
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• pp.23-34
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• 2017

Approximately 70% of aviation accidents in the world are caused by human factors of pilots and 15-20% of these accidents are known to be caused by pilot fatigue. Recently ICAO established new standards of FRMS for aircrew. The US and the EU have introduced FRMS and established and operated new aviation regulation systems for pilot flight(duty) time limitations. On the other hand, Korea has not yet introduced FRMS. This study reviewed ICAO's standards of FRMS and analyzed the aviation regulations of the US and the EU. As a result of this study, it showed that Korea also needed to introduce FRMS. This study reasoned out plans to improve Korean aviation regulations about pilot flight time limitations based on international standards.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.349-370
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• 2000

The environmental problems such as global climate change, global waming, ozone depletion, environmental pollution have been caused by the rapid economic growth, increasing in use of fossil fuels for industrialization and scientific technology development. Especially human activities are significantly altering the atomosphere's composition and its radiative properties. To Stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the international community adopted the UN Framework Convention on Climate Change in 1992 and Kyoto protocol in 1997. Also to protect ozone layer the international community adopted the Vienna Convention for the Protection of the Ozone Layer in 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. To achieve global environmental objectives, some multilateral environmental agreements includes trade regulation. For example, Montreal Protocol includes the provisions to regulate the world trade of the sudstances which might destroy ozone layer. However Kyoto Protocol has no provisions to regulate trade and is not in force yet. Although there is no trade regulation article in Kyoto Protocol, the international world trade will be influenced by limitation and reduction of CO2 and strengthening the CO2 emission standard for import good. For example Korean car industy agreed with EU to reduce CO2 emission from new passenger car and Korean Semiconductor industry agreed with WSC(World Semiconductor Council) to reduce PFCs in 1999.

• Journal of Society of Preventive Korean Medicine
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• v.5 no.1
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• pp.57-75
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• 2001

This study was conducted to improve the current regulation guidelines for developing traditional Korean medicines with effectiveness and productivity, in order to cope with the upcoming ICH on specifications on oriental herbal drugs. Also, major purposes of this study are to motivate R&D and to pioneer foreign markets for domestic herbal drug companies. First, after examining concepts of traditional Korean medicines and comparing the numbers and differentiation of herbal drugs registered on Pharmacopeia among Korea, China, and Japan, the current new drug development requirements for traditional Korean medicines were reviewed in detail, followed by comparison of foreign regulation systems including USA, EU, China, and Japan. Second, empirical cases on failure of development for new traditional Korean medicines under the current regulation system in the domestic companies including Dong-A, Kwangdong, and Samchondang, were collected and analyzed. As a result, hanbangsaengyak, the new category for traditional Korean medicines was newly developed on the basis of scientification of data between saengyak and hanyak, from the perspectives of harmonization between oriental medicine and western medicine and of balance between food and drug, in terms of industrialization, publicity, modernization, and effectiveness of administration. In addition, the new regulation requirements for the new hanbangsaengyak preparations were discussed by establishing principles of reinforcing preclinical test and of simplifying clinical trials in Korea. Finally, the further researches to articulate the complete specifications for pre-clinical and clinical requirements for traditional Korean medicines were strongly suggested.