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A Study on the Precedents Changing Related to International Jurisdiction in Electronic Commerce-Focused on U.S. Cases- (전자상거래의 국제재판관할 관련 판례변화에 관한 연구)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.3-29
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    • 2011
  • The Internet has become a medium through which people engage in increasingly sophisticated transactions. Businesses and consumers now use the Internet to communicate and engage in commercial transactions creating a virtual worldwide marketplace. They fear that the determination of Internet jurisdiction could be uncertain because electronic commerce is not executed in one particular place. Until now, there are no specific rules in the model laws and conventions dealing with international jurisdiction in electronic commerce. Due to the fact that U.S. companies are at the forefront of Internet technology, litigation regarding electronic commerce in the U.S. is more advanced than anywhere else in the world This paper analysis the basic framework for personal jurisdiction and approach for determining international jurisdiction in electronic commerce cases and explain the differences of several approaches involving interactions over the Internet. According to jurisdiction approach test, the U.S. employs sliding scale, effects and targeting test in electronic commerce. In recent many research views the targeting test as a global standard for determining international electronic commerce jurisdiction. However, there is still no clear indication of conclusive test of jurisdiction determination for electronic commerce. Therefore, it is a changing and process of jurisdiction test in the U.S. cases. In Korea, there is jurisdiction related clause in Private International Law, but it may be asked whether applicable in electronic commerce. Accordingly, analysis of the precedents changing related to electronic commerce jurisdiction of U.s. is full of suggestions in Korean companies, consumers and helps an enactment of code of civil procedure that containing many group's demands.

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A Study of Home Care Needs of Patients at Discharge and Effects of Home Care -Centered on Patients Discharged from a Rural General Hospilal- (퇴원환자의 가정간호요구와 가정간호사업의 효과 분석 - 일 종합병원을 중심으로)

  • Choi, Yun Soon;Kim, Dai Hyun;Storey, Margaret;Kim, Cho Ja;Kang, Kyu Sook
    • The Korean Nurse
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    • v.31 no.4
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    • pp.77-99
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    • 1992
  • The study was carried out at W. hospital, an affiliated hospital of Y university, involved a total of 163 patients who were discharged from the hospital between May 1990 und March 199J. Data collection was twice, just prior to discharge and a minimum of three months post discharge. Thirty patients who lived within a hour travel time of the hospital received home care during the three months post discharge. Nursing diagnoses and nursing interventions For these patients were analyzed in this study. The results of the study are summarized as follows : 1. Discharge needs for the subjects of the study were analyzed using Gordon's eleven Functional categories and it was found that 48.3% of the total sample had identified nursing needs. Of these, the needs most frequently identified were in the categories of sexuality, 79.3 %, health perception, 68.2 % self concept, 62.5 %, and sleep and rest 62.5 %. Looking ut j he nursing diagnosis that were made for the 30 patients receiving home care, the following diagnoses were the most frequently given; alteration in sexual pattern 79.3%, alterations in health maintenance, 72.6%, alteration in comfort, 68.0%, depression, 64.0%, noncompliance with diet therapy, 6.3.7%, alteration in self concept, 55.6%, and alteration in sleep pattern, 53%. 2. In looking at the effects of home nursing care as demonstrated by changes in the functional categories over the three month period, it was Found that of the 11 functional categories, the need level for health perception, nutrition, activity and self concept decreased slightly over the three month period. On the average sleep patterns improved, but restfulness was slightly less and bowel elimination patterns improved but satisfaction with urinary elimination was slightly less. On the other hand, role enactment, sexuality, stress management and spirituality decreased slightly. The only results that were statistically significant at the 0.05 level were improvement. in digestion and decrease in pain. No statistically significant changes were found in ability related to ADL, the total ADL Score at discharge was $19.78{\pm}8.234, and after 3 months $19.01{\pm}8.12$. Considering that a majority of the patients were over 60 years of age and that many had brain or spinal cord injuries, the fact that their ADL ability did nor deteriorate after discharge can be interpreted as related to a positive impact by the home health care nurses. Similarly there was a slight be not statistically significant decrease in the quality of life scores between the two lest times(l47.83 at discharge and 113.02 at the three month period). Again, when the chronic nature of thee problems facing these patients is considered this maintenance of quality of life can be interpreted as a positive impact by the home health care nurses. 3. One of the home care nursing activities was diagnosis. For this activity it was found that for nine functional health categories(sexuality and spirituality excepted) there were 20 nursing diagnoses. The most frequent were noncompliance, alteration in skin integrity both actual and potential, and impaired physical mobility in that order. 4. Delivery of home health care by the home health nurses included the following nursing activities; assessment, patient education, demonstration of care activities, counselling, direct care to the patient and referrals. Direct care included changing dressings, bladder irrigations, changing Foley catheters, measurement of residual urine, perineal care, position change, back care, oral hygiene, exercise and massage of motion exercises, cleansing enemas, tracheostomy suctioning and tracheostomy care, care of dentures, applications of heat and other similar nursing activities. In conclusion almost 50% of (he sample indicated a need for continued nursing care at the time of discharge and for the patients in the sample who received home care there was a slight decrease in nursing needs but while the patients had chronic and debilitation problems there was ill decrease in ADL abilities or in quality of life. Further study needs Lo be done La increase the reliability and validity of the tool that was used to measure home health care needs. It is also recommended that study by done using a randomized sampling with a control group to compare patients who receive home care with those who do not.

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A study on the Integrated Analysis of Multi-ministrial R&D Program: Focused on the Next Generation Growth Engine Program (범부처 대형공동연구개발사업의 성과분석 사례연구: 차세대 성장동력사업을 중심으로)

  • Ahn, Seung-Ku;Hwang, Doo-Hee;Chung, Sun-Yang
    • Journal of Korea Technology Innovation Society
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    • v.13 no.1
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    • pp.68-98
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    • 2010
  • This study was conducted to analyze the results of the implementation of next-generation growth engine program that was promoted across all government agencies for five years from 2004 as part of a range of initiatives aimed at expanding the nation's economic growth potential. The results were analyzed in this study using five indices: program purpose and design; strategic planning; program management; program results; and pan-governmental agency cooperation and coordination. The results of the study include the following. First, regarding program purpose and design, it was found that consistent leadership in the promotion of the programs was insufficient as the relevant program promotion systems and financial resources were dispersed among governmental agencies, even though the objectives and validity of the programs were recognized. Second, with regard to strategic planning, it was found that although the program objectives and technical development strategy had been established at the beginning of the program, they were biased toward the technical objectives and mainly implemented by the technology suppliers. Third, regarding program management, it was found that the responsibility for general administration, ranging from task planning to policy improvement, was given to the appointed program director but that the system of cooperation among the agencies was insufficient to carry out the relevant tasks. Fourth, regarding the results of the program, it was difficult to understand the results consistently as the economic objectives were not clearly presented, even though the technical objectives were achieved despite the short implementation period of the program. Fifth, with regard to pan-governmental agency cooperation and coordination, it was found that the coordination organization whose remit was to implement the program was established pursuant to the Basic Law on Science and Technology, but that no detailed regulations or guidelines on the operation of the organization were drawn up. To efficiently plan and execute future pan-governmental agency R&D programs that are similar to the next-generation new growth engine program, various requirements should be met, namely, 1) joint planning and consistent program design among governmental agencies, 2) clarification of the program objectives and budget allocation system, 3) establishment of a pan-governmental agency program operation and assessment system, 4) formulation of a strategy for linking R&D with standardization, and 5) enactment of pan-governmental agency joint operation rules.

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A Study on the University Archives: The Concept and Contents of University Archives (대학 Archives란 무엇인가: Archives의 개념과 내용)

  • 전상숙
    • Journal of Korean Library and Information Science Society
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    • v.32 no.2
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    • pp.289-306
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    • 2001
  • This paper seeks to know a out the 'University and College Archives', which are to be established under the provision of 'the Law on the Management of the Institutions', and briefly mention the relation with the library, looking into the concept and backgrounds of archives. The enactment of the law became the ground to establish but there is no practical guidelines on the structure, formation, management, and contents of archives, even worse, people do not know well what the archives is. Therefore, I think so know about academic archives should start understanding basic concept, meaning, and necessities of the archives. In Europe, university archives have been established from 1830s, after the other archives had been established. In America, universities, which had been grown owe to the rapid economic development and the increasing of high educated people, began to establish their archives as a way to invest to improve their being and promote continuing growth. This is to prove their being and value in the society by collecting and preserving records and documents produced in the development of universities. Therefore, university archives can be said that it is the receiving agency for the producers of the university records, researching functional purpose, contents of university records, and relation with other institutions or records. This is the very difference from university libraries as collecting agencies. Nevertheless, university libraries and archives can help each other to activate their functions and improve their positions in universities through cooperating for the policy of digital records preserving and approaching them because the tendency of informationization forces universities to stand on various information resources to serve for routine university works. Each institutions of universities needs archival records due to various reasons. It is especially necessary to preserve and manage archival records to prove the confidence of records.

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Prospects for development of cosmetic industry using natural products in Chungbuk (충북지역의 천연 자원을 활용한 화장품 산업의 발전 전망)

  • Hwang, Hyung seo
    • Proceedings of the Plant Resources Society of Korea Conference
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    • 2018.10a
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    • pp.26-27
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    • 2018
  • With entry into force of the Nagoya Protocol to promote the fair sharing of the benefits of accessing and utilizing genetic resources, much support has been given to research on the development of biomaterials and products using domestic natural resources. Conservation and resource-saving of native species became very important through Nagoya Protocol enactment. The trend of cosmetic industry has been shifing from use synthetic chemicals to natural biomaterials, due to the safety regulations on new materials, ban on animal experiments, and expansion of cosmeceuticals range. In addition, functional cosmetic range has been expanded from whitening, wrinkle improvement, and ultraviolet shielding, to hair loss, hair loss alleviation, acne relaxation, and moisturizing of atopic skin, thus causing the activation of research about field of efficacy evaluation on natural biomaterials and commercialization. Chungbuk province is fostering the bio industry as a key industry for regional economic growth. For this purpose, Osong Biotechnology Complex/Ochang Science Industrial Complex in middle area, Jecheon biovalley in northern region, and Chungju Enterprise city have been established, thus playing a pivotal role in Bio innovative cluster in Korea. In particular, it was established the osong cosmetics clinical research support center to develop the cosmetics industry in chungbuk, thereby supporting clinical trials, efficacy evaluations, overseas certification, and overseas market entry in order to advance into the global market. In addition, oriental plants such as astragalus propinquus, schisandra chinensis, eucommia, alpiniae oxyphyllae fructus and biancaea sappan are being actively studied as global cosmetic ingredients through the promotion of various national research and development projects using natural materials in chungbuk province. The chungbuk natural product industry is expected to grow further throughout cosmetics industry development in the future, as companies and research institutes are actively promoting the secure index of effective material in natural products and effective material commercialization.

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The Competition Policy and Major Industrial Policy-Making in the 1980's (1980년대 주요산업정책(主要産業政策) 결정(決定)과 경쟁정책(競爭政策): 역할(役割)과 한계(限界))

  • Choi, Jong-won
    • KDI Journal of Economic Policy
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    • v.13 no.2
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    • pp.97-127
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    • 1991
  • This paper investigates the roles and the limitations of the Korean antitrust agencies-the Office of Fair Trade (OFT) and the Fair Trade Commission (FTC) during the making of the major industrial policies of the 1980's. The Korean antitrust agencies played only a minimal role in three major industrial policy-making issues in the 1980's- the enactment of the Industrial Development Act (IDA), the Industrial Rationalization Measures according to the IDA, and the Industrial Readjustment Measures on Consolidation of Large Insolvent Enterprises based on the revised Tax Exemption and Reduction Control Act. As causes for this performance bias in the Korean antitrust system, this paper considers five factors according to the current literature on implementation failure: ambiguous and insufficient statutory provisions of the Monopoly Regulation and Fair Trade Act (MRFTA); lack of resources; biased attitudes and motivations of the staff of the OFT and the FTC; bureaucratic incapability; and widespread misunderstanding about the roles and functions of the antitrust system in Korea. Among these five factors, bureaucratic incompetence and lack of understanding in various policy implementation environments about the roles and functions of the antitrust system have been regarded as the most important ones. Most staff members did not have enough educational training during their school years to engage in antitrust and fair trade policy-making. Furthermore, the high rate of staff turnover due to a mandatory personnel transfer system has prohibited the accumulation of knowledge and skills required for pursuing complicated structural antitrust enforcement. The limited capability of the OFT has put the agency in a disadvantaged position in negotiating with other economic ministries. The OFT has not provided plausible counter-arguments based on sound economic theories against other economic ministries' intensive market interventions in the name of rationalization and readjustment of industries. If the staff members of antitrust agencies have lacked substantive understanding of the antitrust and fair trade policy, the rest of government agencies must have had serious problems in understanding the correst roles and functions of the antitrust system. The policy environment of the Korean antitrust system, including other economic ministries, the Deputy Prime Minister, and President Chun, have tended to conceptualize the OFT more as an agency aiming only at fair trade policy and less as an agency that should enforce structural monopoly regulation as well. Based on this assessment of the performance of the Korean antitrust system, this paper evaluate current reform proposals for the MRFT A. The inclusion of the regulation of conglomerate mergers and of business divestiture orders may be a desirable revision, giving the MRFTA more complete provisions. However, given deficient staff experties and the unfavorable policy environments, it would be too optimistic and naive to expect that the inclusion of these provisions alone could improve the performance of the Korean antitrust system. In its conclusion, this paper suggests several policy recommendations for the Korean antitrust system, which would secure the stable development and accumulation of antitrust expertise for its staff members and enough understanding and conformity from its environments about its antitrust goals and functions.

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A study on Establishment and Management of the CCTV in Operating Room (수술실 CCTV 설치 및 운영에 대한 고찰)

  • Kim, Minji
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.109-132
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    • 2019
  • Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

A Study on the infringement of privacy of unmanned aircraft : Focusing on the analysis of legislation and US policy (무인항공기의 사생활 침해에 대한 법적 대응 : 미국 정책.입법안 분석을 중심으로)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.135-161
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    • 2014
  • An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

The Role Behaviors of Oncology Nurse Specialist (종양전문간호사의 역할규명을 위한 연구)

  • Kim, Min-Young;Park, Sung-Ae
    • Asian Oncology Nursing
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    • v.3 no.1
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    • pp.24-44
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    • 2003
  • The purposes of this study was to identify and propose the expected role of the oncology nurse specialist by embodying role theory to oncology nurse specialist. The subjects of this study were 149 persons in 14 hospitals, who were classified to 4 groups, oncology nurse specialists(ONS) group, head nurses and charge nurses(HN & CN) group in hemato-oncology ward, registered nurses(RN) group in hemato-oncology ward, and hematologists & oncologists(H&O) group. The questionnaire which was consisted of 89 items for role of oncology nurse specialist, was made by researcher with a field study and literature review about role of oncology nurse specialist and verified by matrix delphi technique about content validity and construct validity. The data were collected from October 22, 2002 to November 5, 2002. All 4 groups proposed that ONS should perform an expert practitioner role first of all. But ONS group, RN group and H&O group proposed orderly expert practitioner, educator, researcher, consultant, and administrator & change agent, but HN & CN group did expert practitioner, educator, consultant, researcher, administrator & change agent. Expert practitioner had the most highest necessary degree in all groups and most highest performance degree in ONS group. That was consistent with results that all groups proposed role of expert practitioner at first. 4 items out of 20 items showed the meaningful differences between groups. For role of educator, oncology nurse specialist group proposed necessary degrees over 4.0 point out of 5.0 in all items. 4 items out of 18 items showed the meaningful differences between groups. For role of researcher, 3 nurses groups proposed a high necessary degree, but performance of ONS group was most lowest among 5 roles. 6 items out of 14 items showed the meaningful differences between groups. The role of consultant had high necessary degree in some items related to hematopoietic stem cell transplantation. 2 items out of 17 items showed the meaningful differences between groups. In nursing behaviors of administrator & change agent, those items about enacting principle, cost development and participation of professional academy had a high necessary degree. 4 items out of 18 items showed the meaningful differences between groups. Oncology nurse specialists group performed 5 roles orderly, expert practitioner, consultant, educator, administrator & change agent, researcher. This result was different from expected role of themselves as well as the other groups. There was a different necessary degree between role and embodied nursing behaviors of role. ONS group and RN group proposed orderly educator, researcher, administrator & change agent, expert practitioner, consultant, but the other groups did educator, expert practitioner, researcher, consultant, administrator & change agent. The expected standards of oncology nurse specialist in this study were usually master's degree, total career of 5-7 years, oncology career of 3-5 years and certification. But for the post, qualification and qualification institution, various opinions were suggested. In the conclusion, there was a different necessary degree between role and embodied nursing behaviors of role. All groups proposed expert practitioner at first in abstract role, but educator at first in embodied nursing behaviors of role. So we have to consider this difference carefully in the future research. ONS acted the role of expert practitioner first of all, but we should develope and expand the roles of researcher, and administrator & change agent. We should enact roles by role behaviors induced from mutual agreements in necessary degree and performance degree, and bargain the role behaviors that showed the meaningful differences between groups But, we should consider carefully which group's opinion we have to select. I suggested 36 items out of 89 items, in which ONS proposed necessary degree over 4.0 out of 5.0 and half of them performed as the nursing behaviors of oncology nurse specialist that did not induce role stress. For the future, We should role bargain the role with other groups based on these items.

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Introduction of a System for a Sustainable Ecotourism and International Cooperation - Focusing on the Korea-China-Japan Ecotourism Certification/Designation System - (생태관광의 지속가능성 확보를 위한 제도 도입 및 국제협력방안 - 한·중·일 생태관광 인증/지정제도를 중심으로 -)

  • Choi, Hee-Sun;Kim, Hyun-Ae
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.6
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    • pp.13-22
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    • 2012
  • This study was conducted to establish ecotourism as an introduction to sustainability and international cooperation. As a plan to retain the original meaning of ecotourism, the introduction of a program to certify/designateecotourism is being vitalized in many countries around the world. In Korea as well, an agenda to the introduction of an "Ecotourism Designation System,"which aims to ensure the quality of ecotourism at a certain level, was submitted by the Ministry of Environment to the National Assembly in June 2011, and the promotion for a demonstration program is planned this year to introduce the system. Japan has been carrying out the certification systems Good Eco-tour, which certifies the sustainability of ecotourism providers and accommodations since 2006, respectively, and has been securing the sustainability of ecotourism by enactment in 2008, as the world's first law to promote ecotourism. And the second general conference of the first Global Partnership for Sustainable Tourism(GPST) was held in Korea in March 2012, particularly, there was an agreement that the promotion of Asia and the Pacific Area Network for sustainable tourism would center around Korea, and accordingly, it is expected that Korea's status as a core country for ecotourism in the Asia-Pacific Area will increase. While the demand for an approach to natural resources is rapidly increasing, we should be active in providing an institutional strategy such as a designation system to secure the sustainability of ecotourism and seeking a plan for cooperation and network vitalization in the Asia-Pacific Area where similar natural resources and cultures are shared.