• Title/Summary/Keyword: Environment-related Laws

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A Study on the Way of Securing the Practical Effectiveness of Oil Record Book (기름기록부 실효성 확보에 관한 연구)

  • Choi, Jung-Hwan;Lee, Sang-Il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.4
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    • pp.389-397
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    • 2014
  • The purpose of this thesis is studying for a legal basis and definition of Oil Record Book. In the thesis, comparing with the laws related to punishment for false entry of Oil Record Book of the maritime countries and korea Act. Studying the improvement marine pollutants from ships by suggesting legal and institutional proposal which are able to make themselves increase effectiveness for recording and inspection of Oil Record Book. Suggest the solution of the problems raised in this thesis, First, The Oil Record Book should not be the evidence which is having the effectiveness simply after the accident of marine pollution, but take sanction on pre-inspection of Oil Record Book as establish the concrete administrative punishment for each contents-based record of Oil Record Book. Second, It should set up of judgement criteria of false entry of Oil Record Book by port state control officer. Third, It should strengthen the legal effectiveness of Oil Record Book contents such as Code(c) ; oil residue, Code(d); relating to bilge discharge by including premeditation for false entry of Oil Record Book. Also, The enhancement of role for marine pollution prevention manager raise the effectiveness of Oil Record Book as recognizing the importance of Oil Record Book.

A Study on the Introduction of IMO Casualty Investigation Code and Marine Safety Investigation System in Korea (IMO 해양사고조사코드의 도입과 해양사고조사제도에 관한 고찰)

  • Lim, Chae-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.16 no.1
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    • pp.57-63
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    • 2010
  • The marine safety investigation inquires and concludes the facts and causes of the marine casualties and incidents with the objective of preventing similar roses in the future. Thus, IMO and most states adopt and revise marine safety related conventions and national laws based on the results of marine safety investigation. In particular, IMO recently adopts mandatory IMO Casualty Investigation Code to identify the precise cause of rose with states' cooperation, to report the result of investigation, and to establish new international safety standard helping prevention of similar cases based on the report. The Judgement of the Korean Maritime Safety Tribunal system based on the 'Act on the investigation of and inquiry into marine accidents' is used for the purpose of marine safety investigation in Korea to prove cause of marine accident and to improve marine safety. Therefore, this study examines the Code and compares the Code with the Act to reflect the contents of provisions in the Code into the Act. The study would also be the basic references in relation to revising of marine safety investigation system in Korea Specially, the contents in relation to the independence of investigation authority and mandatory counselling system, and guarantee of seafarers human rights to ensure fairness of investigation would be included.

Institutional Research for the Introduction of Construction Management at Risk in the Public Sector (시공책임형 CM의 국내 공공부문 도입을 위한 제도적 기반 수립 연구)

  • Park, Jiho;Kim, Kyungrai;Bae, Byungyun
    • Korean Journal of Construction Engineering and Management
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    • v.22 no.4
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    • pp.20-28
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    • 2021
  • The Domestic Construction Industry is in the process of changing from a one-sided production method centered on the contractor to a production method in which the order and the contractor can collaborate. Depending on the delivery method, the bid/success method, the contract method, and the degree of business involvement of the order may also vary. In this thesis, in order to introduce 'Construction Management at Risk' suitable for the domestic environment, domestic and foreign institutional analysis, bid process analysis, contract fulfillment and management analysis, post management analysis, and related laws and regulations for legalization In order to suggest a plan for the efficient operation of the system, a system and case analysis of domestic and international construction responsibility type construction project management was conducted. 'Construction Responsible Construction Project Management' defined in the Framework Act on the Construction Industry is divided into the main contract transfer contract, which is a service contract performing pre-con work, and the main contract, which is construction project management and construction contract. Therefore 'Construction Management at Risk' should be regarded as one of the ordering methods rather than a successful bid system, as in the case of overseas, and legalization as a bidding system equivalent to design/construction batch bid and technology proposal is necessary for introduction. In order to introduce 'Construction Management at Risk' suitable for the domestic environment, domestic and foreign institutional analysis, bidding process analysis, contract fulfillment and management analysis, and follow-up management analysis are conducted. A method for efficient operation was suggested so that it can be applied in the domestic market while maintaining the original merits of this system.

The Design of Training Contents for Marine Accident Investigators (해양사고조사관 교육 콘텐츠 설계)

  • Kang, Suk-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.125-134
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    • 2022
  • The Korea Maritime Safety Tribunal is an institution that investigates marine accidents in accordance with the maritime safety adjudication procedure when marine accidents occur. It requires its investigators to be capable in specializing in marine accidents, including possessing the following: a level 2 or higher maritime license, experience on boarding, and specialized knowledge on ships. It also requires separate training for technical competency related to maritime accident investigations. However, the current education for marine accident investigators mainly consists of administrative tasks, which is not suitable to improving the investigator's technological competency, making its development urgent. This study aims to design training contents for marine accident investigators to strengthen their technical competence. To this end, we analyzed the contents of current investigator training, and reviewed the relevant laws and regulations, and training contents of investigators in advanced maritime countries and similar transportation institutions in Korea. According to the results, the training contents were designed to focus on strengthening technical competency, and proposed as a five-day course for basic and professional training. Based on the designed training contents, if in-depth research is conducted by sufficiently reflecting the working conditions of marine accident investigators in Korea, it will greatly help in improving the investigators' skills.

A Study on the Trends in the Studies on Marine Spatial Planning: Focusing on Topic Modeling (해양공간계획 연구동향 분석 연구: 토픽 모델링을 중심으로)

  • Hwang, Kyu Won;Jang, Ah Reum;Lee, Moon Suk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.954-966
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    • 2021
  • With regards to the marine spatial plannings of the world, the spaces are being managed through the integration of various uses and the establishment of systems and laws in the perspective of the utilization of spaces. In the perspective of policy establishment, the policy readiness level is applied to analyze the trends in the studies on South Korea's marine spatial plans. The scope of the study included analyzing marine spatial plan as a keyword in articles published over the period from 2010 to 2020. The methods of analysis included the analyses of the frequency of word appearance, word clouds, and appearance intensity, which were used to identify key issues. Five keywords that were related to the topics were identified, and were again used to identify the key themes. The core themes were changing in all phases, such as the principles development phase, institutionalization phase, policy verification phase. For future benefit, this requires more research in South Korean public organizations and universities.

Structural Adjustment of Domestic Firms in the Era of Market Liberalization (시장개방(市場開放)과 국내기업(國內企業)의 구조조정(構造調整))

  • Seong, So-mi
    • KDI Journal of Economic Policy
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    • v.13 no.4
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    • pp.91-116
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    • 1991
  • Market liberalization progressing simultaneously with high and rapidly rising domestic wages has created an adverse business environment for domestic firms. Korean firms are losing their international competitiveness in comparison to firms from LDC(Less Developed Countries) in low-tech industries. In high-tech industries, domestic firms without government protection (which is impossible due to the liberalization policy and the current international status of the Korean economy) are in a disadvantaged position relative to firms from advanced countries. This paper examines the division of roles between the private sector and the government in order to achieve a successful structural adjustment, which has become the impending industrial policy issue caused by high domestic wages, on the one hand, and the opening of domestic markets, on the other. The micro foundation of the economy-wide structural adjustment is actually the restructuring of business portfolios at the firm level. The firm-level business restructuring means that firms in low-value-added businesses or with declining market niches establish new major businesses in higher value-added segments or growing market niches. The adjustment of the business structure at the firm level can only be accomplished by accumulating firm-specific managerial assets necessary to establish a new business structure. This can be done through learning-by-doing in the whole system of management, including research and development, manufacturing, and marketing. Therefore, the voluntary cooperation among the people in the company is essential for making the cost of the learning process lower than that at the competing companies. Hence, firms that attempt to restructure their major businesses need to induce corporate-wide participation through innovations in organization and management, encourage innovative corporate culture, and maintain cooperative labor unions. Policy discussions on structural adjustments usually regard firms as a black box behind a few macro variables. But in reality, firm activities are not flows of materials but relationships among human resources. The growth potential of companies are embodied in the human resources of the firm; the balance of interest among stockholders, managers, and workers of the company' brings the accumulation of the company's core competencies. Therefore, policymakers and economists shoud change their old concept of the firm as a technological black box which produces a marketable commodities. Firms should be regarded as coalitions of interest groups such as stockholders, managers, and workers. Consequently the discussion on the structural adjustment both at the macroeconomic level and the firm level should be based on this new paradigm of understanding firms. The government's role in reducing the cost of structural adjustment and supporting should the creation of new industries emphasize the following: First, government must promote the competition in domestic markets by revising laws related to antitrust policy, bankruptcy, and the promotion of small and medium-sized companies. General consensus on the limitations of government intervention and the merit of deregulation should be sought among policymakers and people in the business world. In the age of internationalization, nation-specific competitive advantages cannot be exclusively in favor of domestic firms. The international competitiveness of a domestic firm derives from the firm-specific core competencies which can be accumulated by internal investment and organization of the firm. Second, government must build up a solid infrastructure of production factors including capital, technology, manpower, and information. Structural adjustment often entails bankruptcies and partial waste of resources. However, it is desirable for the government not to try to sustain marginal businesses, but to support the diversification or restructuring of businesses by assisting in factor creation. Institutional support for venture businesses needs to be improved, especially in the financing system since many investment projects in venture businesses are highly risky, even though they are very promising. The proportion of low-value added production processes and declining industries should be reduced by promoting foreign direct investment and factory automation. Moreover, one cannot over-emphasize the importance of future-oriented labor policies to be based on the new paradigm of understanding firm activities. The old laws and instititutions related to labor unions need to be reformed. Third, government must improve the regimes related to money, banking, and the tax system to change business practices dependent on government protection or undesirable in view of the evolution of the Korean economy as a whole. To prevent rational business decisions from contradicting to the interest of the economy as a whole, government should influence the business environment, not the business itself.

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Strategy for Development of HSE Management Framework for Offshore CCS Project in Korea (국내 해양 CCS 사업의 HSE 관리 프레임워크 구축 전략)

  • Noh, Hyonjeong;Kang, Kwangu;Kang, Seong-Gil;Lee, Jong-Gap
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.20 no.1
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    • pp.26-36
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    • 2017
  • Korea is preparing an offshore carbon capture, transport and storage (CCS) demonstration project which is recognized as one of important $CO_2$ reduction technologies to mitigate climate change. The offshore CCS project aims to transport, inject and store large amount of $CO_2$ into offshore geologic formation, and has a potential risk of leakage which might cause disastrous damage to human health, environment and property. Therefore, in order to ensure the safety of the offshore CCS project, a strict HSE (health, safety and environment) management plan and its implementation are required throughout the project life cycle. However, there are no HSE domestic laws or regulations applicable to CCS projects, and the related research is insufficient in Korea. For the derivation of the essential and urgent requirement in HSE management framework applicable to the offshore CCS project in Korea, we analysed the HSE management methodologies and foreign CCS HSE management guidelines and cases. First, this paper has analyzed ISO 31000, a generalized risk management principles. Second, we have investigated the HSE management practices of CCS projects in Norway and UK. Based on the analyses, we suggested the necessity of developing the HSE Philosophy and the HSE management process through the whole life cycle. Application of HSE management in early phase of an offshore CCS project will promote systematic and successful project implementation in a cost-effective and safe way.

Preliminary Diagnosis of Fishing Ground Environment for Establishing the Management System in Fisheries Resources Protection Area (수산자원보호구역 관리체제 구축을 위한 어장환경 예비진단)

  • Lee, Dae-In;Park, Dal-Soo;Jeon, Kyeong-Am;Eom, Ki-Hyuk;Park, Jong-Soo;Kim, Gui-Young
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.2
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    • pp.79-89
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    • 2009
  • For preliminary diagnosis on current fishing ground environment and basic information for establishment of effective and rational management policy in fisheries resources protection area, water and sediment quality and changes of total area in the 10 marine protection areas designated for fisheries resources management in Korea were assessed. Results showed that environmental quality in these areas has been degraded by pollution sources, coastal utilization and development stress, etc. The pattern and degree of contamination differed by protection areas, suggesting that it is necessary for optimum environmental management plan considering the regional characteristics. The total designated area of protection areas in 2003 changed by $-22.9{\sim}2.4%$, on average -6.4%, compared with the first year of designation; Wando-Doam Bay showd the highest increase rate (2.4%), and Hansan Bay has the highest decrease rate (-22.9%) Decrease rate of land and sea in total area showd 6.1% and 6.6%. An integrated management of environmental data in protection areas is required for systematic assessment. Therefore, the suitable environmental and information management is needed specifically considering the environment characteristics such as development and utilization conditions of land and sea area Furthermore, bemuse urbanization and industrialization threats the junctions of the protection areas, authorized ministry (MIFAFF) should develope and establish monitoring and management procedures based on the related laws.

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A Study on the Introduction of Food Safety Damage Relief System (식품안전 피해구제제도의 도입방안에 관한 연구)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.199-222
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    • 2017
  • Currently, many punitive damages (or statutory damages) and class action laws are discussed in relation to the consumer damage relief system. It is in the background of the argument that the introduction of such a victim relief system will solve many small and large consumer damages. There are many cases in which the punitive damages compensation or the class action system are introduced in relation to the food safety damage naturally. Although the introduction of such a system can clearly help the consumer to relieve large-scale damage, it can not solve all the problems at once because the company can reject the system despite the introduction of such a system. In particular, class action lawsuits should have the same type of damage, but most of the damage caused by food safety is accompanied by physical harm, resulting in various complications such as the physical characteristics of the victim, the health environment. The class action system may not provide a solution in that the content and type of the damage may be different. In this regard, this study aims to investigate the introduction of the food safety damage relief system through the introduction of an administrative dispute settlement system by an administrative agency that occupies an absolute position in the existing consumer protection from this point of view. In reality, the Food and Drug Administration, which is the largest among government agencies related to food, operates a passive attitude consumer protection system such as function like guidance, supervision and surveillance. And it is necessary to make a complementary proposal. In the current law, there is only a small part of the consumer protection work that is positively legal, and even after the damage is scientifically identified, it is not possible to present the solution to the damage suffered by the consumer through legislation. This is a fact that has been raised. In this paper, we propose a reasonable and rapid disaster relief procedure through a separate mechanism within the administrative agency, which is the administration agency, that the dispute settlement procedure due to food safety damage is insufficient by solving the case through the court through counseling, dispute adjustment and civil proceedings. In order to solve the problem of food insecurity and the food industry, various ways of rational solution of the problem were considered. The possibility of (1) Establishment of a food safety dispute resolution committee; (2) Establishment of a food safety disaster relief committee; and (3) Establishment of a food safety disaster relief committee was discussed. In addition, a plan for the creation of a food damage compensation fund was also proposed.

Unified Systems on Surveying and Geoinformation Management in Korea - New Conceptual Design of Korean NSDI Model - (우리나라 측량·공간정보관리에 관한 통합시스템 연구 - 새로운 국가공간정보기반(NSDI) 모델의 도입 -)

  • Lee, Young-Jin
    • Journal of Cadastre & Land InformatiX
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    • v.44 no.1
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    • pp.179-194
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    • 2014
  • In this study, it aims to research for unified system of "the surveying and geospatial information management" and new National geoSpatial Information Infrastructure(NSDI) as new paradigm against the strategy of "global geospatial information management". The country's existing NGIS projects and the policies of spatial information were examined in this paper, then it was defined newly by modification of NSDI's data coverage with bottom-up method. The new NSDI strategy is based on large scale digital map which was influenced by the local and global trend such as open data, e-Government, Earth observation, etc. (refer to Fig. 1). It was also suggested with new concept of NSDI model that the public-private sharing data can be added to digital map on equal term with spatial core data. (refer to Fig. 2) It is proposed the institutional model of MOLIT(Ministry of Land, Infrastructure and Transport) as new concept of NSDI which was applied(refer to Fig. 4). The new model is improving localization and reinforcing cooperation system with not only the other departments within the MOLIT but also the other ministries(forestry, environment, agriculture, heritage, etc.) from independent operation system as a part informatization of land, infrastructure and transport. At the new SDI institutional model of the MOLIT, the spatial information is reorganized as common data infrastructure for all applications, Goverment 3.0 can be feasible according to common data related to government agencies and local government's data vertically or horizontally. And then, it can be practical strategy model to integrate and link all the map and the register which are managed by the laws and institutions if this unified system as a common data can include all spatial core data(digital map), such as base map data of NGA(national gespatial agency), land data and facility data of local government.