• Title/Summary/Keyword: Import regulations

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A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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A study on Operation factors the Used automobile logistics complex using Fuzzy-AHP (Fuzzy-AHP를 활용한 인천항 중고자동차 물류단지 운영 성공요인에 대한 연구)

  • Kim, Byung-Hwa;Cha, Young-Doo;Ma, Hye-Min;Yeo, Gi-Tae
    • Journal of Digital Convergence
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    • v.15 no.7
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    • pp.97-109
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    • 2017
  • Domestic vehicle penetration rate is growing at 3% per year, but consumers are increasingly buying used cars due to steady price hikes Nevertheless, the used car export market is expected to decline due to import regulations of major countries and the low grade environment of Used car export complex. Therefore, this study using Fuzzy-AHP was aimed to find operational factors of Used car logistics complex and establish a practical management plan of Used car logistic complex in incheon port. Fuzzy-AHP is the method that can be calculated weight of multi-level criteria and change linguistic ambiguity of human to Fuzzy Number. So it's able to propose the realistic decision making alternatives. As a result of the literacture reviews, present study focused on the analysis of the present situation of the logistics of the used car and the activation of the complex, suggested the activation plan and activation of the logistics complex. In the analysis of operational factors, logistic complex cost factors were found to be the most important factors by recording the weighted value of 0.306 in the above factors. The detailed factors were as follows: rent, accessibility, and logistics site size. It is necessary to compute competitive rent for the highly-advanced used car logistics complex, and to realize the rental support policy and to consider designating the free trade zone. In addition, it is necessary to expand the access infrastructure and secure the scale of the company for overseas buyers, and it is necessary to improve the overall government laws and introduce IT system for the future.

Impacts for Waste Management According to Waste Trade (폐기물 수출입 흐름 변화가 폐기물 관리에 미치는 영향)

  • Lee, Sang-hun
    • Resources Recycling
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    • v.29 no.3
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    • pp.43-50
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    • 2020
  • This study reviewed the examples on analyses of the potential impacts to waste management, due to the recent trends of waste trade regulation, and summarized an analysis strategy of the impacts. As a result, a desirable analysis may begin with reasonable estimation of recent waste amounts and flows, and reasonable prediction of the future trends of waste amounts. Then, it is effective to list various key factors and derive future scenarios of the impacts, as well as employ the traditional viewpoints focusing on waste material flow or environmental regulations. The applicable analyses for each scenario can be largely divided into qualitative and quantitative methods. Due to a high uncertainty in the recent international situations with entailing possible innovative economic changes, qualitative methods may be considered in advance, and then quantitative techniques may be utilized to predict gradual changes at relieved uncertainty of the situations. Based on this review so far, proper methodology and procedures for the impact analysis were suggested on recent waste trade conditions in Korea. Given existence of the recent uncertainties such as the health and economic crises, the analysis preferably focused on deriving strategic scenarios with respect to various aspects, and suggested analysis methods applicable to each scenario.

Safety management of living modified plants: A review (유전자변형 식물체 연구에서의 안전관리 고찰)

  • Lee, Bumkyu
    • Journal of Plant Biotechnology
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    • v.49 no.3
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    • pp.163-170
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    • 2022
  • There is a continuous rise in the commercialization of living modified (LM) organisms worldwide. While LM plants have not yet been cultivated in South Korea, research, development, import of products, and registration of related research facilities are progressing. LM plants should be tested in greenhouses and fields during development. Furthermore, environmental risk assessment and safety management should be performed before their release into the environment. Research on LM plant development is conducted in laboratories as well as confined greenhouses and fields. Safety management regulations are provided as combination standards for the LMO Act in each research district. The accidental release of the LM petunia in Japan was a significant incident related to LM plant research. It implies that normal plants within the distance of crossing should be regarded as LM plants. In the United States, LM creeping bentgrass was released into the environment, thus necessitating the establishment of stringent measures to prevent the scattering of LM plant seeds by wind or other mediums. In South Korea, LM Zoysia and LM cotton were released through rainwater. Therefore, safety measures that prevent LM seed mixing and plant vegetative propagules escaping into the environment via rainwater must be established. Preventing the dispersal of unapproved LM plants requires significant time, expenditure, and effort. Researchers should first identify the impact of LM plants on the ecosystem, and steps to avert their environmental release must be implemented.

Status and Development Strategy of the Seed Industry in China (최근 중국 종자산업의 현황 및 발전 전망)

  • Lee, Jung-Ro;Baek, Hyung-Jin;Choi, Yu-Mi;Lee, Sok-Young;Lee, Gi-An;Jung, Yeon-Ju;Kim, Chung-Kon;Lee, Myung-Chul
    • Journal of the Korean Society of International Agriculture
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    • v.23 no.5
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    • pp.552-559
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    • 2011
  • China is a one of the largest agricultural countries in the world. China consumes around 12.5 billion kilograms of seeds each year. Suchhuge demand for seeds has made the Chinese seed market more and more attractive for investment. Through analysis on the present situation and existing problems of the seed industry in China and based on the current Chinese seed industry development, some future prospects for investments are indicated. This investigation was carried out to propose the appropriate strategies on the development of the Korea seed industry as it considers its entry into the China seed market as a new growth engine in the agricultural sector. The basic law regulating the Chinese seed industry is the PRC Seed Law that generally refers to the protection of germplasm resources, verification of varieties, seed quality issues, the import and export of seeds, seed administrative management, and various rights and obligations. The regulations were aimed at the protection of the rights concerning new varieties of plants. China has two main industry associations, the National Seed Association and the China Seed Industry IP Union, that are non-profit associations consisting of entities and people engaging in the seed scientific research, production, operation and management. The China National Seed Group Co., Ltd. ("Sino Seeds") is the market leader in China regarding the seed industry. The chinese government, however, encourages investment from multinational companies as well as importation of modern crop planting management technologies and equipment. It supports the entry of investors with proven experiences in breeding and germplasm resources expansion and R&D. There has never been a better time for multinational companies with proven seed industry experience to look at building relationships with the Chinese government and enterprises.

Foreign Entry Strategies for Korean Fishery Firms (한국수산업의 해외진출전략에 관한 연구)

  • 김회천
    • The Journal of Fisheries Business Administration
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    • v.15 no.1
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    • pp.131-153
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    • 1984
  • Fishery resources are still abundant compared with other resources and the possibility of exploitation is probably great. The Korean fishery industry has grown remarkably since 1957, and Korea is ranked as one of the major fishery countries. Its of fishery products reached the 9th in the world and the value of exports was 5th in 1982. But recently a growth rate has slowed down, due to the enlargement of territorial seas by the declaration of the 200 mile, Exclusive Economic Zone, the tendency to develop fishery resources strate-gically in international bargaining, the change in function of the international organizations, the expansion of regulated waters, the illegal arrest of our fishing boats, the rapid rise in oil prices, and the fall in fish prices, the development of fishery resources as a symbol of nationalism, the fishing boats decreptitude, the rise of crew wages, regulations on fishing methods, fish species, fishing season, size of fish, and mesh size, fishing quotas and the demand of excessive fishing royalties. Besides the the obligation of coastal countries, employing crews of their host countries is also an example of the change in the international environment which causes the aggravation of foreign profit of fishing firms. To ameliorate the situation, our Korean fishery firms must prepare efficient plans and study systematically to internationalize themselves because such existing methods as conventional fishing entry and licence fishing entry are likely to be unable to cope with international environmental change. Thus, after the systematic analysis of the problem, some new combined alternatives might be proposed. These are some of the new schemes to support this plan showing the orientation of our national policy: 1. Most of the coastal states, to cope with rapid international environmental change and to survive in the new era of ocean order, have rationalized their higher governmental structure concerning the fishery industries. And the coastal countries which are the objectives of our expecting entry, demand excessive economic and technical aid, limit the number of fishing boats’entry and the use of our foreign fishing bases, and regulate the membership of the international fishery commissions. Especially, most of the coastal or island countries are recently independent states, which are poorer in national budget, depend largely on fishing royalties and licence entry fees as their main resources of national finance. 2. Alternatives to our entry to deep sea fishing, as internationalization strategies, are by direct foreign investment method. About 30 firms have already invested approximately US $ 8 million in 9 coastal countries. Areas of investment comprise the southern part of the Atlantic Ocean, the Moroccan sea and five other sea areas. Trawling, tuna purse seining and five other fields are covered by the investment. Joint-venture is the most prominent method of this direct investment. If we consider the number of entry firms, the host countries, the number of seas available and the size of investment, this method of cooperation is perhaps insufficient so far. Our fishery firms suffer from a weakness in international competitive ability, an insufficiency of information, of short funds, incompetency in the market, the unfriendliness of host coastal countries, the incapability of partners in joint-ventures and the political instability of the host countries. To enlarge our foreign fishing grounds, we are to actively adopt the direct investment entry method and to diversity our collaboraboration with partner countries. Consequently, besides proper fishing, we might utilize forward integration strategies, including the processing fied. a. The enterprise emigration method is likely to be successful in Argentina. It includes the development of Argentinian fishing grounds which are still not exploited in spite of abundant resources. Besides, Arentina could also be developed as a base for the exploitation of the krill resources and for further entries into collaboration with other Latin American countries. b. The co-business contract fishing method works in American territorial seas where American fishermen sell their fishery products to our factory ships at sea. This method contributes greatly to obtaining more fishing quotas and in innovation bottom fishing operation. Therefore we may apply this method to other countres to diffuse our foreign fishing entry. c. The new fishing ground development method was begun in 1957 by tuna long-line experimental fishing in the Indian Ocean. It has five fields, trawling, skipjack pole fishing and shrimp trawling, and so on. Recently, Korean fisheries were successful in the development of the Antarctic Ocean krill and tuna purse seining. 3. The acceleration of the internationalization of deep sea fishing; a. Intense information exchange activities and commission participation are likely to be continues as our contributions to the international fishery organizations. We should try to enter international fishery commissions in which we are not so far participating. And we have to reform adequately to meet the changes of the function of the international commissions. With our partner countries, we ought to conclude bilateral fishery agreements, thus enlarging our collaboration. b. Our government should offer economic and technical aids to host countries to facilitate our firms’fishery entry and activities. c. To accelerate technical innovation, our fishery firms must invest greater amount in technical innovation, at the same time be more discriminatory in importing exogeneous fishery technologies. As for fishing methods; expanded use of multi-purpose fishing boats and introduction of automation should be encuraged to prevent seasonal fluctuations in fishery outputs. d. The government should increases financial and tax aid to Korean firms in order to elevate already weak financial structure of Korean fishery firms. e. Finally, the government ought to revise foreign exchange regulations being applied to deep sea fishery firms. Furthermore, dutes levied on foreign purchaed equipments and supplies used by our deep sea fishing boats thould be reduced or exempted. when the fish caught by Korean partner of joint-venture firms is sold at the home port, pusan, import duty should be exempted.

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Research Trends and Future Directions for R&D Vitalization of Domestic Dairy Industry (국내 유가공산업의 R&D활성화를 위한 연구 동향과 방향)

  • Yoon, Sung-Sik
    • Journal of Dairy Science and Biotechnology
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    • v.29 no.1
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    • pp.23-31
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    • 2011
  • Domestic dairy industry is now standing at the crossroad for planning next fifty years, mainly because economic and environmental situations surrounding Korean peninsula are fast changing. For the aspects of dairy consumption, fresh milk consumed less, while consumption of the other milk and dairy products is slightly increasing every year. In 2010, it is approximately estimated that 1,939,000 tons of raw milk was used and the supply would be short by about 35,000 tons, based on the amounts in the previous year. Currently, multilateral negotiations against US and EU are underway. When it will be in effect in the future, significant damage would be expected in the dairy and livestock sectors, leading to cut domestic milk supply. Quality of farm-gate milk is graded as 1A on average 90% or more, loaded with very low in microbial and somatic cell counts. Therefore, policy implications have to be placed toward switch currently the UHT processing method to Pasteurization or the LTLT technology, by which natural flavors and nutrients in milk mostly remain after heat treatment. Domestic cheese products comprise only 10% and the rest is occupied by the various kinds of imported natural products. The market size keeps increasing up to 65,423,000 tons last year. When it comes to vitalization of our natural cheese industry, cheese whey, which is a main by-product in cheese manufacture, is a critical issue to be solved and also "On-Farm Processing" would be combined with a growth of big dairy companies when few immediate issues among the relevant regulations will be eased and alleviated in the near future. Fermented milk market is recorded as a single area of gradual increase in the past 10 years, Korea. Fermented yogurts with health claims targeted stomach, liver, and intestine are popular and has grown fast in sales amounts. In this context, researches on beneficial probiotic lactic acid bacteria are one of the important projects for domestic milk and dairy industries. Labelling regulations on efficacy or health-promoting effects of functional dairy products, which is the most important issue facing domestic dairy processors, should be urgently examined toward commercial expression of the functionality by lawful means. Colostrum, a nutrition-rich yellowish fluid, is roaded with immune, growth and tissue repair factors. Bovine colostrum, a raw material for immune milk preparations and infant formula, can be used to treat or prevent infections of the gastrointestinal tract. Nanotechnology can be applied to develop new milk and dairy products such as micro-encapsulated lactase milk for consumers suffering lactose intolerance. Raw milk is suggested to be managed by its usage in the processing line because imbalance of supply and demand is structural problem in every country and thus the usage systems as in the advanced dairy countries is worth of bench-marking to stabilize milk supply and demand. Raw milk produced is desirable to divide into the three parts; domestic, import, and buffering purposes. It is strongly recommended that a domestic dairy control center as an institutional framework should be urgently established as is Dairy Board in New Zealand and Australia. Lastly, government policy should be directed to foster the highly-educated people who are majoring in Dairy Sciences or working in the dairy industry by means of financial support in studying and training abroad as well.

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Development of Korean Green Business/IT Strategies Based on Priority Analysis (한국의 그린 비즈니스/IT 실태분석을 통한 추진전략 우선순위 도출에 관한 연구)

  • Kim, Jae-Kyeong;Choi, Ju-Choel;Choi, Il-Young
    • Asia pacific journal of information systems
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    • v.20 no.3
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    • pp.191-204
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    • 2010
  • Recently, the CO2 emission and energy consumption have become critical global issues to decide the future of nations. Especially, the spread of IT products and the increased use of internet and web applications result in the energy consumption and CO2 emission of IT industry though information technologies drive global economic growth. EU, the United States, Japan and other developed countries are using IT related environmental regulations such as WEEE(Waste Electrical and Electronic Equipment), RoHS(Restriction of the use of Certain Hazardous Substance), REACH(Registration, Evaluation, Authorization and Restriction of CHemicals) and EuP(Energy using Product), and have established systematic green business/IT strategies to enhance the competitiveness of IT industry. For example, the Japan government proposed the "Green IT initiative" for being compatible with economic growth and environmental protection. Not only energy saving technologies but energy saving systems have been developed for accomplishing sustainable development. Korea's CO2 emission and energy consumption continuously have grown at comparatively high rates. They are related to its industrial structure depending on high energy-consuming industries such as iron and steel Industry, automotive industry, shipbuilding industry, semiconductor industry, and so on. In particular, export proportion of IT manufacturing is quite high in Korea. For example, the global market share of the semiconductor such as DRAM was about 80% in 2008. Accordingly, Korea needs to establish a systematic strategy to respond to the global environmental regulations and to maintain competitiveness in the IT industry. However, green competitiveness of Korea ranked 11th among 15 major countries and R&D budget for green technology is not large enough to develop energy-saving technologies for infrastructure and value chain of low-carbon society though that grows at high rates. Moreover, there are no concrete action plans in Korea. This research aims to deduce the priorities of the Korean green business/IT strategies to use multi attribute weighted average method. We selected a panel of 19 experts who work at the green business related firms such as HP, IBM, Fujitsu and so on, and selected six assessment indices such as the urgency of the technology development, the technology gap between Korea and the developed countries, the effect of import substitution, the spillover effect of technology, the market growth, and the export potential of the package or stand-alone products by existing literature review. We submitted questionnaires at approximately weekly intervals to them for priorities of the green business/IT strategies. The strategies broadly classify as follows. The first strategy which consists of the green business/IT policy and standardization, process and performance management and IT industry and legislative alignment relates to government's role in the green economy. The second strategy relates to IT to support environment sustainability such as the travel and ways of working management, printer output and recycling, intelligent building, printer rationalization and collaboration and connectivity. The last strategy relates to green IT systems, services and usage such as the data center consolidation and energy management, hardware recycle decommission, server and storage virtualization, device power management, and service supplier management. All the questionnaires were assessed via a five-point Likert scale ranging from "very little" to "very large." Our findings show that the IT to support environment sustainability is prior to the other strategies. In detail, the green business /IT policy and standardization is the most important in the government's role. The strategies of intelligent building and the travel and ways of working management are prior to the others for supporting environment sustainability. Finally, the strategies for the data center consolidation and energy management and server and storage virtualization have the huge influence for green IT systems, services and usage This research results the following implications. The amount of energy consumption and CO2 emissions of IT equipment including electrical business equipment will need to be clearly indicated in order to manage the effect of green business/IT strategy. And it is necessary to develop tools that measure the performance of green business/IT by each step. Additionally, intelligent building could grow up in energy-saving, growth of low carbon and related industries together. It is necessary to expand the affect of virtualization though adjusting and controlling the relationship between the management teams.

Study on Management of Artificial Flavors in Korea (국내 합성착향료 관리제도 설정을 위한 연구)

  • Hong Ki-Hyoung;Lee Tal-Soo;Jang Yaung-Mi;Park Sung-Kwan;Park Sung-Kug;Kwon Yong-Kwan;Jang Sun-Yaung;Han Ynun-Jeong;Won Hye-Jin;Hwang Hye-Shin;Kim Byung-Sub;Kim Eun-Jung;Kim Myung-Chul
    • Journal of Food Hygiene and Safety
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    • v.20 no.4
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    • pp.253-257
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    • 2005
  • This study was performed to develop management system of artificial flavor in Korea that considered the usage and management of artificial flavor within or outside (Europe, USA and JECFA) and to offer a yardstick for judgement and prevent from confusing when manufacture or import artificial flavoring substances. In questionnaire survey for flavoring manufacture form, ideal management system and others in companies related artificial flavor, the replier answered that artificial flavor was mainly used to drinks as water soluble from and that the countries exporting flavoring substances most frequently to Korea were Japan. Europe and America sequentially. On the basis of above results, we prepared the positive list (proposal) on about 1800 artificial flavoring substances for application to regulations in Korea Food Additives Code.

A Study on the Improvement of Laws Related to the Safety Management of Children's Play Facilities (어린이놀이시설 안전관리법규의 개선방향)

  • Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.2
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    • pp.47-61
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    • 2009
  • The purpose of this study was to understand the laws related to the safety management of children's play facilities(LRSMCPF) including the "Safety Supervision Law of Children's Play Facilities(SSLCPF)" and the "Quality Management and Industrial Products Safety Management Law(QMIPSAL)", in order to analyze the problems by 4 phases-development of products, landscape design, landscape construction and maintenance considering landscape project procedure-and to propose a revision of the laws. The results are as follows: 1. The various LRSMCPF, SSLCPF and QMIPSAL, as basic laws for the safety management of children's play facilities, were insufficient regarding the features of children's play facilities and play spaces, which are both comparatively varied and complex. 2. In development of products, the one-year duration of safety certification based on QMIPSAL was too short and the procedure for safety certification were redundant in both products and plants inspection, and export and import product inspection. 3. The field inspection of construction sites based on SSLCPF was repeated with quality control and a consultation of rules based on "Construction Technology Management Law". 4. There are not enough safety inspection organizations regarding children's play facilities to meet the demand of safety certification, safety inspection, and safety education in the near future. 5. For children's play safety, the establishment of a general safety management system for children's play connected with the phases is needed to ensure safe play equipment, to construct safe playgrounds, and to manage play facilities. The criteria, regulations, and procedure regarding safety certification and safety inspection of play facilities must be revised efficiently and standardized to a global level as well. To improve the system and contents of safety certification and inspection, authorization of safety inspection organizations based on landscape architecture is needed. Further study will be required to concretely analyze in detail the laws, enforcement decrees and rules, and ordinances that consider the practical experience of professional landscape architects, inspectors, and lawyers.