• Journal of Environmental Policy
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• v.3 no.2
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• pp.31-57
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• 2004

Attempts were made to compare and analyze the policies of the United States, the United Kingdom, the Netherlands, Germany and Denmark concerning Korea's major problems associated with legal liability of the contaminated sites. These countries were chosen from a feasible preliminary analysis of 18 countries of the EU and the U. S. The major problems were revealed based on the analysis of Korean legacy and legislation, which are summarized as follows i) lack of clear detailed technical and legal guidance to determine the responsible party or parties of contaminated sites, ii) no distinction between the strict and non strict legal liability of innocent land owners, iii) no clearly set limit on retroactive legal liability. Comparison of the policies of countries chosen suggested improvements regarding these major problems as follows: i) activating national and international research on soil contamination prevention policy, ii) arranging distinct legal regulation between strict and non strict liability criteria, iii) establishing the limits on innocent and non strict liability, iv) establishing methodology and process of legal liability distribution and compensation, and v) establishing a legal process to redeem any benefit derived from remediation of contaminated sites with the public budget. Our policy suggestions above are not yet conclusive due to a lack of policy implementation simulation. Additional research is needed on aspects of social, economic and long term effects of the proposed policy directions. Nevertheless, application of the policy suggestions of this research would increase the efficacy of Korean policy regarding the survey and remediation of the potentially contaminated sites.

• Ocean and Polar Research
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• v.25 no.4
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• pp.545-555
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• 2003

It is widely known that compare to many other countries, the U.S.A. has a strong framework for efficient implementation of mitigation policy to protect wetlands. As indicated in many strong mitigation initiatives, mitigation policy primary requires avoidance rule for wetland damage and if a developer inevitability damages wetlands, the development should be minimize, and as a last resort, the policy impose legal duty that a developer should compensate wetland corresponding to the damaged wetlands. However, the legal system fur Korea's mitigation system does not provide any legal duty for the compensatory mitigation, although the possibility of creation of tidal flat is casually expressed in several Korean legal systems. Therefore, without any strong and enforceable legal system, Korean mitigation system cannot efficiently protect Korea's vast and productive wetlands. To introduce mitigation policy similar to the U.S.A. in Korea, we suggest that there (a) should be a strongly policy which regulate legal duty for the compensatory mitigation, (b) should be an improve management system for actively corresponding to special knowledge relating to environment, and lastly, (c) should be a system which consider a class action introduced in environmental regime for a long term protection of tidal wetlands for future generation.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.85-96
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• 1996

• Ocean and Polar Research
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• v.24 no.1
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• pp.93-114
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• 2002

Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.297-332
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• 1996

It is well observed in the satellite telecommunication policy of several States that legal constraints imposed upon the service coverage of satellite telecommunication as well as broadcasting are to be relaxed in a progressive way. Major aspects of such policy change lie in the adoption of policy refusing traditional concept of national frontier. In the case of direct broadcasting satellite service, while a debate upon the legal issues regarding the spill-over effect of that service is no more major concern of the States, many multinational enterprises are looking for strategic alliance for regional or global DBS project. On the other hand, an implementation plan for connecting the world through global mobile personal communication satellite system is being pursued by several joint effort of multinational firms. Legal issues arise regarding the regulatory competence of each State, Especially, a controversial issue is concerning the sovereign right well recognized upon the regulation of telecommunication. This study is focusing upon the evolution of such policy change for the purpose of allowing us to expect future develpment of worldwide satellite telecommunication policy environment.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.28 no.1
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• pp.18-34
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• 2018

Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

• Journal of Digital Convergence
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• v.17 no.8
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• pp.47-60
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• 2019

The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

• Journal of Information Technology Services
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• v.22 no.6
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• pp.1-15
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• 2023

This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

• Journal of Distribution Science
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• v.11 no.3
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• pp.23-29
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• 2013

Purpose - Recently, the Korean government is seeking to internationalize KRW and reduce its heavy reliance on the U.S. dollar and better cope with risks from external turbulence. However, there has been too little study on this subject in comparision with its importance. The main objective of the paper is to distinguish the descrete stages of the KRW internationalization and recognize the costs and benefits of each stage. Research design, data, methodology - In order to achieve its goal, this study accomplishes a formal policy analysis based on potential factors of currency internationalization and an examination of legal practices in relation to Foreign Exchange Transaction Regulation (the Regulation). Results - This study found that securing monetary policy may not be easy under liberalized capital account for a small open economy like Korea in view of the trillema. In addition, the inherent ambiguity of the Regulation may increase the costs of KRW internationalization. Conclusions-This study revealed the negative system for the control of foreign exchange of the Korean government. The excessive regulatory restrictions on foreign exchange may hinder the process of KRW internationalization. Some legal and policy reforms are needed to improve related regulation and infrastructure.

• The Korean Journal of Air & Space Law and Policy
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• v.16
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• pp.224-235
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• 2002

The problem of space debris has been dealt with at the STSC of the COPUOS. The technical discussion at the said Committee was finished by adopting the Technical Report in 1999. Its legal discussion will be followed very soon at the LSC of the COPUOS. In this paper, I try to outline certain legal points concerning the space debris.