• Title/Summary/Keyword: Legal Requirements

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A Study on International Convention on Oil Pollution Preparedness, Response and Co-operation for Domestic Legislation (유류오염 대비.대응 및 협력에 관한 국제협약의 입법론적 고찰)

  • 황석갑
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 1998.04a
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    • pp.128-155
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    • 1998
  • Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

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The Role of Electronic Trade Specialized Service Provider under Global Trade Environment

  • Lee, Bong Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.235-255
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    • 2013
  • This thesis examines the problems faced in the electronic trade specialized service provider for which improvements are necessary, and suggests various ways of overcoming those problems. First, from the legal aspect, it is necessary to clarify the scope of duties as well as to expand the threshold for entrance and business areas through the amendment of related laws. Second, from the operating aspect, the e-trade specialized service provider should be able to provide convenient work spaces through user-centered interface by connecting, integrating, automating and simplifying various services scattered around through the establishment of an operating system. Third, from the institutional aspect, trade firms should be able to perform e-trade duties without difficulties by specializing and increasing the size of the e-trade specialized service provider system and strengthening job competence. For this, it is required to improve legal registration requirements to enhance the reliability of the e-trade specialized service provider system and secure its financial capacity.

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The Review of Legal Regulations on Recall Service and Product Liability Law (리콜제도와 제조물책임법에 관한 고찰)

  • 허경옥
    • Journal of the Korean Home Economics Association
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    • v.34 no.5
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    • pp.67-84
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    • 1996
  • This study examined two laws protecting consumer's safety, the 'Product Liability Law' and 'Legal Regulations on Recall Service.' and investigated the need for and importance of the laws. Second, the requirements regarding the procedures for implementing these laws were reviewed. Regarding the 'Product Liability Law', the study considered how the damage and injury of consumers caused by defects in production would be compensated and under what conditions. Regarding the law to regulate Recall service, this study reviewed when and how producers must recall their products because of their defects. Finally, the directions for enacting these laws were suggested, and several difficulties arising from their enactment were considered. Several suggestions were made to enact these two raws in order to enhance comsumer safety, consumer sovereignty, and consumer well-being.

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Analysis of Facility Standard for Elderly Welfare Facility by Universal Design Principle and Guideline: Focusing on Legal Regulations (유니버설 디자인의 원리와 지침에 의한 노인복지시설 기준 분석: 법률 규정을 중심으로)

  • Kim, Soo-Jung
    • Journal of Industrial Convergence
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    • v.15 no.1
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    • pp.1-7
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    • 2017
  • The purpose of this study is to analyze the facility standards of the elderly welfare facilities applying the seven principles of the universal design. The facility standards of the elderly welfare facilities were limited to the provisions of the "Enforcement Regulation of the Elderly Welfare Act". There are few legal regulations applying the universal design in the construction of the elderly welfare facilities. The facility standards are set only with the minimum requirements such as securing the safety of the user, securing the space area, functional convenience, and risk prevention. However, the contents of the regulations are limited to the minimum standards for functional convenience and safety required for living. In conclusion, in the elderly welfare facilities, the notion of universal design, which considers not only the elderly, but also service providers, employees, and general visitors, should be considered.

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Management system for ensuring safety of HMR (Home Meal Replacement) products (가정간편식(HMR)의 안전성 관리체계)

  • Cho, Seung Yong
    • Food Science and Industry
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    • v.50 no.3
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    • pp.51-59
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    • 2017
  • Due to the nature of HMR food that is susceptible to contamination, its safety management is becoming more important. The relevant food types in food code corresponding to HMR foods are addressed, and the criteria for hygiene indicator bacteria and food poisoning bacteria, and storage and distribution standards according to the product type were presented. The government's safety management for HMR foods is basically carried out through the Food Sanitation Act. Those who intend to do HMR business must complete business registration or declaration, hygiene education, health examination of employees, and comply with legal obligations such as HACCP application. The government confirms compliance with legal requirements through hygiene inspection and monitoring inspection of products. However, the safety of HMR foods is not realized by the safety management system alone. A food safety culture should be established in which industry workers and consumers carry out actions to ensure food safety.

The Comparison of Noise-induced Hearing Loss Evaluation Criteria for Management (소음성난청 관리를 위한 판정기준간의 비교)

  • 남궁원자;원정일
    • Journal of environmental and Sanitary engineering
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    • v.13 no.1
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    • pp.123-134
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    • 1998
  • The study was performed to investigate the differences among various evaluation criteria for noise-induced hearing loss(NIHL). The subjects were 100 workers who had received detailed audiometric examinations after the periodic annual examination for hearing loss. The evaluation criteria included were as follows: The criterion I was NIHL of 50dB or greater at 4,000Hz in either ear which is one of the legal requirements for determining occupational hearing loss in Korea. The criterion II was NIHL of 40dB or greater by 4-divided classification(a+b+c+d/4 at 500Hz(a), 1,000Hz(b), 2,000Hz(c), 4,000Hz(d)) which is also one of the legal requirements for determining occupational hearing loss in Korea. The criterion III was NIHL of 31dB of greater by 6-divided classification(a+2b+2c+d/6) which is the workers' compensation standard. The criterion IV was NIHL of 40dB or greater by 6-divided classification(a+2b+2c+d/6), the criterion used to prohibite workers to be employed in the noisy workplace. The criterion V was NIHL of 40dB or greater by 3-divided classification(a+b+c/3) which is the guideline of the Japanes Labour Department. The results were as follows; 1. The percentage of workers with NIHL by the criterion I was the highest(96%) and covered all workers with NIHL diagnosed by other criteria. Therefore, this criterion was the most sensitive one for early detection of NIHL among various evaluation criteria. 2. The percentage of workers with NIHL by the criterion II was 29% of the subjects, but all of them could be diagnosed as having NIHL by the criterion I and 33.1% of the NIHL by the criterion III could not be covered by the criterion II. Thus, this criterion was not considered suitable as an initial step for determining occupational hearing loss. 3. The percentage of workers with NIHL by the criterion III was 45% of the subjects. This percentage was 46.9% of the NIHL by the criterion I and was estimated to cover 3.6% of all noise exposed workers. 4. The percentage of workers with NIHL by the criterion IV was 28% of the subjects, but 37.8% of the NIHL by the criterion III and 70.8% of the NIHL by the criterion I were not covered by the criterion. Therefore, these workers could have been employed in the noisy workplaces. 5. Employed relocation which was one of the post management methods was an option in the criterion I in Korea and in the criterion V in Japan. The number of NIHL by the criterion I was 6.7times greater than that by the criterion V. Thus, although employee relocation was not used exclusively, many more workers with NIHL could have been relocated. In conclusion, this study revealed that the criteria being used for managing occupational hearing loss showed a lack uniformity among them. In addition, since these criteria are all relied on the total threshold shifts caused by the noise exposure at the time of hearing test with no consideration given to the past noise exposure history nor age, it can be said that they are not an effective tool for occupational hearing loss management. Since legal requirements are usually followed after being diagnosed as having NIHL, it is recommended that a uniform diagnostic criterion should be used to minimize confusion. Pre-employment hearing tests should also be utilized so as to managing occupational hearing loss after employment rather than being used as a legal roadblock of prohibiting workers with mild hearing loss from being employed. Thus, what is needed is an establishment of a rational criterion for occupational hearing loss management rather than for legal requirements.

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Whose Science is More Scientific? The Role of Science in WTO Trade Disputes

  • Kim, Inkyoung;Brazil, Steve
    • Analyses & Alternatives
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    • v.2 no.1
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    • pp.31-69
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    • 2018
  • This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

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Requirements for the Advancement of the National Standard System of Korea (우리 나라 국가표준체계 현황과 선진화 방안)

  • 김동진;박찬복;서상욱
    • Journal of Korea Technology Innovation Society
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    • v.3 no.2
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    • pp.111-137
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    • 2000
  • The significant role of the national standards has ever been growing as a critical infrastructure of the national competitiveness. Strategic policies for the advancement of the national standards system in Korea are suggested based on the analysis of trends surrounding the national standards at home and abroad. National standards failing in securing international recognition of its technical competence give an adverse effect to the improvement of industry and national welfare. As a most effective way toward the advancement of the national standards system, the national metrology institute should be placed at the top of the national standards system so as to exert its influence with its technical capabilities close to international level. Efforts are to be made to secure international credibility of the national standards through faithful implementation of the requirements of the mutual recognition arrangement(MRA). And, the legal structures should be refined to be in harmony with the global environment.

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Problems in Insuring Cargoes in the International Trade (무역거래(貿易去來)에 있어서 해상적하보험(海上積荷保險)에 관한 몇가지 문제점(問題點))

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.327-348
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    • 1999
  • Insurance lawyers have been curiously uninterested in the legal aspects of the use of insurance in export sales. It is an area which shows several doubtful points and some difficulties. According to the law of international sales and commercial credits, the primary question is whether the insurance contracts and documents that are produced satisfy the requirements of the sales and the credit contracts. From the point of view of insurance law, the question is how the insurance arrangements can be made to fit those requirements. The purpose of this study is to review problems that may occur in insuring cargoes in export sales.

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Analysis of ISO 9000 Quality Certification for Small and Medium Industrial Companies (중소제조기업의 ISO 9000 품질인증실태 및 개선방안에 관한 연구)

  • 유재권;정수일
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.23 no.54
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    • pp.97-110
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    • 2000
  • As more and more companies pursue ISO 9000 certification, one of the most misconceptions about ISO 9000 is that registration is necessary only for business. ISO 9000 is being driven by commercial requirements, not legal fiat. This registration can be used as evidence of compliance to the ISO 9000 to satisfy specific customer requirements. The primary objective of this research is to provide the efficient implementation process of ISO 9000 certification on the basis of total quality management concerning with ISO/CDl 9001:2000, ISO/CDl 9004:2000 and ISO/CD2 9001:2000. Based on the result of first paper in May 1999, this study has been conducted using the data collected from 312 manufacturing companies which registered ISO 9000 certification. This analysis can be applied to Korean small and medium industrial companies in establishing and maintaining the development of qualify systems. The companies should be able to benefit if they make continuous effort to improve the quality activities based on the factors suggested in this paper.

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