• Journal of Fisheries and Marine Sciences Education
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• v.5 no.1
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• pp.15-22
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• 1993

The Maritime Traffic Safety Law of P. R. China has not the legal nature of navigation rule which regulates the vessel traffic directly but has the legal nature of management to ensure the safety and good order of the whale marine traffic. For that reason, the legal status of this Law is a general basic norm for the marine safety regulations rather than a definite enforcement regulation. This Law does not have any clear statements on adaptation of the steering and sailing rules of the International Regulations for Preventing Collisions at Sea, but it can be presumed the Convention would be applied on the viewpoint of the international practice. The subject matter of this Law is easily understandable, because the IMO and shipping countries have already made similar legislation. Since the maritime traffic condition of the P. R. China also has a direct effect upon the Korean coastal waters, it is essential to observe closely the process of enforcement and development of the P. R. China's Maritime Traffic Safety Law.

• Journal of Environmental Impact Assessment
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• v.10 no.3
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• pp.195-209
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• 2001

The objective of this study is intended to propose plans for reforming environmental impact assessment(EIA) systems by reviewing the current legal systems of EIA related laws and their implementation status in Korea, and by comparing the Korean situation to EIA systems in several foreign countries. This study tried to integrate all EIA related systems scattered over several laws into one comprehensive EIA law, and also to develop legal procedures necessary to accomplish the legislative purpose of the integrated EIA law. Therefore, I propose four reforms (1) All EIA systems should be integrated into one comprehensive EIA act. (2) Administrative plans and policies, though environmentally harmful, which are not currently subject to any prior consultation system, should be covered by the prior consultation system. (3) A screening or scoping should be adopted. (4) Widen civil participation should be encouraged and the administrative control enforcement and introduction of group litigation or citizen suits would be considered.

• Journal of Korea Technology Innovation Society
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• v.2 no.1
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• pp.90-103
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• 1999

This article is dedicated to present a cornerstone for a desirable legal structure in the area of the administration and utilization of the intellectual property rights of the university research results sponsored by the government, and, in the long run, contribute to the industrial development of our country. In order to achieve that purpose, this article reviews basic theories and current status of the intellectual property regime for the research results sponsored by the government, and presents some suggestions for a desirable legal institution, in particular, including that 'Intellectual Property Rights Administration Center', should be established, an exclusive institution for the systematic administration of the follow-ups of the research results with speciality.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.2
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• pp.100-105
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• 2021

The purpose of this study is to provide in-flight security in situations where aviation security is constantly threatened by the increase in illegal interference in aircraft and the threat of terrorism that still exists. It is to identify legal operational problems such as education and qualification of the original system and to propose improvement measures. To this end, the need for revision based on relevant laws and guidelines such as "Operation Guidelines for In-Flight Security Officers" is to be discussed based on international standards such as ICAO and Federal Air Marshal. The research method was based on interviews with SEMs such as cabin managers, which focused on ensuring the legal status of In-Flight Security Officer, establishing relationships with captains, and improving education and training.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2023.05a
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• pp.375-376
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• 2023

In this study, the legal and institutional status of construction supervising and construction inspector was identified. As a result of examining the definitions of construction supervision terms, focusing on domestic construction-related laws, it was found that there were no consistency between each laws regarding 'terminology' and 'definitions'. In addition, the scope of construction inspector's work continues to expand through the delegation provisions to lower statutes, however, responsibility, authority, and inspection cost are not taken into account properly. In addition in order to introduce digital technology to the smart construction site, which is currently active under way, it is judged that the law and institutional contents need to be improved further.

• Journal of the Korean Society for Library and Information Science
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• v.48 no.3
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• pp.5-26
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• 2014

The legal deposit for the national library in all countries is the most important mean for acquiring the country's off-line and on-line publications. Because of many limitations of legal deposit system, however, the National Library of Korea does not properly collect the useful materials produced or manufactured in Korea. In order to solve this problem, the author analyzed the status of collection development by legal deposit and estimated the total amount of domestic publications. Based on the these results, author suggested five plans for strengthening the national collections in terms of the provisional 'deposit law', the further development and complementary of current legal deposit regulations (guidelines and standards), desirable amendments of the legal deposit provisions in library act, reasonable division of the deposit targets, and optimization strategies of acquisition scope by material types.

• KDI Journal of Economic Policy
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• v.45 no.3
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• pp.49-73
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• 2023

This study examines the usage status of legal services provided by lawyers targeting domestic consumers and investigates empirically how much online platforms that facilitate lawyer search and consultation can increase consumers' utility, and how much the lawyer legal service market will expand through this. To this end, this study applies a discrete choice demand model to the data collected through a conjoint survey to estimate the value of the lawyer search and consultation platform perceived by consumers, and estimates the effectiveness of the platform in expanding the market for lawyer legal services through a simulation method. As a result of the analysis, the relative value that consumers place on finding and consulting a lawyer using the online platform instead of being introduced to a lawyer by an acquaintance or searching for a lawyer offline is estimated to be about 70,414 won. It was found that the existence of lawyer search and consultation platforms could increase the market size of legal services by as little as 18.9% to as much as 70.2%. In particular, the platforms are expected to increase the accessibility of legal services to vulnerable groups.

• The Korean Journal of Emergency Medical Services
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• v.13 no.1
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• pp.19-33
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• 2009

Purpose : To check the legal relation between rescue team and patient as well as legal responsibility for patient's damage intentionally or erroneously caused by rescue member, a public official, in the performance of relevant job ; to prevent legal dispute over rescue team and to present program for fair settlement of dispute and equitable and feasible burden of damage. Method : First, the legal principle of Civil Law, Criminal Law and Administrative Law related to the theme of this research will be investigated around research by literature. Second, the case of dispute related to rescue team will be introduced. Result: 1. If 119 rescue members as a public official intentionally or erroneously cause damage to patient in the performance of job, they shall bear civil, criminal and administrative responsibility. They shall bear civil responsibility for indemnity for damage due to default or tort. The typical criminal responsibility includes accidental homicide arising out of duty, preparing falsified official document, dereliction of duty, etc. In the administrative side, the state is responsible for indemnity for peculiar status of the rescue member, public official. 2. Though raising civil petition or legal dispute over unsatisfactory rescue service may be reasonable to guarantee the right of nation, such action may cause stress to rescue member as well as may lead to mental shrinking and defensive attitude only to take the basic first aid treatment which has low possibility of mistake instead of active first aid treatment so as to avoid legal responsibility. 3. The program that may prevent legal dispute over 119 rescue team includes expansion of manpower specialized in first aid treatment, enhancement of education on legal environment, development and application of standard job guideline, formation of mutual trust with patient, detailed explanation, preparing and keeping minute record, improvement of the rescue members' ability of first aid treatment and development of medical instruction mode. Conclusion : The best policy is to prevent legal dispute. If it is impossible to basically exclude the possibility of dispute, however, we need to make effort to minimize the occurrence, settle fairly and divide damage equitably and feasibly. To improve the preventible death rate of our first aid system to the level of advanced country, 119 rescue team which is in charge of the stage before hospital needs to positively enforce special first aid by improving the qualitative level of rescue service and to strive to prevent legal dispute that may occur in the process.

• Journal of Korea Trade
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• v.24 no.2
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• pp.31-52
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• 2020

Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

• Informatization Policy
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• v.28 no.1
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• pp.3-21
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• 2021

Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.