• Title/Summary/Keyword: Legal status

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A Study on the Advancement of the Legal System for Small Fishing Vessels to Ensure Marine Safety (해양안전 확보를 위한 소형어선 법제도 개선에 관한 연구)

  • Song, Byung-Hwa;Lee, Kyoung-Hoon;Choi, Woon-Kuy
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.7
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    • pp.875-888
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    • 2018
  • The Government of the Republic of Korea has been continuously improving its legal system to ensure marine safety as a precaution against marine accidents. However, despite the ongoing improvement of the legal system, the number of maritime accidents has been increasing steadily, suggesting that the efficacy of the legal system is insufficient. As for recent marine accidents, small fishing vessels (less than 10 tons) account for 44.9 % of marine accidents over 5 years ('13_'17). Therefore, this study investigated the improvement status of the Korean government's legal system for small fishing vessels and the characteristics of related overseas legal systems in order to find a way to further improve marine safety for small fishing vessels. Following the results, the Korean government's laws related to small fishing vessels show a hybrid phenomenon due to the history of merging ('97) and separation ('09) of legal systems for fishing and non-fishing vessels, and it has been concluded that only improvements to construct additional facilities are being performed, and those in a fragmentary manner. In addition, overseas legal systems for small fishing vessels were confirmed to have requirements strengthening the responsibility of owners and operators of fishing vessels and introduced a self-inspection program. Based on these results, a plan is suggested to improve the efficacy of the legal system to ensuree marine safety for small Korean fishing vessels.

Legal Status and Major Issue of Maritime Autonomous Surface Ships (MASS) in International Law (자율운항선박의 국제법 지위와 주요쟁점에 관한 연구)

  • Chun, Jung-soo;Park, Han-seon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.2
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    • pp.256-265
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    • 2021
  • Ground, sea and air mobility, such as vehicles, ships, and airplanes, are generally operated by people. Based on the innovative development of autonomous decision-making systems and artificial intelligence (AI) following the recent fourth industrial revolution, research and development on maritime autonomous surface ships (MASS) is been actively performed around the world. Before the realization of the commercialization of MASS in international maritime transport, it is urgent to clarify the characteristics of this ship and its international legal status. This paper aims to analyze the concern of whether a ship without crew members will eventually be operated as a fully unmanned ship or can be recognized as a ship under international law as the number of crew members is gradually reduced owing to the development stage of autonomous ships. Consequently, based on the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), it was found that MASS has the same international legal status as general ships. In addition this paper presents the working principles of enacting and revising the IMO Conventions and international legal measures necessary for the safe operation of MASS.

Present Status and Remedial Actions with Regard to Legal Limits of Pesticide Residues in Korea (국내 농약잔류 허용기준의 현황분석과 대처방안)

  • Lee, Su-Rae;Lee, Mi-Gyung
    • Korean Journal of Environmental Agriculture
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    • v.20 no.1
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    • pp.34-43
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    • 2001
  • For 202 pesticides with maximum residue limit(MRL) in Korea, anticipated problems were identified and remedial actions were suggested. The risk index expressed as the ratio of theoretical maximum daily intake against ADI which exceeds 80% appeared in 35 pesticides. Items showing 10-fold difference between Korea and Codex MRLs appeared in 35 pesticides and 47 food commodities. In any of the 202 pesticides, nominated crops without MRL were 33 items whereas non-nominated crops with MRL were 50 items. Under the Codex system, cases of separate MRLs among raw materials and processed products were exampled. Remedial actions to minimize the above-mentioned discrepancies were suggested respectively.

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Analysis concerning the latest operating concept and status for Air Defense Identification Zone(ADIZ) (최근 방공식별구역 운영 개념과 현황 분석)

  • Kim, Dongsoo;Hong, Sungpyo;Chong, Mangseok
    • Journal of Aerospace System Engineering
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    • v.8 no.4
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    • pp.44-51
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    • 2014
  • This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

Status of Hydrogen Bus Operations and Charging Stations and Policy Reviews in California, USA (미국 캘리포니아 수소 버스와 충전소 운영 현황과 정책 고찰)

  • KIM, CHANGMO;JIN, SANGKYU;JIN, GOANG SUNG;KWON, YOUNG-IN;BAEK, YOUNGSOON
    • Transactions of the Korean hydrogen and new energy society
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    • v.33 no.5
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    • pp.463-469
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    • 2022
  • After reviewing the current status of hydrogen buses and hydrogen charging stations in the United States, as well as related laws and programs, it was found that the federal and state governments supported the supports of hydrogen buses and the deployment of hydrogen charging infrastructure through various policies and programs. In order to promote the spread of domestic and overseas hydrogen buses and hydrogen charging infrastructure, it is necessary to develop and apply various legal systems and programs that can provide incentives to hydrogen bus manufacturers, hydrogen charging station installers, hydrogen bus operating organizations and entities. It is necessary to develop and apply various legal systems and programs that can provide incentives to hydrogen bus manufacturers, hydrogen charging station installers, hydrogen bus operating organizations and entities.

Management Factors Associated with Health and Safety Education in Korean Manufacturing Companies (산업장 안전보건교육 관리요인)

  • Lee Myung-Sun;Lee Gwan-Hyung;Park Kyoung-Ok
    • Korean Journal of Health Education and Promotion
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    • v.23 no.2
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    • pp.121-140
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    • 2006
  • Objectives: Safety is a primary health promotion issue in worksite because injury induces multi-fold loss of the human and economic resources to profit organization. The purposes of this study were to describe worksite health and safety education and management status in Korean manufacturing companies. Methods: The original population size of Korean manufacturing industry in 2004 was 74,398 and 2,960 factories were selected by the multiple stratified sampling method for this study. The health and safety manager or representatives of the selected 2,960 companies successfully finished in the face-to-face interview survey about company's general characteristics, health and safety management style, health and safety education hours conducted by the Korean Occupational Safety and Health Agency. Results: The manufacturing companies in Seoul and Kyunggi areas, small size, and clothes and press industries were related to low health and safety management and education status. The companies which assigned at least one safety manager were 70.5% and which had a health and safety room within the company were only 9.3%. The companies which took the health and safety education for their regular blue-collar employees more than the legal education hours were under 56.1% and the percentage of the companies which took their health and safety education for newcomers less than the legal limits was lower than any other types of health and safety education in workplace. The significant strong workplace health and safety management variables in predicting employee health and safety education were psycho-social variables such as the company own health and safety regulation and the workplace health and safety management committee organization. rather than physical variables such as health manager employment, safety manager employment. Conclusions: Systematic and legal approaches are effective to encourage workplace health and safety education, specifically, through sustaining health and safety managers and building the company-wide health and safety management system. Furthermore, theses approaches should primarily focus on the small companies of which sizes were under 50.

Legal Status of Negotiating Banks of Documentary Letter of Credit (신용장 매입은행의 법적지위)

  • HEO, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.77-101
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    • 2017
  • This article provides the definitions of the negotiation of credit, the negotiating bank and the negotiation credit. It further describes a number of legal status of negotiating banks by looking into the legal relations firstly between the beneficiary and the negotiating bank and secondly between the issuing bank and the negotiating bank. This study is in large part based on relevant provisions of UCP 600 and decisions of the Supreme court of South Korea. Under UCP 600 the definition of negotiation requires the purchase by the nominated negotiating bank of the required documents by advancing funds on or before the banking day on which reimbursement is due to the negotiating bank. A negotiation credit authorizes the negotiating bank who is a nominated bank to purchase from the beneficiary the documents required by the letter of credit and to present those documents to the issuing bank for reimbursement. If the credit is to be honoured at sight, reimbursement is due when the issuing bank determines that there has been a conforming presentation. Reimbursement under a letter of credit available by acceptance or by deferred payment is due at maturity of the credit. In particular, while the timing of advance by the nominated negotiating bank is up to the parties, a promise of the negotiating bank to advance the purchase price to a fraudulent beneficiary does not confer immunity from letter-of-credit fraud prior to its performance. This requires the negotiating bank who is notified of material fraud prior to making an advance to beneficiary to avoid a loss by using the fraud.

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Devices for Greening and Conservation of Small City in Korea - Focused on Implementation of 'Local Agenda 21'- (우리나라 중소도시의 녹지보전과 녹화추진 방안 - "지방의제 21' 실천을 중심으로 -)

  • 박미호;이명우
    • Journal of the Korean Institute of Landscape Architecture
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    • v.30 no.2
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    • pp.23-38
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    • 2002
  • The purpose of this paper is to propose directions for urban greening and nature conservation in small-to-medium-sized cities in Korea for implementation of the Local Agenda 21 (LA 21 hereafter). In this paper, the status of implementation of the LA 21 in both Korea and Japan have been examined. In addition, the green-related plans of both countries have been compared. The cities of Jeonju and Sagamihara were chosen as examples to compare. The result of the research is as follows: 1)With regard to the responsible bodies, in Korea, the implementing plans were initiated by the environment-related authorities of local governments while, in Japan, the plans of action were initiated through consultative committees reflecting opinions from citizens and business entities. 2)Concerning the status of implementation of LA 21, the city of Jeonju has adopted a plan of action and then implemented the plan through a consultative body without adequate legal ground. On the other hand, the city of Sagamihara has enacted a local ordinance to implement the LA 21 It was learned that the newly enacted ordinance has positively been interrelated to existing environmental plans. 3)Regarding urban greening and nature conservation plans, the city of Jeonju has focused on comprehensive measures to preserve and restore ecology while the city of Sagamihara has clearly suggested educational purposes in its plans in addition to preserving and restoring ecology. 4)In terms of support by law or legal system concerned, it has been teamed that, compared with Japan, Korean plans have not been properly supported by law or the legal system to urban greening and nature conservation plans. The same was shown in the city of Jeonju as compared with the city of Sagamihara. As for future directions, the follow are proposed: 1) establishment of a local Committee on Sustainable Development, 2) enactment of relevant and regulations such as the Master Plan of Parks and Green Open paces, 3) establishment of ecological greening plans.