• Journal of Korean Society for Quality Management
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• v.33 no.3
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• pp.41-46
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• 2005

The production, processing, sale and service of food materials are not subject to attainment via a single country. In accordance with internationalization of the world, issues related to food safety have emerged as critical international concerns and they are closely associated with the health and interest of domestic consumers, producers, manufacturers, and distributors. As a third party certification standards, ISO 22000 is in progress International Organization for Standardization(ISO) and the Draft International Standard(DIS) has already been presented on December 2004. The purpose of this study is to analyze the international standards, guidelines and legislation in regard of Food Safety Management System(FSMS) including ISO 9001, Hazard Analysis Critical Control Point(HACCP) and Product Liability(PL) so as to present Korean-model Food Safety Management System requirements and system establishment model.

• Journal of Navigation and Port Research
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• v.36 no.9
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• pp.781-786
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• 2012

Based upon the analysis of the former paper, this paper suggest that present problems existing in China's relevant laws and regulations, the difficulties in constructing China's maritime performing party system, the strategy in constructing maritime performing party in China. The writer focused on the strategies of establishing maritime performing party in China, and analyzed the problems which needed to pay attention. Finally, in the writer's view, China does not need to take part in the Convention, and can establish the maritime performing system by amending China Maritime Code.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• Proceedings of the Korean Society for Quality Management Conference
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• 2004.04a
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• pp.266-271
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• 2004

Recently, consumers require products with high-reliability and high-safety. Risk management system and product safety become more important issue In view of product liability. This paper aims to propose a risk assessment system which can be applied to product with high-reliability and high-safety, and also show an empirical application of the proposed risk assessment system for the development of motorcycle helmets.

• Korean Business Review
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• v.16
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• pp.23-42
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• 2003

Most of the taxes in Korea are collected using a voluntary reporting payment system that meets most financial requirements. However, many people are unaware of their tax liability, and legal forces to ensure payment of taxes are weak within the Korean social structure. Therefore, the tax system cannot depend only on people's awareness of their tax liability, and for these reasons the Korean government has been investigating a system for fair taxation and the administrative punishment for tax evasion. In addition, an improvement to the taxation system is strongly 'demanded in order to protect taxpayers' rights, and improve the efficiency and rationality of the system. In this study, I compare and analyze the problems related to each nation's tax investigation system, and then propose an improved plan for a tax investigation system in Korea. It is necessary to prescribe in the bylaws of the Office of National Taxation that the investigator's performance rating or incentives are not affected in any way by the tax investigator's actual records on tax collection, as this type of evaluation can easily lead to conflicts with the primary goals of the law or written constitution.

• Journal of Navigation and Port Research
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• v.36 no.4
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• pp.299-303
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• 2012

"United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" was passed in July 3, 2008. on September 23, 2009 signing ceremony was held in Rotterdam. The system of maritime performing party is a special system in the transport convention, and constitutes an integral part of the Convention. Maritime performing party system is not the first system which brings in the carrier's independent contractor, but it is the most comprehensive and thorough one. It unified the duty of carrier's independent contractor in the maritime segment, and it is also an important progress in the developing process of international maritime legal system. There are some differences between the maritime performing party and China's current related system, i.e, the port maritime performing party and the intermediate performing party are included in the maritime performing party, and they can enjoy the carrier's exception clause and limitation of liability.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.95-116
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• 2015

Air transport agreement can be divided into air passenger contract of carriage and aviation also of the contract of carriage. And air carriers for damages greater (1) cause reason, of (2) limit reason, (3) exemption reason. Exemption reason for the extinction of the liability for damages in our Commercial Code, the Convention and domestic law are mixed. Convention on the Commercial Code and air transport, air transport people, if it is proved and that it has taken all the measures that are needed for the prevention of damage to overdue damage of passengers, liability is waived. So what was to achieve the requirements of all the actions that are reasonably necessary in any case is a problem. Amendment has the feature that the treaty for the International Air Transport reflect in accordance with the domestic situation, while being struck by international standards encompassing land, sea and air transport, even on the system. However, Commercial Code while mainly reflect the Montreal Convention governing air carrier's liability issues on the contract of carriage, a problem which the Convention had also began to occur together. So the problem due to accept the treaty to fit the domestic situation occurs. There is a need for analysis of all of the actions that are "reasonably necessary, which is defined in the Commercial Code. If there is no claim within Value Date rotor two years to air carriers on the court for the damage caused by air transport, the responsibility of air carriers disappear, sued the period of such two years, what kind of meaning on domestic law extension and stop to be whether it is interpreted, it should be determined to do their aggressive measures for the reasonable care and accident prevention.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.59-158
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• 2005

When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.227-260
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• 2018

Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

• Journal of Venture Innovation
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• v.4 no.3
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• pp.141-150
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• 2021

Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.