• Title/Summary/Keyword: Protection Law

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Japanese Space Policy - Where is she going?

  • Hashimoto, Yasuaki
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.435-443
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    • 1997
  • Passing 26 years from 1970 when the first satellite was launched into the orbit, Japan developed and successfully launched H-II from Tanegashima Space Center in 1994. During those period, Japanese space policy has experienced a big shake from independent development to technology import from the US, and back again to independent development. In general, the H-II rocket which was manufactured by 100% domestic technology, brings Japan from the old era (experimental stage) to the new era (practical use stage). Fundamental Policy of Japan's Space Activities, which decides such policy as mentioned, was revised in January, 1996 this year after an interval of 7 years. This revised outline confirms the result of Japanese space technology until present and identifies the future direction and framework of her space activities for a period of coming ten years on the basis of a ong-term perspective towards the 21st century. However, when comparing with the last Fundamental Policy in 1989, there seems no big change in it, and a long-term perspective is also not seen there. The description varies on some important points in international space law, like international cooperation, protection of environment, commercial use, etc. In addition, the immaturity as well as the necessity of broader discussion are felt because neither this Fundamental Policy nor The National Defense Program Outline treated any national and international security matters concerning outer space. Considering the present time when Japan enters into the practical use of outer space, such as application, commercial use and launching service, etc, it is doubtful whether new Fundamental Policy was properly planned or not. It seems necessary to use several measures by which the public opinion, opinions from industry and debate on the security are reflected in the policy making.

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Canadian Domain Name Arbitration (캐나다의 도메인이름중재제도)

  • 장문철
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.519-546
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    • 2004
  • On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

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A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
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    • v.7 no.4
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    • pp.63-68
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    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

A Comparative Study on the Regulations for Landscape Managements of Historic Cities in Korea and Japan (한국과 일본의 역사도시 경관관리법규의 비교 -경주시와 나라시의 사례로-)

  • 정성태;조세환;오휘영
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.3
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    • pp.105-115
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    • 2000
  • The purpose of paper is to investigate the characteristics of regulations on landscape management of historic city of Kyongju in Korea, compared with those of Nara in japan to answer the research question that what is the regulative characteristics of landscape management of historic city in Korea. We have analyzed the three laws of the two country - Urban Planning Law, Cultural Assets Protection law, and Building Law. This research has been done in terms of regulative systems of the two country and articles, ordinances, and bylaws on landscape managements of historic city Major components of urban historic landscape management are goals and devices of preservation, preserving actor, authorized actor permitting major planning change, regulatory power on landscape development, and backgrounds of enacting regulations. From this research, we have fond the fact that 1) Kyongju City has general and implicit objectives of landscape management based on conservation of natural environment while Nara City has concrete objectives of lansdscape management, 2) Kyongju City has no regulations on landscape planning while Nara City has systematic planning measures such as designation of landscape management district, planning for preservation of historic landscape, and planning for establishing urban landscape, 3) In an application of landscape management district, Kyongju City designate the district based on the general principle of urban planning district while nara City designate it in a more detailed manner such as district of preservation of historic landscape, district of landscape establishment, and district of building agreement. 4) Kyongju has no legal actor in implementation and management of historic landscape plan while Nara City has administrative organization and procedures, including citizen participation, public hearing, and voluntary participation, and 5) Kyongju City does not operate the consultation committee on landscape management just like Nara City operating. This research results will provide us the remedial insights for landscape preservation of such Korean historic city as Kongju, Puyo, and Chunju. Since our research is focused on the limited area of preserving landscape in historic cities in korea and Japan we need to study sociocultural issues on preserving urban historic landscape more in depth in the future.

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A Study on Alternative Medical Disput Resolution -With a Focus on Medical Dispute Mediation of Kca- (제소 전 의료분쟁 해결에 관한 연구 -한국소비자원 의료분쟁 조정을 중심으로-)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.71-89
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    • 2012
  • Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

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A Study on the Effectiveness of Blockchain and Legal System and Policy Tasks for SMEs (중소기업의 블록체인 적용효과와 법제도 및 정책적 과제에 대한 융합적 연구)

  • An, Myeonggu;Park, Yongsuk
    • Journal of Convergence for Information Technology
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    • v.9 no.7
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    • pp.14-24
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    • 2019
  • It is necessary to look into multiple subjects, such as effectiveness, laws and polices of blockchain in order to easily accept blockchain technology in small and mid-sized enterprises(SME). This study analyzes the positive effects of applying the block chain to SMEs, examines the laws and policies required to apply them, and identifies the tasks. As a result, we confirmed that it can create positive effects such as optimizing supply chain management, simplifying import and export process documents, improving product quality, facilitating flow of funds, and improving transaction reliability. Also, we confirmed that it is necessary to improve the basic law of electronic transaction, electronic commerce law, electronic financial transaction law, personal information protection legislation, and needs policy supplement for platform development, education system for SMEs, transaction standardization guidelines, tax reduction policy, and block chain research and development. More extensive practical research and specific individual legal studies are needed in the future.

Analysis of the Global Data Law & Policy and its Implications: Focusing on the cases of the United States, the United Kingdom, and the European Union (국내외 데이터법·정책 분석 및 시사점: 미국, 영국, EU의 사례를 중심으로)

  • Yoon, Sang-Pil;Kwon, Hun-Yeong
    • Informatization Policy
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    • v.28 no.2
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    • pp.98-113
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    • 2021
  • This study presents implications of the Global Data Law & Policy by comparing national data strategies, data regulations and policies, and governance in South Korea, the United States, the United Kingdom, and the European Union. According to the result of the comparative analysis, the biggest difference is in data governance, in other words, the management and coordination of policies at the pan-government level and data ethics. Therefore, this study proposes the establishment of a presidential special committee on data policy or the creation of a 'National Digital Innovation Office' at the Presidential Secretariat as a national CDO for the governance of data policies. Furthermore, this paper suggests a) to enact 'the Framework Act on the Development of Data Industry' that can regulate data practices in the private sector, b) to institutionalize the data-centric security and data protection, c) to settle the public ethics and personnel management based on data expertise and professional ethics, including explainability and responsibility, and d) the education and training systems.

Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

A Proposal for Workers to Mandatorily Wear High-visibility Safety Clothing in Korea through the Analysis of the Current Status and Evaluation of Its Visibility (국내 고시인성 안전의복의 착용 현황 분석 및 시인성 평가를 통한 착용 의무화 제안)

  • Kang, Inhyeng;Choe, Byongho;Oh, Cheol;Youk, Ji Ho
    • Fashion & Textile Research Journal
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    • v.24 no.4
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    • pp.471-478
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    • 2022
  • In roadside workplaces, more attention should be paid to the safety of workers. The roadside workers underestimate the effect of the brightness of their clothes and judge that drivers will recognize them easily, and the drivers misjudge that the roadside workers are far away and that the vehicle can be stopped in sufficient time. Therefore, customized safety education reflecting this and wearing work clothes with certified visibility functions are required. In Korea, it is not compulsory for roadside workers and vehicle guide attendants to wear work clothes with a visibility function. In this study, the distance ahead perceived by drivers was measured using manikins wearing certified and non-certified reflective safety vests. The perception distance of the non-certified reflective safety vest was 1.4 times longer than that of the certified reflective safety vest, thus confirming the importance of wearing a certified reflective safety vest. To prevent roadside workers from suffering traffic accidents, we propose the enactment of a law that makes it mandatory for them to wear high-visibility safety clothing. Specifically, Article 32 of the Enforcement Regulation of the Road Traffic Act should include high-visibility safety clothing in life protection equipment, and additionally, to prevent secondary accidents, we propose the enactment of a law requiring the installation and wearing of certified reflective safety vests in vehicles.

The regulatory system for imported-cargo radiation monitoring in Korea and a proposal for its improvement

  • Wo Suk Choi ;Tae Young Kong ;Hee Geun Kim;Eun Ji Lee ;Seong Jun Kim ;Jin Ho Son ;Chang Ju Song;Hwa Pyoung Kim;Cheol Ki Jeong
    • Nuclear Engineering and Technology
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    • v.55 no.1
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    • pp.1-11
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    • 2023
  • To protect people and the environment from environmental radiation, the Act on Protective Action Guidelines against Radiation in the Natural Environment was formulated in Korea in 2011. This law regulates matters related to radiation safety that can be encountered in life. In accordance with this law, radiation monitoring equipment is operated at major airports and ports across the country, ensuring radiation monitoring of imported cargo. Currently, six ministries conduct radiation monitoring of imported cargo: the Nuclear Safety and Security Commission; the Korea Customs Service; the Ministry of Food and Drug Safety; the Ministry of Environment; the Ministry of Agriculture, Food and Rural Affairs; and the Korea Forest Service. Each ministry designates the relevant cargo items for radiation monitoring. The objective of this study was to comprehensively review the Korean radiation monitoring system for imported cargo and identify the areas and scopes of improvement. This paper also proposes a new law and an integrated supervision plan, which involves establishing a dedicated department to enhance the efficiency and professionalism of the national radiation monitoring system for imported cargo. The review will contribute to the development of a more sophisticated national radiation monitoring system for imported cargo.