• Korea Trade Review
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• v.44 no.3
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• pp.43-72
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• 2019

This study examines the trends, current situation and implications of non-tariff measures (NTM) and specific trade concerns (STC) on the protection trade measures of ASEAN. ASEAN's non-tariff measures and the share of specific trade concerns are very significant as they are the second and third largest, respectively, of the major countries. This means that protection measures using non-tariff measures are a strong feature of ASEAN's trade policy. Also, in the future, ASEAN should try to prevent unnecessary disputes caused by exporting countries' specific trade concerns in the implementation of non-tariff measures. Activating trade policy cooperation is likely to reduce conflicts and costs caused by these trade disputes.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.73-106
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• 2004

The UNCITRAL Arbitration Working Group began its deliberations on the topic of interim measures of protection at its thirty-second session (Vienna, 21-30 March 2000), when the Working Group expressed general support for a legal regime governing enforcement of interim measures of protection ordered by the arbitral tribunal. Also the Working Group took a preliminary analysis of whether there was a need for a uniform rule on court-ordered interim measures of protection in support of arbitration. The Working Group agreed, at its thirty-third session (Vienna, 20 November-1 December 2000), that the proposed new article to the UNCITRAL Model Law on International Commercial Arbitration on enforcement of interim measures of protection (tentatively numbered article 17 bis) should include an obligation on courts to enforce interim measures if prescribed conditions were met. At its thirty-fourth session (New York, 21 May-1 Jun 2001), in addition to continuing its review of draft article 17 bis, the Working Group proceeded to consider a text revising article 17 of the UNCITRAL Model Law, which defined the scope of an arbitral tribunal's power to order interim measures and included an additional provision on the granting of interim measures on an ex parte basis. Discussions in relation to revised drafts of article 17 and 17 bis of the UNCITRAL Model Law have continued at the fortieth session ( New York, 23-27 February 2004). Article 17 of the UNCITRAL Model Law provides that the arbitral tribunal may order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect to the subject matter of the dispute. However it may be noted that the article does not deal with enforcement of such measures.

• Journal of the Korea Society of Computer and Information
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• v.25 no.11
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• pp.195-200
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• 2020

Korea enacted the Protection of Public Interest Reporters Act in March 2011 to protect whistleblowers from acts of infringement of public interest in the private sector. Most acts of infringement of the public interest are carried out secretly within the organization, which is known to the outside world by reports from members of the organization who are well aware of the problems within the organization. However, whistleblowers are at a disadvantage due to reporting and are reluctant to report. In addition, measures are needed to strengthen institutional mechanisms such as confidentiality, protection of personal information, responsibility, and prohibition of disadvantageous measures to effectively protect reporters due to lack of practical protective measures. Therefore, practical protection measures for whistleblowers are needed in line with the purpose of protecting whistleblowers, and measures to expand the corresponding compensation system will also be needed. Therefore, in this study, we would like to review the main contents of the current system for protecting whistleblowers in Korea and suggest reasonable improvement measures for protecting whistleblowers.

• Asia-Pacific Journal of Business
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• v.13 no.3
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• pp.227-243
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• 2022

Purpose - This study surveyed real estate financial consumers and financial company staff regarding the components of the financial consumer protection system to seek detailed improvement plans for the Financial Consumer Protection Act. Design/methodology/approach - The Analytic Hierarchy Process (AHP) technique is applied. Findings - Both consumers and staff highly evaluated the importance of the preventive measures in the main classification factors. Regarding the sub-classification factors of preventive measures, consumers emphasized the responsible management of investment staff and financial institutions; however, the staff stressed the principle of effectiveness and efficiency. Regarding the elements of ex-post remedies, consumers answered that fast remedy would have a significant effect. At the same time, staff believed that punitive measures hinder free trading and investment activities. Regarding the sub-sub classification factors of prevention measures, the consumers value responsible management of staff and financial companies, while the staff tend to prefer the importance of the self-regulatory governance. Research implications or Originality - Based on the above results, financial regulatory authorities should find a balance between preventive and ex-post components once focusing on preventative measures. Our paper is one of the first research findings in this field of financial consumer protection system in Korea.

• Journal of the Korea Society of Computer and Information
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• v.23 no.11
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• pp.185-191
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• 2018

The purpose of this study is to present effective basic data for business management through analysis of importance and performance of personal information protection of the elderly welfare center workers. For this purpose, the questionnaire on the protection of personal information was reconstructed based on the diagnostic level of the personal information security management level of the public institution and the questionnaire was conducted on 105 employees of the elderly welfare center in Chungbuk area. Based on the responses to the importance and the degree of performance of the personal information protection of the elderly welfare center employees, technical statistics and corresponding sample T-tests were conducted and the importance-performance analysis (IPA) was used. Followings are the results of this study: First, there is a statistically significant difference between the importance and the implementation of the management system for the protection of personal information of the workers in the elderly welfare center, establishment and implementation of protection measures, establishment and implementation of infringement measures. Second, IPA analysis on the protection of personal information of the workers in the elderly welfare center shows that the establishment and implementation of protection measures are the areas to maintain good performance. Third, in IPA analysis of the sub-factors of the personal information protection of the workers in the welfare center of the elderly, in the construction and management of the management system, in performing the role of the personal information protection officer and establishing and implementing protection measures, The factors of prevention of information disclosure and exposure and the safe use and management of personal information processing system were analyzed as areas requiring intensive improvement. This study is meaningful as a basic research that can raise the awareness of the personal information protection of the workers in the elderly welfare center and induce the improvement of the related work.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.215-238
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• 2012

This paper is to review the interim measures of arbitral tribunals in international commercial arbitration and to compare the emergency arbitrator systems of international arbitration institutions including the ICDR, SCC, SIAC, ACICA, and ICC. Most arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measures of protection. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the revised articles with regard to interim measures of UNCITRAL Model Law of 2006 are regarded to contribute significantly to the effectiveness of interim measures in international commercial arbitration. A party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal may make an application for such measures. Major international arbitration institutions have their own rules and provisions for the emergency arbitrator system, which was set forth first by the ICRD in 2006. The application requirements for emergency arbitrators are almost the same. However, there are significant differences in details such as appointments and applications for challenging emergency arbitrators, the process and form of the emergency arbitrator's decision, etc. Therefore, it will be necessary to consider these differences for more desirable emergency arbitrator proceedings in Korea.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.185-211
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• 2004

It is a common and prevailing Construction that recent environmental problems such as earth's warmer climate and depletion of ozone layers can never be solved by the efforts of any one nation. That is why the international conventions have been held more often lately in order to discuss the matter of environment protection and there has been increased tendency of using economic activities of any nation especially their international trades as means for achieving the purpose of environment protection. Furthermore, there is an ample possibility for the advanced countries to use the regulatory restrictions for environment protection as an another measure of none-tariff barrier against countries including Korea which has high dependence on international trade with not very high technological capability of environment protection. Some of the developed countries have recently moved toward the creation of a new system of international regulatory measures on world trade in the name of Environment Protection. They Plan to impose strict control over the process and technology of production of good they are importing from other country. However, ever though the international regulatory measures, in a short term, could play a negative role on our trade capability, they could, in the long run, also play a role of helping hands if we usefully work out positive countermeasures as a result of hand-working government supported by industry and all the society as a whole.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.74
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• pp.125-150
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• 2017

Environment protection is one of the important political goals along with trade liberalization. Some of the institutions associated with it, however, either hinder trade or exert distorted influence and can arouse trade conflicts eventually. Therefore, harmony between environment protection and trade policy is becoming a crucial issue nowadays. Among the policies for environment, those related to climatic change are regarded as major tasks to deal with in the world commonly. Saying that it is for environment protection, advanced countries impose fines for environment protection on developing countries through border tax adjustments about the items imported from them. However, there is no such agreement about it internationally, so disputes often arise regarding what extent is appropriate as countries cope with it differently in their own way. Disputes about measures for climatic change are highly influential economically, and due to the severe conflicts of interests between states, they often tend to become politicized. Accordingly, we can say that such disputes affect international trade based on the WTO system seriously. When it comes to negotiation for climatic change, we should establish international systems urgently which can work fairly and effectively for all the countries joining in it. Therefore, it is important to examine the treatment of trade restriction measures intended to solve climatic change in international negotiations and establish definite conditions about which measures are allowed and which are not. In conclusion, we should devise rules for environment protection internationally which all the countries in the world can accept and agree on and also make the definite criteria of interpretation as well. Also, through those trade regulations, we should be able to accomplish environment protection globally and at the same time produce synergy, that is, economic growth through trading.

• Journal of Information Technology Services
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• v.10 no.4
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• pp.21-32
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• 2011

The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

• Fire Protection Technology
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• s.12
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• pp.36-46
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• 1992

This report is on how to extend the life of transformer and reduce losses resulted from fire and faiure of transformer through the proper maintenance and fire protection of Oil-insulated transformer