• 한국중재학회지:중재연구
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• 제25권3호
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• pp.185-226
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• 2015

As in some developing countries and more recently some developed countries worldwide and in the Asian region, Australia has faced significant internal opposition and public debate especially over treaty-based investor-state dispute settlement (ISDS). As outlined in Part II(1), concerns have re-emerged and escalated since the first-ever claim was brought against Australia regarding its tobacco plain packaging legislation, in 2011 by Philip Morris Asia under an old BIT with Hong Kong. However, Australia signed bilateral FTAs with Korea in 2014 and with China in 2015, including ISDS protections, prompting several sets of parliamentary inquiries (Part II(2)). Australia's close trading partner, New Zealand, had already concluded an FTA with China in 2008 that included more expansive ISDS-backed investor protections. In 2015, the New Zealand Parliament has been debating ratification of its own FTA with Korea, with ISDS also now attracting growing scrutiny, as elaborated in Part III below. In both bilateral FTA negotiations, the present Korean government seems to have reverted to a strong preference for concluding investment agreements with extensive ISDS protections, despite public and parliamentary debate around 2011 in the context of ratifying its FTA with the United States. As mentioned briefly in the concluding Part IV, Korea's stance has significant implications for the future trajectory of treaty-based ISDS - and indeed international arbitration more generally - in the Asia-Pacific region, and perhaps even globally.

• 동아시아경상학회지
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• 제4권2호
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• pp.1-11
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• 2016

This study investigated commercial power theory of traditional market through the analysis of literature review. Consumers' store selection models are made up a theory based on normative hypothesis, theory of mutual reaction, utility function estimation model, and cognitive-behavioral model. Detailed models are as follows. Normative hypothesis based theory is divided into Reilly's retail gratification theory and Converse's revised retail g ratification theory. Interaction theory is composed of Huff's probability gratification theory, MCI model and Multi-nominal Logit Model (MNL model). There are four models in retail organization position theory such as central place theories, single store position theory, multi store position - assign model, and retail growth potential model. In case of single store position theory, theoretical and empirical techniques have developed for a decision to optimum single store position. Those are like these, a check list, the most simple and systematic method, analogy, and microanalysis technique. Aforementioned models are theoretical and mathematical commercial power measurement and/or model. The study has rather limitations because the variation factors included in formula are only a part of actual commercial power. Therefore, further study shall be made continuously to commercial power areas and variables.

• 환경영향평가
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• 제18권2호
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• pp.111-122
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• 2009

The impact of Korea's joining the Convention on the Conservation of Migratory Species of Wild Animals(CMS) was analyzed to examine its merits and faults as well as to discuss Korea's opportunities. Results of the analysis based on the agenda and decisions of the Conferences of the Parties, the parties performance, and other committees meetings over the last decades indicated that the affiliation of Korea into the CMS could provide various advantages and opportunities for Korea. First, Korea could upgrade its conservation activities regarding migratory species to the global aspects. Second, Korea could take initiatives for conservation of the migratory species in the Far East Asia. Third, Korea would have a better system in forecasting and problem-solving against the epidermic Avian Influenza through systematic cooperation with the CMS parties and other related international regimes. Finally, Korea will be in a better position to generate statistical data and to develop techniques to reduce the by-catches of the sharks and whales. Korea has already provided a fair and protective institutions for most of the migratory endangered species listed under Appendix I and II of the CMS. This implies that Korea may not require additional major changes to the basic acts and/or legislation. Joining the CMS may negatively impact on the fisheries and related businesses related to whales and sharks around the Ulsan and Pohang provinces. However, the obligation to protect whales and sharks demanded by the CMS is regarded as an acceptable article in Korea according to the analysis of the existing policies and scientific aspects. Nevertheless, if the joining the CMS should generate irreversible hardship for local people's livelihood and cultural aspects, Korea may ask for reservations on particular activities. Overall, we suggest that by joining the CMS, Korea could see various advantages and promotion in national policy.

• 한국산업보건학회지
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• 제20권4호
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• pp.282-294
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• 2010

The purpose of SAICM (Strategic Approach to International Chemicals Management) is to minimize the health and environmental hazards from the production and the consumption of chemicals by improving the chemicals management capability of developing countries and implementing a system of the risk assessment and the management based on the precautionary principle until 2020. To achieve this purpose, the UN has prescribed the principles, objectives and establishment of an action plan for the chemicals management strategy which must be carried out at international, local, and national levels, and requested the implementation of the Global Plan of Action (GPA) comprising of 273 recommendations in 36 work areas. SAICM is currently based on voluntary participation, but is expected to become the basic framework of international order in relation to chemicals management in the future. This study aims to analyze the practice in the occupational safety and health area relating to implement 273 recommendations of the GPA, and propose complementary measures for the system in order to provide political advices for establishing future plans to manage industrial chemicals. Twenty three areas of total 36 work areas and 161 items of 273 recommendations have relevance to occupational safety and health areas. We have found that, as a national implementation level, 157 of 161 industrial safety and health items are being implemented at a satisfactory level in regard to the implementation of the GPA, while 4 items, including the ratification of the ILO Conventions 170, 174, 184, and support for GHS (Globally Harmonized System of Classification and Labeling of chemicals) implementation of developing countries, require additional complementary measures for the system and operation.

• 수산해양교육연구
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• 제27권5호
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• pp.1265-1272
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• 2015

This study aims at comparison and analyzing of marine officer license system for fishing vessels between South Korea and New Zealand. It is urgently required to establish Republic of Korea-New Zealand mutual certification system for marine officers who are on board ships within applicable area given that New Zealand will force foreign fishing vessels within New Zealand area to reflag from 2016 in accordance with the amendment of Fisheries Act. Secondly, to compare and analyze systems between two countries will contribute to the preparatory work related to ratification STCW-F convention as New Zealand already have completed law amendment to adapt the convention. Maritime law of New Zealand, Seafarers Act and Ship Personnel Act of Republic of Korea were compared and analyzed as references. The result showed that an improvement to corresponding level to the international convention and development of safety training by vessel type, and job descriptions according to the license class are needed to Republic of Korea system. Furthermore, it is suggested to prepare specialized training for deckhands as required in STCW-F convention and standard fishing vessel officer training record for designated institute of education. Therefore institutional complementarity and framework is required as it is expected that the nations of fishing in piscary demand to reflag Korean deep-sea fishing vessels or to ratify the STCW-F convention.

• 통상정보연구
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• 제11권1호
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• pp.441-463
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• 2009

FTA is acting as a central axis to accomplish the worldwide trade liberalization as FTA has been globally spreading with competition. As the global economic depression and the trend of new protectionism are getting grave, and the trade liberalization of GATT and WTO is getting delayed, FTA is spread as an alternative. FTA is often called as RTA: Regional Trade Agreement(regional free trade agreement) which takes place mainly around the neighbor nations or regular districts, and these days, it is tending towards agreements between long distant nations, so, it's not limited to the regular districts. Among the FTA agreement items, in addition to the customs abolition, the opening and investment liberalization of service market like finance, communication etc., intellectual property rights are included in the government's target range. Korea also is actively proceeding FTA conclusion. Korean government has concluded the agreements with Singapore, european nations beginning from Chile concluded in 2003, and is proceeding more the negotiations with Japan, Canada, Mexico, India etc. Now in 2009, FTA of Korea-United States is actually waiting for just the passage of assembly ratification. But, if FTA becomes effective, because our domestic market should be entirely opened, it is expected that the blow against our domestic agricultural field which is weak, compared with that of the United States, a nation of worldwide agricultural products, is not an ordinary one. According to it, we need a whole plan to cope with, so, the purpose of this study is to suggest the strategy by comparing and analysing the Korean agricultural competitive power, and to find the other development stratagem.

• 통상정보연구
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• 제16권3호
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• pp.253-273
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• 2014

한-EU FTA 발효 후 한국의 대영국 수출물량 및 투자는 발효 전에 비해 지속적인 증가 추세를 보여왔다. 영국은 한-EU FTA 효과와 더불어 2013년 세계은행이 선정한 '비즈니스하기 쉬운 국가'에서 최상위로 선정됨에 따라 앞으로도 한국의 다국적 기업들에게 지속적인 수출 및 투자를 하고 싶은 매력적인 무역대상국으로 자리매김 하고 있다. 이러한 가운데 영국법무부는 비즈니스 과정에서 발생하는 부패행위를 척결하기 위해 '영국 뇌물수수법(UK Bribery Act 2010')을 제정 및 전면 시행함으로써 영국과 비즈니스 관계에 있는 개인이나 기업의 뇌물공여 및 수수에 대한 처벌을 선포했다. 영국 뇌물수수법은 적발 시 '무한' 벌금형까지 처벌을 가능하게 함으로써 다른 어떤 부패방지법보다 강화된 법이다. 대영국 비즈니스를 하고 있는 한국의 다국적 기업들도 영국 뇌물수수법의 관할권에 속하기 때문에 영국 뇌물수수법에 대한 정확한 이해와 영국법무부가 발행한 지침서(Guideline)에 명시된 뇌물행위 방지를 위한 준수방안을 구비하지 않으면 가혹한 처벌 대상이 될 수 있다. 따라서 이 논문은 영국 뇌물수수법에 대한 자세한 분석과 해당 법이 한-EU FTA 시대에 대영국 수출 및 투자에 관여하는 한국 다국적 기업에 미칠 영향과 그에 대한 대처방안에 관하여 논하고자 한다.

• 항공우주정책ㆍ법학회지
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• 제5권
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• pp.171-205
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• 1993

On the contrary to the general principle of private law, carriers' liability for passengers and cargo owners have been quantatively limited in some cases. The author traces the rule of liability limitation in the law of Korea and United States to verify two hypotheses. The first hypothesis is that the rule of liability limitation has been introduced to motivate investment when new technology with high risk has been adopted in business. The second hypothesis is that the rule of liability limitation can be maintained only when damages have been fully compensated. The former is a necessary condition for liability limation, and the latter sufficient condition. There are strong evidences for the first hypothesis. Navigation or aviation, artificial satellite lauching, urban transportation system are good examples. The second hypothesis is supported by the fact that there have been continuous controversies on the Warsaw System, including the failure of ratification of Montreal Additional Protocols No.3 & 4 by the U.S. Senate and voluntary removal of liability limitation by the Japanese airline companies. Loss of cargo can be compensated fully, but damages from personal injury and death not. The value of human body and life is not easy to be estimated. Passengers, moreover, do not usually buy insurance for accidents in travel. Passengers do not accept insurance premium as the cost of being whole and alive. They do not accept accident rates realistically. They have no bargaining power in dealing with insurers. The rule of liability limitation in personal losses would not be supported in future because damages have not fully compensated.

• 해양환경안전학회:학술대회논문집
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• 해양환경안전학회 2007년도 추계학술발표회
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• pp.35-41
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• 2007

An International Convention on the control of harmful anti-fouling system on ships(AFS Convention) was adopted on 5 October 2001 at Diplomatic Conference in London, and is expected to be presently effectuated with ratification of more than 25-member nations possessing about 25% of total world tonnage. This convention regulates the operation of harmful anti-fouling system and especially prohibits the use of organotin compounds contained in anti-fouling paint. Organotin compounds have a tendency to be easily extracted by specific solvents and have high polarity and low volatility as specific characteristics. This drives us to attempt of going through the process named derivatization that is required in analysis using a gas chromatography(GC). This study was conducted to determine the proper pre-treatment method, ethylation in comparison with hydridization on the analysis of tributyltin in organotin compounds and to verify the application of the method through the experimental analysis practically used anti-fouling paint and painted layer sample of the served ship.

• 수산해양기술연구
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• 제46권4호
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• pp.466-475
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• 2010

This study intends to present a direction for the better reforming of fishers'onboard living conditions and proposals for preparing for ratification of the Work in Fishing Convention by means of making a comparison between standards on recent national fishing vessel accommodation facilities and standards on the Work in Fishing Convention and Its Recommendation, 2007, ILO. For the most part of standards on national fishing vessel accommodation facilities are somewhat insufficient to satisfy the provisions in Annex III of the Convention. Considering by items on fishing vessel accommodation facilities, the standards on insect protector, noise and vibration, heating and air conditioning, lighting, persons per sleeping room, recreational facility are not provided in national law. Headroom, separation of accommodation, sleeping room floor area, mattress size, mess room, galley and food storage are partially sufficient for the Convention. In case of sanitary facilities, national standards are not sufficient for the Convention. The other side, facilities related safety of ship and crew such as emergency escape etc., are fully sufficient for the Convention. These insufficiencies caused by different types of fishing vessel depend on originality of fishing method and practices. In the comparison between equivalent tonnage about vessel's length on convention and calculated tonnage of national existing fishing vessel, the difference are 226tons about length 24m and 501tons about length 45m. For that reason, headroom, persons per sleeping room, cabin of sicker and injured, sanitary facilities may decide to use gross tonnage in place of length (L) and the alleviating measure basis of convention. But in case of standards on sanitary facilities which are unsufficient for the Convention, specially in coastal fishing vessel length basis should be adopted with alleviating basis for less than length 24m.