• 한국축산식품학회지
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• 제41권2호
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• pp.324-334
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• 2021

This study aimed at determining the genetic and virulence characteristics of the Listeria monocytogenes from smoked ducks. L. monocytogenes was isolated by plating, and the isolated colonies were identified by PCR. All the obtained seven L. monocytogenes isolates possessed the virulence genes (inlA, inlB, plcB, and hlyA) and a 385 bp actA amplicon. The L. monocytogenes isolates (SMFM2018 SD 1-1, SMFM 2018 SD 4-1, SMFM 2018 SD 4-2, SMFM 2018 SD 5-2, SMFM 2018 SD 5-3, SMFM 2018 SD 6-2, and SMFM 2018 SD 7-1) were inoculated in tryptic soy broth (TSB) containing 0.6% yeast extract at 60℃, followed by cell counting on tryptic soy agar (TSA) containing 0.6% yeast extract at 0, 2, 5, 8, and 10 min. We identified five heat resistant isolates compared to the standard strain (L. monocytogenes ATCC13932), among which three exhibited the serotype 1/2b and D-values of 5.41, 6.48, and 6.71, respectively at 60℃. The optical densities of the cultures were regulated to a 0.5 McFarland standard to assess resistance against nine antibiotics after an incubation at 30℃ for 24 h. All isolates were penicillin G resistant, possessing the virulence genes (inlA, inlB, plcB, and hlyA) and the 385-bp actA amplicon, moreover, three isolates showed clindamycin resistance. In conclusion, this study allowed us to characterize L. monocytogenes isolates from smoked ducks, exhibiting clindamycin and penicillin G resistance, along with the 385-bp actA amplicon, representing higher invasion efficiency than the 268-bp actA, and the higher heat resistance serotype 1/2b.

• 아동학회지
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• 제36권1호
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• pp.125-146
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• 2015

The "Child Care and Education Policy(CCEP)" is important because it is responsible for providing 'care and education service' to young children in their 'most sensitive period' of human development. In reality, however, children's rights can only be sanctioned by adults and their rights are recognized at the level of abstraction. This study analyzes the 'Child Edu-care Act(CEA)' first enacted in 1991 from the 'perspective of children's rights', especially in terms of the rights of infants and preschoolers. In order to assess the CEA's "children's rights guarantee level", this study developed a number of standards based on the "UN Convention on the Rights of the Child(CRC)" and other documents. The results revealed that "children's rights guarantee level" was assessed against 4 categories ('Right to Survival and Development', 'Right to Welfare', 'Right to Education', and 'Right to Proper Care'), and the CEA(1991) was found to have a high guarantee level although it was enacted before Korea's ratification of the CRC. The results of this study can serve as a useful reference point for detailing children's rights and suggesting regulation standards for the CCEP.

• 한국중재학회지:중재연구
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• 제27권3호
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• pp.53-76
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• 2017

Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

• 무역상무연구
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• 제77권
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• pp.69-89
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• 2018

The United States of America is one of the most favoring countries in which mandatory pre-arbitration clauses in the form of adhesion contract have been widely recognized and supported by courts and the Federal Arbitration Act. However, after the financial crisis in 2008 and the National Arbitration Forum scandal in 2009, in enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act ('Dodd-Frank Act'), Section 1028(a) of the Act requires the newly created Consumer Financial Protection Bureau (CFPB) to provide Congress with a report on "the use of agreements providing for arbitration of any future dispute between covered persons and consumers". Section 1028(b) also grants the CFPB the authority to "prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers." Pursuant to the Dodd-Frank Act, the CFPB issued a report entitled "2015 Arbitration Study: Report to Congress 2015 (Report)" in March 2015. This paper examines some major legal issues of the Report and makes a few recommendations for Korean financial institutions which entered into the U.S. financial market or has a plan to do so in the near future.

• 항공우주정책ㆍ법학회지
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• 제32권1호
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• pp.419-477
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• 2017

우주 공간은 천연 자원의 보고로, 미래 인류의 지속적인 생존과 번영을 위해, 언젠가는 개척해야 할 영역이다. 문제는 우주에 존재하는 수많은 자원들의 수송, 이용, 처분과 같은 민간 차원의 배타적 소유권 행사가 국제법적으로 가능하냐는 것이다. 1967년 제정된 우주조약의 경우에는 우주에 대한 국가적 소유는 금지하고 있으나 사적 소유에 대하여는 아무런 규정을 두고 있지 않다. 따라서 민간 기업과 같은 사적 주체에 의한 우주 자원의 재산적 권리가 가능한 것은 아닌가 하는 해석을 할 수 있다. 지난 2015년 11월 25일 미국은, 이와 관련한 '상업우주발사경쟁력법'(CSLCA)을 제정하면서, 민간 기업의 소행성 자원과 우주 자원의 점유, 소유, 이용, 수송, 처분 등에 관한 재산적 권리를 명시적으로 인정하였다. 본 논문에서는 이와 같은 문제에 주목하여, 2015년 CSLCA의 구조와 법적 쟁점들을 검토해 보았다. 특히 우주 자원의 사적 소유권 쟁점을 중심으로, 국제우주법 체제의 제규정들과 비교 분석하였고, 이를 통해 CSLCA 제4편 SREU Act의 타당성 여부를 검증해 보았다. 결론은, 새로운 우주 시대를 위해 우주 자원의 '사적 소유권'을 보장할 필요가 있다는 것이다. 구체적으로는, 우주 천체와 우주 자원을 구분하여 파악하되, (1) 우주 천체로부터 분리되지 않은 비추출 우주 자원의 경우에는 사적 소유를 금지하며, (2) 우주 천체로부터 분리되어 추출된 우주 자원의 경우에는 사적 소유를 인정하여야 한다고 본다. 나아가 1967년 우주조약은 현대적 입법 환경에 맞추어, 새로운 우주 산업 시대를 보다 효율적으로 설계할 수 있는 방향으로 개선되어야 할 것이다.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2013년 추계학술대회
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• pp.569-578
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• 2013

This paper which took effect in September 2011 to comply with the Privacy Act were studied in terms of the provisions for penalties. Article 70 to 75 of Privacy Act in was considered with mandatory provisions of items, and for the compliance required actions was developed and item indexing according to collection, use, offer, charge, destroying of life cycle of personal information.

• 무역학회지
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• 제44권1호
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• pp.177-191
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• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• 한국항해학회지
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• 제15권2호
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• pp.61-86
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• 1991

This paper aims to investigated the reasonable objectiveness of trading areas on the Korea Ship Safety Act and to make a regulated proposal of trading areas. To achieve the above mentioned object, we analyzed the existing rules and other related circumstances of maritime fields. On the basis of this viewpoint, this paper was focused on three topics of concern : (1) the relationship between the ship Safety Act and other Maritime Acts. (2) the legislative examples of foreign countries, (3) the reasonable revised reasons of trading areas. In this paper, we proposed following four matters such as (1) the modification of ship's length and speed which are the designative basis of trading areas, (2) the extension of the smooth sea area to limit of territorial seas (3) the extension of the near-coastal area to the coasts of the P.R.C., Japan, the U.S.S.R and the R.O.C ., and rename of its area into the near & greater coastal area, (4) the annulment of greater-coastal area.

• 정보학연구
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• 제9권3호
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• pp.1-14
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• 2006

China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

• 한국사회복지학
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• 제49권
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• pp.264-295
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• 2002

This study aims to identify the enactment factors of the National Basic Livelihood Institution in context of policy making process by using Kingdon's policy Stream Model. The findings of this study can be summarized as follows. First, an economic crisis has worsened social problems, and the president Kim Dae-jung recognized these problems as serious and worried about social confusion and polarization. Second, NGOs as like People's Solidarity for Participatory Democracy put efforts into enacting the Act. Also, the president Kim's government faced a series of political crisis and needed political solution including foundation of a new party, which considered social welfare most important. Third, the PSPD designed the Act. But the alternatives of related government ministries were not selected. In conclusion, the National Basic Livelihood Institution was enacted by the combination of these three factors stream. Especially the political stream was strongest.