• Title/Summary/Keyword: Society's legal system

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Management of plant genetic resources at RDA in line with Nagoya Protocol

  • Yoon, Moon-Sup;Na, Young-Wang;Ko, Ho-Cheol;Lee, Sun-Young;Ma, Kyung-Ho;Baek, Hyung-Jin;Lee, Su-Kyeung;Lee, Sok-Young
    • Proceedings of the Korean Society of Crop Science Conference
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    • 2017.06a
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    • pp.51-52
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    • 2017
  • "Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. (Internal Treaty on Plant Genetic Resources for Food and Agriculture, ITPGRFA). The "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity (shortly Nagoya Protocol)" is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, 90 days after the deposit of the fiftieth instrument of ratification. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by; (a) Establishing more predictable conditions for access to genetic resources and (b) Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources. By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being. The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including; (a) Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance, (b) An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs, (c) Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, this can include capacity to develop domestic ABS legislation to implement the Nagoya Protocol, to negotiate MAT and to develop in-country research capability and institutions, (d) Awareness-raising, (e) Technology Transfer, (f) Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol's financial mechanism, the Global Environment Facility (GEF) (Nagoya Protocol). The Rural Development Administration (RDA) leading to conduct management agricultural genetic resources following the 'ACT ON THE PRESERVATION, MANAGEMENT AND USE OF AGRO-FISHERY BIO-RESOURCES' established on 2007. According to $2^{nd}$ clause of Article 14 (Designation, Operation, etc. of Agencies Responsible for Agro-Fishery Bioresources) of the act, the duties endowed are, (a) Matters concerning securing, preservation, management, and use of agro-fishery bioresources; (b) Establishment of an integrated information system for agro-fishery bioresources; (c) Matters concerning medium and long-term preservation of, and research on, agro-fishery bioresources; (d) Matters concerning international cooperation for agro-fishery bioresources and other relevant matters. As the result the RDA manage about 246,000 accessions of plant genetic resources under the national management system at the end of 2016.

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A Study on Legal Comparison Review of the Pilot's License System of WIG Ship(surface-flying ship) and Pilot Certification System of Aircraft (수면비행선박 조종사 면허제도와 항공기 조종사 자격증명제도의 법적 비교 검토)

  • Park, Sang-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.95-126
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    • 2020
  • In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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A study on the Regional Informatization Policy Implementation System in Korea (한국 지역정보화 추진체계 개선에 관한 연구: 지능정보사회의 지역균형발전을 중심으로)

  • Jin, Sang-Ki
    • Informatization Policy
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    • v.24 no.3
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    • pp.67-90
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    • 2017
  • This study is conducted to find out problems in the implementation system of regional informatization policies in Korea and solutions to enhance the effectiveness in policy execution. The study uses research methodologies such as participant observation, interview and AHP for experts and employees of public organizations for regional informatization policies. Many implications were found in the analysis, including that policy relations, structure of the policy implementation system, and environment and contents of regional informatization policiesin Korea have to be innovated and re-organized. Especially, this paper emphasizes the horizontal and cooperative relationship between the central and local governments and redesigning of the legal system on the regional informatization. This paper also shows expectations on reshaping of the regional informatization policies with the paradigm shift of the government power toward decentralization. This paper also finds diverse views on the problems and solutions for the regional informatization policy implementation system based on different characteristics and interests of policy participants. This paper finds the possibility of applying the policy network model to regional informatization policy implementation, which can be supported by Rhodes & Marsh(1992)'s theory. Therefore, this paper shows the change of regional informatization policies can be expected through application of the policy network. Although the paper draws many academic and policy implications, they are limited to the implementation system of regional informatization policies only.

Legal Review of Regulatory Guidelines for Medical Advertisements Online (인터넷 의료광고의 규제방향에 대한 법적 검토)

  • Lee, Kyeoung-Kwon
    • The Korean Society of Law and Medicine
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    • v.9 no.2
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    • pp.269-308
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    • 2008
  • The contemporary age is a period of PR for the self. Regardless of how good the quality of goods or services offered is, if it is not made known to the buyers, a sell is impossible. As a result, the contemporary man is flooded with advertisements and is living in a time of over-saturated information. This is not much different in the medical services sector, as it too is experiencing an overflow of information due to the expansion of advertisement approaches to include not only the previous positive-method, but also the negative-method. In tandem, recent advancements in electronics and information technology has made possible a rapid increase in then number of internet advertisements. However, outmoded medical law, which was created to regulate newspapers and billboards, is still being applied to regulate today's modem medical advertisements. At the same time, collateral ordinances such as "corrective statutes for signs and advertisements" are not sufficient in providing the necessary regulatory countermeasures. In the midst of all this, as IPTV is scheduled to be broadcast nationwide starting next year, and with the market for search advertisements and internet advertisements annually growing at a rapid pace, it has become evermore urgent to come up with an adequate regulatory measure. Consequently, it is necessary to look into the possibility of restricting the medium and content of internet medical advertisements as well as realistic schemes for its realization. In particular, regulatory measures that take into consideration the special characteristics of internet advertisements should be found, and the necessity of an prior deliberation procedure and the likelihood of introducing a certification system should be examined.

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A Study of Pace Strategy & Correlation of Product Liability Management Activity, Enterprise Value (제조물책임(製造物責任) 관리활동(管理活勳)과 기업가치(企業價値)간의 상관관계 및 대응전략(對應戰略) 연구)

  • Min, Dong-Seong;Chang, Seog-Ju;Park, Roh-Gook
    • 한국벤처창업학회:학술대회논문집
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    • 2008.11a
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    • pp.285-334
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    • 2008
  • The manager of manufacturing industry just not to have known to do related to the law of Product Liability that was put into operation in July 2002. The law of PL is a public law about defective product, which was established in order to compensate consumer's damages of property and body caused by product, to make sound society by the safety products and to take international competitiveness. The economic effects by the law of Product Liability are the increase of consumers relief production cost by the lawsuits. Product liability as a process has developed significantly in the United Kingdom and the United States of America. The rapid introduction of product liability has recently been a prevalent phenomenon, as global changes arising from rapid development in science and the economy have resulted in a highly interconnected world economy. This thesis was established, based on current literature and business consulting cases in the position of companies, and is one of the operating subjects in a system for legal responsibility in manufactured products. However, there are limitations in the fact that research theories are only able to present a theoretical model and directions. In this context, managers and personnel of multiple companies cannot adequately respond to the recently enforced Product Liability Act. The major findings are summarized as Product Liability Management Activity are positively Correlation of Enterprise Value.

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Changes in the Attitudes of Doctors toward Cooperative Practices between Western Medicine and Traditional Korean Medicine - A Systematic Review in Korean Literature - (한.양방 협진에 대한 의사들의 인식변화 - 국내 문헌에 대한 체계적 고찰 -)

  • Min, Hyun-Ju;Ryu, Ji-Seon;Yun, Young-Ju
    • Journal of Society of Preventive Korean Medicine
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    • v.16 no.1
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    • pp.15-29
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    • 2012
  • Background : With the increase of cooperative practices (CP) between conventional western medicine and traditional Korean medicine, there have been lots of researches on the status of CP and the attitude of doctors. Objective : Since most of the research is cross-sectional, this study aims to figure out the changes in the attitude of doctors toward CP through systematic review. Method : Systematic literature searches were performed on several databases in Korea. They were categorized according to the respondents and question items and analyzed by the context of questions, similarity of respondents and measurement scale. And we analyzed the changes of response regarding to doctors' awareness and attitude to CP. Results : Thirteen survey studies including attitude of doctors toward CP were selected. These studies were conducted between 1997 and 2009 and the number of respondents of each study ranged from 20 to 702. There has been increasing awareness of CP among doctors ; however the positive responses on the necessity of CP has decreased. Regarding the type of illness effectively treated employing CP, there was a shift from neurovascular to musculoskeletal and immune diseases. Most of the studies listed different approaches to disease, prejudice of health care providers and inadequate legal system as major obstacles against CP. Conclusion : In spite of the increase of CP in the last 20 years, there has not been marked positive change in the doctors' attitude toward CP. To promote CP, it is required to confirm the effectiveness of CP through disease models and change the medical legislation policies on CP.

A Study on the Operational Efficiency Analysis of University Libraries (대학도서관 운영의 효율성 분석에 관한 연구: A대학도서관을 중심으로)

  • Park, Hyun Young;Rhee, Hey Young
    • Journal of the Korean Society for information Management
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    • v.33 no.1
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    • pp.139-160
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    • 2016
  • This study suggested improvements after analyzing the effectiveness of "A" university library. So, this study analyzed the effectiveness of E-group "A" university, and measured the effectiveness, classifying with three conditions about input & output and factors and conditions about regional categories. As a result, it is necessary to operate E-group 38 university libraries and "A" University library by increasing input factors to increase outputs. The improvements are as followings. First, it is necessary to stir up member's recognition on libraries. To this, there is a legal system for university library. Second, it is necessary to include library use education in curriculum. Third, it is necessary to prepare complex space so that the members can borrow books and use it for cultural space and rest space.

Improvement in the Medical Dispute Mediation System of Korea Consumer Agency (한국소비자원 의료분쟁 조정제도의 개선방안)

  • Jeon, Byong-nam
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.255-288
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    • 2015
  • It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

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A Study on the Legislation Directions of FRAMEWORK ACT ON KOREA COAST GUARD(tentative name) ((가칭) 해양경찰기본법 입법방향에 관한 연구)

  • Son, Yeongtae
    • Journal of the Society of Disaster Information
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    • v.10 no.3
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    • pp.396-407
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    • 2014
  • In 19th May 2014, the government announced that KCG(Korea Coast Guard) is dissolved regarding responsibility for recently accident which is Sewol ferry disaster. But KCG, a central administrative agency is responsible for protecting maritime sovereignty of South Korea; the most basic and indispensable organization. Furthermore, The purpose of KCG is to provide the safety of the public and keeping of public order by prescribing matters necessary for the securement of maritime security, maintenance of public order and protection of marine resources & facilities. Therefore, In this article, I would like to suggest tentatively named FRAMEWORK ACT ON KOREA COAST GUARD's management plan which could reflect the scope of functions. It means we examine the current state of KCG, and would like to signpost for the most ideal way of legal system in Korea Coast Guard. Finally, this treatise is expected that this research can be a guideline contribute to improving Korea Coast Guard relevant laws even a little.