• Journal of the Korean Society of Environmental Restoration Technology
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• v.8 no.2
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• pp.65-75
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• 2005

A green area plan is getting attention as a way to solve the recent urban problems such as the rise of environment problems. To correspond to this change, there were dramatic amendments for the green area related laws. These amendments are appraised as the epochal turning point for the green area policies. This study is to introduce the main contents of amended urban green area law and urban park law in Japan, to compare with the Korean green area related laws, and to summarize the special features of both countries' green policies and the comments about the Korean green area policy structures. As a result, this amendment of Japan established the unified green area policy structure supporting the green area policies of municipal governments and is inducing living environment improvement by securing green area in the center of city, support, and the participation of residents. On the other hands, this amendment of Korea is a lack of the systemization of green area policy and the phased establishments of green area plan in spite of the scope of whole city because of absence of the unified high level plan.

• Journal of the Korea Society of Computer and Information
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• v.24 no.1
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• pp.207-215
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• 2019

The insurance system is indispensable to our society. However in recent years, there have been a lot of insurance fraud crimes, such as the abuse of these valuable insurance system and the cheating the insurance proceeds. These insurance frauds make the insurance companies harder to manage, and as a result, the insurance premiums have risen, which has caused a lot of damaging good policyholders. However, the damage caused by insurance fraud has been continuously increasing due to the punishment of cotton stick. Therefore, after the long discussion, the 'The Act for Prevention of Insurance Fraud', which is a special law recently has been enacted. However, within two years of the enactment of this law, which was enacted after much anticipation and long waiting, there is already debate about its effectiveness. The reason for this is that even though the law was enacted and enforced, insurance fraud continues to increase and even punishment for these crimes is not strengthened, and now it is time to look for specific problems and resolutions for these crimes see. So in this paper the author dealt with the problems of the law, first, related regulation of insurance payment, second, right to terminate insurance contract and return of insurance proceeds, third, regulation on notification of investigations, fourth, regulations on the adequacy of hospitalization. Of course, since this law has just been enacted, there are many other problems besides these problems, but I tried to present a fresh resolution based on the problems that have been mainly discussed since the legislative period.

• Journal of Community Nutrition
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• v.1 no.2
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• pp.75-80
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• 1999

Special nutritional foods are one category of processed foods. In this category, 5 different food standards are defined in the current rule of the Korean Food Code ; that is, infant formulae, complementary foods for infants and young children, foods nutrient supplementation, processed dietary fiber-based foods, and foods for special dietary uses. The major differences between the special dietary uses. The major difference between the special nutritional foods and the other processed foods is that the special nutritional foods are characterized by their dietary uses for specific population groups rather than food ingredients or manufacturing and processing techniques which characterize and distinguish most of other processed foods. Although several countries establish similar standards for this type of foods, they use different legal names such as foods for special dietary uses(U.S.A., CODEX, Japan), foodstuffs intended for particular nutritional uses(EC), or special purpose foods(Australia). In addition, there are some other differences in the definitions for these food types and categorization of food types among countries. The major difference in the definitions is the description of 'special dietary uses' by specifying certain population groups whose nutrient requirements are different from those of ordinary men due to physiological or physical conditions and therefore may not be sufficiently met by consuming ordinary foods. The categorization of this type of foods is based on the type of dietary uses in the other countries, whereas we include foods simply supplemented with nutrients or foods having certain components such as dietary fibers even if these foods types do not have special dietary sues. Recently, a revision of standards for special nutritional food has been proposed. However, the description of 'special dietary uses' is not clearly indicated in the definition, and some food types which should not be categorized into the special nutritional foods still remain in this category. In order to correct these problems, the standard of food labeling in the Food Safety Law needs to be revised along with revision of food standards in the Food Code.

• Korean Security Journal
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• no.57
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• pp.177-203
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• 2018

Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.99-131
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• 2011

To strengthen the protection of human research subjects and human materials, the Korean Ministry of Health and welfare proposed the amendment bill of Bioethics and Safety Law(2010) to the Congress. It includes so many meaningful clauses. According to the bill, the scope that this act shall apply will be expended to the research involving human subjects and human materials. In the bill, there are the principles of this act; the protection of the life, health, and dignity of the human subjects, the obtaining of the adequate informed consent, the protection of the human subject's information confidentiality and the human subject's privacy, the assessment and minimizing of the risks involved and the guarantee of the safety for the human subjects, the preparation of the special protection program for the vulnerable human subjects, and so on. According to the bill, Institutional Bioethics Review Board(the same as Institutional Review Board) will be responsible for the auditing and monitoring on the research that was approved by IBRB, conducting the education program for the researchers, IBRB members and administrative staffs, preparing of the special protection program for the vulnerable human subjects, and forming the guidelines for the researchers as well as the review of the research protocols. And the State and local governments shall take necessary measures to support the expending of the social infrastructure. In addition to, IBRB will have to be assessed and to be gained the accreditation by the Korean Ministry of Health and welfare. So, if Bioethics and Safety Law is amended, it will contribute enormously to enhance the level of the human research subjects protection. Also, if this Law is amended, IBRB will play a major role for the conduct of the ethically, scientifically, and legally proper research. But now, as a matter of fact, the capability of IBRB members and IBRB office members is not enough to charge of this role because some people and some organizations does not know the importance of IBRB exactly. In spite of, IBRB shall be able to this role to protect the human subjects and to develop the level of the research On the international level. Therefore, the State, local governments and the Organization shall back up the administrative and financial terms of the IRB and IRB Office.

• The Journal of the Korea Contents Association
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• v.7 no.8
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• pp.199-206
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• 2007

Capital gain comes from the transfer gain which is occurring by transferring assets except inventory assets. Our government recently has made capital gain tax on real estates and imposed as classified income tax by including it into aggregate income so that provide function of tax and curb property speculation. However the present income tax law imposes capital gain tax on capital profit including real estate and securities, while this law and the special tax treatment control law implement non-taxation and tax exemption too widely. That is to say, the system of capital gain tax can hinder the fair tax because it has various exemption terms including the non-taxation principle on a house for a family and the special tax treatment law. And also it has a problem in the sense of equity because it imposes tax by progressive tax rate on the subjects of capital gain tax considering them as the profit of that year, which were transferred, so there is difference between the income which has been made for a long time and the income made for a short time even in the same capital gain. Therefore this study identifies some issues surrounding the present capital gain tax system and focuses on presenting reasonable development plan.

• Journal of Fisheries and Marine Sciences Education
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• v.13 no.2
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• pp.146-167
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• 2001

Korea and China are two opposite countries located aside Yellow Sea and co-utilize the East China Sea. The two countries are close together from geological point of view, however, the competitive development of resources was more emphasized than the cooperative development of resources between the two countries because the special policy relationship. Additionally, after the communist government of China was founded in 1949, the political conception between the two countries was quite different. Therefore the establishment of appropriate international fisheries co-operation was impossible, and the international management problems of fisheries resources in Yellow Sea and East China Sea were let alone. UN convention on the Law of the Sea came to force in 1994, Korea and China adopted the exclusive economic zone system in 1996. On the other hand, Fisheries Law in Korea was enacted in 1953 in order to management of fisheries resources, and also China was enacted fisheries law in 1986. The two countries control the fisheries effort through fisheries license system, meanwhile through prohibition fishing area, prohibition fishing period, limitation of net size, and limitation of body length to conserve and manage the fisheries resource. The serious management methods of resource management in the two countries are similar such as the creation of promptly decreased species and those species that have commercial value, discharge of fish seedling stock, settlement of artificial reef and clean of fishing ground. Therefore, the two countries should consider not only the improvement of formal law system, but also how to recover the fisheries resources in circumference water zone and how to improve the efficiency of fisheries resource management. Specially the settlement and management of artificial reef should be chosen in the area that have the highest benefit to two countries, and should establish the common management system of discharge of fish seedling stock. And the two countries should adopt the same criteria through technical management and limitation of net size, limitation of body length, and prohibition area of special fisheries to ensure the highest fisheries benefit of fisherman in the two countries and the highest efficiency of fisheries resource management.

• Journal of the Korean Institute of Landscape Architecture
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• v.27 no.1
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• pp.1-10
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• 1999

There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.

• Journal of Fisheries and Marine Sciences Education
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• v.9 no.1
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• pp.49-56
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• 1997

It is the developing policy of fishing village of korea that the fishermen are not to leave their fishing village by the construction of abandant and rich fishing village in the social, cultural and economic side of view. The government has promoted the project to improve the fishing and agrarian village from 1992 year, but it is not so helpful to solve the problem of the island and fishing village. Therefore, it has to improve the structure of fishing village and to develope the vital and lively fishing village, Japan had enacted the special law for the promotion of out-island which was called the law for the promotion of Ri-do isalnd, and commenced to develop the Ri-do island. The law for the promotion of Ri-do island is limited to 10 years, but it was amended 10 times and Japanese government has invested as many as budget to Ri-do isalnd during 30 years. Korean government also had enacted and enforced the special law for the promotion of out-isalnd developement referring to Japanese system. However, it is neccessary at first to improve the system that the fishing village is able to develope the fishing port in order to make higher the efficiency of investment. Moverover, the earning differentials bewteen the city and the fishing village has to decrease by the developement of transport convenience and pavement of the road of the out-isalnd and remote fishing village. Otherwise, it is requested rapidily to set up the welfare policy for the aged people because the inhabitants of fishing village become to great age, and inhabitants could be at least diagnose one time every week in the good medical facilities. The ministry of marine and fisheries has to permit the sports fishing business by the small fishing vessel in order to increase the income of inhabitants of fishing village and put a lot of the fishing reefs which are constructed to 2-3 story into the sea. And then the sports fishing business will be flourish by the small fishing vessel.

• Journal of Distribution Science
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• v.9 no.2
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• pp.37-47
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• 2011

Our distribution industry still lacks legal and institutional supplementary frameworks. Therefore, we urgently need systematic supporting schemes for targeting small merchants, including those in traditional markets. In 2004, the scope of and target for traditional markets took shape through the enactment of the 'Special Act for Nurturing the Traditional Markets'. Though restricted to a single market, it expanded the target and scope to include markets and stores, market improvement districts, and business improvement districts. However, the Special Act for Nurturing the Traditional Markets, the criterion for the revitalization of and support for the traditional market, applies a uniform standard. Accordingly, the Special Act for Nurturing the Traditional Markets has revealed problems, such as the deficit of legitimate ideas about unregistered markets. This study identifies the problems with the Special Act for Nurturing the Traditional Markets. We take the Moranjang case as an example. This study offers the problems new insight. We discuss the problems in terms of their empirical reality. We focus on unregistered markets, which are not protected by law. Most previous studies have applied empirical methods, but this study also provides legal and institutional perspectives on the prospect for efficient outcomes by applying the normative study methods applicable in the field.