• The Journal of the Korea Contents Association
• /
• v.9 no.12
• /
• pp.787-796
• /
• 2009

The electronic commerce keeps going through a tremendous growth since the latter half of 1990's. But the consumer damages are being increased from characteristics such as non-confrontation, anonymity, internationality, unilaterality and possibility of temptation. Accordingly, this thesis has derived legal and systematic improvements for consumer protection in general as follows. First of all, it is necessary to extend the period to exercise the subscription withdrawal rights according to electronic commerce consumer protection law. Second, the electronic commerce has high possibility of causing errors by consumers because it is performed by non-confrontation and the accurate information must be provided to prevent errors in advance because it is not easy for consumers to prove their own errors. Third, a certification mark system on electronic agreement has to be adopted. Fourth, the legal, systematic and technological measures have to be adopted to prevent from having a sense of fear toward leaking or using personal information through a safe personal information management. Fifth, a strict supervision on internet trust mark is required. Finally, because the intervention or interference by a third party may take place through a hacking on messages or documents sent according to procedure in terms of online settlement, it is necessary to raise security on the system through a precise authentication between concerned parties.

• The Korean Journal of Air & Space Law and Policy
• /
• v.29 no.1
• /
• pp.161-198
• /
• 2014

The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

• Journal of Venture Innovation
• /
• v.5 no.3
• /
• pp.57-70
• /
• 2022

In modern industrial capitalism, the relationship between the provision of work and the receipt of wages has become an important principle governing society. According to the labor contract, the wages provided by entrusting the right to dispose of one's labor to the employer are directly compensated, and human life should be guaranteed and reproduced with proper rest. The establishment of labor relations under free contracts represents a problem in protecting workers, and accordingly, the maximum of working hours is set as a minimum right for workers, and the standard for minimum rest is set and assigned. The reduction of working hours is very important in terms of the quality of life of workers, but it is also an important issue in efficient corporate activities. As of 2020, Korea has 1,908 hours of annual working hours, the third lowest among OECD 37 countries in the happiness index surveyed by the Sustainable Development Solution Network(SDSN), an agency under the United Nations. Accordingly, the necessity of reducing working hours has been recognized, and the maximum working hours per week has been limited to 52 hours since 2018. In this situation, various working hours are legally excluded as a way to maintain the company's value-added creation and meet the diverse needs of workers, and Korea's Labor Standards Act restricts flexible working hours within three months, flexible working hours exceeding three months, selective working hours, and extended working hours. However, in the discussion on the application of the revised flexible working hours system in 2021 and the expansion of the settlement unit period recently discussed, there is a problem with the flexible working hours system, which needs to be improved. Therefore, this paper aims to examine the problems of the flexible working hours system and improvement measures. The flexible working hours system is a system that does not violate working hours even if the legal working hours are exceeded on a specific day or week according to a predetermined standard, and does not have to pay additional wages for excessive overtime work. It is mainly useful as a form of shift work in manufacturing, sales service, continuous business or electricity, gas, water, and transportation for long-term operations. It is also used as a way to shorten working hours, such as expanding holidays through short working days. However, if the settlement unit period is expanded, it is disadvantageous to workers as the additional wages that workers can receive will not be received. Therefore, First, in order to expand the settlement unit period currently under discussion, additional wages should be paid for the period expanded from the current standard. Second, it is necessary to improve the application of the flexible working hours system to individual workers to have sufficient consultation with individual workers in a written agreement with the worker representative, Third, clarify the allowable time for extended work during the settlement unit period, and Fourth, limit the daily working hours or apply to continuous rest. In addition, since the written agreement of the worker representative is an important issue in the application of the flexible working hours system, it is necessary to secure the representation of the worker representative.

• Journal of Korean Public Health Nursing
• /
• v.19 no.1
• /
• pp.74-94
• /
• 2005

The purpose of this study was to compare the effect of education between CAI(Computer Assisted Instruction) and lectures for smoking cessation among male students who attended vocational high schools. Conducted from February 24th to April 26th, 2003, the study design was quasi-experimental with nonequivalent control group pretest-posttest design. The study subjects were 60 male students in K vocational high school in Daegu city, who were present smokers and had more than 7.0 ppm concentration level of carbon monoxide. Thirty students were randomly chosen as the experimental group which applied CAI education method for smoking cessation. The other 30 students served as the control group which received lecture education method of 40 minutes on four consecutive days. CAI education for smoking cessation was composed of ready-made individual learning contents, counseling by using cyber-communication, writing a letter to stop smoking, and writing a written agreement for smoking cessation. Lecture education for smoking cessation was composed of a ready-prepared lecture for the group, writing a letter to stop smoking, and writing a written agreement for smoking cessation. To measure smoking related knowledge, Jeong Ree Roh(1996)'s smoking related knowledge scale$(Cronbach's\;{\alpha}=0.84)$ was modified and used by the researcher. To measure smoking related attitude, Jeong Ree Roh(1996)'s smoking related attitude scale$(Cronbach's\;{\alpha}=0.91)$ was modified and used by the researcher. Smoking related knowledge scale's Cronbach's $\alpha$ was 0.83 in the pilot study and 0.93 in this study. Smoking related attitude scale's Cronbach's a was 0.80 in the pilot study and 0.98 in this study. To determine the smoking amount, the number of cigarettes smoked per day was checked. The concentration level of CO in the exhaled breath was measured (Micro CO Cat. No. MCO2, UK). Data was analyzed by $x^2-test$, t-test, repeated measures ANOVA. simple main effects, and time contrast test with SPSS/Win 11.0 program. The results of this study were as follows: 1. The first hypothesis. that 'Smoking-related knowledge score in the experimental group by using CAI education for smoking cessation will be higher than that in the control group by using lecture education for smoking cessation', was not supported. 2. The second hypothesis, that 'Smoking-related attitude in the experimental group by using CAI education for smoking cessation will be higher than that in the control group by using lecture education for smoking cessation'. was supported(F=6490.79. p=0.000). 3. The third hypothesis. that 'Smoking amount in the experimental group by using CAI education for smoking cessation will be less than that in the control group by using lecture education for smoking cessation'. was supported. 1) The third-1st sub-hypothesis. that 'The number of cigarettes smoked per day in the experimental group by using CAI education for smoking cessation will be less than that in the control group by using lecture education for smoking cessation'. was supported(F=134.19. p=0.000). 2) The third-2nd sub-hypothesis. that 'The concentration level of CO by ppm per one exhaled breath in the experimental group by using CAI education for smoking cessation will be lower than that in the control group by using lecture education for smoking cessation"' was supported(F=268.55. p=0.000). From the above results. CAI education can be an effective intervention to improve smoking-related knowledge and attitude. and to reduce the number of cigarettes smoked per day and the concentration level of CO by ppm per one exhaled breath. Lecture education can be effective to improve smoking-related knowledge. In the future, when CAI education and lecture education for smoking cessation are applied on the school nursing field. the students can gain a comprehensive understanding of smoking cessation, changes in smoking-related knowledge. smoking-related attitude and reducing smoking amount. Furthermore, CAI education for smoking cessation could be developed as an individual self initiative program and could give a guideline to apply CAI education for smoking cessation in other field.

• The Korean Society of Law and Medicine
• /
• v.22 no.4
• /
• pp.117-157
• /
• 2021

This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.1
• /
• pp.153-180
• /
• 2020

This study is meaningful in finding out what legal and policy issues need to be improved in order to foster the aircraft industry, which is relatively underdeveloped compared to the fact that some heavy industries, such as the automobile industry and shipbuilding industry, have achieved a high level of production and technology globally. Korea's aircraft industry has been growing at a slower pace than other industries, largely due to the country's economic growth and the lack of a market structure to properly use variables such as the level of development in related industries, aircraft technology and demand for aircraft manufacturing. While most industries are privately led by the market structure of the competition system, heavy industries such as the aircraft industry generally grow under the market structure of the incomplete competition system, because only by securing huge initial investment costs, high technology, and sufficient demand, they can maintain minimum economic feasibility. The Korean aircraft industry was focused on developing and mass-producing military aircraft focusing on military demand, but it sought to turn the tide by signing the BASA (Bileral Aviation Safety Agreement) with the U.S. A preliminary feasibility study was conducted in 2010 to develop next-generation medium-sized aircraft, but was cancelled due to differences in position with Canada's Bombardier, which is subject to the concourse, and Korea Aerospace Industries (KAI) is pushing for the production of Bombardier's Q400 license on its own. Compared to the mid-to-large sized civil aircraft that are facing difficulties in development, KAI and KARI are successfully developing technologies to unmanned aerial vehicles and civil helicopters. In addition, the unmanned aerial vehicle sector is not yet suitable for manufacturers that have an exclusive global influence, so we believe that it is necessary to pursue government-led research and development projects with a focus on the areas of commercial helicopters and unmanned aerial vehicles in order to foster the aircraft industry in the future. In addition, since military aircraft such as KT-1 and T-50 are currently being exported smoothly, and it cannot be overlooked that the biggest demand for aircraft manufacturing in the Korea is the military, it is necessary to push forward national R&D projects and defense R&D program simultaneously to enable both civilian-military development. However, there are many differences between the two projects in the way they are implemented, the department in charge and the royalty system. Through this study, we learned about the technology ownership and implementation rights of national R&D projects and defense R&D programs, as well as the royalty system. In addition, problems with the system were identified and improvement measures were derived.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.1
• /
• pp.93-125
• /
• 2011

The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

• Journal of Arbitration Studies
• /
• v.20 no.2
• /
• pp.173-198
• /
• 2010

The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Korean Journal of Heritage: History & Science
• /
• v.52 no.1
• /
• pp.272-287
• /
• 2019

The Korean Demilitarized Zone (DMZ) was established in 1953 by the Korean War Armistice Agreement. It extends from the estuary of the Imjin River, in the west, to the coast of the East Sea. It is 4 km in width and 148 km in length. However, the ecosystems of the civilian control zone (CCZ) located between the southern border of the DMZ and the civilian control line (CCL) and the CCZ in the estuary of the Han River and the Yellow Sea are similar to those in the DMZ, and, therefore, the ecosystems of the DMZ and the CCZ are collectively known as the "ecosystems of the DMZ and its vicinities." The flora in the DMZ and its vicinities is composed of 1,864 species, which accounts for about 42% of all the vascular plant species on the Korean Peninsula and its affiliated islands. Conducting a detailed survey on the vegetation, flora, and fauna in the DMZ is almost impossible due to the presence of landmines and limitations on the time allowed to be spent in the DMZ. However, to assess the environmental impact of the Munsan-Gaesong railroad reconstruction project, it was possible to undertake a limited vegetation survey within the DMZ in 2001. The vegetation in Jangdan-myeon, in Paju City within the DMZ, was very simple. It was mostly secondary forests dominated by oaks such as Quercus mongolica, Q. acutissima, and Q. variabilis. The other half of the DMZ in Jangdan-myeon was occupied by grassland composed of tall grasses such as Miscanthus sinensis, M. sacchariflorus, and Phragmites japonica. Contrary to the expectation that the DMZ may be covered with pristine mature forests due to more than 60 years of no human interference, the vegetation in the DMZ was composed of simple secondary forests and grasslands formed on former rice paddies and agricultural fields. At present, the only legal protection system planned for the DMZ is the Natural Environment Conservation Act, which ensures that the DMZ would be managed as a nature reserve for only two years following Korean reunification. Therefore, firstly, the DMZ should be designated as a site of domestic legally protected areas such as nature reserve (natural monument), scenic site, national park, etc. In addition, we need to try to designate the DMZ as a UNESCO Biosphere Reserve or as a World Heritage site, or as a Ramsar international wetland for international cooperation. For nomination as a world heritage site, we can emphasize the ecological and landscape value of the wetlands converted from the former rice paddies and the secondary forests maintained by frequent fires initiated by military activities. If the two Koreas unexpectedly reunite without any measures in place for the protection of nature in the DMZ, the conditions prior to the Korean War, such as rice paddies and villages, will return. In order to maintain the current condition of the ecosystems in the DMZ, we have to discuss and prepare for measures including the retention of mines and barbed-wire fences, the construction of roads and railroads in the form of tunnels or bridges, and the maintenance of the current fire regime in the DMZ.

• Journal of Distribution Science
• /
• v.10 no.3
• /
• pp.15-30
• /
• 2012

It has been 10 years since the facility modernization projects of traditional markets was rigorously undertaken. Although more than 835 traditional Korean markets nationwide have already completed these projects, there does not exist a specific set of standards of installation, future maintenance, and management. As a result, the complaints made by civil stakeholders in accordance of the actual facility installation caused problems and delays of related projects. In addition, while some local governments secured and implemented their own differing standards, others have not yet established their own separate standards for maintenance and management. Specifically, 694 traditional markets nationwide were supported for the cost of installing arcades by 2010. For the short period of time after the arcade-supported projects were deployed, the number of the traditional markets had been rapidly growing as a prime example of the facility modernization projects. The arcade facilities are being planned and installed merely for screening the rain or the sun. Without fundamental data for the newly landscaped environments or information on the actual conditions of usage and assessment, there is a lack of comprehensive approaches that could possibly organize the public environments. Furthermore, the amount of support needed for repairs, maintenance, and management from the central and local governments is gradually increasing. Thus, it becomes both crucial and necessary to complement the current set of standards. The purpose of this study is to examine the actual conditions of usage, maintenance, and management among those traditional market facilities that were installed with the supports of the facility-modernization projects, especially for arcades. This will be carried out through investigating the local problems, issues, and considering international case studies. The results of this study will provide measures for effective and efficient installation and management of traditional market arcades. Improvements in the use of public resources could be directed towards transforming public business, as well as public enhancement and functional maintenance and reinforcement. Under this condition, the arcade is not a simple area to avoid rain or sunlight; it becomes a public space. It is highlighted that the arcade should establish its public business not only to activate markets but also to refine street environments and revitalize local communities. A more specific way to improve is introduced through systematic supplementation. This is needed to attract effective participation from local residents and is done so by conducting a fair procedure from the first stage of business and by providing guidelines for establishing arcades as public facilities. The study points out to the problem of merchants-centered plans and street use. It presents the need to expand to involve residents and customers. Given that the arcade is a public facility and merchants' ability to maintain it is limited, manuals and systems for its maintenance needs to be introduced through multi-party agreement of merchants, government, residents and customers.