• Ocean and Polar Research
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• v.27 no.2
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• pp.171-179
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• 2005

Korea has many underwater cultural heritages within the east, west and south seas surrounding the Peninsula that indicate historically important sealanes for trade and transportation. As these underwater cultural heritages are the objects of despoilment because of their relatively easy access through modern technology, their often high historical and priceless value demands strong protection similar to or better than the land cultural properties. Currently, Korea does not have any concrete laws or regulations for the protection of underwater cultural heritages. Thus, these heritages iu, somewhat temporary and inappropriately subjected to laws and regulations relating to provisions of individual Laws concerning protection of cultural properties act, and statute of excavation of material fir buried national property, lost articles act etc.. Internationally, the UNESCO Convention on the Protection of the Underwater Cultural Heritage was adopted but not yet entered into force. Therefore, the protection of underwater cultural heritage has become an urgent matter. In this regard, this article's main purpose is to provide recommendations for improving direction of legal regime and policy for protecting our underwater cultural heritages. These legal regimes need provisions for definition of the underwater cultural heritage, scope of application, ownerships, jurisdictions and protection measures. And suggestions are provided in regard to policies for the protection of underwater cultural heritages that may improve organization and cooperation among concerned ministries and agencies, compensation system, restrictions for excavation of underwater relics, efficiency of survey of underwater surface and information system.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.6
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• pp.712-720
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• 2015

The cabotage rule has been protecting the domestic industry from foreign competitions as a kind of trade barrier. In the United States, the shipbuilding industry has been maintained with the help of to the strict cabotage operations by reinforcing advantages for domestic crews and ships which are built in the U.S. For most countries, cabotage has been granted legitimacy in their coastal shipping by Low Carbon Transport in terms of economic and emergency reasons. The cabotage rule is required in the stable supply of the seafarers which rely on the legitimate maritime education. This study analyzes Korean cabotage system and the problems with regard to seafarers education. It is found that the resolution is set up the cabotage act such as Jones Act, U.S.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.133-156
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• 2004

The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

• Korean Security Journal
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• no.29
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• pp.7-34
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• 2011

Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

• Journal of Arbitration Studies
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• v.28 no.3
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• pp.35-53
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• 2018

The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.67-81
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• 2010

As wide propagation of smartphones, e-commerce with smartphones increases rapidly. Such as transfer or stock trade systems. It has prospect that most of financial companies going to offer e-commerce systems via smartphones. And e-commerce via smartphones will be increased, hence the nature of smartphone that can be used whenever, wherever. However, legislation of e-commerce in Korea does not reflect these characteristics of smartphones, because it has set standards in regular PC. So that this study is security threat and feature of smartphones considering that the current legal system will use Certificate constraints, ensuring the safety of e-commerce and install security programs for protection of users, e-commerce responsible for the accident analysis has focused on the issues presented for this improvement.

• Journal of the Korean Society of Safety
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• v.39 no.3
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• pp.36-49
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• 2024

Article 79 of the Occupational Safety and Health Act mandates franchise headquarters with over 200 franchises to implement industrial accident prevention measures. Notably, the franchise business information provision system designates restaurants and wholesale/retail as the primary categories for information disclosure, with convenience stores classified as secondary. This study aims to identify law-regulated franchise headquarters and franchises and analyze industrial accidents within these sectors. Furthermore, it seeks to investigate adverse risk factors for individual processes across major industries. Pertinent franchise headquarters and franchises were discerned using the Fair Trade Commission's business information system. Data regarding the status of industrial accidents, as published by the Ministry of Employment and Labor, was leveraged in the analysis of industrial accidents. Additionally, a survey was conducted to derive detrimental factors for each process in major industries. The inquiry revealed a total of 7 wholesale and retail franchise headquarters subject to the law, along with 126 within the restaurant industry. Overall, there were 50,488 franchises in the wholesale and retail sector, and 71,283 in the restaurant business. Risk factors and improvement measures for industrial processes were determined for five industries: convenience stores, Korean food restaurants, coffee places, pizza eateries, and chicken vendors. Locating the currently developed safety and health program establishment guide proves to be challenging. Moreover, utilizing it can be difficult due to the industry-specific content, further complicated by the prevalence of franchise stores featuring numerous small businesses. Therefore, this study highlights the imperative need to develop guidelines that incorporate preventive measures tailored to each industry.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.111-135
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• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• Journal of Korea Port Economic Association
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• v.27 no.2
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• pp.333-354
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• 2011

After the terrorist attack of 9/11 on the USA, the security concern to global trade has been raised. In particular, the USA has actively promoted a series of initiatives and rules such as CSI, 24 hour rule, C-TPAT, and so on in the area of logistics activities, which aimed to better protect the country against the potential terrorist threats. While implementing such schemes called as a multi-layed logistics security strategy, a large number of countries trading with USA are facing with the issues of additional time and costs for inspecting cargos in their logistics facilities. As a result, most countries all over the world have sought a way to minimize the impacts from such strategy. The Korea also is preparing the several security programs operated by various ministries, which are aiming to not only improve the efficiency of trade flows but also to ensure supply chain security. However, many companies are expressing the inefficiency of operating such programs. Thus, this paper analyzed several global supply chain security programs currently adopted by international organizations(ISO, WCO, and IMO) and major countries(USA, EU, and Singapore) and suggested a guideline for developing the national logistics security system.

• Economic and Environmental Geology
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• v.47 no.3
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• pp.255-263
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• 2014

Conflict minerals refer to minerals mined in conditions of armed conflict, especially as in the eastern provinces of the Democratic Republic of the Congo. The common conflict minerals are cassiterite, wolframite, coltan(columbite-tantalite ore), and gold, which are mined and extracted from the Eastern Congo. These minerals are essentially used in the manufacture of a variety of devices, including consumer electronics. To end the violent conflict in the Democratic Republic of the Congo (DRC) and in surrounding countries, it is necessary to block the supply route of conflict minerals which has been partially financed by the exploitation and trade of conflict minerals. The Dodd-Frank Wall Street Reform and Consumer Protection Act, passed into law in July 2010 and it contains requirements that U.S. companies report to the Securities and Exchange Commission(SEC) on the origin of conflict minerals and show due diligence of OECD. The goal of the act is to cut direct and indirect funding of armed groups engaged in conflict.