• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.9
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• pp.5865-5874
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• 2015

Large accidents such as the recent to the ringing years Pat disaster they become apparent in the human resources, the cause of the accident is also the site corresponding manual member and management blind spots, are aggregated such as safety frigidity. Big problem is safe frigidity of workplace than accident. It is also a reason to introduce a punitive damages system in offices and business owners that caused the direct safety accident from this point. Punitive damages agent and compensation for mental damage, by so as to compensate for far more money than the actual damages, which carry a punishment nature to prevent a situation where the tort is repeated. Currently, it admits "compensatory damages system" corresponding to the damage that gave basically damage by law, but are subject to criticism that not properly relief victims. However, there is a need for the introduction of punitive damages system for safety accident prevention. This is, this system, while to prevent the recurrence of the reverse safety accident, strive to investment and management for safety, healthy companies can operate in the direction of giving more opportunities, national companies that are ignoring and threatening the safety, but to leave because the match also to social justice.

• Korean Journal of Construction Engineering and Management
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• v.21 no.5
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• pp.3-10
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• 2020

Subcontracting of construction is essential to carry out public construction projects. Subcontractor of the construction work shall enter into a contract with the original contractor without directly entering into a contract with the owner. Subcontracts are therefore greatly affected by the original contract with the owner. To protect subcontractors, the Fair Trade Act is enacted and the construction company's standard subcontracting contract is in operation. However, subcontracts are not properly reflected in the Government contract system, which deals with the relationships between the owner and the original contractor. In particular, the subcontractor may complain of difficulties at the public construction site as such procedures are not properly reflected in the construction work standard subcontract, although various procedures shall be carried out depending on the amount when change order occurs in subcontracts. Thus, the direction of improvement of subcontracting systems was proposed in the case of change order at public construction project sites as follows: First, the rights of subcontractors should be strengthened. Second, in order to resolve the information non-identity, subcontractors should have access to information related to subcontracts. Third, the status of subcontractor shall be guaranteed by reflecting the characteristics of the subcontract when the original contract for public works is concluded. Fourth, the dispute settlement method should be prioritized over litigation in order to fair subcontracting.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.4
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• pp.389-397
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• 2018

Modern countries have almost ratified the UN Convention on the rights of persons with disabilities and are creating environments to prevent discrimination against these individuals. In 1996, the International Maritime Organization presented a recommendation for the design and operation of passenger ships to respond to elderly and disabled persons' needs. In Korea, an act on the promotion of transportation convenience for mobility disadvantaged persons has been implemented, and facilities for the disabled have been rapidly installed in ships, vehicles, aircraft, railways and passenger terminals. However, the maritime transport environment is less concerned about disabled persons than safety. In this study, basic research was conducted to improve the maritime transport environment for disabled people in Korea through a field survey and literature survey. As a result, it was found that relevant laws and regulations have not been properly applied to excursion ships and ferries as well as small-scale ports, which are responsible for a large part of coastal passenger transportation. In addition to low installation rates of facilities for the transportation of persons with disabilities in ships and terminals, loose equipment was also considered. Therefore, it is necessary to protect the human rights of persons with disabilities, which are universal values of humanity, by complementing laws and introducing improved facilities.

• Journal of the Korean Institute of Gas
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• v.23 no.4
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• pp.1-9
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• 2019

Large-scale industrial boilers operating at high temperature and high pressure, have a large amount of water, and a large amount of energy is released at the time of explosion. Currently, most industrial boilers use gas fuel such as LNG and LPG, etc. and fuel exists in the same space as equipment, so there is a high possibility of secondary damage such as fire or explosion in the event of a boiler accident. Both special care and management are required to operate the very dangerous equipment that causes casualty 2.51 per accident. For boilers of a certain size or more, the Korea Energy Agency conducts inspections in accordance with the Energy Usage Rationalization Act, KS, and public notice of the Ministry of Industry, Trade and Resources. In this research, based on the results of the inspection, the hazard factorss are configured, and a questionnaire is conducted to the inspector, the equipment manager, the maintenance person, and the person in charge of the manufacturer. We analyzed the results by using AHP (Analytic Hierarchy Process). As a result of analysis, generally recognized hazard factorss are not good management, measurement failure, specification failure, water leak, leak analysis, but connection, welding, scale, and corrosion, etc. are relatively less important. It is judged that the adverse factors that are recognized to be highly important among all groups and careers are already well managed, but less important and adverse factors should be well managed to ensure that the safe usage of the boiler.

• Journal of Legislation Research
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• no.54
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• pp.345-382
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• 2018

Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

• Journal of Navigation and Port Research
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• v.47 no.1
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• pp.37-48
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• 2023

Recently, the increase of international trade volume is leading to risk exposure and safety accidents in the port terminal industry. In addition, as Serious Disaster Punishment Act came into effect on January, 2021, various guidelines and laws to protect safety and life in port terminals are being enacted. However, despite these efforts, medium-to-large safety accidents in the port terminal industry have occurred. According to the Korea Occupational Safety and Health Agency, from 2016 to 2019, the number of casualties in the port handling industry increased by 4.2%. To build some effective follow-up management of port accidents and preparation of related safety laws/systems, a risk analysis in consideration of causes and damage of accidents should be conducted. Therefore, in this study, major risk factors and preventive measures were derived by conducting risk assessment based on 1,039 cases of port terminal accidents collected by the Korea Occupational Safety and Health Agency for five years. Priorities for preventive measures were then determined through IPA analysis, Borich needs analysis, and The Locus For Focus analysis.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2022.06a
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• pp.389-390
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• 2022

Recently, Recently, the increase in international trade volume and the explosive increase in cargo volume due to the non-face-to-face society are leading to an increase in risk exposure and safety accidents in the port industry. In addition, as the Serious Disaster Punishment Act came into effect on January 27, 2021, various guidelines and laws to protect safety and life in port terminals are being enacted. However, despite these efforts, medium-to-large safety accidents in the port terminal industry continue to occur. According to the Korea Occupational Safety and Health Agency, from 2016 to 2019, the number of casualties in the port handling industry increased by 4.2%. For effective follow-up management of port accidents or the preparation of related safety laws/systems, a risk analysis in consideration of the cause and damage of the accident must be conducted first, so that realistic accident reduction and prevention measures can be established. Therefore, in this study, major risk factors and preventive measures were derived by conducting risk assessment based on 1,039 cases of port terminal accidents collected by the Korea Occupational Safety and Health Agency for 5 years from 2016 to 2022. After that, the priorities for preventive measures were determined through IPA analysis, Borich needs analysis, and The Locus For Focus analysis.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.117-149
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• 2015

On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

• Journal of Korea Port Economic Association
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• v.23 no.3
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• pp.165-184
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• 2007

This study reviews the concept and protection system for the geographical Indication(GI) to support the Korea-EU FTA. A geographical indication(GI) is a name or sign used on certain products or which corresponds to a specific geographical indication or origin (eg. a town, region, or country). The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. In the WTO Agreement on Trade-Related Aspects of Intellectual property Rights("TRIPS"). There are, in effect, two basic obligations from Article 22 to article 23 on WTO member governments relating to GIs in the TRIPS agreement. Geographical Indications have long been associated with Europe as an entity, where there is a tradition of associating certain food products with particular regions, Under European Union Law, the protected designation of origin system which came into effect in 1992 and 2003 regulates the following geographical indications: Protected designation of origin(PDO) and protected geographical indication(PGI) and Traditional Specialty Guaranteed(TSG). They have 5,000 articles for GI. We have the GI system and 40 articles rotating to registration by the law for quality management of production in agriculture. Cinclusinally, geographical indications could potentially serve as tools to helf holders of trade benefit more equitable through the mutual Acceptance for Korea-EU FTA.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.167-187
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• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.