• Journal of Arbitration Studies
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• v.11 no.1
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• pp.145-179
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• 2001

The Federal Maritime Commission is issuing new regulations implementing the Administrative dispute Resolution Act. The new regulations expand the Commission's Alternative dispute resolution(“ADR”) services, addressing guidelines and procedures for arbitration and providing for mediation and other ADR services. This rule replaces current subpart U-(Conciliation Service), with a new subpart U-(Alternative Dispute Resolution), that contains a new Commission ADR policy and provisions for various means of ADR. The rule also revises certain other regulations to conform to the Commission's new ADR policy. So, this paper object was to study on the FMC's ADR in U.S. with the emphasis on the final rule analysis.

• Journal of Auto-vehicle Safety Association
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• v.12 no.1
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• pp.46-51
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• 2020

Korea is the only country in the world where the regulation of vehicle homologation has been changed from "Type Approval" to "Self-Certification". But there are some regulations that have not been fully changed, so they became double-regulations. In this research, we find out double-regulations in Self-Certification systems focused on "Specification Notice Procedure", and suggest a proposal of amendment to avoid duplication. Through the research, we can reduce unnecessary requirements about homologation, management of vehicle and administrative procedure significantly.

• Journal of Korea Society of Digital Industry and Information Management
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• v.19 no.2
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• pp.89-102
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• 2023

The purpose of this study is to examine what are the important variables for information security compliance and whether the information security investment by the industry is different. To comply with the information security policies, the organization must establish measures to prevent or resolve information security incidents. This research process consists of four stages, and the analysis method was conducted with the categorical regression analysis and the correspondence analysis. The first analysis analyzed the independent variables that affect security regulations compliance. The rest of the analysis was conducted by industry in the order of security compliance regulations, manpower investment, and budget investment. As a result of the first analysis, this had positive effects on an organization and personal information protection awareness, joint operation organization of information protection, manpower and budget investment, corporate size, and industry. The correspondence analysis was conducted from the second analysis to the fourth analysis and it analyzed the differences in information security investment by industry. The second analysis showed that the construction industry, science and technology industry, and finance industry have higher compliance with security regulations than other industries. The third analysis showed that the financial industry and the science and technology industry were higher than other industries. The last analysis showed that the financial industry was higher than other industries. The theoretical contribution of this study provided the basis for updating the information security theory. The practical contribution of this study requires government support to reduce information security deviations by industry.

• Journal of Korea Society of Industrial Information Systems
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• v.29 no.3
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• pp.107-120
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• 2024

To study the relationship between various information sources and first-to-market product innovation, this research examined how the internal and external information sources relate to first-to-market product innovation and how government regulations (economic, social and administrative) affect first-to-market product innovations, applying the perspective of Institutional Theory. For the analysis, variables used were first-to-market product innovation, internal and external information sources, and economic, social, and administrative regulations. This study was conducted based on survey data from the Korean Innovation Survey 2020 by the Science and Technology Policy Institute of Korea (STEPI). The data analyzed included small and medium-sized enterprises (SMEs) in the manufacturing industry, and a total of 586 firms were used from 2017 to 2019. By analyzing the internal and external information source and government regulations that have been relatively underexplored in previous research, this study suggests new directions and provides practical and managerial implications based on the results.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.40 no.4
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• pp.351-357
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• 2022

In this study, a direction for deregulation that can increase the use of drones in the field of spatial information is presented. Regulations and administrative procedures for drone operation showed similar procedures in Japan, the United States, and Korea, such as reporting flight equipment, driver's license, and prohibition of flying within a specific flight zone. In the United States, policies to encourage the use of commercial drones have been implemented, and Japan has slightly tightened regulations on drone operation to protect the Olympics and important national facilities. As a result of the study, in the area where drone operation is restricted for geospatial data construction, Korea was setting the largest area, and GIS analysis showed that Korea's drone flight restricted area was more than 19.4% of the country's land area. In order to increase the utilization of drones in the construction and utilization of spatial information in the future, it is necessary to reset the drone flight restriction zone and reduce the area of the drone flight restriction zone. In addition, it was found that Korea is the only country that has formal and specific regulations on geospatial information security management. In order to increase the construction of geospatial information using drones, it is necessary to ease GSD (Ground Sample Distance)regulations.

• Journal of the Korean Society of Hazard Mitigation
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• v.11 no.2
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• pp.81-86
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• 2011

Without a special mineral resources in Korea, such as petrochemical industries, electronics and automotive industries to supply the basic material, but remains a key industry locations. Gongjeongsang dealing with hazardous materials, such as a fire or explosion hazard, and from this site sangjonhae safety regulations to protect human and material disaster prevention activities are focused. However, depending on the actual implementation of standardized safety regulations as necessary if not originally intended, proper objectivity and reliability of safety regulations, as well as impaired resulting in a waste of public and private administrative power and petrochemical industries and the competitiveness of the entire drop factor will. Accordingly, this study petrochemical plant is applied to a representative safety regulations, items for their safety are needed and these regulations as being implemented that was identified, according to a study, some of the need for regulation and implementation both in terms of reliability was low.

• The Korean Society of Law and Medicine
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• v.12 no.2
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• pp.189-217
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• 2011

According to the current law of national health insurance, the Minister of Health and Welfare can impose a suspension of business or license, and a fine with medical institutions who violate the law. In case that medical institutions raise an action for ity with each penalty, they ask for replacing the suspension of business with a fine during the pendency of the action. But there is a long gap of time between an offense and administrative measures. One violation cause several types of administrative measures (suspension of business or fine, suspension of license etc.) and different government departments impose these penalties. It takes a lot of time to organize their opinions and they are liable to impose penalties after considerable space of time because of overwhelming tasks. Then the medical institutions can sustain a loss by getting unexpected administrative measures after their offense against the law. Thus, this article review whether extinctive prescription apply to the right of imposing fine on the law of national health insurance or not. Meanwhile, we have no regulations imposing a same fine to co-representatives of medical institution who infringe the law of national health insurance. On this point, this study review whether they have equal duty on that or not.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.29 no.4
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• pp.52-66
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• 2021

In the aviation, airmans play a key role in aviation safety and perform tasks within a given range based on professional knowledge. If they fail to properly fulfill their obligations under the Aviation Safety Act, the Ministry of Land, Infrastructure and Transport(MOLIT) will dispose of them in accordance with the purpose of the Aviation Safety Act. However, in the case of this disposition, it does not specifically consider the circumstances of the violation, and has a limitation in that the evidence regulations are too limited, and the contents of the disposition are uniform. Therefore, this study attempted to present a plan to improve the disposition in order to improve the problem of administrative disposition for airman. To this end, we conducted a comparative analysis of the disposition of airmans through overseas cases, and Specifically, the three-stage disposition model and effectiveness were conducted in the direction of specific judgment on violations and predictability of disposition. We would like to propose a safety improvement order to increase the level of safety and proposed amendments to the law for the method of imposing a fine for negligence.

• The Korean Journal of Archival Studies
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• no.77
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• pp.37-74
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• 2023

As the Yoon Seok-yeol administration enters its second year in office, it is beginning to vigorously promote policies related to the "digital platform government," which is the 11th of the 120 national tasks. Accordingly, the Digital Platform Government Committee established and reported the 'Digital Platform Government Realization Plan' to the President in April 2023, and the 「Act on Provision and Use of Public Data」 and 「Data An amendment to the Act on the Vitalization of Infrastructure Administration" was submitted to the National Assembly in June 2023. In addition, the 「Regulations on the Promotion of Administrative Efficiency and Collaboration」, which is a Presidential Decree, was revised to 「Regulations on Operation and Innovation of Administrative Affairs」, including the name change, to effectively promote innovation in administrative work, and was completed on June 27, 2023. Therefore, this study aims to examine the trends of public institutions related to the digital platform government as a government task, and discuss whether the recent trends will affect the management of institutional records. Indications to respond to the government's digital platform, which is leading the way, it was emphasized that the operation of the current Medical Records Act is strange.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation