• Journal of Environmental Health Sciences
• /
• v.49 no.4
• /
• pp.179-182
• /
• 2023

The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.

• International Journal of Advanced Culture Technology
• /
• v.12 no.3
• /
• pp.396-405
• /
• 2024

This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act's intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.

• Journal of Information Technology Services
• /
• v.13 no.3
• /
• pp.149-164
• /
• 2014

The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

• Journal of the Korean Geographical Society
• /
• v.51 no.2
• /
• pp.255-268
• /
• 2016

At present, Ganghwa County and Ongjin County of Incheon Metropolitan City are under the application of a different land use regulation like military regulations, etc. due to distinct characteristics of a border area; moreover, these two Counties have degenerated into the deepening area of economic backwardness and decline with the overlapping application of various land use regulations on the ground that these areas belong to a metropolitan area in view of an administrative district. In addition, different support is also implemented for border areas, such as 'the Special Act on Border Area Support' for the border areas, and development projects for special situation areas, etc.; however, realities are that the border areas are not free from regulations as yet due to the problems of unreality of support projects, and hierarchy of ordinances, etc. Accordingly, this study implemented this research under the judgment that it's about time to mitigate overlapping regulations on regional characteristics of the border areas of Incheon Metropolitan City, i.e. different land use regulation as a border area. It is required that general land use regulations should be mitigated through f lexible deregulation & management of the military regulation on the border areas of Incheon-si, mitigation of regulations under the Metropolitan Area Readjustment Planning Act, and relaxation of the preservation area of cultural properties; particularly, it's necessary to minimize the damage to border areas of Incheon-si caused by overlapping regulations on the areas by exempting the areas from the range of a metropolitan area through acknowledgment of the difference between the distinct characteristics of the border areas and regional, cultural conditions of a metropolitan area.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.39
• /
• pp.345-366
• /
• 2008

The paper analyzes GMO legal system and the problems of its management in China and their suggestions to Korea. GMO has been arising as a principal alternative of grain while grain prices continue to climb. Although there has been concerns about GMO imported from China, it is true that we have not studied on China's legal system and the problems of its management in China. The paper believes that when Chinese government does not manage GMO primarily, we have a high possibility that China's GMO food will access to Korean market at any time, and threaten our health and safety. Hence, it is highly time to analyze how legally China treats GMO and what the problems of its management are. The paper found out problems of China's GMO management in three ways. Firstly, GMO legal system of China is confused and it has limitation of effectiveness. China has no regulations like "a law" to regulate GMO and regulations which exists now are not easy to apply in substance. Secondly, China has no administrative strictness to manage GMO. For example, the regulation which ministry of agriculture in China promulgated in March of 2002 started to use partially since 2003, 7. Thirdly, China, as a nation that administration superiors to, market does not do its roll to control GMO. It relates to the low concerns and care of Chines people about GMO. The paper shows suggestions and countermeasures according to problems of China's GMO management.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.11 no.2
• /
• pp.169-178
• /
• 2001

Numerous regulations have been introduced and a various kinds of institutional intervention have been made by government against the occupational safety and health problems. However, it was serious issue to the workers that what can be claimed by those who meet with apparently harmful and risky working conditions in their social systems. In the view point of employees, their right to be free from unacceptable risk and hazards has not been clearly defined. Therefore, workers have very limited rights to take any actions unless employer or government do their actions. It is believed that this undesirable conditions resulted from Jack of legal definition of workers' right to work in the safe and healthy environment. It has been found increased social pressure to make intervention to the industry to protect workers' health. Also, increased pressure has been kept for deregulation. This conflict lay the current situation in dilemma. The concept of the working environmental right has been developed and discussed in this study to overcome this trade-off confliction. It should be clearly separated between legal aspects and administrative and Policy area to make the regulations effective. Strong enforcement to the industry based on the law should be minimum, however, it should be practically effective in the aspect of workers' right. Administration and policy should be focused on supportive and leading activities to achieve the ultimate goal, safe and healthy working environment. It is concluded that establishment of working environmental right would satisfy workers and industry and it would result in improvement workers' environment and conditions.

• The Proceeding of the Korean Institute of Electromagnetic Engineering and Science
• /
• v.12 no.4
• /
• pp.13-23
• /
• 2001

Recently, the demands on the short range radio device has been highly increasing, with the advantage of its mobility and improvement of its reliability which has been ensured by development of digital communication techniques. This study suggests the direction for the improvement of the national regulations in the technical, administrative and regulatory aspects, discussing the present situation of the regulations. While suggesting to launch the study on spectrum source and RE environments, we expect that several proposals in this paper will give a satisfaction on the development of strategy for spectrum management, development of radio technology and booming the short range radio communication.

• The Journal of Fisheries Business Administration
• /
• v.46 no.3
• /
• pp.163-176
• /
• 2015

Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

• Journal of the Architectural Institute of Korea Planning & Design
• /
• v.33 no.12
• /
• pp.3-11
• /
• 2017

The non-mandatory guidance and illogical ordinance of local government generate complicated and vague regulations and procedures. These cause inconvenience in building administration, and give rise to unnecessary social and administrative expenses. The purpose of this study is to suggest the improvement of building administration by local government from an institutional point of view through the literature review and the specialist survey focusing on the problems arising from the building ordinances and non-mandatory guidance. The results of this study are as follows; In the first place, the connection between law and ordinance should be improved in a systematic, definitude manner and high-degree of completion. Second, the monitoring management system should be arranged in order to excavate and improve the non-mandatory guidance. Third, the effort should go into improving ability and disposition of building official. Fourth, it is necessary to materialize and clarify the regulatory contents and adjust them to fit the legal system. Lastly, it is important to reinforce incentives and procedures of verification in order to manage building ordinances of legal government's own free will. In order to improve of building administration by local government, it is necessary to make the structure of sustainable improvement and discuss not only institutional aspect but also elements of building administration in later study.

• Journal of Cadastre & Land InformatiX
• /
• v.45 no.1
• /
• pp.31-43
• /
• 2015

In the past, the main function of land use categorization was merely used for basic data for taxation purpose, but recently land use categorization is used as important reference data in various ways, including administrative affairs, national land plan, land development, city maintenance as well as private transactions of land, in addition to the provision for assessment data. In the future, it can be expected to broaden its own functions. For expansion of the function of land use, we need to reconsider categories of land use from a perspective of individual laws and regulations actually regulating land use from a perspective of demand. In order to resolve any discrepancy between actual land use and land use on official books, the ultimate method of resolution is to study the current state of actual use of land and reflect them on official books, but it is also necessary to prevent any confusion of national people by unifying various categories of land adopted by the regulatory acts related to land. In addition, if the same administrative regulations are applied to different land use under the current laws, it is necessary to include them in the land of the same category. This study proposes to establish a new category for securing systematic consistency of the current categories of land use under the integrated cadastral act with other land laws and regulations.