• Korean Institute of Interior Design Journal
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• 제22권1호
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• pp.211-221
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• 2013

As the result of investigating domestic interior design (interior architecture) field-related laws, it was found that interior design (interior architecture) is not recognized as in independent area due to weak classification standards by Korean standard industrial classification and job classification. Korean standard industrial classification is applied as a standard setting limits to applicable targets and industrial fields for laws related to general administration and industrial policy other than various statistic purposes. Also, the standard industrial classifications regarding the industry field determines the laws or applicable tax rates, government support and such according to the classification, and thus is very important. Moreover, interior architecture field is largely different from general architecture due to specialization and distinct characteristics, but due to the comprehensive concept of architecture industry regulations, it is considered the proper assessment for the professionalism is not conducted. Also, interior architecture field has irrational contradictions that is not independent with a clear definition and industry field classification not only in legal system and trade customs. Therefore, The following is proposed as the plan to strengthen the domestic/international competitiveness and system improvements for interior architecture. (1)interior design (interior architecture) must be amended as an industrial classification that can coexist with architecture. (2)interior design (interior architecture) must be amended as a job classification that can coexist with architecture. (3)Among the design tasks of an architect, approval for the design task field of interior architecture field must be legislated. -In architect design standard contract (the existing architecture design task scope and quality standard table) of a structure, among the tasks by request of the owner, (1)interior design tasks shall be legislated. It should be legislated so that interior design (interior architecture) majors can be included as well. (4)The task field of interior design that coexists with design must be amended. (5)National contract law - among contract method by negotiation, specialty item must be vitalized.

• The Journal of Society for e-Business Studies
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• 제25권4호
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• pp.1-14
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• 2020

IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

• The Korean Journal of Air & Space Law and Policy
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• 제21권2호
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• pp.9-53
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• 2006

오늘날 항공기사고는 우리나라뿐만 아니라 세계도처에서 때때로 발생되고 있다. 특히 외국항공기의 돌연한 추락 또는 물건의 낙하로 인해 지상에 있는 제3자에게 손해를 입히는 경우가 간혹 발생되고 있다. 이와 같은 사건에 있어 가해자(항공기운항자)는 피해자(지상 제3자)에 대하여 불법행위책임을 부담하게 되는데 이 사건해결을 위하여 1952년 및 1978년의 개정로마조약 등이 있음으로 본 논문에서는 이들 조약의 성립경위 및 주요내용과 개정이유 등을 설명하였다. 현재 국제민간항공기관(ICAO)에서는 2001년도 미국의 9,11테러사건 이후 이와 같은 사건의 법적조치와 대응을 위하여 1952년 개정로마조약의 현대화에 관한 새로운 조약초안이 발표되었다. 본 논문에서는 이 새로운 조약초안의 현대화를 위한 ICAO의 활동과 이 조약 초안에 대한 주된 내용과 필자의 논평(견해)을 밝히었다. 한편 본 논문에서는 항공운송인의 책임에 관계된 국제조약과 세계 각국(미국, 영국, 독일, 프랑스, 러시아, 오스트레일리아, 중국 등)의 입법례 등을 참작한 후 우리나라의 현실에 적합한 항공운송법 시안에 관한 국내입법의 추진방향과 항공운송약관의 효력문제, 동법시안을 제정하여야만 되는 이유, 입법경위, 입법방안, "항공운송법 시안"의 주요항목 등 작성하여 제시하였다.

• Journal of Digital Convergence
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• 제22권3호
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• pp.1-7
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• 2024

This study provides an in-depth analysis of the impact of the deepening reform and opening-up policies announced at the 20th CPC Central Committee's Plenary Session, particularly focusing on the <Foreign Investment Law> and its effects on the tax decisions and organizational restructuring of Korean companies operating in China. Using a comprehensive literature review and policy analysis, the study compares the dual legal structure and tax differences before and after the implementation of the law, assessing how legal unification has influenced the organizational forms and tax strategies of Korean companies. The findings indicate that the <Foreign Investment Law> has played a crucial role in enhancing legal consistency and tax equity between foreign-invested enterprises and domestic enterprises, thereby enabling Korean companies to manage their operations in the Chinese market more stably and efficiently. Additionally, in the context of the ongoing U.S.-China trade conflict, the law's provision of national treatment and tax benefits has proven to be a significant factor in the survival strategy of Korean companies in China. Future research should focus on empirically examining the long-term effects of this law and its impact on actual corporate performance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제78권
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• pp.93-117
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• 2018

In all countries of the world, the development of trade is an important factor for the survival of the national economy. Increased export will lead to national economic growth. Export is directly linked to employment, and the industrial structure will be developed in the direction to produce products of comparative advantages. Therefore, every country around the world is trying to promote export regardless of the size of its economy. Accordingly, this paper focused on the promotion of export of domestic companies. It proposed to cultivate trade experts to promote export of domestic companies. The following five methods were proposed to materialize the proposal. First, it is important to foster trade experts to expand and foster the one-person creative companies. In particular, it is important to develop a professional education curriculum. It is necessary to design and conduct a systematic curriculum throughout the process including follow-up after education such as teaching detailed procedures for establishing a trade business, identification of relevant regulations and related organizations, understanding of special features of each exporting country, and details of exporting procedures through specialist training for the individual industries, helping themto keep their network steady so that they can easily get help from consultants. Second, it is necessary to educate traders working in the field to make them trade experts and utilize themin on-the-job training and consulting. To do this, it is necessary to introduce systematic consultant selection process, and to introduce a systemto educate and manage them. It is because, we must select the most appropriate candidates, educate themto be lecturers and consultants, and dispatch themto the field, in order to make the best achievement in export. Nurturing trading professionals utilizing the current trading workers to activate export of domestic companies can be more efficient through cooperation of trading education agencies and related agencies in various industries. Third, it is also proposed to cultivate female trade experts by educating female trade workers whose career has been disrupted. It is to provide career disrupted women with opportunities to work after training them as trade professionals and to give manpower pool to domestic companies that are preparing for export. Fourth, it is also proposed to educate foreign students living in Korea to be trading experts and to utilize them as trading infra. They can be trading professionals who will contribute to the promotion of export. In the short term, they will be provided with opportunities for employment and start-upin the field of trade, and in the mid- to long-term, they may develop a business network between Korea and their own countries. To this end, we need to improve the visa system, expand free trade education opportunities, and support them so that they can establish small but strong enterprises. Fifth, it is proposed to proactively expand trade education to specialized high school students. Considering that most of domestic companies pursuing activation of export are small but strong companies or small and mediumsized companies, they may prefer high school graduates rather than university graduates because of financial limitations. Besides, the specialized high school students may occupy better position in the job market if they are equipped with expertise in trading. This study can be meaningful, in that it is the first research that focuses on cultivating trading experts to contribute to the export activation of domestic companies. However, it also has a limitation that it has failed to reflect the more specific field voices. It is hoped that detailed plans will be derived from the opinions of the employees of domestic companies making efforts to become an export company in the related researches in the future.

• The Korean Journal of Air & Space Law and Policy
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• 제26권2호
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• pp.125-147
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• 2011

Considering a trend of logistics and transport industry in these days, it can be said that international express courier service is one of the most familiar transport type to the general public. Especially in Korea, due to development of electronic commercial transaction and the popularity of television home shopping, it can easily anticipated that express courier business will continuously grown in the future. However, the legal basis for international express courier is not properly set up so far. The only clause about this can be found on Korean Aviation Law said as 'commercial documents delivery business'. The origin of the commercial documents delivery business in Aviation Law is to make exception from public postal services which has been exclusive status as monopoly based on the Korean Postal Law. Basically, according to this regulation, all the private postal delivery is prohibited except some sort of commercial documents such as consignment notes, packing list, invoice etc. Thus, those documents could be delivered not only by public postal services but also by private courier company according to the Korean Postal Law. This waiver has probably come from under developing condition of Korean postal circumstances, however it should be revised according to the modernized business practice. Reflecting these revisions, the articles of Korean Postal Law adopted 'international express courier document' as the exception of postal service. Therefore, Korean Aviation Law also needs to be revised as Postal Law in due course. In addition to revision of Korean Aviation Law, some sort of new legislation is required to govern the private legal aspects such as legal liabilities, duties and rights of each parties on international express courier. This should be governed by 'law' not by 'terms and conditions' provided by business operators. Furthermore, to support and develop the current domestic logistics companies as international express courier company, it is required to regulate with the separate express courier law.

• The Korean Journal of Air & Space Law and Policy
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• 제33권2호
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• Journal of the Korea Safety Management & Science
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• 제11권4호
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• pp.1-6
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• 2009

This study was evaluated the indicators of GRI guideline LA6-LA9 for industrial safety sanitation field on 22 domestic sustainable management reports and 46 overseas reports published by companies in 2007 and 2008, was developed new indicators with emphasis on industrial safety sanitation act, and was assessed whether they are released. As a result, LA6(Percent of total workforce represented in formal joint management-work health and safety committees that help monitor and advise on occupational health and safety programs) was evaluated highest in release ratio on whether to release the reports by each indicator of industrial safety sanitation field using domestic sustainable management report GRI guideline, and in the case of overseas companies, it was evaluated that there is no companies that release all from LA6 through LA9 among GRI guideline, but it was grasped that the ratio of partial release is high. As for the release of indicators was developed with the use of industrial safety sanitation act of 22 domestic companies, the release of indicator No. 1(report and industrial disaster record) and 10(health diagnosis) of industrial safety sanitation act was high. This study is meaningful in that it analyzed the industrial safety sanitation field of sustainable management report(CSR) that has not been attempted so far with the use of new indicators developed with emphasis on GRI guideline and industrial safety sanitation act.

• Journal of Arbitration Studies
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• 제29권4호
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• pp.121-140
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• 2019

China, Hong Kong, Macao, and Taiwan have a singular political relationship. This distinctive relationship creates a unique impact on the nationality of the arbitral awards among the said countries. Each of these regions does not adopt the arbitral award of the other party as either a foreign arbitration award or a domestic arbitration award, but separately adopts the arbitral award in different jurisdictions within the same country. Therefore, in order to approve and enforce their arbitral awards in other areas, they have no choice to apply special laws or the conventions concluded between them, neither the New York Convention nor the individual arbitration laws in those areas. Therefore, this paper reviewed the convention and self-established laws among China, Hong Kong, Macao, and Taiwan regarding the approval and execution of the other arbitral awards. In addition, the domestic laws in China, Hong Kong, Macao, and Taiwan are compared with the New York Convention to ascertain the criteria for distinguishing domestic and foreign arbitral awards. This study also compared and analyzed what criteria were established for the determination of the nationality of the arbitral awards in the domestic law or the convention concluded in pan China. Through the analysis of these contents, the characteristics and problems of criterion for the determination of nationality among China, Hong Kong, Macao, and Taiwan were identified. Based on the results, this study examined the precautions Korean companies entering these regions should use in the arbitration system in these areas.

• International Commerce and Information Review
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• 제10권3호
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• pp.265-290
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• 2008

Domestic industries are facing the open era as a result of signing the Korea-U.S. FTA with no exception to the financial industry. The FFA between two countries is expected to produce pros and cons for domestic financial industry. Therefore, it is very important to minimize the shock caused by opening our financial market and to adopt the advanced financial tools actively. Signing the Korea-U.S. FTA and enforcing the Integration Law of Capital Market are leading a big crisis to the Savings Banks which have been shrinking under the dramatically changing domestic financial environment since the financial crisis. To cope with financial globalization, Korean Savings Banks are demanded to build up their concrete identity and reposition their status. This is related to shaping the long-term position of domestic financial industry. Therefore, the Savings Banks must take the growth strategy for their survival, and it is an inescapable choice. Several options are available: big scale operation and diversification of business functions, reinforcement of local-focused mediating function of funds, establishment of strategic alliance with other financial firms, reinforcement of risk management system and core competence, nourishment and employment of professional manpower, and active deregulation and policy support. When the Savings Banks are refurbished as an independent local bank performing the central role of local finance, the bright future can be their destiny under the enormously changing global financial environment. Also, two more conditions need to be satisfied: to establish horizontal networks among local banks directed by cooperative Korea Federation of Savings Banks to reverse the weak scale position, and to satisfy their own peculiar niche market with internal countermeasure to face global financial networks.