• 한국중재학회지:중재연구
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• 제27권1호
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• pp.59-84
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• 2017

The effects of an arbitration agreement depend on the legislative policy of the nation where arbitral awards are made and where awards are worked out in the private procedures. According to the main body of Article 35 of the Korean Arbitration Act, arbitral awards have the same effects on the parties as the final and conclusive judgment of the court. This is only possible if the awards are formed by satisfying all the legal requirements, have gone into effect, and have become final and conclusive. It is for the legal stability and the effectiveness of the settlement of disputes that the Act grants arbitral awards. While investigating the effects of an arbitral award, the character of the arbitration in which the party's autonomy applies should be considered, along with the substance of the disputes which parties intend to resolve by an arbitration agreement. The proviso of Article 35, which was added in the 2016 Act, says that the main body of the Article shall not apply if recognition or enforcement of arbitral awards is refused under Article 38. Two stances have been proposed in interpreting the proviso. One of them is that there are grounds for refusing the recognition and enforcement of the awards. The other one is that the ruling of the dismissal of a request for enforcement has been final and conclusive. According to the former, it is really unexplained as to its relations with the action for setting aside arbitral awards to court and the distinction between nullity and revocation, and so on. Therefore, its meaning must be comprehended on the basis of the latter so that the current Act system with revocation litigation could be kept. The procedures of setting aside, recognizing, and enforcing arbitral awards are independent of one another under the Act. It is apprehended that the duplicate regulations may lead to the concurrence or contradiction of a court's judgment and ruling. Thus, we need to take proper measures against the negative sides by interfacing and conciliating these proceedings.

• 한국산업보건학회지
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• 제11권2호
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• pp.169-178
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• 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.

• 한국산업정보학회논문지
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• 제10권4호
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• pp.120-127
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• 2005

본 논문에서는 현재 강원도 중소기업들이 기업경쟁력을 높이기 위해 실시하고있는 품질경영 방안에 대해 연구하였다. 연구결과 강원도에 위치한 중소기업에서 실시하고있는 활동은 고객 중심의 품질경영과 자동화, 신기술, 공정개선을 위한 활동 및 ISO 9000인증 획득에 많은 관심을 갖고 있으며, 다음으로 5S에 의한 공장합리화${\cdot}$제안제도에도 관심을 두고 있는 것으로 나타났다. 본 연구 대상인 기업은 고객 만족을 위한 제품/서비스를 제공함으로써 경쟁회사보다 시장성 우위를 확보하고, 가격경쟁력을 확보하려 노력하고 있는 것으로 분석되었다.

• 한국건설순환자원학회논문집
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• 제5권2호
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• pp.116-123
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• 2010

현행 "건설폐기물의 재활용 촉진에 관한 법률" 시행규칙에서는 가연성 건설폐기물의 재활용에 대한 명확한 규정 없이 배출규정만을 제안하여 대부분의 가연성폐기물이 단순 소각 또는 혼합폐기물의 형태로 소각 또는 매립되고 있는 실정이다. 따라서 가연성 건설폐기물의 단순 소각을 최대한 억제하여 연료화 등으로 재활용 할 수 있는 제도적 방안의 마련이 필요한다. 본 연구에서는 이를 위하여 가연성 건설폐기물의 발생 및 처리현황을 분석 조사하였고 국내 폐기물 고형연료관련 제도 및 법규를 검토하였다. 그리고 이를 토대로 국내 가연성 건설폐기물의 연료화를 위한 문제점을 분석하여 가연성 건설폐기물을 활용한 고형연료의 정착을 위한 정책적 방안을 제시하였다.

• 무역상무연구
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• 제58권
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• pp.99-124
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• 2013

International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

• 무역상무연구
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• 제77권
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• 동아시아식생활학회지
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• 제21권3호
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• pp.401-417
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• 2011

The purpose of this study was to investigate consumer concerns about hazardous elements on foods and recognition of the roles of government, food producers, and consumers in securing food safety. The data were collected from the 443 adult consumers living in Seoul, Busan, Daegu, Incheon, Kwangju and Daejeon through a self-administered questionnaire. Frequencies, t tests, analysis of variance and Duncan's multiple range tests were conducted using SPSS Windows. The results of the survey were as follows: (1) the respondents were worried about health risks related to hazardous elements on foods, (2) many respondents were more worried about preservatives of imported foods than those of domestic foods, and (3) most respondents mentioned that observance of enforcement regulations by producers was the most important factor for ensuring food safety in the future. These results imply that regulations regarding the safety of imported foods should be increased.

• Journal of Radiation Protection and Research
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• 제28권1호
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• pp.65-73
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• 2003

The paper discusses results of recent international intercomparison exercises on internal dose assessments, status of up to date internal dosimetry methods and the radiological legislation developed and implemented in Korea, European Union and Ukraine. The system of radiation protection in Korea is based on the Korean Atomic Energy Regulatory Enforcement on Safety Standards (Ministry Notice No. 2001-2). The notice is based on the recommendations in ICRP Publication 60 (1990) and IAEA Basic Safety Standards (1996). But the full implementation of the notice by the end of the year 2002 is not required because of the socio-economic situation and inexperience in internal radiation dosimetry Regulatory framework for internal radiation dosimetry is under development toward the full implementation of the notice from January 1, 2003. The system of radiation protection in Ukraine is based on the National radiation protection regulatory code NRBU-97. The code was developed and adopted in 1998 and replaced the Regulations of Former Soviet Union. The document is based on the ICRP Publication 60, Euratom Directive 96/29 and IAEA Basic Safety Standards (1996). The transitional period of 5 years (effected till January 2003) is established for implementation of all requirements of this new regulation. The system of radiation protection in the European Community is based on the Council Directive 96/29/Euratom, adopted in 1996 and enforced from 13 May 2000. Directive 96/29/Euratom has the status of the European law.

• 한국정보통신학회:학술대회논문집
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• 한국정보통신학회 2016년도 추계학술대회
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• pp.183-184
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• 2016

본 연구에서는 온라인, 모바일 플랫폼에서 웹보드 게임에 대한 규제를 분석하고 사행성 게임에 대한 규제 원화 정책을 제언하고자 한다. 현재 국내 게임 산업에서 자주 다루어지는 이슈 중 하나로 '사행성'에 관련된 법적 규제이다. 사행성이란 게임의 재미를 위해서는 꼭 필요하지만, 과몰입과 중독에 쉽게 빠지게 하는 양면적인 면을 가진 요소 중 하나이다. 2014년 2월부터 국내에 시행중인 웹보드 시행령을 분석하고 최근 완화된 규제양상을 분석하여 어떠한 안전망 하에서 규제가 완화되어야 할지를 고찰하고자 한다. 이를 통해 안전하게 성인들이 이용 가능한 웹보드 규제안을 도출하고자 한다.

• 아태비즈니스연구
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• 제12권1호
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• pp.165-182
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• 2021

Purpose - The purpose of this study is to compare and analyze the ordinances of other local governments to propose implications and improvement plans for the ordinances of Chuncheon City. To this end, cases of overseas legislation related to youth labor rights, domestic laws and major policies of the central government were reviewed. Design/methodology/approach - This study mainly utilized literature research methods. In addition, it was based on foreign laws and case analysis, domestic laws and ordinances, and preceding research and data related to government policies. Findings - Chuncheon city ordinances are superior to those of other local governments. However, the details of the establishment of the implementation plan, the actual condition survey, and the establishment of the consultation system are included in the project contents of Article 6, so it is not concrete and clear. And there were no articles related to the labor environment check. Research implications or Originality - It is proposed to make the contents of the establishment of an implementation plan, survey, and consultation system as independent provisions. It is also proposed to establish a new article related to the youth labor environment check. In addition, it is desirable to establish detailed regulations by establishing the ordinance enforcement regulations.