• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.239-272
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• 2014

The rights and obligations of the Member States of ITU in the domain of international frequency management of the spectrum/orbit resource are incorporated in the Constitution and Convention of the ITU and in the Radio Regulations that complement them. These instruments contain the main principles and lay down the specific regulations governing the major elements such as rights and obligations of member administrations in obtaining access to the spectrum/orbit resource, as well as international recognition of these rights by recording frequency assignments and, as appropriate, any associated orbits, including the geostationary-satellite orbits used or intended to be used in the Master International Frequency Register (MIFR) Coordination is a further step in the process leading up to notification of the frequency assignments for recording in the MIFR. This procedure is a formal regulatory obligation both for an administration seeking to assign a frequency in its network and for an administration whose existing or planned services may be affected by that assignment. Regulatory problem lies in allowing administrations to fulfill their "bringing into use" duty for preserving his filing simply putting any satellites, whatever nationlity or technical specification may be, into filed orbit. This sort of regulatory lack may result in the emergence of the secondary market for satellite orbit. Within satellite orbit secondary market, the object of transaction may be the satellite itself, or the regulatory rights in rem, or the orbit registered in the MIFR. Recent case of selling the Koreasat belongs to the typical example of orbit transaction between private companies, the legality of which remains doubtedly controversial from the perspective of international space law as well as international transaction law. It must be noted, however, that the fact is the Koreasat 3 and its filed orbit is for sale.

• Korean Journal of Occupational Health Nursing
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• v.6 no.1
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• pp.23-43
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• 1997

The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.27-56
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• 2006

Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

• Journal of Hospice and Palliative Care
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• v.9 no.1
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• pp.11-16
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• 2006

Purpose: This study is aimed to confirm nurse's attitudes and to investigate the factor analysis on organ donation in brain dead donors. Methods: This survey were collected from 198 nurses in three university hospitals and four general hospitals in B city with questionnaires developed by the author. The consent for this research was obtained from nursing managers, head nurses, and staff nurses after explaining the purpose of this research. Results: In questionnaires, 45 items about attitudes were included and positive and negative attitude were analyzed. The contents of factors are 'legal permission of brain death', 'one's will of organ donation at the brain death', 'need for educational program about brain dead during college curriculum', 'organ donation is good presents for others', 'connection with professional institutes', 'necessity of brain death', 'convenient to control of brain death' and 'the goods for organ transplantation in brain dead donors' as positive attitudes. Meanwhile, 'contrast to certain religion and dignity to life', 'negative dangers on brain dead permission', 'unbelief to the medical teams', 'burdens to ask organ donation to brain deads/families' and 'economical compensation' are factors as negative attitudes about organ donation in brain dead. The total mean point score of positive attitudes about organ donation in brain dead donors was $3.753{\pm}3.398$. The total mean point score of negative attitudes about organ donation in brain dead donors was $2.915{\pm}0.472$. Conclusion: The results of this study may be of help for the nurses who concern organ sharing and make effective interventions and educations to facilitate the decision making process for organ donation in brain dead donors or families.

• Journal of Food Hygiene and Safety
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• v.30 no.2
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• pp.178-188
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• 2015

Microbial quality of baked egg products was evaluated by counting the levels of sanitary indicative bacteria (aerobic plate counts, coliforms, and E. coli), L. monocytogenes and Salmonella spp. at the critical control points (CCPs) of manufacturing process. In addition, the survival and growth of foodborne pathogens in various egg products (cheese, tuna, tteokgalbi, pizza omelets, baked egg, and steamed egg) were investigated at 4, 10, and $15^{\circ}C$. The contamination level of aerobic plate counts decreased from 4.67 log CFU/g at CCP 1 to 0.56 log CFU/g at CCP 3 in baked egg products. No coliforms and E. coli were detected at all CCPs. Although L. innocua and Salmonella spp. were identified at CCP 1, no L. monocytogenes and Salmonella spp. were detected in the final products. The contamination levels of aerobic plate counts and coliforms in egg strips and number of aerobic plate counts in Tteokgalbi omelet are higher than the microbiological standard of processed egg products. At $10^{\circ}C$, the growth of all pathogens was not prevented in omelet and baked egg, but the populations of S. Typhimurium and E. coli were reduced in steamed egg at $10^{\circ}C$, regardless of the presence of other pathogens. The growth of L. monocytogenes was faster than that of S. Typhimurium and E. coli in omelet. More rapid growth of S. Enteritidis than S. Typhimurium was observed in egg products, indicating the greater risk of S. Enteritidis than S. Typhimurium in egg products.

• Cartoon and Animation Studies
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• s.39
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• pp.451-472
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• 2015

Lian Huan Hua(連環畵) has occurred in the history of China Cartoon was initially developed as a unique literary style of Chinese painting and narrative combined. Also Lian Huan Hua are also tend to form once the fusion 1920s was also a very creative fashion cartoon style. This is also referred to as chain cartoon. In 1950-1960, China 's Lian Huan Hua also mature a 'golden age' legal group reaches to indicate the unique formal features developed independently. This work is a dramatic expression of Lian Huan Hua narrative, shows a more realistic representation techniques and art forms such as portraiture is a very big breakthrough was achieved artistic maturity of the work increased significantly. by He You Zhi(賀友直) and by Hau San Chuan(華三川) is a masterpiece of artistry and maturity in the period leading side. Chapter 2 looked at the origin and development of Chinese Lian Huan Hua, it was seen by the fact that China achieved new progress in Lian Huan Hua upset every time the combination of content and form, In addition, the work of 1950-1960 in the development process of China's Lian Huan Hua confirmed the fact that they won the biggest achievement in artistry and maturity surface. Therefore, Chapter 3 how 'golden age' masterpiece of and the dramatic narrative of expression by analyzing a specific angle in the multifaceted image of the , realistic portraiture, such as the acquisition of Chinese concrete artistry Lian Huan Hua I want to show. Analysis of the figures depicting nature, landscape screens. consisted of highlights and background and techniques of utilization, production methods. The purpose of this research work is to identify two conditions of great Lian Huan Hua through analysis of concrete work and painting techniques such as framing and directing the Lian Huan Hua's artistic achievements is to investigate the influence of China in the early comics. These two works are focused on a realistic view of life and put out was to create a more effective representation of information it attempts to pass a new production techniques and will have the significance. Also completed was a new style absorbed throughout the aesthetic advantages are compelling own personality writers of Eastern and Western paintings are remarkable in that its performance. But the difference in the two works represent all types and painting techniques has a the mood of common China's lives.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.8
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• pp.367-377
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• 2017

This study examined the effects of the salinity of seafood wastewater on the sulfur denitrification process. An examination of the denitrification efficiency showed that the optimal EBCT was 1hr at an influent T-N concentration of 20mg/L or lower and 2-3hr at an T-N concentration of 30mg/L. An examination of the denitrification efficiency according to the nitrogen load showed that the legal effluent water quality criterion was satisfied when the influent load was maintained within $0.496kg/m^3/day$. On the other hand, the reactor volume increased when this was applied to the site. Therefore, the influent load should be within $0.372kg/m^3/day$ considering the denitrification and economic efficiency. At a load of $0.248{\sim}0.628kg/m^3{\cdot}day$, the k value was $0.0890{\sim}0.5032hr^{-1}$. The batch experimental results according to the $Cl^-$ concentration showed that at an influent nitrogen concentration of 30.0mg/L, the effect of the denitrification efficiency was not large below the salinity of $7,000mgCl^-/L$, but inhibition occurred above $9,000mgCl^-/L$. Calculations of the reaction rate constant according to the $Cl^-$ concentration showed that the reaction rate constant was $0.1049{\sim}0.2324hr^{-1}$ at a raw wastewater concentration of ${\sim}5,000mgCl^-/L$. In contrast, the k value was $0.1588hr^{-1}$ at $7,000mgCl^-/L$ and $0.1049hr^{-1}$ at $9,000mgCl^-/L$.

• Korean Security Journal
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• no.61
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• pp.285-305
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• 2019

In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

• Journal of Legislation Research
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• no.53
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• pp.593-631
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• 2017

Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

• Korean Journal of Heritage: History & Science
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• v.52 no.3
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• pp.252-269
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• 2019

Since the inauguration of the Kim Jong-un regime in 2012, the safeguarding and management system of cultural heritage in the Democratic People's Republic of Korea (DPRK) has been changing to a form similar to that of a democratic country's legal system. In addition, the National Authority for the Protection of Cultural Heritage (NAPCH) has continuously recorded and cataloged intangible cultural heritage elements in the DPRK, listing Arirang, kimchi-making, and ssireum on the UNESCO Intangible Cultural Heritage Representative List. In particular, the multinational nomination of ssireum in October 2018 is symbolic in terms of inter-Korean exchanges and cooperation for peace and reconciliation, raising expectations for the further multinational nomination of the two Koreas' intangible cultural heritage. Currently, South Korea lists 20 items on its Representative List of the Intangible Cultural Heritage of Humanity, three of which are shared by various countries with multinational nominations such as falconry, tug-of-war, and ssireum. However, when comparing the process of applying for multinational nomination in the three elements that follow, it is necessary to discuss whether these cases reflect the nature of multinational nomination. In particular, in the case of ssireum, without a working-level consultation between the two Koreas to prepare an application for a multinational nomination, each applied for a single registration; these applications were approved exceptionally as a multinational nomination by the Intergovernmental Committee under the leadership of the Secretary-General of UNESCO, and no bilateral exchanges have taken place until now. This is symbolic, formal, and substantially similar to the individual listings in terms of the spirit of co-listing on the premise of mutual exchange and cooperation. Therefore, the only way to strengthen the effectiveness of the multinational nomination between the two Koreas and to guarantee the spirit of multinational nomination is to request multilateral co-registration, including the two Koreas. For this, the Korean government needs a strategic approach, such as finding elements for multilateral co-listing; accumulating expertise, capabilities, and experience as a leading country in multilateral co-listing; and building cooperative governance with stakeholders. Besides, to reduce the volatility of inter-Korean cultural exchanges and cooperation depending on political situations and the special nature of inter-Korean relations, measures should be taken toward achieving inter-Korean cultural heritage exchanges and cooperation under a multilateral cooperation system using UNESCO, an international organization.