• The Korean Journal of Food & Health Convergence
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• v.6 no.1
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• pp.21-27
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• 2020

The levels of five heavy metals (mercury, cadmium, lead, copper and zinc) were analyzed in edible tissues of Lophius piscatorius Linnaeus, 1758 marketed in Sinop coasts of the Black Sea by using inductively coupled plasma mass spectrometry. With the present study, heavy metal values of this fish in the Black Sea were examined for the first time. The mean concentrations in mg kg^-1 wet wt. of Hg, Cd, Pb, Cu and Zn were 0.022, 0.009, 0.035, 6.3 and 16 mg kg^-1 wet wt., respectively. The results of the present study indicate that the consumption of muscle from anglerfish can be considered safe in terms of permissible legal limits. It is clear that, Zn showed the high accumulation in muscle tissue followed by Cu, while non-essential metals Hg, Cd and Pb showed the low accumulation. This could be explained by the fact that Zn and Cu are essential elements in the bodies of living organisms and has an important role in different physiological processes. In the present study, heavy metal levels in angler fish were low. Likewise, the calculated HI values were lower than one. In conclusion, the results of the present study indicate that the consumption of muscle from anglerfish can be considered safe in terms of permissible legal limits and hazard index values.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.31 no.4
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• pp.304-316
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• 2021

Objectives: By comparing and analyzing the legal system for risk assessment in South Korea with other advanced countries, the study is designed to identify the key elements of risk assessment and seek improvement measures while focusing on solutions to the execution of risk assessment violations. Methods: The study started with an awareness of the need to improve the legislation on the risk assessment of businesses in Korea. In order to reflect this problem consciousness in Korea's industrial safety and health legislation, risk assessment legislation in Japan, Britain, Germany, and Korea was analyzed in comparative terms through the literature. Results: Unlike the other advanced countries, the concept of risk assessment is defined in Korea in a broad sense that includes measures to reduce risk, and risk assessment in the manufacturing and design stages is not institutionalized. In the case of worker participation, there is a problem regarding effectiveness. It is problematic that compared to the other foreign countries there is a possibility that general risk assessment will be neutralized because it is recognized as a uniform general risk assessment for a particular risk assessment, as well as inadequate risk assessment. Conclusions: The areas diagnosed with problems compared to the legislation in other advanced countries should be improved by revising laws and administrative rules and supplementing the explanatory guidelines, etc. by referring to the legislation of these countries. In particular, the issue of enforcement for violations of risk assessment must be improved in order to ensure the effectiveness of risk assessment.

• Korea Trade Review
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• v.43 no.3
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• pp.75-100
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• 2018

This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.165-206
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• 2018

Researchers, Institutional Bioethics Committee(IBC)/Institutional Review Board (IRB) members, Research Institutions that have multiple interests in relation to research should ensure that conflicts of interest(COI) do not arise in making professional judgments. In other words, according to the role that must be performed or the obligation to fulfill it, the primary interest, which must be considered or should be prioritized, should not be affected by the secondary interest. Therefore, standards and methods should be prepared so as to prevent and solve the problems of COI that have arisen, and the basic matters on standards and methods should be clearly defined in terms of the law and policy so that all parties such as Researchers can understand and follow them. In order to establish a more realistic legal policy, it is necessary to grasp the current situation. Therefore, I have reviewed results of the questionnaire survey and interview conducted for the administrative staff of IBC/IRB to confirm their opinions on legal policy problems related to COI and countermeasures for resolving them. Also, I have reviewed the main contents of issued by the US Department of Health and Human Services in order to assist in the preparation of domestic legal policy about conflicts of interest. Finally, I have analyzed the present state of domestic legal policy in relation to the Researcher's COI, the IBC/IRB member's COI, and Institutional COI and suggested way to improve it.

• Journal of Gifted/Talented Education
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• v.20 no.1
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• pp.231-256
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• 2010

The research attempts to explore legal issues related to teacher certification in gifted education. For this end, first, the institutional processes of the 'Law of the Promotion of Education for the Gifted and Talented' and its legal characteristics were reviewed. The 'Law of the Promotion of Education for the Gifted and Talented' appeared to be superior to the 'Law of Elementary and Secondary School Education' in order to ensure the right of the gifted to receive a proper education. In consequences, regulations related to teacher certification in gifted education should require to obtain professional knowledge and ability in addition to general education teacher certification. Second, the differences between 'Law of the Promotion of Education for the Gifted and Talented' and 'Law of Elementary and Secondary School Education' were analyzed. It was found that the 'Law of the Promotion of Education for the Gifted and Talented' is not sufficiently articulated in terms of required and elective courses and hours to certify teachers for the gifted as well as their employment at gifted educational institutions. In conclusions, further attentions to legal imperatives in gifted education are called for establishing and upgrading teacher certification in gifted education.

• The Journal of the Korea Contents Association
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• v.13 no.5
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• pp.223-233
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• 2013

As the injunctive effect on the real estate gets announced in public once the seizure register gets exercised in terms of auction and the action of disposal by the real estate owner afterwards becomes nullified in the relationship with a seizure creditor or a successful bidder, the register performed by the cause of disposal action that cannot confront with the seizure or provisional seizure, becomes cancelled in virtue of a registration officer's office. Accordingly, in case of being a singular successor who relatively loses property in a relationship toward the successful bidder due to the injunctive effect of provisional seizure, the identity with building owner and land owner as the precondition of establishing legal superficies according to the custom must be decided based on the time of provisional seizure. The Supreme Court Decision 2010Da52140 delivered on October 18, 2012 has great significance from the fact that it has settled inconsistency in existing precedent cases with such purpose.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.

• Journal of the Korean Institute of Landscape Architecture
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• v.30 no.2
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• pp.23-38
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• 2002

The purpose of this paper is to propose directions for urban greening and nature conservation in small-to-medium-sized cities in Korea for implementation of the Local Agenda 21 (LA 21 hereafter). In this paper, the status of implementation of the LA 21 in both Korea and Japan have been examined. In addition, the green-related plans of both countries have been compared. The cities of Jeonju and Sagamihara were chosen as examples to compare. The result of the research is as follows: 1)With regard to the responsible bodies, in Korea, the implementing plans were initiated by the environment-related authorities of local governments while, in Japan, the plans of action were initiated through consultative committees reflecting opinions from citizens and business entities. 2)Concerning the status of implementation of LA 21, the city of Jeonju has adopted a plan of action and then implemented the plan through a consultative body without adequate legal ground. On the other hand, the city of Sagamihara has enacted a local ordinance to implement the LA 21 It was learned that the newly enacted ordinance has positively been interrelated to existing environmental plans. 3)Regarding urban greening and nature conservation plans, the city of Jeonju has focused on comprehensive measures to preserve and restore ecology while the city of Sagamihara has clearly suggested educational purposes in its plans in addition to preserving and restoring ecology. 4)In terms of support by law or legal system concerned, it has been teamed that, compared with Japan, Korean plans have not been properly supported by law or the legal system to urban greening and nature conservation plans. The same was shown in the city of Jeonju as compared with the city of Sagamihara. As for future directions, the follow are proposed: 1) establishment of a local Committee on Sustainable Development, 2) enactment of relevant and regulations such as the Master Plan of Parks and Green Open paces, 3) establishment of ecological greening plans.

• Korean Journal of Construction Engineering and Management
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• v.19 no.6
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• pp.94-102
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• 2018

Recently, there is a growing need to review compliance with legal requirements to ensure fire safety as the number of fires caused by noncompliant fire safety facilities in high-rise buildings has increased. While there are a large number of apartment buildings in Korea, there is a lack of review on fire safety facilities' compliance with fire safety requirements. The reason for this lack of review despite apartment buildings causing deaths due to their structural features in the event of a fire, lies in the misinterpretation of legal provisions as the Building Act and the Fire Services Act are mixed up; a final inspection when fire safety facilities are unnecessarily installed or missing could result in significant losses in terms of finances and time. Therefore, this study developed a checklist that makes it possible to review mixed-up legal requirements for fire safety facilities simultaneously, and examined the importance and current level of each item through IPA (Importance Performance Analysis). Based on these results, this study intends to develop a manual that considers its applicability to construction practices and contribute to reducing construction companies' fire safety inspection risks.