• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.3
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• pp.365-374
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• 2023

Objectives: After the MSDS submission and non-disclosure review system was introduced in January 2021, there were compliance difficulties in the field. Accordingly, for the establishment of the MSDS system, the government intends to investigate what has been improved and what urgently needs to be improved in the future, and to suggest detailed improvement plans. Methods: The background and problems of urgent difficulties in the field handling chemicals were investigated, and realistic improvement plans were derived through review of other laws related to the MSDS system and overseas cases. Results: In order to guarantee the safety of the public while at the same time promoting corporate R&D, it is necessary to alleviate the non-disclosure screening system for chemical substances for R&D, and to improve the irrationality of failing to implement the non-disclosure screening system due to information on unclassified substances being circulated. For this reason, it seems necessary to ease the requirement to submit all ingredients. In addition, it is necessary to strengthen punishment to raise awareness so that health problems do not occur due to the harmfulness and danger of hidden substances among workers who handle chemical substances and downstream users due to false descriptions in MSDS. Conclusions: All members of our society, including chemical manufacturers/importers and handling companies, academia, civil society, and the government, each subject of chemicals, should take an interest in the entire process from production to disposal of chemicals and work together to prevent harm to the public.

• The Korean Journal of Archival Studies
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• no.22
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• pp.77-114
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• 2009

The right to know is not satisfied merely by making or improving laws or systems. The right to know is a matter of culture rather than system. Nevertheless, consistent system improvement measures are required. There are many laws relating to the right to know. In particular, at the core are the Official Information Disclosure Act, the Record and Archives Management Act, and the Presidential Record Management Act. The fact that systems relating to official record management and presidential record management are related to the right to know is understood by the promotion of records and archives management reform after the year 2004, as a result of which the national archives management innovation road map was established. Reflecting the many opinions of the "Information Disclosure System Improvement Task Force" composed with participation of the government and the press after the participatory government's announcement of "Measures to Advance the Support System for News Coverage," amendments to the Information Disclosure Act have come forward with system improvement measures in connection with issues that had arisen until then. Such improvement measures have not resulted in actual improvements. This thesis proposes several system improvement measures, focusing on those that have arisen until now but have not been reflected in discussion, such as converting the concept of information non-disclosure into disclosure postponement, preparing and disclosing particular information disclosure standards, specifying personal information for non-disclosure, specifying and strictly applying any information that has not been disclosed for purposes of internal review, deleting non-disclosure items in stenographic records that do not have a reason to exist, and establishing limits and terms of non-disclosure. Of the most remarkable system improvement measures that have been made until now is our recognition that the right to know is not limited to the information disclosure system but that the "cause" of archive management should be systematic and scientific. In other words, the right to know is understood to establish not just accidential factors, such as with a whistle-blower, but the inevitable factors of systemization of production, distribution, preservation, and use of archives. Much more study should be pursued regarding disclosure of archives information. In particular, difficult issues to be resolved regarding reading records at permanent archives management institutions, such as the National Archives of Korea, or copyrights that arise in the process, require constant study from academia and relevant institutions.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.33 no.3
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• pp.265-272
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• 2023

Objectives: Since the material safety data sheets(MSDS) submission and non-disclosure review system was introduced in January 2021, the implementation status of MSDS for chemical manufacturing and importing workplaces being supervised for the first time. Methods: A supervisory team consisting of two labor inspectors and one from the Korea Occupational Safety and Health Agency directly visited the selected workplaces to check compliance with the MSDS system as a whole. Results: As a result of supervising 214 chemical substance manufacturing/importing workplaces, a total of 241 violations of the law were found in 121 workplaces, or 57% of them. In response, the Ministry of Employment and Labor took legal action on 8 cases in 6 locations, imposed a fines totaling of 249.69 million won on 120 chemical handling workplaces, and took action to correct the violations immediately. Conclusions: Major violations were in the order of non-request for warning signs, non-submission of MSDS, non-execution of MSDS training, and non-posting of MSDS. This shows the reality that employers who handle chemical substances are sufficiently communicating chemical information to workers. In the future, the government will actively implement preparation and submission support and system guidance for the implementation of the MSDS system, while making efforts to ensure that the MSDS system works well in the field through thorough on-site supervision in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.171-194
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• 2016

In the UK, the legal principle for the duty of disclosure established in Carter v Boehm case was codified in the Marine Insurance Act 1906("MIA"). The duty of disclosure under the MIA is the pre-contractual duty by the insured and therefore, the insured should disclose the every material circumstance that would influence a prudent insurer's judgement. If the insured violates the duty of disclosure, the insurer is entitled to avoid the insurance contract, regardless of whether there was the deliberate or reckless breach, which is unfavorable to the insured. The Law Commission reviewed the duty of disclosure under the MIA in detail and provided the Insurance Act 2015 for the purpose of enhancing the interests of the insured. The Insurance Act 2015("Act"),while the basic legal structure of the duty of disclosure under the MIA still remains, amends it in respect of non-consumer insurance and furthermore, integrate the duty of disclosure and the duty not to misrepresent into the duty of fair presentation of risk. And according to the Act, the insurer is required to more actively communicate with the insured before entering the contract with the result that, if the insured fails to disclose the material circumstance but provides the sufficient information to put the insurer on notice, the insurer should further inquire for the purpose of the insured's revealing the material circumstance. In addition, the Act details the insured's constructive knowledge of material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk.

• The Journal of Asian Finance, Economics and Business
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• v.4 no.1
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• pp.59-66
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• 2017

The purpose of this paper is to review the quality of corporate governance from the prior empirical literature. This study finds that most of the researchers developed the self structured corporate governance index and few researchers used the corporate governance index provided by rating agencies. This study also finds that there is no uniform basis to measure the corporate governance quality and observed the variation in terms of overall and individual attributes of corporate governance; sub-indices of corporate governance; scoring system; weighted and un-weighted method; statistical method; time period; financial and non financial companies; code of corporate governance; listing requirement; disclosure practices; legal environment; firms characteristics; and country perspective. This study also observed that overall corporate governance quality is very low in most of the studies and even quality of corporate governance varies in the firms within the same country. This study recommends that the boundary of corporate governance quality should be defined based on the agreed set of rules and regulation, code of governance and practices. This study also suggests that the regulator and policy makers should more emphasize on code of corporate governance and regulatory framework and monitoring to improve the quality of corporate governance.

• The Journal of the Convergence on Culture Technology
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• v.9 no.3
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• pp.75-79
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• 2023

ESG management means to thoroughly consider the investor's perspective when evaluating corporate value, and environmental, social, and governance issues are continuous and strategic monitoring issues in identifying risk and opportunity factors related to corporate management activities. In other words, the perspective of value creation is reflected in business relationships. The fundamental purpose of ESG management is continuous business value creation and thorough management of investment risks and business transactions in contractual relationships. It is also a requirement of linked investors. The field that Korean companies are currently experiencing the most is the recognition that 'ESG information collection is necessary and maintenance must be prioritized' in investor IR and global sales and marketing departments, and the primary need for this is emerging. In addition, as the legal affairs office, environmental safety department, and human resources department, which conduct compliance management, carry out related tasks, clarity at the organizational level must precede in order to properly establish an information integration and management system. It covers the scope of securing new market opportunities such as management, disclosure and communication. Therefore, in regard to the newly emerging ESG management and response methods, it is necessary to review and implement it repeatedly so that sustainable exchange profits can be created by simultaneously managing non-financial risks as well as efforts to enhance corporate value for financial returns.