• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.7-31
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• 2003

The governments of almost countries have the rules and procedures that the purchasing entities have to follow, in order to ensure that the best value for money spent is obtained in procuring goods and services. However, there are often some of important problems in their rules relating to government procurement. Namely, almost countries have a variety of discriminatory regulations for foreign suppliers in the government procurement laws with the object of national security, economic welfare, and protection of domestic market from international competition. For this reason, several advanced countries had reached the Plurilateral Agreement on Government Procurement during Tokyo Round(1973-1979) and Uruguay Round(1986-1994). However, the provisions of two agreements do not apply to all products made by the government but only to those made by purchasing entities specified by each member country in its list in the Appendix. Accordingly, the size of goods and services purchased from foreign suppliers were comparatively not large. As we know well, the United States have spent a large amount of money from federal and state government budget. But the portion of procurement from foreign suppliers is still small, compared with the portion of procurement from domestic suppliers. The main reason are that U.S. has applied for long time the so-called Buy American Act to government procurement positively and maintained many kinds of other domestic regulations which have discriminatory provisions for foreign goods and foreign suppliers. On the recognition of these points, this thesis deals with the Buy American Act and other U.S. domestic laws, regional and bilateral, and plurilateral agreements including WTO Agreement on Government Procurement. As a result, the author found that there are several concerns and problems in the U.S. regulations relating to government procurement. It include the provisions on priority procurement of U.S.-produced products, local contents requirements, set-aside procurement from small business, and exclusion of preferential procurement from the developing countries.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.1
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• pp.1-9
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• 2018

All ships should ensure stability in accordance with IMO regulations. However, GM is only used to determine ship stability because it takes a lot of time to validate all regulations. This is a problem given that the safety of vessels cannot be guaranteed, potentially leading to accidents. There is a need for a more intuitive and comprehensive method of confirming the stability of ships. This study developed a stability index that expresses ship stability in one value. An index equation is defined based on the 6 stability criteria for ships prescribed by IMO and the result of calculating the ship stability of a model ship. A stability index has been derived for each loading condition by applying the index equation to the same ship. It can clearly be seen that this stability index appropriately explains the criteria. In other words, it is possible to assess ship stability with one value and confirm whether the ship stability satisfies IMO regulations. This index will help masters and officers more easily and accurately check ship stability.

• Ocean and Polar Research
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• v.37 no.1
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• pp.81-90
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• 2015

International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.465-495
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• 2011

Domestic franchised businesses have been showing relatively fast growth, but the growth is expected to slow down as in those developed countries. In face of this changing market environment, domestic franchisers will have to turn their eyes abroad to achieve sustainable growth. On the other hand, more international franchisors could pursue expanding into the Korean market due to economic or strategic reasons in their home countries. In general, enterprises are faced with several barriers when entering foreign markets by franchising their operation. Issues relating to such entry barriers can be broadly classified into legal and managerial. To begin, international franchising necessitates enterprises to handle various aspects of legal issues. There are no internationally unified rules for franchise agreements as in international goods purchase contracts. This forces franchisors to have deep knowledge of concerned regulations and practices of each of the individual target countries, in particular franchising practices which differ from those of their own countries in terms of rights and obligations of the involved parties. Having regard to this situation, this study reviewed the EU's PEL CAFDC and other domestic and overseas regulations governing franchising. From the results, several contractual obligations were derived that need to be taken into account when handling the issues around the international franchise agreement. In closing this paper mainly having in mind enterprises in various business lines seeking to expand into international franchising, some unmet needs are worth commenting. First, there is an urgent need to establish practical guidelines along with the model agreement addressing the issues of international franchising in the absence of any unified international rules. Second, to meet the first need above, it is needed that the relevant authorities conduct a comprehensive review of the existing franchising regulations available across overseas countries and, based on the results, embark on gathering good common elements in the existing franchising regulations in individual countries, ultimately developing the best possible guidelines and examples.

• Spatial Information Research
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• v.19 no.5
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• pp.27-35
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• 2011

The current cadastral surveying is used digital cadastral map. This map is no local confirmation. Besides, Base cadastral map drawn up 100 years ago. And Graphical cadastral characteristic is difficult to ground boundary points restoration. Due to the lack of ground boundary points can cause land dispute and Cadastral Non-Coincidence. In this Study, Understand the concept of accuracy and error, Analyzing the current regulations. Also Comparative analysis of current cadastral regulations and other surveying regulations to suggest improvements to the cadastral surveying. The results indicated a clear definition of accuracy and error and The installation of permanent ground boundary points are needed. Uniform and consistent reference point system is needed. In addition, the accuracy provided by the landowner should understand. Cadastral Surveying Regulations require specific and detailed procedures.

• International Commerce and Information Review
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• v.16 no.1
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• pp.117-142
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• 2014

China having largest market in the world, has been criticized by its trading partner countries due to its unfair trade practices, particularly in the field of anti-dumping regulation. The main reasons for such criticism seem to come from the incomplete anti-dumping law as instrument to protect the industry concerned. In 2001, though new anti-dumping law was established to replace the former one by revising it to meet the needs for economic development which should be secured for china to take part in the competition world as the new member of WTO. The provisions concerned have been evaluated not to be sufficient and efficient from the viewpoint of the safeguard mechanism, while are required to be modified to meet the real world of international trade law. I consider that as the biggest partner of chinese trade activity, we will need to maintain a well understanding of the Chinese anti-dumping regulations. So this report conducts the Chinese anti-dumping regulations, compares between the chinese regulations and the WTO agreement, and studies deeply in to the problems and the improvements of the Chinese anti-dumping regulations.

• Fire Science and Engineering
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• v.25 no.5
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• pp.54-61
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• 2011

The study is to analysis of fire protection regulations for the nuclear power plants (NPP) in the United States, Japan, the UAE (United Arab Emirates), and Korea with the intention of exporting NPP to the UAE. Fire protection regulations for NPP for these countries permit the fire protection design and facilities in accordance with the evaluation of the potential fire hazards. However, in Korea, the NPP is a part of power generation facilities in Korea fire protection law, and the atomic energy act classifies them as the reactor and related nuclear facilities. The fire protection law and atomic energy act are different to the criteria for the fire protection of NPP. To maintain the leading position as a nuclear exporting country, the performance-based fire hazard analysis should be reasonably incorporated in the design of the fire protection system. It was suggested that the integrated requirements of the fire protection for NPP should be incorporated to the construction article for the fire protection facilities specified in paragraph 2 of Act II, being classified into the special objects to be protected against fire, which requires a performance-based design in order to incorporate the specific requirements for NPP.

• Fire Science and Engineering
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• v.25 no.3
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• pp.72-77
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• 2011

This study aims to provide fundamental information required to establish an efficient maintenance and management system for fire fighting clothing which takes into account the domestic fire protection environment and situation. There aren't any detailed regulations and appropriate pre-inspection systems which would be required for proper maintenance of fire fighting clothing, as well as any test methods to determine the life spans of fire fighting clothing properly. Thus, this study tries to analyze the problems in use of fire fighting clothing and its maintenance situation and summarize overseas maintenance situation for fire fighting clothing. As a result, it is found that domestic fire fighting clothing is washed, repaired, and stored without any systematic management regulations. It is also found that the life spans of fire fighting clothing are determined, based on part of overseas management regulations on fire fighting clothing. Therefore, it is imperative to set up efficient management regulations and test methods for fire fighting clothing which would be required for efficient use of the fire fighting budgets and the life safety of fire fighters.

• Journal of Cadastre & Land InformatiX
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• v.47 no.2
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• pp.121-133
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• 2017

Technical regulations in the spatial information domain have been developed by a variety of independent organizations and raised inconsistent and overlapping problems with spatial information standards. Many research projects have been done to solve these problems but due to the difficulty of changing or modifying existing administrative regulations, almost nothing has happened for the harmonization. As a response to the fundamental problem, KATS (Korean Agency for Technology and Standards) recently switched the existing system to "trans- governmental participatory standard operation system" and the administrative change created an independent and consistent standard system in the Ministry of Land, Infrastructure and Transport. The Ministry, as a part of the effort, established its own KSDI(Korean Spatial Data Infrastructure) Standard system. From this context this paper presents a redefinition of technical regulation for the harmonization with spatial information standards, an association model between the standards and regulations, and a maintenance methodology to solve the fore-mentioned problems.

• Journal of the Korean Institute of Landscape Architecture
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• v.27 no.1
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• pp.1-10
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• 1999

There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.