• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.159-184
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• 2014

Climate change is one of the biggest dangers facing all living creatures in the earth. It has been understood that emissions of greenhouse gases from human activity is the cause of climate change. Cars are responsible for around 12% of total EU emissions of CO2, the main greenhouse gas. The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental treaty adopted at the United Nations Conference on Environment and Development (UNCED) on 9 May, 1992, which entered into force on 21 March 1994. The European Commission first adopted a Community Strategy to reduce CO2 emissions from cars in 1995. On 19 December 2007, the European Commission proposed "Proposal for Setting emission performance standards for new passenger cars to reduce CO2 emissions", which was adopted on 23 April 2009 as "Regulation (EC) No 443/2009". Prior to submitting the Proposal, the European Commission performed impact assessment and prepared impact assessment report which was reviewed by the Impact Assessment Board. The objective of this Regulation is to set emission performance standards for new passenger cars registered in the Community, which forms part of the Community's integrated approach to reducing CO2 emissions from light-duty vehicles while ensuring the proper functioning of the internal market. In the event that a manufacturer fails to meet its target, it will be required to pay an excess emissions premium in respect of each calendar year from 2012 onwards. On 11 March 2014, Regulation (EC) No 333/2014 amending Regulation (EC) No 443/2009 was adopted. Regulation (EC) No 333/2014 amends Regulation (EC) No 443/2009 to implement the modalities of meeting the 95g CO2/km target for new passenger cars to be reached in 2020. As industry benefits from indications of the regulatory regime that would apply beyond 2020, the Regulation includes a further review to take place by, at the latest, 31 December 2014.

• International Commerce and Information Review
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• v.16 no.2
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• pp.297-318
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• 2014

The study has try to analyze firm-level marketing strategy for making inroads into United Arab Emirate(UAE) in the Middle East Rrgion. Korea's pharmaceutical medicine industry can overcome that growth limit by strategically advancing into the world market even the its market share is slight as of 2013. The results of Marketing Mix strategies to enter the UAE pharmaceutical medicine market are as follows: STP strategy and Marketing Mix strategy based on the findings of this study, the practical implications of the following. First of all, domestic pharmaceutical industries in Korea due to the domestic market, growth in the various institutional devices have limits on the expansion. On the other hand, supports the Government's active policy of UAE health care industry is booming. UAE Government medical facilities and health care in the health care industry in 2010 to improve the level of 80 billion dollars of investment. The UAE's medical sector is equipped with independent regulatory regime by the Emirates. The UAE is a foreign worker influx has been showing a high population growth rate, over the last 30 years, UAE resident population has increased about 7 times. The UAE Government to improve the quality of medical services, the private sector and the public to encourage the signing of partnership (PPP) can also be found in the regulation of foreign direct investment. The results of this study would play a role in analyzing a marketing strategy to make inroads into UAE pharmaceutical medicine market.

• Journal of Korea Port Economic Association
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• v.32 no.2
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• pp.73-90
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• 2016

In Climate change is a global issue that requires global responses. As a key factor in climate change, greenhouse gas (GHG) emissions have attracted increasing attention the international community. One of the crucial global efforts to alleviate climate change is the establishment of an international climate change regime, comprising rules, norms, principles, procedures that are applicable to a wide range of activities. The International Maritime Organization (IMO) received a mandate from the Kyoto Protocol to regulate shipping GHG emissions. However, the IMO Convention and the UN Convention on the Law of the Sea also provide regulations on regarding GHG emissions. To execute its mandate, the IMO has developed various regulatory initiatives. In addition, the Chinese government has declared new regulations which designate parts of its coastal waters as emission control areas (ECA). Owing to the growing recognition of the benefits of ECA, ships, including ocean-going vessels that operate in areas near the Pearl River Delta, Yangtze River Delta, and the Bohai Sea will be obliged to use fuel containing less than 0.5% sulfur. China's shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This study analyzed the GHG mandates of the IMO and the Chinese government, and then examines the main outcomes that have been achieved.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• Management & Information Systems Review
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• v.35 no.1
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• pp.51-68
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• 2016

In this paper, we aim to analyze the effect of accounting policy change subsequent to the adoption of K-IFRS in Korea, whereby the firms are required to recognize impairment losses on goodwill on a periodic basis rather than to amortize over a specific period. As a principle-based accounting standard, the K-IFRS expands the scope of fair value measurement with a view to enhance the relevance and timeliness of accounting information. In the same vein, intangibles with indefinite useful life, of which goodwill is an example, are subject to regulatory impairment tests at least once a year. Related literature on the impact of mandatory change in goodwill policy document that impairment recognition is more likely to be practiced opportunistically, mainly because managers have a greater discretion to conduct the tests under K-IFRS. However, existing literature examined the frequency and/or magnitude of the goodwill impairment before versus after the K-IFRS adoption, failing to notice the impairment symptoms at individual firm level. Borrowing the definition of impairment symptoms suggested by Ramanna and Watts(2012), this study performs a series of tests to determine whether the goodwill impairment recognition achieves the goal of communicating timelier information under the K-IFRS regime. Using 947 firm-year observations from domestic companies listed in KRX and KOSDAQ markets from 2008 to 2011, we document overall delays in recognizing impairment losses on goodwill after the adoption of K-IFRS relative to prior period, based on logistic and OLS regression analyses. The results are qualitatively similar in robustness tests, which use alternative proxy for goodwill impairment symptom. Afore-mentioned results indicate that managers are likely to take advantage of the increased discretion to recognize the impairment losses on goodwill rather than to provide timelier information on impairment, inconsistent with the goal of regulatory authority, which is in line with the improvement of timeliness and relevance of accounting information in conjunction with the full implementation of K-IFRS. This study contributes to the extant literature on goodwill impairment from a methodological viewpoint. We believe that the method employed in this paper potentially diminishes the bias inherent in researches relying on ex post impairment recognition, by conducting tests based on ex ante impairment symptoms, which allows direct examination of the timeliness changes between before and after K-IFRS adoption.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.153-194
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• 2009

The resources of outer space are for the common exploitation of mankind, and it is a common responsibility of mankind to protect the outer space environment. With the rapid development of space science and technology, and especially with the busy space activities of some major space powers, environmental contamination or space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Especially We must mitigate and seek out a solution to remove space debris which poses a threat directly to man's exploitation and use of outer space activities in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law, in order to safeguard the life and property of mankind and protect the earth's environment. While the issue of space debris has been the subject of scientific study and discussion for some time now, it has yet to be fully addressed within the context of an international legal framework. During the earlier stages of the space age, which began in the late 1950s, the focus of international lawmakers and diplomats was the establishment of basic rules which sought to define the legal nature of outer space and set out the parameters for space activities and the nature and scope of activities carried out in outer space were quite limited. Consequently, environmental issues and the risks that might arise from the generation of space debris did not receive priority attention within the context of the development international space law. In recent years, however, the world has seen dramatic advances in technology and increases in the type and number of space-related activities which are being carried out. In addition, the number of actors in this field has exploded from two highly developed States to a vast array of different States, intergovernmental and nongovernmental organizations, including private industry. Therefore, the number of artificial objects in the near-Earth space is continually increasing. As has been previously mentioned, COPUOS was the entity that created the existing five treaties, and five sets of legal Principles, which form the core of space law, and COPUOS is clearly the most appropriate entity to oversee the creation of this regulatory body for the outer space environmental problem. This idea has been proposed by various States and also at the ILA Conference in Buenos Aires. The ILA Conference in Buenos Aires produced an extensive proposal for such a regulatory regime, dealing with space debris issues in legal terms This article seeks to discuss the status of international law as it relates to outer space environmental problem and space debris and indicate a course of action which might be taken by the international community to develop a legal framework which can adequately cope with the complexity of issues that have recently been recognized. In Section Ⅱ,Ⅲ and IV of this article discuss the current status of international space law, and the extent to which some of the issues raised by earth and space environment are accounted for within the existing United Nations multilateral treaties. Section V and VI discuss the scope and nature of space debris issues as they emerged from the recent multi-year study carried out by the ILA, Scientific and Technical Subcommittee, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space ("COPUOS") as a prelude to the matters that will require the attention of international lawmakers in the future. Finally, analyzes the difficulties inherent in the future regulation and control of space debris and the activities to protect the earth's environment. and indicates a possible course of action which could well provide, at the least, a partial solution to this complex challenge.

• Korean Security Journal
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• no.44
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• pp.7-35
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• 2015

The objective of this article is to inform and document the contemporary development of the private security industry in Queensland Australia, a premier holiday destination that provide entertainment for the larger region. The purpose of this review is to examine the comtemporary development of mandated licensing regimes regulating the industry, and the necessary reform agenda. The overall aim is threefold: first, to chart the main outcomes of the two-wave of reforms since the mid-'90s; second, to examine the effectiveness of changes in modes of regulation; and third, to identify the criteria that can be considered a best practice based on Button(2012) and Prenzler and Sarre's(2014) criteria. The survey of the Queensland regulatory regime has demonstrated that, despite the federal-guided reforms, there remain key areas where further initiatives remain pending, markedly case-by-case utilisation of more proactive strategies such as on-site alcohol/drug testing, psychological evaluations, and checks on close associates; lack of binding training arrangement for technical services providers; and targeted auditing of licensed premises and the vicinity of venues by the Office of Fair Trading, a licensing authority. The study has highlighted the need for more determined responses and active engagements in these priority areas. This study of the development of the licensing regimes in Queensland Australia provides useful insights for other jurisdictions including South Korea on how to better manage licensing system, including the measures required to assure an adequate level of professional competence in the industry. It should be noted that implementing a consistency in delivery mode and assessment in training was the strategic imperative for the Australian authority to intervene in the industry as part of stimulating police-private partnerships. Of particular note, competency elements have conventionally been given a low priority in South Korea, as exemplified through the lack of government-sponsored certificate; this is an area South Korean policymakers must assume an active role in implementing accredited scheme, via consulting transnational templates, including Australian qualifications framework.

• Journal of the Korean Geographical Society
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• v.42 no.5
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• pp.691-709
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• 2007

This paper investigates the social and political construction of geographical scale in conjunction with Korean housing politics. Recently, attention has been drawn to the issue of the social and political construction of geographical scale. Spatial scales have increasingly been regarded as socially constructed and politically contested rather than ontologically pregiven or fixed. The scale literature has paid attention to how different spatial scales can be used or articulated in social movements, with an emphasis on 'up-scaling' and 'scales of activism' rather than 'down-scaling' and 'scales of regulation.' Furthermore, the scale literature has focused on the aspect of empowerment. However, it is worthwhile to examine how scale-especially 'down-scaling' and 'scales of regulation'-can be used not only for marginalizing or excluding unprivileged social groups, but also for controlling the (re)production of space, including housing space. Under a regulatory regime, the Korean central government gained more control over the (re)production of housing space at geographical multi-scales by means of 'jumping scales,' specifically 'down-scaling.' The Korean central government has increasingly obtained the capacity to 'jump scales' by using not only multiscalar strategies for housing developments, but also taking advantage of various scales of institutional networking among the central and local governments, quasi-governmental institutions, and Chaebols, across the state. Traditionally, scale has been regarded as an analytical spatial unit or category. However, scale can be seen as means of inclusion(and exclusion) and legitimation. Choosing institutions to include or exclude cannot be separated from the choices and range of spatial scale, and is closely connected to 'scale spatiality of politics.' Facilitating different forms of 'scales of regulation,' the Korean central government included Chaebols and upper- and middle-income groups for the legitimization of housing projects, but excluded local-scale grassroots organizations and unprivileged social groups as decision-makers.

• Journal of Korean Society of Transportation
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• v.24 no.2 s.88
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• pp.91-100
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• 2006

This paper examines the situation and tasks of UK rail privatization, especially focusing on after the Hatfield rail accident. Earlier research which focused on the UK's Privatization had little knowledge of the explanations for recent changes. Moreover they had difficulty making a direct comparison between national rail and the privatized rail. Therefore we aye left without a good explanation which has a comprehensive perspective. I attempt to show the change in the rail privatization Process and its outcome, focusing on after the Hatfield rail accident. This Paper argues that the UK's vail privatization process has a regulatory framework which is too complicated with overlapping responsibilities that brought about inefficiency, increasing costs and a superficial safety regime. Especially the planning of rail and infrastructure maintenance did not come to play an appropriate role. However after 2000, the government took charge of setting the strategy for railways, and the Office of Rail Regulation covered safety performance and cost. explain that these changes present a good opportunity to solve the problem of passing the buck for poor performance. Through the analysis, I find that the passenger rail network is well-suited to deliver long distance business and commuters and that the subsidy from the government is decreasing. However, performance, for example punctuality and reliability. should be improved. Especially the Hatfield rail accident caused a reduction in the satisfaction of passengers. In future. the problems of rising costs and monopoly franchise system should be addressed.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.67-95
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• 2014

Some Contracting States of the Chicago Convention issue FAOC(Foreign Air Operator Certificate) and conduct various safety assessments for the safety of the foreign operators which operate to their state. These FAOC and safety audits on the foreign operators are being expanded to other parts of the world. While this trend is the strengthening measure of aviation safety resulting in the reduction of aircraft accident. FAOC also burdens the other contracting States to the Chicago Convention due to additional requirements and late permission. EASA(European Aviation Safety Agency) is a body governed by European Basic Regulation. EASA was set up in 2003 and conduct specific regulatory and executive tasks in the field of civil aviation safety and environmental protection. EASA's mission is to promote the highest common standards of safety and environmental protection in civil aviation. The task of the EASA has been expanded from airworthiness to air operations and currently includes the rulemaking and standardization of airworthiness, air crew, air operations, TCO, ATM/ANS safety oversight, aerodromes, etc. According to Implementing Rule, Commission Regulation(EU) No 452/2014, EASA has the mandate to issue safety authorizations to commercial air carriers from outside the EU as from 26 May 2014. Third country operators (TCO) flying to any of the 28 EU Member States and/or to 4 EFTA States (Iceland, Norway, Liechtenstein, Switzerland) must apply to EASA for a so called TCO authorization. EASA will only take over the safety-related part of foreign operator assessment. Operating permits will continue to be issued by the national authorities. A 30-month transition period ensures smooth implementation without interrupting international air operations of foreign air carriers to the EU/EASA. Operators who are currently flying to Europe can continue to do so, but must submit an application for a TCO authorization before 26 November 2014. After the transition period, which lasts until 26 November 2016, a valid TCO authorization will be a mandatory prerequisite, in the absence of which an operating permit cannot be issued by a Member State. The European TCO authorization regime does not differentiate between scheduled and non-scheduled commercial air transport operations in principle. All TCO with commercial air transport need to apply for a TCO authorization. Operators with a potential need of operating to the EU at some time in the near future are advised to apply for a TCO authorization in due course, even when the date of operations is unknown. For all the issue mentioned above, I have studied the function of EASA and EU Regulation including TCO Implementing Rule newly introduced, and suggested some proposals. I hope that this paper is 1) to help preparation of TCO authorization, 2) to help understanding about the international issue, 3) to help the improvement of korean aviation regulations and government organizations, 4) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.