• International Commerce and Information Review
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• v.19 no.2
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• pp.145-166
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• 2017

The FTA conventional tariffs shall be applied that the imported goods are subject to the conventional tariffs under any agreement, and the origin of the good is the contracting state in accordance with the criteria for determination origin under any agreement. An importer who intends to be eligible for the application of a conventional tariff shall file a request for the application of a conventional tariff with the head of the competent customs house before the relevant import declaration is accepted. The purpose of this study is to examine the legal standard and verification cases for the judgement of the tax tribunal of FTA conventional tariffs. Through this study, this paper is to provide several implications for companies seeking the benefits of FTA conventional tariffs. The Korean companies to do the following: confirm the effective requirements for direct transport of goods through non-parties under the Korea EU FTA, confirm the criterion for application of conventional tariffs such as certificate of origin and claims for ex post facto conventional tariffs under the Korea US FTA, confirm the issuer of origin declaration and the recognition of origin declaration of bill of lading under the Korea EU FTA, utilize the tax appeal system by denial of FTA conventional tariffs, and prepare the discrepancies in interpretation of legal standard under FTA and FTA Special Customs Act.

• Journal of the Korea Society of Computer and Information
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• v.24 no.12
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• pp.157-166
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• 2019

Globally, various disasters such as typhoons, floods, earthquakes, fires, explosions have caused work to be halted. If there is a large-scale disaster at public institutions in charge of major national affairs and their works are interrupted, not only will there be property damage, but there will also lead to a decline in national credibility and direct and indirect impacts on the people. Therefore, it is necessary to ensure continuity of operation by minimizing the interruption period of critical operations due to disasters. Overseas advanced countries such as the United States and Japan developed guidelines for Continuity of Operation (COOP) to prevent unexpected work disruptions caused by disasters. Recognizing the necessity of COOP in South Korea, a relevant law has been newly established in 「the Framework Act on the Management of Disasters and Safety」 to enable public institutions to establish the COOP in response to this situation. In this study, the definition, the necessity and overseas cases of COOP were investigated and described. Using the templates developed by these results, operational impact analysis, risk assessment, operational continuity strategies and operational continuity procedures were applied to "A" City Hall in Gyeonggi-do province and those results were described. The objective of this study is to substantially contribute to the introduction of COOP to local governments through their pilot application and implications of COOP.

• Journal of Distribution Science
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• v.11 no.4
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• pp.89-97
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• 2013

Purpose - The purpose of this study is to systematically review the background of the Korean distribution promotion policy and distribution adjustment policies along with related regulations and policies. Research design, data, and methodology - Domestic distribution policy and relevant laws were examined through a review of existing research literature. The results of the development process of the domestic distribution policy, promotion policies, and adjustment policies are summarized below. Results - The results are summarized as follows. First, the purpose of the development of the domestic distribution promotion policy was to strengthen the competitiveness of the small and medium business industry through structural advancement of the small and medium industry. By expanding the managerial base for the small and medium industry, a new balance could be created in the national economy. There was a requirement for an early assistance policy for small and medium businesses as a base of these businesses in the distribution industry developed from their original model of catering to a traditional market of retail shops. Since 1996, there was a need for this early assistance policy due to the expansion and rapid growth of large scale stores causing a change in the consumption pattern for distribution markets and the decline of large enterprises. Second, the government supports small and medium business distribution through distribution promotion policies by supporting an organization promoting small business and supporting innovation in the distribution system. Third, in 1961 a business mediation system was established to protect small and medium industries. The Small and Medium Business Administration advises conglomerates to postpone acquisitions, restrain expansion of the business, or to reduce business scale if small businesses undergo an adverse effect such as decreasing demand because large companies are expanding into their areas. Fourth, the Distribution Adjustment Policy managed large-scale store regulation as follows: ① limitation on construction by urban planning ordinance, ② limitation on location based on traffic impact assessments, ③ regulation based on business guidelines by chiefs of autonomous bodies, ④ regulation on mandatory holidays and limitation of business hours. This large-scale store regulation is a policy introduced by authority to increase competitiveness of small and medium business distribution by the government. Conclusions - As discussed in this study, the distribution promotion policy and distribution adjustment policy are government distribution policies focused on the protection of the small and medium distribution businesses. This study is timely, since it was planned when the strengthening of the revisions of the Distribution Industry Development Act, aimed to protect small and medium retailers and merchants, was under discussion. The significance of this study is that it offers insights for the development of new policies in the future and an opportunity to consider the background of the distribution policy by the government.

• Journal of Korean Society of Rural Planning
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• v.19 no.4
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• pp.81-93
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• 2013

The selection of land for fishing village development project, and the standard used to classify fishing villages has been determined based on the guidelines developed by fishing village cooperatives. The approach fishing village cooperatives follows is likely to classify fishing villages without first reflecting on the overall development environment of the region, such as other industries and workers in the area. It also acts as a barrier for business promotion or evaluation, because the cooperatives do not match the administrative districts, which are the units of administration, and the main policy enforcement agent in regional development. Against this background, this study aimed to identify categories to situate the development direction, as well as the size and distribution of fishing villages based on eup, myeon, and dong administrative units as defined by the Fishing Villages and Fishery Harbors Act. This study was based on the Census of Agriculture, Forestry, and Fisheries of 2010, and analyzed 826 eups, myeon, and dongs with fishery households using the principal component analysis, and 2-Step cluster analysis methods. Therefore, 95% of the variance was explained using the covariance matrix for types of fishing villages, but it was analyzed as one component focusing on the number and ratio of fishery households, and used the cluster-type analysis, which focused on the sizes of fishing villages. The clusters were categorized into three types: (1) the development type based on the number of fishermen in the eups, myeons and dongs was analyzed as village size (682); (2) administrative district size (121); and (3) total eups, myeons and dongs (23), which revealed that the size of most fishing villages was small. We could explain 73% of the variance using the correlation coefficient matrix, which was divided into three types according to the three principal component scores, namely fishery household power, fishery industry power, and fishing village tourism power. Most fishing villages did not have a clear development direction because all business areas within the region were diversified, and 552 regions could be categorized under the harmonious development type, which is in need of balanced development. The fishery industry type typified by industrial strength included 159 regions in need of an approach based on industrialization of fishery product processing. Specialized production areas, which specialized in producing fishery products, were 115 regions with a high percentage of fishermen. The analysis results indicated that various situations in terms of size and development of fishing villages existed. However, because several regions exist in the form of small village units, it was necessary to approach the project in a manner that directed the diversification of regional development projects, such as places for local residents to relax or enjoy tourism experiences within the region, while considering the overall conditions of the relevant eups, myeons, and dongs. Reinforcement of individual support for fishermen based on the Fisheries Act must take precedence over providing support for fishermen through regional development. In addition, it is necessary to approach the development of fishing villages by focusing on industrializing the processing techniques of fishery products. Areas specialized in the production of fishery products are required to consider the facilities for fisheries production, and must make efforts to increase fishery resources, such as releasing fry.

• Journal of Hospice and Palliative Care
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• v.20 no.1
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• pp.8-17
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• 2017

Globally, efforts are being made to develop and strengthen a palliative care policy to support a comprehensive healthcare system. Korea has implemented a hospice and palliative care (HPC) policy as part of a cancer policy under the 10 year plan to conquer cancer and a comprehensive measure for national cancer management. A legal ground for the HPC policy was laid by the Cancer Control Act passed in 2003. Currently in the process is legislation of a law on the decision for life-sustaining treatment for HPC and terminally-ill patients. The relevant law has expanded the policy-affected disease group from terminal cancer to cancer, human immunodeficiency virus/acquired immune deficiency syndrome, chronic obstructive pulmonary disease and chronic liver disease/liver cirrhosis. Since 2015, the National Health Insurance (NHI) scheme reimburses for HPC with a combination of the daily fixed sum and the fee for service systems. By the provision type, the HPC is classified into hospitalization, consultation, and home-based treatment. Also in place is the system that designates, evaluates and supports facilities specializing in HPC, and such facilities are funded by the NHI fund and government subsidy. Also needed along with the legal system are consensus reached by people affected by the policy and more realistic fee levels for HPC. The public and private domains should also cooperate to set HPC standards, train professional caregivers, control quality and establish an evaluation system. A stable funding system should be prepared by utilizing the long-term care insurance fund and hospice care fund.

• Journal of agricultural medicine and community health
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• v.36 no.2
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• pp.130-142
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• 2011

Objectives: This study was conducted to develop a participatory learning process and apply it to community empowerment for health promotion. Methods: The participatory learning sessions were composed of three stages according to the modified Freirean model of empowerment education. Stage 1 of generating themes (listening stage) was replaced with a community health forum. Stage 2 of problem-posing was executed via a two-session small group brainstorming discussion for selecting priority community health problems and strategies to solve them. Stage 3 of act-reflect-act, the implementation of the chosen strategies, is ongoing. We tested the feasibility of the participatory learning processes in the pilot programs for health education. Then, 14 Myeon (or Dong) Health Committee members used them in Health Plus Happiness Plus projects for community empowerment to achieve health equity in Gyeongsangnam-Do, Korea. Results: In the pilot program for feasibility, more than 80% of the 95 participants gave positive responses to evaluation questionnaires after three or four participatory learning sessions. Health Committee members successfully selected various strategies relevant to their communities with facilitation, but without any teaching from outside professionals. Conclusions: We successfully applied the participatory learning process to health promotion. However, more studies are warranted to evaluate its long-term applicability.

• Journal of Korean Society of Archives and Records Management
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• v.19 no.4
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• pp.87-114
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• 2019

With the increase of the establishment of temporary institutions in accordance with social issues, the importance of managing records that reflect the characteristics of temporary institutions is highlighted. However, because of the ambiguity of laws related to records management, the limited number of employees, and the lack of awareness of records management by temporary institutions, the records management has not been carried out properly. Therefore, this study seeks to identify the gaps between statutes and practices and derive improvement measures for them. As such, the concept and characteristics of temporary institutions were identified through requests for disclosure of information. Moreover, the status of the administrative committee and the records management status of various temporary organizations were determined as well. Finally, improvement measures were drawn and proposed in terms of law, system, and record management by selecting relevant institutions in accordance with the Act and conducting in-depth interviews. This study is significant as it monitored the entire process of managing the records of existing time organizations and will serve as the basis for efficiently managing the future ones.

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.6
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• pp.737-743
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• 2021

In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.187-220
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• 2020

Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.6 no.4
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• pp.357-368
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• 2008

On July 31, 2008, the Government issued the construction and operation permit for the first low and intermediate level radioactive waste disposal facility in the Republic of Korea. In this paper, the fundamental regulatory framework, regulatory requirements and technical standards of the disposal facility are introduced, and the phased review process adopted for evaluation of the safety of the facility is briefly described. The Atomic Energy Act sets forth a stepwise regulatory framework for the whole life-cycle of the disposal facility such as siting, design, construction, operation, closure and institutional control. More detailed regulatory requirements and technical standards are stipulated in the subsequent regulations of the Atomic Energy Act and a series of Notices issued by the Ministry of Eduction, Science and Technology. The Korea Institute of Nuclear Safety, as entrusted by the Ministry under the Atomic Energy Act, conducted safety review on the disposal facility, and evaluated the compliance with relevant criteria in all technical elements(i.e. siting and structural safety, radiological environmental impact, operational safety, systems and components, quality assurance, and total systematic performance assessment, etc.). The overall safety review process can be phased into inception phase, initial review phase, main review phase and completion phase. The review results were reported to and deliberated by the five Sub-committees of the Special Committee on Nuclear Safety, and then reported to the Ministry. The Ministry issued the construction and operation permit of the disposal facility through the deliberation of the review results by the Nuclear Safety Commission. Hereafter, the safety of the repository will be reassured by a series of subsequent regulatory inspections and reviews under the Atomic Energy Act. In addition, the licensee's continuous implementation of the "Safety Promotion Plan" may also enhance the long-term safety of the repository and contribute to build-up the confidence of the safety case.