• Economic Analysis
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• v.26 no.3
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• pp.71-133
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• 2020

The Bank of Korea began its operation on June 12, 1950, with the Bank of Korea Act established a month or so earlier. Thus was first introduced to Korea modern central banking in the real sense of the word. The Bloomfield Mission, consisting of A. Bloomfield and J. Jensen of the Federal Reserve Bank of New York, spent about six months drafting a bill, which finally became the Bank of Korea Act. Little has been known yet about the process leading to the creation of the Mission and the historical context surrounding it, except that F. Tamagna of the Federal Reserve Board made in his capacity of the ECA's representative the offer of technical assistance to the Korean government. This paper attempts to dig deeper into relevant historical records and literature to fill these gaps. As it happened, the confrontation between the US and the USSR was accelerating towards the end of 1940s. The paper's new findings include that the Bloomfield Mission was, together with the ECA Mission to Korea, a product of the then US foreign policy (Cold War policy) and that the former Mission's technical assistance was conceived and provided all along as part of the inflation stabilization program pursued by the latter Mission. The Bloomfield Mission was after all a historical necessity. Next, the paper examines the changes added to the bill during its journey to becoming the Bank of Korea Act enacted in May 1950, presenting a review of the Act. The paper further evaluates the Act in terms of legal persistence, finding that the revised Act currently in force still substantially resembles the Act enacted 70 years ago from now. Finally in order is a brief discussion on those factors which seem to have contributed much to such persistence and thus apparent excellence of the Act enacted.

• Journal of Society of Preventive Korean Medicine
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• v.18 no.1
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• pp.23-41
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• 2014

Objective : The purpose of this study was to lay the groundwork for understanding the details and scope of the legal definition of medicinal products, following the changes in the relevant laws and regulations. This will let readers properly understand the origins of the ongoing conflicts on herbal drugs and new drugs from natural products that are present in the medical field and the medical industry. Possible solutions are proposed in the end. Method : I analyzed the changes in definition of medicinal products since 1945 that have been used in relevant laws and regulations(i.e. Pharmaceutical Affairs Act) and drug approval process(i.e. New Drug Application and Investigational New Drug Application). Results : Legal definition of medicinal products has changed in accordance with the changes in the pharmaceutical industry, such as the establishment of dualistic medical and pharmaceutical System and the introduction of the substance patent. Due to those changes, boundaries of Western medicinal products and health food expanded, while those of herbal medicine products relatively downscaled. Conclusion : Legal definition of medicinal products-i.e. Herbal Drugs, Crude Drugs, and New Drugs from Natural Products-should be reestablished according to academic legitimacy and dualistic medical and pharmaceutical System.

• Journal of Preventive Medicine and Public Health
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• v.49 no.1
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• pp.1-17
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• 2016

The Middle East respiratory syndrome coronavirus (MERS-CoV) outbreak in South Korea in 2015 has drawn public attention regarding the legal regulation of infectious disease control in Korea. This paper discusses the interpretive and legislative concerns regarding the Infectious Disease Prevention and Control Act, its ordinance and enforcement regulations, as well as public statements from the relevant administrative agency. Future improvements are also proposed.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.3-42
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• 2018

This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.83-105
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• 2017

In contemporary society interest in and consumption of beauty treatment are increasing, raising interest in health and beauty. However, beauty-related laws are becoming factors of hindrance of beauty development. Currently the Public Health Control Act plays a basic role in the beauty art business in Korea, However the contents are in discord with international laws and its definition is not clear. Therefore it is causing conflicts of different occupations and job associations which are similar to art business. Especially, because neither definitions nor policies on beauty care devices exist in the Public Health Control Act, beauty care devices using in foreign countries cannot be used in Korea due to classification as medical devices. Under this circumstance, therefore, beauty care device uses by beauty artists violate the law. The government has tried to solve these irrational regulations. Recently, the Small and Medium Business Administration announced 'the improvement plan of small business and young founders site regulation for public economy recovery' in a ministerial meeting on December 28, 2016. Regulations on policy preparation for skincare devices were inclusive in this announcement. It is the question whether the regulations will be executed or not. Even though beauty industrial competitiveness was presented in the 18th Presidential Council on National Competitiveness in 2009, it was not practiced. The proposal bills for beauty law improvement have been put forth several times since 2000 including an improvement plan for regulating beauty care devices. However, so far there have been no improvements. The damage on the regulation classifying beauty devices as medical devices is not only restricted to skincare. This develops beauty devices and the beauty industry which imports and exports beauty devices. When beauty devices are exported, complicated procedures are unavoidable and when beauty devices are imported, irrational problems like reregistration procedures and costs occur. The reason why an improvement plan has not gone into practice is the resistance of the dermatologists' association. Dermatologists tend to stand positively against harming public health by saying that beauty devices used by beauty artists cause people to suffer side effects. In contrast, anyone who has a licence to use beauty devices is able to use them in foreign countries. It is not only infringement of one's right as a beauty artist but also people's right to receive beauty care services. With this reason, Korean's current law under which beauty devices are ruled as medical devices should be revised with accordance to domestic surroundings. Therefore in order to advance and globalize the beauty industry, the support and cooperation of the Korean government and relevant associations is needed to legislate and revise the beauty devices laws. The relevant associations abandon regional self-centeredness and cooperate to define ranges, size and management of beauty devices for safe use. If no collaboration exists, an arbitration agency should be established to solve the problem.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.4
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• pp.994-1005
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• 2016

Expansion and spreading of marine telemedicine is rather restricted due to the conflict of laws relating to medical service and lack of provisions in the Seafarers' Act, Medical Service Act, etc. Thus, this study is intended to reveal the current status and problems of marine emergency medical advice system for the furtherance of health care of seafarers and emergency medical assistance conditions and deduce relevant proposals for legislative improvements thereof in order to resolve underlying problems and issues. The results of this study can be summated as follows. First, in respect of directions to provide marine emergency service based on marine telemedicine system, emergency radio medical advice system needs to be strengthened to meet domestic and international instrument, marine telemedicine system needs to be provided through integrating u-Health technology and special marine medical center needs to be established. Second, regarding directions to provide health promotion service based on the marine telemedicine system, a new process of health care service for seafarers needs to be devised and provided involving seafarers' life cycle covering from prior to boarding to after leaving a ship. The conclusions of this study can be given as follows. First, the following new provisions need to be introduced in the Seafarers' Act. (1) The Minister of Oceans and Fisheries and a shipowner shall conduct matters pertaining to preventive health promotion and care for seafarers; (2) a provisions regarding establishment of seafarers' health promotion center by the Minister; (3) a special exemption permitting marine telemedicine service and qualification requirements for marine telemedicine assistant; (4) shipowner's obligation of carrying seafarers' health measuring equipment on board. Second, the relevant provisions regarding medical care persons needs to be revised in such a way that master or chief officer shall be appointed to be in charge of medical care on board. Last but not least, it is also essential to amend and update the minimum standards on drug and medicines to be carried on board and medicine chest and equipment on board.

• Korean Security Journal
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• no.57
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• pp.253-275
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• 2018

Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

• Korean Journal of Agricultural Science
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• v.46 no.4
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• pp.755-768
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• 2019

The forestry development policies and projects in Korea have been implemented under various related acts. These acts include the Framework Act on the National Land and Framework Act on Forestry enacted by each administration. However, there are some limitations to encourage a variety of mountain villages and forestry development policies due to duplication and overlap between the relevant acts. Nowadays, the fields of local development have evolved and become integrated not only by infrastructures but also in various fields such as multi-functional industries including tourism, green care, cultural welfare, etc. Therefore, the current legal system may not effectively accept and support various mountain village development policies and projects. This study tried to determine the necessity of reorganizing th-e related legal system through a field survey of planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to determine the problems of the current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows: 1) correlation analysis between relevant laws and development projects and 2) field survey to determine the legitimacy and validity for the reorganization of the legal system.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.30 no.2
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• pp.99-108
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• 2020

Objectives: This study aimed to compare the regulatory systems for laboratory safety and health management between Korea and Germany and discuss the implications. Methods: Laboratory safety and health regulations for legal enforcement and relevant technical guidelines in Korea and Germany were reviewed. Results: Lab safety and health management is enforced by the Act on the Establishment of Safe Laboratory Environment in Korea. Most provisions focus on supervisory control, that is, the principal's liability is emphasized. In addition, there is a lack of laboratory-specific procedures for safety and health management in the act since it is stipulated that other relevant regulations apply to some technical contents. Non-compulsory technical guidelines for lab safety and health management are also provided by the Korea Occupational Safety and Health Agency (KOSHA) in order to enable researchers to follow safe procedures. There is no independent regulation for lab safety and health in Germany, and it is also governed by several regulations. The German Social Accident Insurance Institute provides technical guidelines on lab safety and health, and these contain more specific content to allow them to be followed more easily compared to the KOSHA guidelines. The most remarkable differences between the regulation of each country were contents of the risk assessment and specific protect measures from hazardous agents. Conclusions: Regulatory control is an essential way to prevent accidents, but it is more important to create an environment in which all stakeholders, including individual lab members, are allowed to participate actively in safety and health management activities.

• Journal of the Korean Data and Information Science Society
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• v.25 no.6
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• pp.1273-1281
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• 2014

As a variety of industrial technology advances with various materials developed, cosmetics industry in general is witnessing many kinds of new cosmetic products. At the same time, Cosmetics Act becomes effective, and cosmetics ingredient labeling is implemented. Concerns with life pattern such as life management, biorhythm, right posture, and stress symptoms are on the increase in order to seek high-quality life as well. These life patterns are closely connected not only with life quality and health but with skin management, and thus this paper conducts a survey on the connection between functional cosmetics awareness and life pattern. Results show that out of 16 questions concerning cosmetics awareness, responses to question number 3, 5, 6 and 11 have relevant differences among colleges. Furthermore, the results of cross analysis with life pattern show that there are relevant differences between the year of responses and stress symptoms and between the year of responses and right posture. Lastly, it is shown that answers to questions regarding gender and biorhythm, gender and right posture, and gender and stress symptoms are relevantly different. Further research is needed to reveal the differences between college students and ordinary people at large.