• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.4
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• pp.376-384
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• 2017

Ship's Bunkering Business is one of the essential businesses creating added values of the port as a hub for a stream of the international logistics. Regulatory considerations of ship's bunkering business should be made to create a more relevant system and stabilize the bunkering industry so that the ports may produce more substantial added values. This paper suggests revisions the Harbor Transport Business Act, the Marine Transport Act, putting forward an idea of unifying safety management systems, establishing a guideline for bunker quality managements, and changing the laws regarding any wrongdoings of bunker suppliers. In conclusion, in order to increase the managerial integrity of the bunkering operators, reasonable burdens should be distributed across the government, refinery companies and ship-owners to achieve a more balanced state and enable long-term development to advance the business at issue, following a step-by-step approach to amend the contract practice, the laws and the systems.

• Journal of the Korean Society for information Management
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• v.37 no.3
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• pp.107-131
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• 2020

This study is to examine the possibility of applying the Article 35-4 of the Copyright Act and the relevant regulations of the enforcement decree of the same law to the construction and service of digital library. The background and necessity of the revision were understood by examining the related regulations and discussions in previous studies, including Articles 31 and 50 of the Copyright Act. Then, the detailed contents of the provision were analyzed by referring to the laws, enforcement decrees, and ordinance of the Ministry of Culture, Sports and Tourism. In addition, through comparison with Articles 31 and 50 of the Copyright Act, the characteristics, significance, limitations, and problems of this provisions were analyzed. Based on this, we proposed four ways to increase the effectiveness of this provision.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.65-93
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• 2020

With the development of information and communication technology, the unmanned aerial vehicle industry began to attract attention as a new growth industry as it entered the fourth industrial revolution. As the size of the unmanned aerial vehicles and the scope of airspace vary from small drones to large unmanned aerial vehicles, the developed countries such as USA and Europe are developing plans for the integrated operation of manned and unmanned aerial vehicles. ICAO is also working on amendments to the relevant ICAO annexes to establish international standards and recommendations for unmanned aerial vehicles. Korea also needs to prepare for the integrated operation of manned and unmanned aerial vehicles that will come in the future, and for this purpose, it is necessary to review and revise the national regulation systems for the safe operation of unmanned aerial vehicles. This study analyzes the amendments of related annexes discussed on the Remotely Piloted Aircraft System (RPAS) pannel, and suggests the direction of revision of the Aviation Safety Act for the safe operation of unmanned aerial vehicles in comparison with the existing Aviation Safety Act.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.4
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• pp.925-935
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• 2016

It is provided that seafarers qualified in accordance with STCW(International Convention on Standards of Training Certification and Watch-keeping for Seafarers) convention and code in safety training shall be required, every five years, to provide evidence of having maintained the required standard of competence, to undertake the tasks, duties and responsibilities listed in Chapter VI, section A-VI/1 of the STCW Code A. Every party to the STCW Convention has amended the relevant national regulations according to the above international convention and code. These amended Seaman's Act require the updating safety training which is only five years valid for existing seafarers serving onboard ship on international voyage. And above specified existing seafarers must, as of the 1st January 2017, have documentary evidence of either having completed the training course or updated their training within the last 5 years. In relation to the above international trend, the Korean Ministry of Oceans and Fisheries also has completed an amendment to its Seaman's Act. But, the Korean Seaman's Act has a supplementary provision to exempt the seafarers who have completed STCW advanced safety training from basic safety training. The purpose of this study is to define the problems of above mentioned exemption provisions and to make better policies for improvement. In order to complete the purpose, the research team has conducted an in-depth survey of various foreign cases on STCW safety training. Moreover, the team has suggested an improvement scheme in consonance with Korean shipping industry and society through out this report.

• Journal of the Korea Institute of Construction Safety
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• v.5 no.1
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• pp.17-24
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• 2023

The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• Korean Security Journal
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• no.51
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• pp.81-100
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• 2017

Recently, Crime patterns in our society are diversifying as followed on the urbanization of population and the influx of immgrants. Existing murder, kidnap, sexual assault, etc. Especially, the crimes such as school violence, dating violence, domestic violence, violent abuse and even social hatred a crime, motiveless crime are spreading into every phase of national life. Due to the social situation, the sharp increase in demand for personal protection, the scale of private security industry has been constantly expanded. Following this trend, the personal protective regulations in Security Industry Act has been revised several times since the it was enacted in 1995. However, despite the fact that the legal and institutional aspects should have been amended and improved systematically according to the industrial development, the regulations adopted initially adopted has been maintained so far, which have resulted in various problems as they could not coincide with the purpose of private security, being divorced from the reality of private security industry and social changes. Especially, in the case of personal protection service and facility security service, the legal requirements of both services are identical with each other in terms. Such legal systems may cause confusion to security businesses and employees, or the police managing and supervising them, regarding the scope and duties of security services. In order to improve such problems, the regulations of permission requirement that the personal protective regulations in Security Industry Act should be revised system. In this study, relevant personal protection provisions prescribed in the Security Industry Act have been reviewed critically in this paper. And also the regulations were review of those personal protection provisions enacted in security industry Act, so that the improvement plan for the personal protection provisions that are apposite to the cases in this country could be suggested in order to amend the current laws and provide real grounds for the law enforcement.

• Journal of Legislation Research
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• no.54
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• pp.217-259
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• 2018

The Trust Act, which was first enacted back in 1961, was fully revised on 25. July 2011 and enacted on 26. July 2012. The Act is a fundamental norm governing trust relation, so the revision was expected to play an important role to promote trust institutions. However many problems were also revealed after the enactment. The Act has already inherent limitations because the previous discussions were not enough and the amendment process was not meticulously reviewed. Now it is needed to consider the comprehensive amendment of the Act reflecting detailed legal doctrines developed hitherto by the courts and the legal academia. This paper aims to call for the revision of the Act and to propose the ways and the grounds for revision. The purpose of the revision is to rectify obvious errors on several provisions, to minimize legal uncertainty by presenting detailed rules on many issues, to enhance the coherence and consistency between the rules along with supplementing the relevant laws, and to strike a proper balance between the parties.

• Journal of the Korea Safety Management & Science
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• v.15 no.4
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• pp.197-207
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• 2013

OSHA(Occupational Safety and Health Act) generally regulates employer's business principles in the workplace to maintain safety environment. This act has the fundamental purpose to protect employee's safety and health in the workplace by reducing industrial accidents. Authors tried to investigate the correlation between 'occupational injuries and illnesses' and level of regulation compliance using Survey on Current Status of Occupational Safety & Health data by the various statistical methods, such as generalized regression analysis, logistic regression analysis and poison regression analysis in order to compare the results of those methods. The results have shown that the significant affecting compliance factors were different among those statistical methods. This means that specific interpretation should be considered based on each statistical method. In the future, relevant statistical technique will be developed considering the distribution type of occupational injuries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.21-47
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• 2017

Interim measures by an arbitral tribunal aim to protect the parties' rights before or during arbitral proceedings for avoiding frustration of the final award in international commercial disputes. Even though decisions of the interim measure are expected to be performed by parties directly during the arbitral processing, it is not easy to be provided by the arbitral tribunals cause of lack the power to enforce their decisions directly against the parties. Particular court supports mechanism for enforcement directly to assistance to arbitral tribunal's decisions. Decisions on interim measures are provisional. Even though the arbitration is ongoing to request interim measure directly to the arbitral tribunal, relevant courts are able to ensure effective relief cause by the difficulty of limited rights of the arbitral tribunal. In this time both revised Korean Arbitration Act in 2016 and UNCITRAL 2006 revised Model Law are complemented to attach articles for recognition and enforcement of interim measures by arbitral tribunal during the arbitration processing. It could be possible to enforcement of decisions of interim measures by arbitral tribunal on the revised arbitration law. In this paper it is considered the problems and alternatives on related applicable articles and articles of recognition and enforcement for the interim measures by arbitral tribunal under the revised UNCITRAL Model law and Korean Arbitration Act.