• Journal of Environmental Policy
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• v.3 no.1
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• pp.1-29
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• 2004

The role of the financial institution to promote corporate sustainability may be reviewed in two angles, as a commercial lender and an investor. As a commercial lender, financial institutions should minimize the legal risks and the political risks. Financial institutions began to recognize environmental risks as legal risks that directly affect their lending practices since the legislation of the Comprehensive Environmental Response, Compensation, and Liability Act("Superfund") of the U.S.A. The so-called lender liability rule has a detailed guideline where the financial institutions may be exempted from the Superfund Liability. Similar attempts are noticed in the recent EU White Paper on Environmental Liability. In Korea, comprehensive environmental liability laws are yet to be developed. The Soil Environment Preservation Act now includes a far-reaching environmental liability provisions, where the owners and operators as well as receivers of the facility bear responsibility. However, whether the financial institutions may be captured as a potential responsible party is not very clear. Until the relevant legislation is developed and court decisions accumulate, Korean financial institutions are well advised to raise awareness on this issue, to develop environmental policies and to train personnels.

• Journal of Korean Society for Atmospheric Environment
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• v.34 no.1
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• pp.144-155
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• 2018

As the public interest in environmental issues increased, the "Act On The Integrated Control Of Pollutant-Discharging Facility" was enacted. Through the integrated environmental pollution prevention act in which 19 industries with large environmental impacts are sequentially applied, pollutants can be managed in a medium-integrated manner and integrated permission of the business unit is possible and BAT can be applied to enable a scientific and proactive environmental management system. In addition, if the facility with BAT works normally, the pollutant emission is offered with the range of lower limit to upper limit. This study analyzed the overview of Best Available Techniques-Associated Emission Levels (BAT-AEL), and its setting procedure and method, and then suggested the BAT-AEL of a waste incineration facility. In comparative analysis on Emission Limit Values (ELVs) of EU, this study tries to propose improvement matters and development directions if the relevant standard is revised.

• Journal of the Korea Safety Management & Science
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• v.15 no.2
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• pp.9-20
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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.

• Journal of Korean Society for Quality Management
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• v.46 no.4
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• pp.911-922
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• 2018

Purpose: This study provides an overview of the Product Liability Act which was revised in 2017 and took effect in 2018. It analyzes the effects of the revised Act on corporate management from internal and external perspectives to present coping strategies so that companies can synthetically respond to such effects. Methods: In order to achieve the purpose of this study, experts like companies, academia, governmental institutions, and consultants were invited, and Delphi techniques were applied to derive means, standard deviations, and Content Validity Ratio. Results: In this study, based on two expert questionnaire surveys, strengths and weaknesses of the internal environment of companies and opportunities and threats of the external environment were derived, followed by provision of S/O, W/O, S/T, and W/T strategies. Conclusion: To fundamentally remove the causes of accidents on their products, the relevant companies should strengthen the activities to increase product safety. They shall cooperate with suppliers to arrange the measures to speedily secure safety of consumers.

• International Journal of Internet, Broadcasting and Communication
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• v.15 no.2
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• pp.49-59
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• 2023

In accordance with the revision of "Special act on the safety control of publicly used establishments", this study is aim to measure the change in evacuation time due to whether safety facilities, etc. are installed of a room escape cafe business and kids cafe business(hereinafter referred to as "New publicly used establishments"), which were added as new targets of the publicly used business from June 8, 2022. In the case of new publicly used establishments or publicly used establishments whose owners are changed after the revision of the relevant laws, safety facilities, etc. are installed and maintained under the "Special act on the safety control of publicly used establishments", but in the case of existing businesses that have been operating even before the revision of the law, the business continues without safety facilities, etc. installed because the revised law is not retroactively applied. The purpose of this study is to compare and analyze the change in evacuation time by measuring the evacuation time to operating before the revision of the law to simulate evacuation at existing new publicly used establishments without safety facilities, etc. and measure the evacuation time at new publicly used establishments with safety facilities after the revision of the law

• Korea Trade Review
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• v.43 no.6
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• pp.139-160
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• 2018

The purpose of this paper is to analyze how governments determine interim measures based on relevant case studies. In most countries, the arbitral tribunal will recognize the interim measures, but china still recognizes the court's own authority. This is inconsistent with international trend. Although the Arbitration Act and the Civil Procedure Act were amended in 2017, but there is no consistency between these laws and arbitration rules for interim measures. Therefore, this paper analyzes the attitude of the Chinese government to interim measures and suggests practical implications for international arbitration dispute resolutions. Understanding the advantages and disadvantages of temporary measures and timely use in China can play an important role in protecting the rights of Korean companies in commercial arbitration.

• Journal of the Korean Society for information Management
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• v.41 no.2
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• pp.131-154
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• 2024

This study aims to check the effectiveness of 'diligent search' stipulated in Article 35-4 of the Copyright Act of Korea. 'Diligent search' is to identify the copyright holder and his or her contact information. But the process provided by the law includes many cases in which it is practically impossible to identify the relevant details, and includes unnecessary requirements. So it appears that improvement is needed. Based on this, it was proposed to improve the text of the Copyright Act (Article 35-4) and to abolish unnecessary provisions (Article 16-3 no.5~8) of the Enforcement Decree.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• Journal of the Korean Professional Engineers Association
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• v.44 no.6
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• pp.40-44
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• 2011

Nuclear energy in Korea began in 1958, when the Korea's atomic energy act was formulated and the relevant organizations were founded. Since then, notwithstanding the two catastrophe like TMI and Chernobyl accident, Korea made a wise decision to expand the peaceful uses of the nuclear energy as well as to localize the essential nuclear design technology of fuel and nuclear steam supply system. This decision resulted in the success of export of nuclear power plants as well as research reactor in 2010s. The Korea's nuclear policy, which well utilized 'international crisis in nuclear business' as 'opportunity of Korea to get. nuclear technology', is believed nice policy as a role model of nuclear new-comer countries. Based upon the success story of localization of nuclear technology, Korea had an eye for a niche market, which was a basis of development of SMART, Korea-made integral PWR. The operation of a SMART plant can sufficiently provide not only electricity but also fresh water for 100,000 residents. Last two years, Korea's nuclear industry team led by the Korea Atomic Energy Research Institute completed the standard design of SMART and applied to the Korea's regulatory body for standard design approval. Now the Korea's licensing authority is reviewing the design with the relevant documents, and the design team is doing its best to realize its hope to get the approval by the end of this year. From next year, the SMART business including construction and export will be explored by the KEPCO consortium.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.