• Title, Summary, Keyword: Administrative & legal supporting

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The Legal Base and Validity of Reviewing Medical Expenses in the Health Insurance (건강보험 진료비심사의 법적 근거와 효력)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.137-177
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    • 2007
  • The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

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Activation of Maeul Community Media - Analysis of Gwangju Metropolitan Community Media (마을공동체미디어 활성화 방안 - 광주광역시 마을미디어를 중심으로)

  • Kang, Chul-Soo;Kim, Dug-Mo
    • Journal of Digital Convergence
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    • v.17 no.7
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    • pp.89-98
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    • 2019
  • It requires administrative supporting & Policies Aids on Maeul Community Media that confronted with reconstruction of community & interaction of residence. There are increased of community media research. This study examines the meanings of participants, the role of participants & volunteer, characteristic of community media, enlargement of residence, problems and activation of community media also conducted in-depth interviews of participants. According to the results of the analysis, the first it will be enforced administrative supporting & policies aids on Maeul Community Media. Secondly, suggests supporting of a municipal ordinance of Council. Thirdly, facilitate the education of program contents and management of community media. Finally, Supports of production costs.

The Activation of Residents Participation for the Local Landscape Improvement - With Special Emphasis on the Landscape Legal System and Case Study in Japan - (지역경관 개선을 위한 주민참여 활성화 방안 연구- 일본의 법제도 및 사례 고찰을 중심으로 -)

  • Lim, Jung-Min;Yun, Jun-Do
    • KIEAE Journal
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    • v.11 no.5
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    • pp.43-53
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    • 2011
  • The Landscape Act was enacted in 2007 introducing a new procedure of the Local Landscape Agreement and the Local Landscape Improvement Projects. The act has granted local governments a legal basis to support residents participation activities in order to create, improve, and maintain the townscape quality of their neighborhood environments. The degree of utilization of this particular process, however, is far below the expectation. Partly, it is due to the lack of field experience and concrete guidelines for preparation and implementation in actual landscape planning process. This study aims to seek for detailed solution to lead the residents participation for local landscape improvement in Korea through consideration for institutional strategies and cases about the local landscape planning and management in Japan. Local landscape improvement projects in Japan are progressing successfully in concurrence with a variety of local participants such as residents participation, administrative supporting and supporting of local company. And it will be possible to support systematically with systematization of participants, such as NPO and a council.

A Study on the Liability of Supporting Evidence of a Certificate of Origin in FTA (FTA에서 원산지 증빙서류 증명 책임에 관한 일고)

  • LIM, Mok-Sam;LIM, Sung-Chul
    • The Korean Research Institute of International Commerce and Law
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    • v.77
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    • pp.239-258
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    • 2018
  • The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

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A Study on the Relief Service Promotion Plan for Natural Disaster Victims (자연재해 이재민의 구호서비스 증진방안에 관한 연구)

  • Seo, Jung Pyo;Cho, Wonchul
    • Journal of Korean Society of Disaster and Security
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    • v.6 no.2
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    • pp.15-22
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    • 2013
  • Recently, 'Government 3.0' has become the topic since the inauguration of the new government. According to Government 3.0 Promotion Master Plan, this means providing bilateral customized administrative service based on the values of opening-up, sharing, and cooperation for the individuals of the people. Currently, if disaster victims, who have private property damaged by natural disasters such as typhoon and torrential rain, want to receive disaster relief service supports such as financial support, tax cut, reduction in electric and communication charges, they have to visit each of applicable organizations and apply for the relief service supports. The application forms and procedures are so diverse and complex that disaster victims undergo many discomforts. So this thesis established the solution of residents' discomforts and the providing of practical benefits through disaster victims' one stop application for service as the research objective. Accordingly, the solution plan was concretely presented through preparing the relief service promotion strategies comprising the establishment of administrative service supporting system and the preparation of legal and institutional device, the establishment of computing system for one stop service and the reinforcement of general publicity for successful promotion of cooperation projects.

A Study on the Efficiency of Execution of the Private Subsidy for Environmentally Friendly Aquaculture (친환경양식어업육성 민간보조사업비 집행효율 증대 방안)

  • Kim, Kuk-Ju
    • The Journal of Fisheries Business Administration
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    • v.51 no.1
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    • pp.53-66
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    • 2020
  • The Ministry of Maritime Affairs and Fisheries is supporting the "Environmentally Friendly Fisheries Promotion and Private Assistance Project" to increase production of eco-friendly, high-value-added foods. Private-backed operators selected for the project will have an economic opportunity to build, expand or refurbish eco-friendly fishing grounds. To facilitate this, the scope of project support was expanded after 2015 and an opportunity was prepared for private subsidy projects to grow to a new level in terms of quality and quantity by switching to a public offering project. However, starting in 2017, demand from the private sector will plunge and selected projects will be delayed or the project implementation rate will be lowered. It was a time for subsidy-related laws and systems to be reinforced but private subsidy projects do not temporarily shrink simply due to the increased administrative burden on private subsidy operators on subsidy management. It plans to review the correlation between laws and systems related to the construction of fish farms and suggest ways to enhance the efficiency of implementation so that economic advantages, the biggest advantage of the private subsidy project, can be recovered within the current legal system.

Policy Plans for the Maintenance of Public Security of Living During the War (전시 국민생활안정 유지방안)

  • Kil, Byung-Ok
    • The Journal of Military Studies
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    • pp.131-172
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    • 2007
  • Government duties in the cases of crisis are aimed at supporting efficient military operations in the fields of non-military affairs and resource mobilization, maintenance of government functions, and search for the public security of living during the war. In crisis, the government must change its functions into the total-war system with all resources available for the efficient performance of military operations, war economy, public safety and security as well as government continuance. The main contents of "Chung-Mu Plan" include the alternative measures to control the circulation of life necessities, emergency electricity, water and gas; recover public facilities from the disaster; and accommodate the wounded and refugees. Governments have practiced Ul-chi and ChungMoo exercises to improve government's management capabilities and master standard operating procedures including systematic distribution plans in the national and local level. However, such plans have not yet sufficient enough for the maintenance of public security of living. In addition to the conceptual ambiguity, major problems are the inappropriate system of the war economy, legal institutions, and administrative SOPs for the efficient maintenance of it. Thus, for the betterment of national crisis management system, the government should have the manual stated from every step and level dealing with crisis to the legal institutions. It is important to empower the National Emergency Planning Commission for the policy consistency and efficient/effective implementation. The comprehensive plans must have an integrated cooperative system of the central/local governments, military and civil society with actual practices and exercises for the maintenance of the public security of living.

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A Study on the Improvement of Domestic Legislative System for Crime-Safe Environment in Residental Area (주거지역 방범환경 조성을 위한 국내 법.제도의 현황과 개선방안에 대한 연구)

  • Choi, Jae-Eun;Kim, Sei-Yong;Jeong, Yun-Nam
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • pp.155-160
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    • 2009
  • Safety of residents could be considered and then increased when we plan, design, and operate a city. In Korea, CPTED (Crime Prevention through Environmental Design) is currently being applied to new towns. However, it is not systemized and neither efficient, for there are no constraint provisions, and the foreign cases are not specifically customized to the current situation of the country. This means, the introduction of CPTED is an indispensable fact, but there are limits to the budget aids and actual application, for there is no legal base to support it. This study, therefore, aims to find the limits from analyzing related laws and regimes, administrative regulations, and applied cases, and to deduct improvement plans based on examined foreign cases. In this Study, the supporting system of foreign CPTED related laws and regulations was analyzed around the cases of England and U.S.A, and based on that information, the present condition and limits of CPTED related laws and regulations of Korea were deducted. As a result of this study, there were no constraint provisions to apply the design guidelines to actual planning, and there were limits on backup aid and actual application due to the lacking of analyzing the relevant area. Also, an acceptable framework must be arranged by the revision of laws and ordinances to compel the system, and link it with the CPTED certification system which will revitalize the whole system.

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Research Framework for International Franchising (국제프랜차이징 연구요소 및 연구방향)

  • Kim, Ju-Young;Lim, Young-Kyun;Shim, Jae-Duck
    • Journal of Global Academy of Marketing Science
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    • v.18 no.4
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    • pp.61-118
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    • 2008
  • The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.

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Development of Management Systems based on IDEF3 Modeling to Improve Owner's Competency of Implementing Green building Certification (친환경건축물인증 발주자업무 수행역량 제고를 위한 IDEF3 모델기반 관리체계 구축)

  • Park, Kyung-Rog;Yi, June-Seong
    • Korean Journal of Construction Engineering and Management
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    • v.14 no.1
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    • pp.52-62
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    • 2013
  • Owners' efforts to acquire Green building certification, which started in 2002, have been rapidly increasing since 2006. The causes of the increased owners' interests are due to various incentives, legal obligation, and purpose of advertising. As project owners generally are deficient in capabilities and knowledge on how to deal with administrative works on certification, they tend to fulfill the minimum requirements for certification. However, effective administration process need capabilities of identifying individual making decision point and review information. The implementation of green building certification system is expected to provide comfort to both occupants and potential users. Furthermore it contributes to reducing energy costs throughout the phase of O&M. In addition, technology innovation in green industry can be obtained. Therefore, this study is intended to support owners in order that they can clarify certification tasks and make a rational decision-making in time. For this purpose, first of all, the major decision points were selected as the gateways of green building certification process. And then management system based on IDEF3 modeling was developed for supporting owners' decision-making performance. This management system will improve owners' overall capacity in handling all the tasks regarding the certification of Green building.