• Title/Summary/Keyword: 법규 조문

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The Necessity of Establishing the Concept of Route in the Domestic Maritime Legislation (국내 해사법규 상의 항로 개념 정립의 필요성)

  • Gwi-ho Yun;Jang-ho Park
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.30 no.1
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    • pp.65-73
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    • 2024
  • Maritime legislation encompasses a wide range of laws related to the maritime field. A significant number of laws that can be called maritime legislation have been enacted and implemented in domestic legislation. For all types of legislation, including maritime legislation, the meaning of the legal provisions must be clear for those who abide by the law, those who study the law, and those who enforce legislation. Nevertheless, the potential for considerable confusion exists because the definition is not stipulated in relation to the 'Route' specified and regulated in various maritime legislation. Further, the exact meaning of numerous cases is difficult to understand and can be interpreted in various ways. Adding to the confusion is the use of different terms with similar meanings. The maritime field changes and becomes more diverse, and many related maritime legislations are being enacted or amended to reflect this situation. The, authors propose to specify clear route definitions in individual legislation and replace parts that may cause unnecessary misunderstanding with similar terms. The authors believe that the confusion in compliance and enforcement of maritime legislation can be minimized .if these proposals are implemented.

Report - IP 리포트 - 한.미 상표법 체계(Juris-prudence).상표정책 및 상표권의 법적 성질 비교

  • Kim, Dong-Uk
    • 발명특허
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    • v.36 no.11
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    • pp.14-18
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    • 2011
  • 미국은 관습법(시민사회의 자생적 발전에 기초한 풀뿌리 민주주의를 토대)으로서 아래로부터(Bottom-up) 상거래 관행이 상표법에 조문화된 보통법 (common law) 체계인 반면, 한국은 시민사회의 기반 없이 정부주도로 바람직한 현상(1천년이 넘는 오랜 권위주의 체제를 토대)으로서의 법규범을 형성하기 위해 상표법을 제정한 대륙법(Continental law) 체계라는 법철학적 차이점이 있다.

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A Review on the Domestic and Foreign Lawa Connected with the Environmental Comservation and Ecology from Sandscape Architectural Point (조경적 측면에서의 환경보전 및 생태학 관련 국내, 외 법규에 관한 고찰)

  • 신익순;김용수
    • Korean Journal of Environment and Ecology
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    • v.11 no.1
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    • pp.18-36
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    • 1997
  • This study was conducted to analyze the text relating to the environmental conservation and ecology among the text of the constitution of Korea and collect the domestic laws(40 statutes, 1 guide, 1 leading case) and the foreign laws(1 constitution, 34 statutes, 2 ordinances, 3 leading cases). To make the text of the collected domestic and foreign laws a comparative analysis of the conceptual principle, plan establishment and project operation, types, policy and allied projects, rights and duties, allowed and restricted acts, environmental impact assessment and administration procedure and system of the environmental conservation and ecology by items, it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how to set the many foreign countries on their laws connected with the environmental conservation and ecology from the other department and carry out the advanced environmental works.

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A Study on the Local Governments' Autonomous Laws Regulating Social Insurance Premium for Medical Security (의료보장을 위한 지방정부의 사회보험료 지원 자치법규에 관한 고찰)

  • Kim, Jesun
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.203-242
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    • 2019
  • Since 2006, local governments in Korea have been providing premiums for social insurance, such as the National Health Insurance System, for the health care of local residents. The purpose of this study is to analyze the content of self-governing legislation that defines these policies. The method of conducting the research was based on the articles of the ordinance related to the 'public health insurance premium' of the self-governing statutes published on the website of the National Law Information Center. As of May 2019, 201 municipalities have enacted ordinances to support public health insurance premiums. In the case of state local governments, 8 out of 17 were found, and in the case of basic local governments, 193 out of 226. The constitution of the ordinance consisted of purpose, time of enactment, type of social insurance premium, object of social insurance premium, amount of social insurance premium support, method and process of social insurance premium support, time of social insurance premium support. This study analyzed contents of these articles. Finally, this study presented issues that could be controversial from the policy and legal viewpoints and suggestions for improvement.

A Study on the Relationship between Technical Regulations and Telecommunication Laws (전기통신 기술기준 원칙과 통신법 관련 조문 분석연구)

  • 김용환;이영환;백종현
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.2 no.4
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    • pp.455-463
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    • 1998
  • The "Technical Regulations on the Telecommunication Facilities". under the provision of the "Telecommunication Basic Law", has rather complicated mechanism in its implementation because of wide relationship with various laws. This paper studies the principle of technical regulation and configuration with related laws, and then gives a suggestion on the future improvement of the regulation.t of the regulation.

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The System and Content of North Korean Medical Laws (북한 의료법규 체계와 그 내용)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.3-43
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    • 2016
  • The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

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Preparation and Characteristics of Soybean Curd Using Cuttle Bone Powder Treated with Acetic Acid (유기산처리 갑오징어갑 분말을 이용한 두부의 제조 및 특성)

  • Kim, Jin-Soo;Cho, Moon-Lae;Heu, Min-Soo
    • Applied Biological Chemistry
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    • v.46 no.2
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    • pp.101-106
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    • 2003
  • Soybean curd was prepared using cuttlebone powder treated with acetic acid (ATC), and its characteristics were determined. Soybean protein was coagulated by adding calcium chloride, magnesium chloride, and ATC at 0.7, 1.2, and 0.9%, respectively, or higher. Yield, white index, texture, and sensory evaluations revealed the optimal concentration of ATC for preparation of soybean curd was 2.0% of total soybean weight. The proximate compositions of soybean curd prepared by adding 2.O% ATC were 75.9%, 12.6%, 1.9%, 5.3%, 6.60, and $1.0×10^4$ CFU/g in for moisture, crude protein, crude ash, crude lipid, pH, and viable cell count, respectively. Although white index and mineral content of both soybean curds were similar, texture of ATC-prepared soybean curd was superior to that of soybean curd prepared with 1.5% calcium chloride.

A Study on the Legal Explanation and Cases of the Buyer's Obligation to Pay the Price for the Goods under CISG (CISG하에서 매수인의 물품대금지급 의무에 관한 법적 기준과 판결례에 관한 고찰)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.199-224
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    • 2013
  • Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

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A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.