• 제목/요약/키워드: 법령 및 제도

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Systematic Improvement for Effective Operation of Long-Term Continuous Construction Contracts (장기계속공사계약의 효율적 운영을 위한 제도 개선)

  • Cho, Youngjun
    • Korean Journal of Construction Engineering and Management
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    • 제20권6호
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    • pp.3-10
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    • 2019
  • The entire duration of the long-term continuous construction contract project cannot be expected when calculating the initial budget as the construction of the contract is carried out annually according to the budget composition. In addition, the statutes related to the defect liability and execution of contracts have not been established systematically in relation to the contract. Therefore, there are many problems at the actual construction site with regard to the defect liability or the performance of the contract in relation to the contract. In this study, the following improvement directions were presented for the efficient operation of the contracts: First, the defect liability is legal and should be specified in an Act rather than an enforcement decree. Second, if the parties to the contract vary in the following order in the contract, the special agreement should be specified in the enforcement decree. Third, in the event of an indirect cost due to the extension of the period of the long-term continuous work, the contingency items of the total project cost management policy should be utilized. Fourth, in the case of general construction contract conditions, clauses related to the purchase of the premium of the CAR, inspection, taking over, defect repair, and defect inspection shall be supplemented.

Government Commission Studies Exclusion Rules to Improve Fairness (공정성 강화를 위한 정부 위원회의 제척 규정 비교 연구)

  • JaeHoon LEE
    • The Journal of the Convergence on Culture Technology
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    • 제10권4호
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    • pp.331-337
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    • 2024
  • The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.

The Need and the Direction to Improve the System of Measures for the Preservation of Buried Cultural Heritage (매장문화재 보존조치 제도의 개선 필요성과 방향)

  • Ryu, Ho-cheol
    • Korean Journal of Heritage: History & Science
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    • 제47권3호
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    • pp.146-159
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    • 2014
  • After inspecting ground surface or excavating cultural heritage site, the government can take measures for the preservation of buried cultural heritage based on the related law. It means that the provisions complement the limitation of current cultural heritage management system by extending the scope of cultural heritage to be preserved. But we neither have set any matters about implementing the measures for preservation of the buried cultural heritage, nor manage the heritage and its surroundings after implementing the measures. Due to these insufficiency of the law, there arise several problems in the field. For example, the measures for preservation are not complete, or preserved cultural heritage is damaged due to inappropriate management. We have to resolve the problems in order to accomplish the original purpose of taking measures for preservation of the heritage. First, it is necessary to make sure of the legal status of preserved buried cultural heritage, to establish the standards to decide whether to preserve it or not. We need to have regulations by law or internal rule on the daily management, who should manage it, what and how the manager should manage. It is also important for local residents to take an active part in preserving and utilizing the cultural heritage as the owner. Through building up the foundation mentioned above, the meaning and value of preserved buried cultural heritage can be expanded widely.

A Study of System and Practices of the Old Age Pension in North Korea (북한 년로년금의 제도와 실태에 관한 연구)

  • Min, Ki-Chae;Cho, Sung-Eun;Han, Kyoung-Hun
    • Korean Journal of Family Social Work
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    • 제60호
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    • pp.133-173
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    • 2018
  • This paper analyzes the consistency and the discrepancy between system and practices of the old age pension(Nyunronyungeum) in North Korea. The literature review is conducted to analyze the system. Specifically, the North Korean law and North Korean dictionaries were carefully examined. The interviews with 25 North Korean refugees were conducted to grasp the exact state of the old age pension in North Korea. Major findings are as follows: the consistency between system and practices of the old age pension in North Korea is identified only certain portions of that. Beneficiaries(blue-collar workers, white-collar workers, farmers, soldiers, and employees in foreign-invested enterprises), contribution periods, earning-related schemes, the totalization of periods of coverage(workplace transitions), the absence of double benefits and early retirement pension, and the delivery system around Civic Service offices(Dong offices) are confirmed by complete consistency. Preservation age, variations in the implementation of the pension system by region, and premium of the old age pension are confirmed by partial consistency. The length of service, the labor regulation, lump-sum payment, and double dipping are confirmed by discrepancies. It's important that this study brings about a better understanding the old age pension in North Korea through various original texts of North Korea and interviews with refugees. The results of this study are expected to contribute to the policy production for the age income security system after the unification and to the spread of unification perspectives.

A Study on the Digital Material Disposal Order System (디지털자료 파기 명령 집행절차에 대한 연구)

  • Kim, Tae-Sung;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • 제27권4호
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    • pp.863-872
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    • 2017
  • Digital material transferred to the court for litigation shall be disposed by the procedure in the court records management regulations and the digital material collected by the investigator in order to prove the suspect's allegation shall be disposed by the Supreme Public Prosecutor's Regulation No.876(digital material's regulation of collection, examine and management). the court ordered the disposal of digital material that is the subject of litigation based on the related laws when criminal lawsuits and civil lawsuits are finalized. however, there is no specific procedure to enforce the disposal order of the court, and the enforcement order stipulates that the enforcement agent is not a professional officer who has proven expertise but a related public official. there is a problem in the enforcement of digital material that the court ordered to disposal because it is not specified. therefore, this is paper proposes a procedure for effectively enforcing the court's order to revoke digital material.

A Study on the Protecting of Personal Information in Offline Transactions : Focused on the Housing Lease Agreements (오프라인 거래에서 개인정보 보호방안 : 주택임대차계약을 중심으로)

  • Kim, HyoSeok;Park, Soon-Tai;Kim, Yong-Min
    • Journal of the Korea Institute of Information Security & Cryptology
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    • 제30권2호
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    • pp.243-252
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    • 2020
  • Recently, the proportion of housing lease has been increasing to an overwhelming level in line with the increase of single-person households and the change in the form of housing. In the normal case, the use of rental-type housing is subject to a housing lease agreement through a licensed real estate agent. In the event of a transaction conclusion, licensed real estate agent shall issue a contract containing the personal information of the lessee, the renter, and the licensed real estate agent to the transaction party. In this case, it is necessary for the lessee to provide the contract to a third party. This paper analyzes relevant laws and regulations and the status of housing transactions, focusing on personal information processed between offline housing lease agreements. And when issuing a contract through IRTS, we propose a way to protect personal information by providing a third party in three forms: information Data Subject-based, Purpose of usage-based De-identification, and Certificate of Contract.

A Study on the Improvement for Design VE Job Plan through the Benchmarking (벤치마킹을 통한 설계VE 추진절차 개선에 관한 연구)

  • Um Ik-Jun;Jung Young-Il;Kim Chul-Woong;Hyun Chang-Teak
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 한국건설관리학회 2001년도 학술대회지
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    • pp.88-95
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    • 2001
  • To convert the construction industry from 'the high cost, the low efficiency' to 'the low cost, the high efficiency and value-added industry' and to enhance the performance and quality of products while reducing the cost, the related law and guideline were established and promulgated, which regulate that value engineering workshop during the preliminary design and the detail design stage should be a mandatory process. But VE practitioners are still confusing in choosing the proper value engineering process, because processes those are described in the various references use the different terms, steps and activities, even though they have their own specific characteristics. To resolve these confusions, the existing steps and activities of three kinds of the literature, four kinds of the organization's policy and other four kinds of study examples relating to the design VE were examined. And then, the differences and expecting problems were extracted through the comparison and analysis of those materials. After that, VE specialists' opinion through the questionnaire survey were grasped. Based on those studies the improved design VE Job Plan and activity statements were suggested.

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Improvement Scheme of System for Apartment Housing Remodeling Activity (우리나라 공동주택의 리모델링 활성화를 위한 제도 개선 방안)

  • Kim Yong-Sung;Lee Chan-Shik
    • Korean Journal of Construction Engineering and Management
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    • 제2권1호
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    • pp.57-67
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    • 2001
  • In 1999, a residence stock amounts to 11 million units and apartment housing holds 57.6 percent of the residence stock. Without proper remodeling for apartment housing, a significant portion of them would be expected to be demolished shorter than their life-time due to socioeconomic reasons. Apartment housing is maintained depending on government regulations such as 'Housing Construction Promotion Code' and 'Apartment Housing Maintenance Ordinance'. However, there are many problems with implementation of them. In order to solve the problems, we focus on the remodeling system that includes Maintenance of Apartment Housing, Finance and Taxation, Special Repair Appropriation Budget, Resource Quality and Standard Plan, and Remodeling associated with the code. And this study, which being compared with the foreign remodeling system, presents the improvement scheme of system for apartment housing remodeling. This study aims to promote remodeling apartment housing and provide the suitable scheme for remodeling activities.

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Study on the Improvement of a Special Fire Police Judicial Police System (소방특별사법경찰제도의 문제점에 따른 개선방안 연구)

  • Park, Hyeong-Jin;Kim, Jung-Rae;Kim, Jong-Buk;Cha, jin;Kwon, Hyun-Seok;Lee, Si-Young
    • Fire Science and Engineering
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    • 제32권5호
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    • pp.77-86
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    • 2018
  • In recent years, the high growth of the Korean society has led to the development of large and small incidents and accidents, while safety regulations, such as the firefighting sector, have been strengthened with the expectation of people desiring safety. This study surveyed the problems and improvement plan of the current operation centered on the fire service public officers in Gyeonggi-do and Gangwon. As a result of the main research, it is necessary to arrange and carry out excellent investigative manpower, such as lawyers and professional career veterans in the fire department, metropolitan city and provincial firefighting headquarters, and frontline fire departments. In particular, it was suggested that a special task force should be established and set up in the above agency, and the planning investigation and enforcement work should be solved through subdivision of the fire special enforcement officer tasks, and the judicial cases that are difficult to be handled by the local fire station. In future research, it will be necessary to study the field of fire - fighting specialists' needs for more specialized education and various disaster field experiences.

A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters (자연재해로 인한 조경수목 피해 판례 및 제도분석 연구)

  • Yu, Joo-Eun;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • 제41권4호
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    • pp.77-84
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    • 2013
  • With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.