• Title/Summary/Keyword: Act

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A Study on the Systematization of the Technology Act for Platforming the Fourth Industrial Revolution

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.2
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    • pp.163-169
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    • 2019
  • Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government. The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution. As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution. The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on 'Development of Science and Technology Innovation System', 'Basic Plan of Science and Technology', and 'Comprehensive Plan for Promotion of Local Science and Technology', there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation. 'In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

Effectiveness of Rural Land Use Control by the National Land Use and Planning Act (국토계획법에 의한 농촌 토지 이용관리의 실효성 평가)

  • Park, Si-Hyun;Hwang, Han-Cheol;Hwang, Yeon-Su
    • Journal of Korean Society of Rural Planning
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    • v.18 no.3
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    • pp.77-89
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    • 2012
  • In 2003, "The National Land Use and Planning Act" (NLUP Act) was enacted unifying two old laws; "The Urban Planning Act" enacted in 1962 and "The National Land Use and Management Act" enacted in 1972. One of main reasons of unifying two acts was to extend urban planning-based development systems to rural areas for preventing uncontrolled urban sprawl in rural areas and enhancing or settlling plan-based land use system in rural areas. This paper is conducted with the following specific objectives: i) to critically review the contents of NLUP Act in terms of rational rural land use planning; ii) to evaluate plan-based land use practices in rural area by NLUP Act; iii) to appraise performance level for prevention against unplanned development activities in rural areas by NLUP Act. To accomplish these objectives, we surveyed actural state of rural land use and development system by the new act in two case study areas. Ansung city in Gyeongi province as an urban sprawl region and Hamyang county in Gyeongnam Province as a remote rural area. Study results ascertained that the new act can not effectively control rural land use and not prevent over-use of agricultural land in the positive and effective ways because of followering three points.

Proposal of unification plan based on differences between food and livestock product HACCP (식품과 축산물 HACCP의 차이점 분석 및 일원화 방안 도출)

  • Jo, Ah-Hyeon;Kang, Ju-Yeong;Park, Eun-Ji;Lee, Han-Cheol;Lee, Cheol-Soo;Kim, Jung-Beom
    • Food Science and Industry
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    • v.53 no.1
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    • pp.101-115
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    • 2020
  • Korea has been managed HACCP with food and livestock products separately, but it was incorporated into food and livestock product safety management certification standard in 2015. Currently, the notification is unified, but food sanitation act and the livestock products sanitary control act are not unified. These differences are leading to complaints from food and livestock corporation. In this review, the food sanitation act, enforcement regulations of the food sanitation act, the livestock products sanitary control act and enforcement regulations of the livestock products sanitary control act were compared and analyzed to identify the part which requires unification. As a result of the survey, the thirteen clauses were proposed to unify in the food sanitation act and the livestock products sanitary control act. The nineteen clauses were proposed to unify in enforcement regulations of the food sanitation act and enforcement regulations of the livestock products sanitary control act.

A Study on Reform for Subordinate Laws of the Marine Leisure Safety Act (수상레저안전법 하위법령 개정방안)

  • Lee, Yun-Cheol;Yeo, Sook-Kyung
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.106-107
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    • 2005
  • Small vessels of less then 20 tonnage and leisure boats such as motor boats, sailing yachts, water motorcycle, etc have been excluded from the rules and regulations such as Marine Leisure Safety Act, Ship Act and Ship Safety Act for a long time in Korea. As a result, these small vessels and leisure boats have remained within the blind area of maritime safety and environment protection. Among these vessels and boats, some leisure boats such as motor boats of 20 horse power or more(excluding motor boats equipped with engine inside the vehicles), water motorcycles and rubber boats of 30 horse power or more are incorporated into the Marine Leisure Safety Act through the registry, safety inspection, insurance early 2005 in Korea. In relation to the scope of application of the national Acts concerned, I consider the conflicts between Acts and suggest the subordinate enforcement ordinance and regulations.

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Keywords Analysis on the Personal Information Protection Act: Focusing on South Korea, the European Union and the United States

  • Park, Sung-Uk;Park, Moon-Soo;Park, Soo-Hyun;Yun, Young-Mi
    • Asian Journal of Innovation and Policy
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    • v.9 no.3
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    • pp.339-359
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    • 2020
  • The policy change in the Data 3 Act is one of the issues that should be noted at a time when non-face-to-face business strategies become important after COVID-19. The Data 3 Act was implemented in South Korea on August 5, 2020, calling 'Big Data 3 Act' and 'Data Economy 3 Act,' and so personal information that was not able to identify a particular individual could be utilized without the consent of the individual. With the implementation of the Data 3 Act, it is possible to establish a fair economic ecosystem by ensuring fair access to data and various uses. In this paper, the law on the protection of personal information, which is the core of the Data 3 Act, was compared around Korea, the European Union and the United States, and the implications were derived through network analysis of keywords.

A study on development strategy of Automated Container Terminal (자동화 컨테이너터미널 개발 전략에 관한 연구)

  • 최형림;박남규;박병주;유동호;권해경
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2004.04a
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    • pp.479-485
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    • 2004
  • The interest of ACT (Automated Container Terminal) is increasing because of expansion of container's transportation quantity, appearance of large-sized and. high-speed vessel, high labor cost of container terminal and the change of technical level. Therefore, the ACT had been developed in several ports in the world, such as ECT (Europe Combined Terminals) and CTA (Container Terminal Altenwerder). They have studied detailed technique for the operation of ACT. In Korea, it also has increased not only expansion and improvement of container terminal, but also necessity of ACT. Now, many projects related to the development of ACT are working in Korea. And the technical improvement of operating system, automated equipments and information system has accomplished by the projects. The ACT consists of the basic equipment and the integrated information system for operating and controlling automated equipments. The productivity of ACT is maximized through efficient connection between them. Thus, the automated degree of container terminal is dependent on the developing time of operating system, reliability, transportation quantity of container, investment amount and technical level. In this paper, we propose important strategy in developing ACT through analyzing the property of each ACT.

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The Necessity of A Cognitive-scientific Analysis on A Security threat Act - The Foundation for A Establishment of The Scientific Preventive Social-security Countermeasure - (경호위해행위에 대한 인지과학적 분석의 필요성 고찰 - 과학적 예방적 사회안전 대책 수립을 위한 기초 -)

  • Kim, Doo-Hyun;Son, Ji-Young
    • Korean Security Journal
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    • no.17
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    • pp.33-51
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    • 2008
  • According to dictionary, the meaning of protection is "guard and protect" that means protecting the Protectee's safety in case of sudden attack or various accident and Security means all protecting activity including Protectee and place where he is in or will be as comprehensively meaning of safe. As you see in the definition, Protection and security is the act to protect or will to protect from a security-threat act. A security-threat act can be discussed in the range of the concept of a criminal act in Criminal Law. A security-threat act is based on criminal act in Criminal Law, we are going to review such a security-threat act in a point of view in a sphere of learning in today's remarkable a brain-neuro science and cognitive science based on cognitive psychology, and to use an analysis on such a security-threat act to make a foundation for a establishment of the scientific preventive social security countermeasure. To do so, First of all we are going to review a security-threat act based on criminal act in Criminal Law in a point of protection police logic view. Next, we are going to introduce how cognitive science understand about act of man before we analyse a threat act as one of an act of man in cognitive science point of view. Finally, we are going to discuss the need of cognitive scientific analyse in order to establish the Scientific Preventive Social-security Countermeasure at the same time we are going to analyse a threat act in a cognitive scientific view.

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Application Range of "Temporary Alteration" in the Article 10 of Ship Safety Act (항만건설작업선의 선박안전법 제10조제3항(임시변경) 적용범위에 관한 연구)

  • Yeong-Tae Son
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.29 no.2
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    • pp.177-187
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    • 2023
  • The Ship Safety Act prescribes matters necessary for the maintenance of seaworthiness and safe navigation of ships. In this regard, Article 10 of this Act requires shipowner to undergo occasional survey if he/she wants to temporarily change intends to modify the details entered in a ship survey certificate. Such measures are in accordance with the maintenance of the state of the ship after the ship inspection under Article 15 of this Act, and this Act includes "harbor construction work ship" under Article 39 Paragraph (1) of the Harbor Act. However, although the harbor construction work ship originally showed the same operating system as the barge, it was not applied to the Ship Safety Act and was registered and surveyed under the Construction Machinery Management Act. Then "Seokjeong No. 36" sinking accident in Ulsan on December 14, 2012, led to the amendment of the Harbor Act in 2016, and considering the fact that it was added to the Ship Safety Act and applied, there is a realistic limit to applying all the regulations stipulated in the Ship Safety Act to the harbor construction work ship. Accordingly, this study discusses the work characteristics through concept, registration, work area, survey regulations, application case of temporary alteration etc. of harbor construction work ships and controversial issues related to the scope of application of the Ship Safety Act of actual harbor construction work ships, and also the appropriate scope of "temporary alteration" among temporary inspections prescribed in Article 10 of the Ship Safety Act in consideration of the legislative purpose of incorporating harbor construction work ships into the survey subject to the Ship Safety Act in accordance with the revision of the Harbor Act.

Pharmaceutical Affairs Act Issues Related to Self-administration of Medicines by Medical Personnel (의료인의 자가 투약 관련 약사법 쟁점)

  • Sungmin Park
    • The Korean Society of Law and Medicine
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    • v.24 no.3
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    • pp.3-26
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    • 2023
  • This paper reviewed the Pharmaceutical Affairs Act issues in case of self-administration of medicines by medical personnel without going through the general process (prescription, dispensing, distribution, administration). If a medical personnel self-medicates, the medicine supplier or medical personnel may be subject to criminal punishment under the Pharmaceutical Affairs Act. The core reprehensibility of the punishment lies in undermining the order in distribution of medicines stipulated in the Pharmaceutical Affairs Act. First, the sale of medicines by a medicine supplier to medical personnel may be the violation of Article 47 of the Pharmaceutical Affairs Act. However, if it was distributed for the case where medical personnels can dispense it directly under the Pharmaceutical Affairs Act, it can be justified under the general provision of the Criminal Act (justifiable act, the exclusion of illegality). If medicine suppliers distribute medicines knowing that the medical personnel acquires medicines for selfadministration, they can be punished as the violation of Article 47 of Pharmaceutical Act. Second, when a medical personnel acquires a medicine for the purpose of self-administration, the medicine supplier distributes the medicine under the false pretense that the medical personnel acquires the medicine for the case in which the medical personnel can directly dispense the medicine according to the Pharmaceutical Affairs Act. At this time, even if the medicine supplier has received all the payment for the medicines, the distribution of the medicines by deceit can constitute the fraud under the Criminal Act. Third, self-administration by medical personnel is a the violation of Article 23 of the Pharmaceutical Affairs Act. It is not a justifiable act under the general provision of the Criminal Act. This is because it is the abuse of the special status granted to medical personnel in the Pharmaceutical Affairs Act, which undermines the order in distribution of medicines.

The New Conflict of Laws Act of the Republic of Korea (개정 국제사법(國際私法)의 소개 : 국제거래(國際去來)에 미치는 영향을 중심으로)

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.23-62
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    • 2003
  • The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

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