• Title/Summary/Keyword: Act on the Registration

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The Improvements of Preferred Right on the Housing Lease Protection Act (주택임대차보호법상 최우선변제권에 대한 개선방안)

  • Park, Jong-Ryeol;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.8
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    • pp.135-144
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    • 2012
  • The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

The Main Contents, Comment and Future Task for the Space Laws in Korea (한국에 있어 우주법의 주요내용, 논평과 장래의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.119-152
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    • 2009
  • Korea now has a rapidly expanding and developing space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in I987, a Space Development Promotion Act in 2005 and a Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a new draft for the establishment of a Korean Aerospace Development Agency (KADA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation (SSC), China Aerospace Science and Industry Corporation (CASIC), Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. If the Korean government will be establish the Korean Space Agency as an governmental organization in future, it is necessary to revise the contents of the Government Organization Act. It is desirable and necessary for us to establish an Asian Space Agency (ASA), in order to develop our space industry and to promote research cooperation among Asian countries, based on oriental idea and creative powers.

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The Strategy and The Plan for the International Recognition of our Professional Engineer's Qualification (우리나라 기술사 자격의 국제적 통용성 확보 및 해외진출 방안)

  • Jeong, Byung-seon
    • Journal of the Korean Professional Engineers Association
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    • v.41 no.6
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    • pp.49-52
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    • 2008
  • The Ministry of Education. Science and Technology had revised the 'The professional Engineers Act' in 2007 in order to enhance the efficiency of the professional engineers. The Ministry also had adopted "The International Professional Engineer Registration System which included APEC engineer and EMF international professional engineer and has worked on various MRA of professional engineer and has worked on various MRA of professional engineers through FTA with USA, Singapore. EU, Canada and Australia etc. The Ministry will participate in the negotiation meeting For MRA of professional engineers with Singapore in coming November and also will negotiate positively MRA of professional engineers with USA upon the ratification of National Assembly.

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A Study on the Identity and Administration of Toy Library in South Korea (장난감도서관의 정체성 및 운영 실태 분석 연구)

  • Lee, Jong-Moon
    • Journal of Korean Library and Information Science Society
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    • v.44 no.3
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    • pp.75-98
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    • 2013
  • This study aimed to identify the problems of toy libraries by investigating and analyzing the identity and administration of toy library and so to propose the approaches to improve the legal and administrative status of toy library. In accordance with the analysis, only 9.8%(5) of 51 toy libraries in Korea was established on the basis of the Libraries Act. Most toy libraries were established and operated without any basis on legal institutions or toy library ordinances of local authorities(45%). The purposes of establishment were different from the identity of toy library specified in the provisions of Clause 1, 2 and 3, Article 2, Libraries Act, as 82.4% of toy libraries was established for rental of toys, providing game data and cultural activity service and distributing game programs. For the legal registration standards based on the Libraries Act, it was found that 96.1% exceeded the floorage requirements, 92.3% exceeded the seating requirement and 45.1% exceeded the collection requirement on the basis of the small libraries. Only 13.7% employed the librarians. Next, most toy libraries secured just 70% of the required budget. In conclusion, this study proposed the local authorities to establish the ordinances related to toy library on the basis of the Libraries Act. Next, it was also proposed for the toy libraries to register themselves in accordance with the Libraries Act for securing the legal status. Finally, the local authorities need to rationalize and support the budgets for rationalizing the administration of toy libraries.

A Study on the Swiss Cadastral & Registration System (스위스의 지적과 등기제도에 관한 연구)

  • Ryu, Byoung-chan
    • Journal of Cadastre & Land InformatiX
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    • v.50 no.2
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    • pp.169-187
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    • 2020
  • In Korea, Switzerland has been known as a country that integrates the Cadastral System (hereafter as CS.) and the registration system(hereafter as RS.) according to a research report by the Ministry of Home Affairs since 1975. However, I found that Switzerland's CS. and RS. were separately managed by the Dept. of Defense, Civil Protection & Sports(hereafter as DDPS.) and the Dept. of Justice & Police(hereafter as DJP.). Therefore, I have a question about where is the institution in charge of the CS. and RS. in Switzerland, what are the relevant laws and regulations, and what are the related public records, and the background and purpose of this study is to resolve this. Research Results First, cadastral affairs are handled by the Cadastral Surveying Division at the Federal Office for Topography (Swisstopo) under the DDPS, and the registered affairs are handled by the Private Law Division at the Federal Office for Justice under the DJP. Second, Cadastral-related laws include 'VAV' and 'TVAV' newly enacted in 1993, and Registration-related laws include 'Civil Act(ZGB)' and 'Order on Land Registration(GbVO)' etc. which have been in effect since 1912. Third, the cadastral record includes the Cadastral Books, Cadastral Maps & Numerical Cadastral Books etc, and the register includes the Hauptbuch, Tagebuch, Pläne, Liegenschaftsbeschreibung etc. It is hoped that the results of this study will provide an accurate understanding of the fact that Switzerland's CS. is managed separately by the DDPS, and the RS. is managed by the DJP.

A Study on The Protection of Intellectual Property Right about The Electronic Commerce - Focusing on the Domain Name And the Trademark Infringement - (전자상거래상(電子商去來上) 지식재산권(知識財産權)의 보호문제(保護問題)에 관한 연구(硏究) - Domain Name과 상표권(商標權) 침해여부(侵害與否)를 중심(中心)으로 -)

  • Lee, Han-Sang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.1013-1032
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    • 2000
  • At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

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Improving the Reliability of the National Database for Chemical Hazard Information (국가 화학물질 유해성정보 데이터베이스 구축 과정의 신뢰도 제고 방안에 관한 연구)

  • Lee, Somin;Lee, Minhyeok;Kang, Mijin;Kwon, Soon-Kwang;Ra, Jin-Sung;Park, Beaksoo
    • Journal of Environmental Health Sciences
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    • v.46 no.4
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    • pp.410-422
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    • 2020
  • Objectives: According to the Act on Registration, Evaluation, Etc. of Chemicals, new and existing chemicals must be registered by 2030. In addition, industries need to submit hazard data as an attachment during the registration process. Therefore, we constructed a nationwide chemical database to support small industry by providing hazard data and original sources. During the process, we developed a new standard procedure for minimizing errors and increasing reliability. Methods: We analyzed the categories of errors and the cause of the errors through the verification results of the 2019 project. We present an improved database construction methodology and system. Results: Errors are categorized according to their causative factors into simple, technical, and structural type errors. Simple errors arise simply because of decreased concentration or negligence in following the instructions. Technical errors are caused by a discrepancy between the professional field and the type of data. Structural errors indicate systemic errors such as incomplete forms on the excel database or ambiguity in the guidelines. Lessons from the errors collected in the 2019 project are used to update the procedures for database authorization and technical guidelines. The main update points are as follows; 'supplementation of review process', 'giving regular training to external reviewers', 'giving additional information to authors, like physico-chemical properties of substances, degradability, etc.', 'amendment of excel form', and 'guideline upgrades'. Conclusions: We conducted this study with the aim of improving the accuracy and reliability of the database of hazard information for chemical substances. The new procedures and guidelines are now being used in the 2020 project for construction of a hazard information database for Korea.

Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

A study on the foreign investment law and permission procedure of forestation business in Laos (라오스의 외국인투자법제 및 조림사업 허가 절차에 관한 고찰)

  • Bang, Hong-Seok;Kweon, Hyeong-Keun;Choi, Sung-Min;Lee, Joon-Woo;Kong, Young-Ho
    • Korean Journal of Agricultural Science
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    • v.39 no.1
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    • pp.17-21
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    • 2012
  • The purpose of this study is to review the laws on foreign investment and the changed licensing procedures in Laos and to provide the data for basic understanding of foreign forestation investment in Laos. The conclusions are as follows. The Laos government has been consistently trying to promote foreign investment. In particular, in 2004, the "Law on the Promotion of Foreign Investment" was legislated. In 2009, the Foreign Investment Promotion Act and the Domestic Investment Promotion Act to incorporate the principles of the "Law on Investment Promotion" were enacted. In Laos, the country's land is owned by the nation's community and maintained by the government. Therefore, through the procedures for registration of land, land can be conceded or leased. The ways to invest are joint ventures (where at least 10% of the total capital investment has to be made), foreign sole investment (where the investor must have a minimum capital of $100,000 or more), joint venture agreement and etc. Lastly, the forestation licensing procedures in Laos are carried out in the following order: site selection, business investments feasibility studies, environmental and social impact assessment, forestry permit application.

Critical Review of the Former Korean Regulations for Consumer Chemicals and the Humidifier Disinfectant Disaster (가습기 살균제 참사와 관련된 당시 생활화학물질 관리 법령에 대한 비판적 고찰)

  • Cho, Dae Hwan;Zoh, Kyung Ehi;Park, Taehyun;Choi, Yeyong;Park, Dong-Uk
    • Journal of Environmental Health Sciences
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    • v.48 no.3
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    • pp.183-194
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    • 2022
  • Background: No study has examined the regulatory factors associated with fatal health problems due to the use of humidified disinfectants (HD) in South Korea. Objectives: This study aimed to identify and discuss the deficiencies and limitations found in the Toxic Chemical Control Acts (TCCA) that failed to prevent the health risk of chemicals in HD products. Methods: The South Korean TCCA was reviewed focusing on acts in operation from 1994 through the end of 2011, the period when HD was allowed in manufacturing and marketing. Results: The TCCA was the act intended to regulate the toxicity of chemicals in HD products. We found the TCCA to lack three key legal clauses which would have been essential to controlling the health risk of HD. First, there was the exemption of toxic and hazard testing for existing chemicals, including chloromethylisothiazolinone (CMIT), methylisothiazolinone (MIT), and benzalkonium chloride (BKC). Secondly, there were no articles requiring industry to provide animal inhalation test result for polymers such as polyhexamethylene guanidine (PHMG) and Oligo(2-)ethoxyethoxyethyl guanidine chloride (PGH). Finally, there was a lack of articles on examining the risk of products as well as on addressing changes in the usage of products. These articles were found to be generally provided in the US Toxic Substance Chemical Act (TSCA) and the EU Registration, Evaluation and Authorization of Chemicals (REACH). Conclusions: In conclusion, the Ministry of Environment of South Korea had not updated key articles for regulating hazardous chemicals, causing large-scale health problems due to HD which had been fundamentally addressed in chemical-related acts in other countries.