• Title/Summary/Keyword: Administrative Law

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Regulation of the Working Hour of Flight Crew in Germany (독일에서의 항공기승무원의 근로시간 규제)

  • Choi, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.235-251
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    • 2005
  • German working hour law of 1994(Arbeitszeitgesetz) provides maximum working hour as 8 hours a day and 48 hours per week. The law provides that minimum 11 hours rest-time is required between the end of a day's work and the beginning of the next day's work. Namely, the hour that the workers are put under commanding of the user is restricted within 13 hours per day. In the meantime, article 5, 7, 14, and 15 of the law have some letting the exceptional provisions regarding the working hour and rest-time of flight crew, and 2nd administrative order for the aviation transportation business owner, which is established based on such exceptional provisions(2.DV LuftBO), provides the working hour and rest-time of flight crew quite in detail. The administrative order is detailed quite regarding block time, flight working hour, and rest-time. So, it does not need to interpret additionally. Airlines in Korea should observe the both Labor Standard Act applying to general workers and Aviation Act focused on flight crew, so it is difficult that airlines manages working hour and rest-time of the flight crew efficiently. Therefore, it is desirable that our country refers to and considers adopting this legislation method of Germany which regulates working hour and rest-time of flight crew in detail in the 2.DV LuftBO.

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Analysis on Connection of Information Infra for Efficient Ubiquitous-service Realization (효율적인 u-서비스 구현을 위한 정보 인프라 연계성 분석)

  • Choi, Pill-Soon;Kang, Joon-Mook;Park, Joon-Kyu
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.29 no.5
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    • pp.497-507
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    • 2011
  • Ubiquitous city which was appeared since 2006 is defined as "The city provided the ubiquitous city service anytime and anywhere using ubiquitous urban infrastructure to improve the city's competitiveness and quality of life" under ubiquitous city construction law. To realize the ubiquitous city, the city has to be constructed efficiently based on the spatial information. And connection of information achieve effective synergy. In this study, applied multilateral analysis to spatial information and administrative information to implement u-service focused on MACCA(Multifunctional Administrative City Construction Agency). Study about main function and product data with connection process of Korean Land Spatialization System and administrative information System was performed. Also, details of u-service and method of acquiring necessary data were derived. In Addition, the information connection possibility for efficient u-service realization was suggested by linkage analysis method to utilize the related information infrastructure jointly.

Legal Issues in Quarantine and Isolation for Control of Emerging Infectious Diseases (신종감염병 관리를 위한 격리조치의 법적 측면)

  • Kim, Cheonsoo
    • Journal of Preventive Medicine and Public Health
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    • v.49 no.1
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    • pp.1-17
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    • 2016
  • The Middle East respiratory syndrome coronavirus (MERS-CoV) outbreak in South Korea in 2015 has drawn public attention regarding the legal regulation of infectious disease control in Korea. This paper discusses the interpretive and legislative concerns regarding the Infectious Disease Prevention and Control Act, its ordinance and enforcement regulations, as well as public statements from the relevant administrative agency. Future improvements are also proposed.

A Study on the Improvement of the Management Reference Tables for Datasets in Administrative Information Systems (행정정보 데이터세트의 관리기준표 개선방안 연구)

  • Lee, Jung-eun;Kim, Ji-Hye;Wang, Ho-sung;Yang, Dongmin
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.177-200
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    • 2022
  • Administrative information datasets are a kind of record produced based on an organization's work performance. A dataset is evidence of the act of recording and contains a lot of information that can be used for work. Datasets have been neglected in Korea's records management system. However, as the law was revised in 2020, the management of administrative information datasets was legislated. Organizations that require management of administrative information datasets have already gradually begun record management. The core of managing administrative information datasets is the preparation of the Management Reference Table for the dataset. Regardless, there is confusion with the Records Management Reference Table for Dataset in institutions that work on records management, and it is difficult to work because the Management Reference Table for Dataset has a new concept. This study looked into the problems in the records management of datasets that appeared at the beginning of work. It isuggests a method to effectively settle records management for datasets. In that way, the Management Reference Table was selected as the research subject, and the problems discussed so far were summarized. In addition, the items of the current Management Reference Table were analyzed. As a result of the study, we have proposed the simplification of items in the Management Reference Table, the reorganization of areas in the Management Reference Table, the introduction of the concept of retention periods, and the preparation process of the Management Reference Table.

THE DEVELOPMENT OF COMMERCIAL REMOTE-SENSING PROGRAMS (상업용(商業用) 원격탐사(遠隔探査)프로그램의 발달(發達))

  • Salin, Patrick A
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.177-206
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    • 1992
  • Commercial remote-sensing is one of the applied fields of space activities which, like telecommunications but to a lesser extent, is in the process of recording a reapid rate of development. Fields of utilization for spatial imagery are numerous: ocean monitoring, crops monitoring, glaciology, meteorlogy, forestry, environmental watch, geology, etc. All those fields of interest could be gathered under the generic name of "earth-watching activities" which is somewhat larger than "remote-sensing." This article aims at presenting to Korean readers the main lines of development of five major players in the field, namely : the USA, France, Japan, Europe and Canada. This is not to exclude the role played by other active players such as the former USSR and other smaller though industrious space powers.

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Issuance of Clean Report of Findings and Rights of Exporters (Clean Report of Findings의 발급과 수출업체의 권리)

  • LEE, Byung-Lak
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.219-240
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    • 2015
  • Developing countries have faced serious difficulties in implementing customs procedures. For example, they have experienced heavy administrative constraints such as lack of qualified personnel and non-computerization. Some importers in developing countries have tried to undervalue or overvalue the imported goods and misclassify them with the target of lowering the incidence of customs duties. In order to address these problems many of developing countries often require the exporter to get a Clean Report of Findings(CRF) issued by a preshipment inspection entity. This study tries to reply to the following questions with which the exporters are faced in the process of issuance of CRF. First, what are the provisions and regulations that the exporters have to note in the event a CRF is issued by the inspection entity? Second, how do the exporters safeguard their own rights in case of price verification? Third, how to protect the confidential business information to be submitted by the exporters in order to get a CRF? Fourth, how can the exporters respond to the improper conducts that the inspection entities have done?

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A Research on Efficient Legislation of the Enforcement Regulation of Management Law of Vehicles focused on Notice Procedure of Specification (국내 자동차관리법 시행규칙상 제원통보 규정의 효율성 제고를 위한 정비방안 연구)

  • Yu, Minsang;Kim, Jaebu;Pyun, Moosong;Ahn, Jounghak
    • Journal of Auto-vehicle Safety Association
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    • v.12 no.1
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    • pp.46-51
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    • 2020
  • Korea is the only country in the world where the regulation of vehicle homologation has been changed from "Type Approval" to "Self-Certification". But there are some regulations that have not been fully changed, so they became double-regulations. In this research, we find out double-regulations in Self-Certification systems focused on "Specification Notice Procedure", and suggest a proposal of amendment to avoid duplication. Through the research, we can reduce unnecessary requirements about homologation, management of vehicle and administrative procedure significantly.

A Study on the legal status about chief of fishing boats (어로장의 법률상의 지위에 관한 연구)

  • Lim, Seok-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.23 no.4
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    • pp.723-733
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    • 2011
  • On the general fishing boat in the same person of the fishing Chief and the Captain, the fishing chief positions are not separately. In this case, in Civil, Criminal and Administrative law, does not cause any problems. Just he take only responsibility for the legal effect of each, this is a natural solution for the effects of laws. But, if make one work unit, the fishing chief take fishing work from the position of the dominant of the captain, and moreover throughout the voyage work commands the captain. Such fishing chief center structure have roots institutive. In the case, according to legal liability by presenting solutions to the problem are as follows : firstly, The legal division Of the Sailing courses and operation course are necessary. Secondly, In the adminstrative ship official law, obligatory acquisition of the fishing Chief marine engineer qualification is necessary.

Prior screening of the advertisement for health functional food (건강기능식품의 표시·광고의 사전심의제와 관련한 문제점)

  • Kim, Jung-Kwon
    • Food Science and Industry
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    • v.51 no.4
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    • pp.325-333
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    • 2018
  • If private discipline replace the strict administrative regulation, fundamental rights of protective essence can be relativized while if may be beneficial for the individual freedom. Assigning the state power to the private organization is equivalent to giving up the practice of individual liberty to the organized authority. It is important to make use of public law mechanism, particularly under the imperfect juristic system. Regarding the prohibition of prior censorship, it is necessary to consider whether it is desirable to prioritize the freedom of speech over the rest of the legal benefit. Apart from this necessity, new advertisement screening mechanism was irreversibly - and controversially - introduced for the health functional food since the unconstitutional verdict of the prior screening of advertisements. With this, the state must secure the broad order through legal regulations and norms in order to freedom of speech and other legal benefit can be harmoniously and practically guaranteed.

A Study on GMO Legal System and the Problems of its Management in China (중국 GMO 법률 운영체계 및 관리정책의 문제에 관한 연구)

  • Yoo, Ye-Ri
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.345-366
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    • 2008
  • The paper analyzes GMO legal system and the problems of its management in China and their suggestions to Korea. GMO has been arising as a principal alternative of grain while grain prices continue to climb. Although there has been concerns about GMO imported from China, it is true that we have not studied on China's legal system and the problems of its management in China. The paper believes that when Chinese government does not manage GMO primarily, we have a high possibility that China's GMO food will access to Korean market at any time, and threaten our health and safety. Hence, it is highly time to analyze how legally China treats GMO and what the problems of its management are. The paper found out problems of China's GMO management in three ways. Firstly, GMO legal system of China is confused and it has limitation of effectiveness. China has no regulations like "a law" to regulate GMO and regulations which exists now are not easy to apply in substance. Secondly, China has no administrative strictness to manage GMO. For example, the regulation which ministry of agriculture in China promulgated in March of 2002 started to use partially since 2003, 7. Thirdly, China, as a nation that administration superiors to, market does not do its roll to control GMO. It relates to the low concerns and care of Chines people about GMO. The paper shows suggestions and countermeasures according to problems of China's GMO management.

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