• Title/Summary/Keyword: Administrative Orders

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A Study on Association between Type of E-commerce and Demographic variables

  • JEONG, Dong-Bin
    • East Asian Journal of Business Economics (EAJBE)
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    • v.9 no.3
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    • pp.83-100
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    • 2021
  • Purpose - The purpose of this study is to comprehensively understand the recent status of domestic e-commerce market and provide useful information for the revitalization of domestic on-line economy. This study looks over the association between type of e-commerce and demographic variables for each purchase ordering and sales order business. The demographics under consideration is administrative district, occupation and business organization type and type of e-commerce is B2B, B2C and B2G to deal with. Research design, data, and methodology - From January 2017 to December 2017, about 14000 samples are extracted from all businesses with experience in purchasing or selling products or services through e-commerce. The association between the two categorical variables considered by using two major statistical techniques such as chi-square test and correspondence analysis can be quantitatively and visually detected. Result - This study shows the association between the type of e-commerce with the administrative district and the occupation is completely different, but B2B and B2C are identical for organization type, with respect to both purchase and sales orders. Conclusion - The association between the type of e-commerce with the administrative district and the occupation is completely different, but B2B and B2C are identical for organization type, with respect to both purchase and sales orders.

Rethinking the Administrative Legislation : Focusing on the Sinking of Sewol (행정입법에 대한 재고 : 세월호 사고를 중심으로)

  • Song, Ji Hoon;Choi, Jeong Min
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.83-92
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    • 2015
  • This study identifies problems of the administrative legislation (or the delegated legislation) by analyzing articles of laws, orders, and ordinances regarding the sinking of Sewol. According to the result, both of Rescue and Aid at Sea and in the River Act and Marine Transportation Act require to be complemented by additional administration legislations. Therefore bureaucrats enacted defective orders and ordinances, which became an institutional background of the sinking of Sewol. In other words, excessive administrative legislations enabled the Marine Rescue and Savage Association to exert exclusive authorities and caused insufficiencies of supervision over the Association and management for safe navigations. They resulted in corrupt relationships between bureaucrats and businesses and eventually brought citizens' lifes in mortal danger. Consequently, specialty of congressmen should be improved to avoid these excessive administration legislations. At the same time, autonomous control of the administration itself should get enhanced to regulate them. The theoretical implication of this study is that problems of the administrative legislation and necessity of the control by the National Assembly, which have been discussed abstractly and normatively, are clarified empirically, and the practical implication is that the institutional background of the sinking of Sewol is clarified and solutions to improve the institutions are proposed.

The Legal Base and Validity of Reviewing Medical Expenses in the Health Insurance (건강보험 진료비심사의 법적 근거와 효력)

  • Kim, Un-Mook
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.137-177
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    • 2007
  • The medical expenses review system in Korea has developed under fee-for-service system with its own unique structure. The importance of reviewing medical expenses has been emphasized, as the size of medical expenditures moving through the health insurance legal context and its weight in the national economy have increased very rapidly. It is, however, analyzed that the feuds and arguments continue among the stakeholders for the lack of laws supporting the medical expenses review system. The medical expenses review is a series of administrative procedures, deciding whether claims from medical care institutions to the insurer are legal and valid or not. It mainly controls the increase of unnecessarily excessive health insurance claim and prevents fraudulent claim and abuse and checks the less use or unsuitable use of medical resources. It also works a function guarantees medical benefits for the appropriate treatment according to the object of health insurance system as a social insurance scheme. The dispute on legal base of the medical expenses review is about the source of law in the medical expenses review. There are the Health Insurance Act and administrative laws as jus scriptum and the guidelines of review as administrative orders. The medical expenses review should reflect various factors, such as the development of medical healthcare technologies, the health expenditures distribution, the financial situation of the health insurance, and the evaluation on the level of appropriate benefits. It is also likely to adapt to the traits of characters of medicine, and trends and transition, Besides it should judge the legality and the validity of medical benefits expenditures by synthesizing these all factors. And the evaluation system of appropriateness of medical benefits was administrative procedure which was consecutive with reviewing the medical expenses system and it was intended to make up for the result of reviewing the medical expenses in more comprehensive levels.

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Understanding Imminent & Substantial Endangerment (ISE) in the U.S. Environmental Laws and Analysis on ISE Uses (미국 환경법의 Imminent & Substantial Endangerment에 대한 이해 및 사례별 분석)

  • Jeong, Seung-Woo
    • Journal of Soil and Groundwater Environment
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    • v.14 no.3
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    • pp.14-21
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    • 2009
  • This study discusses the definition, determination and use of Imminent & Substantial Endangerment (ISE) included in the United States environmental laws. ISE is a contamination situation and statutory authority that state and federal governments issue an administrative order to responsible parties for clean-up. ISE is appeared in all kinds of official government documents such as administrative oders on consent, judicial consent degrees, and unilateral administrative order. In order to invoke ISE authority, the governments should have evidence of each of the following elements; 1) a possible ISE 2) because of actual or threatened release 3) of a hazardous substance 4) from a facility. The determination of ISE relies on detail scientific evidence and documentation in order to demonstrate the existence of conditions that may present an ISE. However, any official protocol or procedure has not been found for determining an ISE, although an ISE order documentation format is suggested by U.S. EPA.

Insect Fauna of Adjacent Areas of DMZ in Korea

  • Kim, Seung-Tae;Jung, Myung-Pyo;Kim, Hun-Sung;Shin, Joon-Hwan;Lim, Jong-Hwan;Kim, Tae-Woo;Lee, Joon-Ho
    • Journal of Ecology and Environment
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    • v.29 no.2
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    • pp.125-141
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    • 2006
  • Insect fauna in adjacent areas of Demilitarized Zone (DMZ) in Korea was surveyed seasonally in $2001{\sim}2003$. The survey area was divided into 3 regions (eastern mountain, middle inland, and western coastal regions) in accordance with administrative districts and topography. Sampling methods such as sweeping, sieving, beating, brushing and suction were used depending on the environmental and military conditions. Total 361 genera and 437 species of 116 families belonging to 14 orders were identified. Among these, 46 species were new to insect fauna of DMZ areas. Species richness was the highest in the eastern mountain region. Numbers of habitat-common and -specific species were 96 (22%) and 195 (47.2%), respectively. The insect species community similarity was highest (0.64) between eastern mountain region and western coastal region. Insect orders showing high species richness were Coleoptera (38.9%), Lepidoptera (19.2%), Orthoptera (9.4%), and Hemiptera (9.2%). These results will be useful information for study of history on the change of insect fauna and future conservation in DMZ areas.

Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

Methods to Introduce Criminal Remedies to Enahnce Effectiveness of Administrative Technology Misappropriation Investigation (기술침해 행정조사의 실효성제고를 위한 분쟁조정 방안 -형사적 구제방안을 중심으로-)

  • Byung-Soo, Kang;Yong-kil, Kim;Sung-Pil, Park
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.53-85
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    • 2022
  • Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

A Simulation Study on a Variant Policy of Inventory Replenishment for the Order Consolidation - A Case of Steel Industry (주문 집약을 위한 재고 변용 모델 연구: 제철산업의 소로트 주문 집약 활용을 중심으로)

  • Jung, Jae-Heon
    • Proceedings of the Korean Operations and Management Science Society Conference
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    • 2005.10a
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    • pp.10-26
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    • 2005
  • In our model, we keep inventory to satisfy uncertain demands which arrives irregularly. In this situation, we have additional two constraints. First, we need to have certain amount of order consolidation (consolidation constraint) for the orders to replenish the inventory because of production or purchase constraint. And also, if we order at a certain date which was set by administrative convenience, we have amount constraint to order the consolidated order demands (capacity constraint). We showed this variant inventory policy is needed in steel industry and note that there will be possible similar case in industry. To deal with this case, we invented a variant replenishment policy and show this policy is superior to other possible polices in the consolidation constraint case by extensive simulation. And we derive a combined solution method for dealing with the capacity constraints in addition to the consolidation constraints. For this, we suggest a combined solution method of integer programming and simulation.

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A Simulation Study on a Variant Policy of Inventory Replenishment for the Order Consolidation : A Case of Steel Industry (주문 집약을 위한 재고 변용 모델 연구 : 제철산업의 소로트 주문 집약 활용을 중심으로)

  • Jung Jae-Heon
    • Journal of the Korean Operations Research and Management Science Society
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    • v.31 no.2
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    • pp.99-112
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    • 2006
  • In our model, we keep inventory to satisfy uncertain demands which arrives irregularly. In this situation, we have additional two constraints. First, we need to have certain amount of order consolidation (consolidation constraint) for the orders to replenish the inventory because of production or purchase amount constraint. And also, if we order at a certain date which was set by administrative convenience, we have capacity constraint to order the consolidated order demands (capacity constraint). We show this variant inventory policy is needed in steel industry and note that there will be possible similar case in industry. To deal with this case, we invent a variant replenishment policy and show this policy is superior to other possible polices in the consolidation constraint case by extensive simulation. And we derive a combined solution method for dealing with the capacity constraints in addition to the consolidation constraints. For this, we suggest a combined solution method of integer programming and simulation.

A Study of Effectiveness of Outpatient Treatment Orders and Compliance with Outpatient Treatment (외래치료 명령제의 실효성과 외래 치료 순응도에 관한 연구)

  • Jang, Seung-Ho;Park, In-Hwan;Lee, Sang-Yeol;Roh, Suhee;Seo, Jeong-Seok
    • Korean Journal of Psychosomatic Medicine
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    • v.25 no.1
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    • pp.46-55
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    • 2017
  • Objectives : Outpatient treatment orders refer to a mandatory social program in which mentally ill persons are ordered by the court to participate in specified outpatient treatment programs. This study aimed to investigate the factors that affect outpatient treatment orders and adherence to outpatient treatment in mental health patients. Methods : A survey on outpatient treatment orders and adherence to outpatient treatment was conducted on 60 psychiatrists between October and November 2016. The questionnaire items were drafted based on a literature review, and they were then evaluated by 3 psychiatrists and 1 law school professor before being finalized. Answers from the respondents were analyzed using descriptive statistics, and the median, maximum, and minimum values of the effectiveness scores of outpatient treatment orders were calculated. Results : Among the 60 psychiatrists, 45(75.0%) were aware of outpatient treatment orders; however, only 2 out of the 45(4.0%) had actually used the program in the last 12 months. The subjective effectiveness was very low, with only 40 points out of 100. Furthermore, of the readmitted patients, 37.7% had received continued outpatient treatment, whereas 53.1% chose to quit the outpatient treatment programs, meaning that the number of dropouts was higher. Among the discharged patients, approximately two-thirds were receiving continued treatment. With regard to follow-up for dropouts, majority of the responses were either "Not taking any action"(n=27) or "Not following up"(n=15). Only two respondents answered "Contact the community mental health promotion center," meaning that this response was very rare. Meanwhile, when asked about efficient measures to be implemented for dropouts, a vast majority of the respondents(n=30) selected the answer "Work with the community mental health promotion center." Conclusions : The outpatient treatment orders currently being administered were found to be ineffective, and the associated adherence to outpatient treatment was also found to be extremely poor. Hence, the effectiveness of the therapeutic interventions could benefit from institutional as well as administrative improvements. Community mental health promotion centers are expected to have an important role in the future.