• Title/Summary/Keyword: Compliance with the law

Search Result 157, Processing Time 0.049 seconds

Review and Suggestion for Waste Transfer Stations in Seoul (서울시 생활폐기물 적환장 운영실태 분석 및 제언)

  • Yoo, Kee-Young
    • Journal of the Korea Organic Resources Recycling Association
    • /
    • v.24 no.4
    • /
    • pp.21-29
    • /
    • 2016
  • This study was conducted to review Waste Transfer Stations(WTSs) in Seoul, especially focusing on three aspects, main roles, neighbor friendly and regulation compliance, and to draw out recommendation for improvement. The 46 units of all 65 WTSs treated large amount of waste on a day shipping-out schedule, the other 19 WTSs treated small amounts of wastes which were transported after 3~30 days stock. About 57% of WTSs are located in residential or commercial area. Other 57% of WTSs were open without walls. 79% of WTSs were placed alone. Just 17% of WTSs were permitted as environmental infrastructures by urban planning law, and 31% of WTSs were operated by private waste haulers who were permitted by waste management law. Most WTSs in Seoul seemed to go well with on-going policy demand, such as regionalizing waste treatment facilities, expanding waste recycling, and so on. However lots of WTSs did not implement sufficient environmental protection measures, and partly not compliant with regulations related to urban infrastructures. In the future, the issue on sealing facilities and integrating functions of waste management facilities could be considered in order to fit in urban environment.

A Study for the Airworthiness Certification Criteria and Compliance Related to the Flight Control Law (비행제어법칙 감항인증 기준 설정 및 입증 연구)

  • Koh, Gi Ok;Ko, Joon Soo;An, Young Gab
    • Journal of the Korean Society for Aeronautical & Space Sciences
    • /
    • v.41 no.7
    • /
    • pp.569-576
    • /
    • 2013
  • The Airworthiness Certification from the government has an increasingly important role due to the dramatic growth of military aircraft development industry. It is a mandatory process of qualifying the flight safety within the aircraft's operational boundaries throughout its life cycle. The introduction of airworthiness certification has resulted in development paradigm shift from one requirement for one consumer need to the common requirement for many needs. This research paper provide the refinement of airworthiness certification criteria related to the flight control law and the verification methods which comply with its criteria.

A Study on Problems and Improvement Measures of Occupational Safety and Health Law Policies in Korea: Focused on Administrative Rules and Guidelines (산업안전보건법정책의 문제점과 개선방안 - 행정규칙과 행정지침을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
    • /
    • v.28 no.1
    • /
    • pp.18-34
    • /
    • 2018
  • Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

A Study on the Standard for Automatic Exchange of Financial Account Information (정기 금융정보교환을 위한 조세조약 이행규정 고찰)

  • Ryu, Hae-Young;Chae, Soo-Joon
    • Asia-Pacific Journal of Business
    • /
    • v.8 no.2
    • /
    • pp.31-39
    • /
    • 2017
  • Countries around the world have been engaging in automatic exchange of information to tackle tax evasion. The same goal became the basis of the enactment of the Foreign Account Tax Compliance Act (FATCA) by the United States Congress. In order to establish a common approach to counter tax evasion among different countries, the Organization of Economic Cooperation and Development (OECD) released the Standard for Automatic Exchange of Financial Account Information in Tax Matters which consists of the Competent Authority Agreement (CAA) and the Common Reporting Standard (CRS). Specifically, the automatic exchange of information is the exchange of financial account information between Tax Authorities in relevant countries. The law requires this information to be collected by financial institutions around the world for reporting to Tax Authorities. Automatic exchange of Information is made up of two information sharing frameworks: The Foreign Account Tax Compliance Act (FATCA) and The Common Reporting Standard (CRS). Under the automatic exchange of information, all financial institutions must identify accounts held by customers who are foreign tax residents or entities connected to foreign tax residents. Financial institutions must report these to the relevant Tax Authority who will then automatically exchange the account information with the relevant foreign Tax Authorities. Korean government has enacted domestic laws to require financial institutions to collect and report this information and has entered into international agreements to exchange the information with other governments. This paper analyzed the FATCA and CRS rules overall and proposed solutions for the legal and practical issues. This paper contributes to the existing literature on the automatic exchange of information by considering two information sharing frameworks.

  • PDF

Identification of Compliance Function for Early-Age Concrete Based on Measured Strain & Thermal Stress Histories (변형률 및 열응력 이력 계측을 통한 초기재령 콘크리트의 컴플라이언스 함수 추정)

  • Oh, Byung-Hwan;Shin, Joon-Ho;Choi, Seong-Cheol;Cha, Soo-Won
    • Journal of the Korea Concrete Institute
    • /
    • v.15 no.5
    • /
    • pp.662-669
    • /
    • 2003
  • Recently, the serviceability and durability of concrete structures under thermal load have received great attention. The thermal stress and clacking behavior of concrete at early ages are one of the important factors that affect such serviceability and durability of concrete structures. Nevertheless, most studies on the behavior of early-age concrete have been confined to the temperature and strain development itself in the laboratory. The desirable efforts to explore the material properties of concrete at early-ages have not been made extensively so far. The purpose of the present study is, therefore, to identify some important material properties that affect the stress behavior of concrete at early-ages. To this end, full-scale concrete base-restrained wall members have been fabricated, and many sensors including thermocouples, strain meters and stress meters were installed inside of the wall members. These sensors were to measure the development of temperatures, strains and stresses at several location in concrete walls during the hardening and curing phase of early-age concrete. By using these measured values of strain and stress, the compliance function at early-age was identified. The basic form of compliance function derived in this study follows the double-power law. However, the results of present study indicate that the values of existing compliance functions are much lower than actual values, especially at very early-ages. It can be seen that the prediction of stresses of early-age concrete based on the proposed compliance function agrees very well with test data. The present study allows more realistic evaluation of varying stresses in early-age concrete under thermal load.

Accounting Information System, Internal Control System, Human Resource Competency and Quality of Local Government Financial Statements in Indonesia

  • SUMARYATI, Anna;PRAPTIKA NOVITASARI, Eka;MACHMUDDAH, Zaky
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.7 no.10
    • /
    • pp.795-802
    • /
    • 2020
  • This study seeks to determine the effect of the application of accounting information system (AIS), internal control system, and human resource (HR) competency on the quality of local government financial statements (FS). This study uses agency theory and compliance theory. Agency theory is used to explain that there is a link between the society as the principal and the government as the agent. Compliance theory is a theory, which states that every agency is obliged to comply with regulations because the law-drafting authority has the right to dictate behavior. The population in this study were employees of the financial division of local government organizations in one of the districts in Central Java, Indonesia. The total samples in this study was 106 respondents. The data used are primary data taken from distributing questionnaires to respondents. The method of analysis used to test the hypothesis was multiple linear regression analysis. The results of hypothesis testing indicate that HR competency has an effect on the quality of FS; however, the application of AIS and internal control system has no effect on the quality of FS. The implication of this research underlines the importance of HR competency to improve the quality of local government FS.

A Study on Speed Limit Rules under Sailing Regulations - Focusing on the Perspective of VTS Control - (항법상 속력의 제한규칙에 관한 고찰 - VTS의 관제 관점에서 -)

  • Chong, Dae-Yul
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.28 no.2
    • /
    • pp.254-261
    • /
    • 2022
  • Every vessel shall proceed at a safe speed to avoid collision. Additionally, every vessel shall comply with the speed limit rules in the territorial water and internal waters of Korea. The VTS operator shall properly control the compliance of the vessel with the safe speed and speed limit rules. Safe speed under the COLREG 1972 is not explicitly stipulated in knots. However, under the Domestic law for traffic safety-specific sea areas, etc., the speed limit is specified in knots and complied with. This speed limit rule is mainly based on the 'speed made good over the ground'; however, in some places, it is based on the 'speed making way through the water'. In this paper, I analyzed marine accidents that occurred in the past 5 years and the rate of violation of speed limits. Furthermore, I reviewed safe speed under the COLREG 1972, speed limit rules under domestic and foreign laws, and cases of non-compliance with safe speed in the judgment of the Korea Maritime Safety Tribunal. Resultantly, I suggested in this paper that the speed limit rules in the domestic law must be observed by vessels to prevent marine accidents, and the rules which are stipulated in terms of 'speed making way through the water' must be revised as 'speed made good over the ground' such that the vessels can easily comply with them and the VTS operator can control the vessel properly.

Main Differences of Warranties under Marine Insurance Contract - with Comparisons between U.K., U.S. and Korea - (국제무역 계약상 해상보험의 담보에 대한 주요 차이점 -영국, 미국, 한국의 비교)

  • Pak, Myong-Sop;Han, Nak-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.44
    • /
    • pp.111-180
    • /
    • 2009
  • According to English law, in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure to be insured. However, Unites States law affords the implied warranty of seaworthiness a great deal of latitude. In the case of voyage policies, it has been traditionally held that the assured is bound not only to have his vessel seaworthy at the commencement of the voyage but also to keep her so, insofar as this can be achieved by himself and his agents, throughout the voyage. Additionally, a defect in seaworthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss consequent to such bad faith, or want of prudence or diligence; but does not affect the insurance contract in reference to any other risk or loss covered by the policy, and which is not caused or exacerbated by the aforementioned defect. One of the most important areas of difference in the marine insurance contract between the U.K. and U.S. is the breach of warranty. Prior to the Wilburn Boat case, the MIA was thought to hold that the effect of a breach of warranty was similar under American law -in that under the general maritime law literal compliance with all promissory warranties is required. In this case, the Court concluded that state law should apply to a marine insurance policy, and found that there was no federal rule addressing the consequences of a breach of warranty in marine polices. However, it is of the utmost importance that this case brought to a close the imperative concordance between English and American law. Meanwhile, in relation to marine insurance contracts in Korea, this insurance is subject to English law and practice;, additionally, the international trade volume between Korea and the United States has assumed a vast scale. Therefore, we believe it is important to understand the differences in marine insurance law between the two countries in terms of marine insurance contracts, and most specifically warranties.

  • PDF

Health Behavior and Attitude of Residents toward the National Health Promotion Law in Kyungsan City (지역주민과 건강행태와 국민건강증진법에 대한 인식과 태도)

  • 이관희;박재용;한창현;윤석옥
    • Korean Journal of Health Education and Promotion
    • /
    • v.16 no.2
    • /
    • pp.19-40
    • /
    • 1999
  • In order to ascertain the attitudes of residents to their health and the National Health Promotion Law, surveyors interviewed 1,220 subjects, 1% of men and women in Kyungsan city, who were twenty-year-old or more. The major findings are as follows: Men and women were 48.2% and 51.8%, respectively. The recognition rate of enacting and enforcing this law is 59.2% of men and 51.3% of women. With regard to the behavioral attitude to the health in the distinction of sex and age, current smokers are 31.2% of the interviewees, 61.6% of the men and 3.3% of the women. Current drinkers are 35.1%, 59.5% of the men and 12.3% of the women, but on the other hand there is little significance in the distinction of age. The acknowledgement proportion of enacting and enforcing this law is 59.2% of male and 51.3% of female. In terms of the recognition rate of the contents according to the general characteristics of interviewees, it appears that the indication of a warning expression on a packing paper of cigarette case and a liquor bottle is 92.4% and also the designation of a smoking free area in public facilities is 94.8%. Prohibition of cigarette-sale to the teenagers who are under 19, is 96.0%. Considering these facts, the recognition rate is high. On the contrary, 48.8% is accounted for encouraging a medical check-up before marriage which is in a low position. As a result of multiple behavior as a independent educational level, marital significant variables. In case of having undergone a periodic medical examination the recognition rate was high whereas frequent exercise led to the low recognition rate. Concerning the details of the undertaking in accordance with each factor of general characteristics, the greater part of them have been appraised successfully whether it is recognized or not. On the other side, no effect got answered about the result of the undertaking subjects to general and peculiar behavior attitude towards health was in effect or not. A great majority approved of more reinforcement of legal regulation about smoking and drinking regardless of whether they perceived the details of the law of promotion of National Health Promotion Law or not. Additionally there was significant difference in reinforcing legal regulation of smoking and drinking in compliance with the attitude of the substance of this law. With regard to education, public relations and evaluation about national health through public health centers by our government, the younger and the higher in education they are, the more deficient they feel. First of all, those who were aware of the enforcement of this law as well as plenty of scarcity answered that better service of disease prevention had to be expanded than ever. In consideration of the above-stated results, the education to public health and the business of public relations should be reinforced and a practical campaign for health life should also spread out for the purpose of encouraging to practise healthy life-style.

  • PDF

A Study on Fair and Equitable Treatment in International Investment Agreements (국제투자협정상 공정하고 공평한 대우에 관한 연구)

  • Kim, Yong-Il;Hong, Sung-Kyu
    • Journal of Arbitration Studies
    • /
    • v.22 no.3
    • /
    • pp.187-213
    • /
    • 2012
  • The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

  • PDF