• Title/Summary/Keyword: Conflicts of Laws

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A Study on the Changes in Legal Definition of Medicinal Products in the Relevant Laws and Regulations (의약품 관련 법규상 개념 정의의 시행연혁에 관한 소고)

  • Eom, Seok-Ki
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.1
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    • pp.23-41
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    • 2014
  • Objective : The purpose of this study was to lay the groundwork for understanding the details and scope of the legal definition of medicinal products, following the changes in the relevant laws and regulations. This will let readers properly understand the origins of the ongoing conflicts on herbal drugs and new drugs from natural products that are present in the medical field and the medical industry. Possible solutions are proposed in the end. Method : I analyzed the changes in definition of medicinal products since 1945 that have been used in relevant laws and regulations(i.e. Pharmaceutical Affairs Act) and drug approval process(i.e. New Drug Application and Investigational New Drug Application). Results : Legal definition of medicinal products has changed in accordance with the changes in the pharmaceutical industry, such as the establishment of dualistic medical and pharmaceutical System and the introduction of the substance patent. Due to those changes, boundaries of Western medicinal products and health food expanded, while those of herbal medicine products relatively downscaled. Conclusion : Legal definition of medicinal products-i.e. Herbal Drugs, Crude Drugs, and New Drugs from Natural Products-should be reestablished according to academic legitimacy and dualistic medical and pharmaceutical System.

A Comparative Analysis of Accommodation Sharing Legislation of Platform Businesses in South Korea and OECD Countries

  • LEE, Eun Joo;CHO, Yooncheong
    • The Journal of Industrial Distribution & Business
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    • v.13 no.5
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    • pp.1-14
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    • 2022
  • Purpose: This study investigated the legal issues and policies on accommodation sharing based on qualitative research and examined how OECD societies establish laws and regulations to legalize accommodation sharing and prevent adverse effects. The purpose of this study is to contribute to the understanding of the different laws and regulations at both the country and city levels and to help better manage accommodation sharing in our society. The ultimate goal of this study is to enhance citizen understanding of platform businesses to minimize unnecessary conflicts. Research design, data and methodology: This study conducted a qualitative research by exploring laws and regulations in OECD countries. This study performed comparative analysis of accommodation sharing business' legislation, legal definitions, and operational policies that citizens should necessarily understand for better usage. Results: Local ordinances and regulations developed differently based on the situations of local markets and communities, so they are established and improved at the city or country level. Conclusions: Each government should consider preparing better policy on accommodation sharing by considering how to secure the housing market for residents with better establishment of new platform businesses and relationships with citizens. This study suggests policy reactions to government as policymakers, guests, hosts, platforms, and communities.

The Strategy of Russia's Political Elites to Maintain Dominance Through the Overhaul of Electoral System (선거제도 개편을 통한 러시아 정치 엘리트의 지배력 유지 전략)

  • Siheon Kim;Seho Jang
    • Analyses & Alternatives
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    • v.7 no.1
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    • pp.7-43
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    • 2023
  • This study examines and identified a series of strategies of Russia's political elites to maintain and strengthen their dominance by reviewing the case of revisions in the election laws of Russia in 2014. At that time, a mixed-member electoral system was newly introduced, and on the surface, it seemed that the new system was a step toward meeting the demands of the people for "enhanced democracy". However, in 2016 and 2021, the ruling party of Russia won the general elections by making the most of the factors that could distort the election results inherent in the mixed-member electoral system. Therefore, this study aimed to analyze whether the revision of election laws was a mere vehicle used by the ruling party, United Russia, to maintain its political power, or whether it was a leap forward to achieve democracy. The study result indicate that the revision of election laws in 2014 was part of the policy responses to the internal conflicts in the circle of Russia's political elites, which had been rising since 2008, as well as to the public resistance. In other words, it was confirmed that the revision of election laws was one of the measures taken to "minimize competition" and "reproduce political power on a stable basis".

A Study on the Local Education Autonomy System in the United States in relation to the Educational Superintendent

  • Jong-Ryeol, Park;Sang-Ouk, Noe
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.2
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    • pp.191-200
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    • 2023
  • The U.S. education policy making and execution process, in which residents can directly participate as members of state or local boards of education, without entrusting a small number of experts to decide on issues of sharply intertwined political interests, can be presumed that it played a role in preventing conflicts and disputes that may arise due to differences of opinion or differences in the interpretation of laws and regulations between subjects. Such a consensus system in the United States suggests a supplementary point to the local education administration system in Korea, where conflicts between various educational entities are occurring because of the current excessive dependence on one superintendent of education.

The Theoretic Approach of the New Policy (Autopoiesis) for Development of Stakeholder-Oriented Multidimensional Convergence Healthcare Industry (사용자 중심의 다차원적 융복합헬스케어산업 발전을 위한 새로운 정책(Autopoiesis)의 이론적 근거와 방향)

  • Lee, Hyung Bae;Lee, Tae Gon;Ryu, Gyu Ha;Lee, Kyu-Sung
    • Journal of Biomedical Engineering Research
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    • v.38 no.4
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    • pp.205-210
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    • 2017
  • The convergence healthcare industry in Korea has been stalled due to conflicts between stakeholders as well as a supplier-centered industry structure. This situation is caused by the structural contradiction in which the Korean industry has a prolonged conflict structure among stakeholders due to a strong regulation and an institutional inertia from the viewpoint of the sociotechnical system. Therefore, it is necessary to identify new system management plan that enhances social acceptability such as laws, customs and ideas while reducing conflicts between stakeholders. In this study, mainly adapting the stakeholder-oriented autopoiesis and focusing on publicness of healthcare, we propose the rationale and direction for policy making to harmonize various systems within the convergence healthcare industry.

Comments on the Fifth Jurisdiction under the Montreal Convention 1999

  • Zengyi, Xuan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.195-225
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    • 2009
  • One of the most significant additions to the Warsaw Convention liability system, brought about by the coming into force of the Montreal Convention 1999(MC 99), was the creation of the new so-called fifth jurisdiction, whereby an Article 17 action for damages for passanger bodily injury or death only, may be brought at the option of the claimant/plaintiff. The fifth jurisdiction-the pernanent residence of the passenger at the time of the accident,provided that the carrier has a specified business presence in that jurisdiction-was one of the provisions of MC99 that provoked the most debate at the Montreal Conference leading to the adoption of MC99. Some scholars in China fear that the fifth jurisdiction will be abused after the MC99 came into force to China in 2005. The present article argues that the fifth jurisdiction would not be abused as long as such international private doctrines as forum non-conveniens are applied by the trial court appropriately. The article also points out that the challenge before the legislative body of China is to amend the civil aviation law and other related laws so that to solve the conflicts among the laws and meet the obligations provided by the MC99.

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High-rise buildings in the general direction of the Fire Safety Management Study (초고층 건축물 소방안전관리의 기본방향에 관한 연구)

  • Choe, Man-Cheol;Kim, Byeong-Seok
    • Proceedings of the Safety Management and Science Conference
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    • 2011.04a
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    • pp.79-93
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    • 2011
  • Unlike a general building high-rise buildings itself has a kind of risk. In this study, the risk of a number of high-rise buildings have fire safety management of the particular risks associated with looking for ways to minimize focused. Theoretical Study of the United States since the collapse of the WTC buildings, and be the center of the authentic country was. outside of the high-rise building fire safety and related issues, and measures were based on the theory of reference. Issues include voluntary arson. disaster management, building codes and fire regulations of the discrepancies, such as fire safety aspects are explained in terms of three kinds, and for it to take steps in the direction suggested an alternative for high-rise buildings. Although differences of opinion between departments will not be easy to fire and building regulations regarding conflicts of laws among other things, require immediate resolution, and high-rise buildings to create a standard for effective crisis management manual countermeasures will also be ensured.

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A Study on the Revitalization of the Private Subsidy for Environmentally Friendly Aquaculture (친환경양식어업육성 민간보조사업의 활성화 방안)

  • Kim, Kuk-Ju
    • The Journal of Fisheries Business Administration
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    • v.50 no.4
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    • pp.45-57
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    • 2019
  • Effective implementation of private subsidy projects requires comprehensive expertise in the aquaculture and construction sectors to be provided to private subsidy operators, local government officials and others involved in budget execution and settlement. Due to the strengthening of laws and systems related to the execution of state subsidies since 2015, the efficient implementation of private-sector grant projects has been difficult for delays in projects, cancellations, and conflicts with local governments from lack of prior awareness and understanding of related regulations. It is expected that the government will be able to activate the project by analyzing the current status and problems of each phase of project implementation for improving quality internalization of the project effects, as well as quantitative growth of the private sector subsidy project for environmentally friendly aquaculture development projects.

A Research on Legal Risk Prevention of Chinese enterprises' FDI in China-Japan-Korea FTA

  • SU, Shuai;ZHANG, Fan
    • The Journal of Economics, Marketing and Management
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    • v.7 no.4
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    • pp.6-9
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    • 2019
  • Purpose - This research mainly studied with the promotion of "one belt and one road "initiative's strategy and the construction of China, Japan and South Korea Free Trade Zone, China exports urgently needed industrial products to Japan and South Korea, which will not only help digest excess industrial capacity, optimize China's industrial structure, but also promote the economic development of Japan and South Korea. Research design, data, and Methodology - The study conducted a survey on 2018 year new revision of China-Korea Japan's data. Results -This study shows that In this process, multinational enterprises, as pioneers of economic development, play an irreplaceable role. However, due to the differences between laws of different countries and their own corporate culture concepts, enterprises in different countries will inevitably encounter various conflicts in the process of development. Conclusions -This requires our enterprises to have awareness of legal risk prevention in the process of development, and to study the corporate culture of relevant enterprises to truly achieve win-win cooperation.

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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