• Title/Summary/Keyword: Enactment

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Consideration of the Traditional Market-Related Law Revision Plan: Focus on Moranjang in Seongnam (전통시장 관련법 개정 방안에 대한 고찰 : 성남 모란시장을 중심으로)

  • Lim, Jin;Kim, Young-Ki;Lee, Min-Kweon;Kim, Yoo-Oh;Youn, Myoung-Kil
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.37-47
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    • 2011
  • Our distribution industry still lacks legal and institutional supplementary frameworks. Therefore, we urgently need systematic supporting schemes for targeting small merchants, including those in traditional markets. In 2004, the scope of and target for traditional markets took shape through the enactment of the 'Special Act for Nurturing the Traditional Markets'. Though restricted to a single market, it expanded the target and scope to include markets and stores, market improvement districts, and business improvement districts. However, the Special Act for Nurturing the Traditional Markets, the criterion for the revitalization of and support for the traditional market, applies a uniform standard. Accordingly, the Special Act for Nurturing the Traditional Markets has revealed problems, such as the deficit of legitimate ideas about unregistered markets. This study identifies the problems with the Special Act for Nurturing the Traditional Markets. We take the Moranjang case as an example. This study offers the problems new insight. We discuss the problems in terms of their empirical reality. We focus on unregistered markets, which are not protected by law. Most previous studies have applied empirical methods, but this study also provides legal and institutional perspectives on the prospect for efficient outcomes by applying the normative study methods applicable in the field.

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A Study on the Reform of Records and Archives Management System in Japan (일본의 기록관리 제도 개혁에 관한 연구 - 공문서관리위원회의 활동과 국립공문서관의 확충 노력을 중심으로 -)

  • Yi, Kyoungyong
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.3
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    • pp.169-191
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    • 2015
  • The purpose of this study is to examine the driving forces and main contents of the reform of the records and archives management system in Japan from the 2009 enactment of the Public Records and Archives Management Act. The key essentials of the reform can be explained in two ways. First is through the legal system, a multilayer structure of the law and guidelines to the institutional documents management regulations for an effective application to each administrative institution. The other is the Public Records and Archives Management Commission, a deliberative body that guarantees the rigorous application and enforcement of the rules and regulations. One of the remarkable outcomes from the reform is the compulsory creation of minutes of the countermeasure meetings in government agencies related to the Great East Japan Earthquake Disaster, as well as the various significant cabinet meetings through a revision of the Guidelines for Public Administrative Records Management. In addition, the new construction of the National Archives of Japan and its meaning have been examined. It is being pushed ahead, with the active support of the ruling party members, through activities such as research and review meetings for improving the functions and facilities of the National Archives of Japan.

The Recent Trend of the National and International Standard of Manufacturing Quality Control for Diagnostic X-ray Equipment (진단용엑스선장치 제조품질관리에 관한 국내.외 규격의 동향)

  • Choi, In-Seok;Kim, Jung-Min;Jeong, Hoi-Woun;Min, Jung-Whan;Lee, In-Su
    • Journal of radiological science and technology
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    • v.32 no.1
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    • pp.1-15
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    • 2009
  • Newly published IEC 60601-1-3 ; 2008 2nd Edition has two important meanings. First, Radiation Quality and Dose should make sure for safety of patient and staff in manufacturing diagnostic X-ray equipment. Second, it should be minimized of Leakage Radiation, Residual Radiation, and Stray Radiation. The requirement to make enactment or revision of national standard for diagnostic X-ray Equipment is as follows : 1. It should be adjusted the new standard to the recent IEC Publication under the consideration of the Korea medical circumstances. 2. For focus to the Radiation Safety, IEC 60601-1-3 (General requirements for radiation protection in diagnostic X-ray equipment) could be applied to the new regulation. It should be compact sentence. 3. A sudden Notification change should not be desired. It needs a enough time to make easy the circumstances.

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A Critical Review of the Act on Vessel Traffic Services (선박교통관제에 관한 법률에 대한 비판적 고찰)

  • Shin, Dong-Ho;Ji, Seung-Hyun
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.4
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    • pp.336-345
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    • 2020
  • Vessel Traf ic Services (VTS) is a system for ship safety and accident prevention. The International Maritime Organization (IMO), the International Association of Marine Aids to Navigation and the Lighthouse Authorities (IALA) established regulations related to VTS from an early stage. On December 3, 2019, South Korea enacted a special act called the "Act on Vessel Traffic Services (VTS Act)," which will take ef ect on June 4, 2020. In this paper, the background of this act's enactment is examined and its provisions are critically reviewed. In particular, the study intensively examines the reasons the immunity provisions for the VTS operator were removed and the current direction of improvements to the VTS Act is presented in terms of its feasibility. Most countries that do not have an Act related to VTS and its operator, refer to that of Korea. Therefore, it is necessary to reinforce the structures and definition of the VTS Act, as well as the immunity provisions for the VTS operator. The latter were removed during the National Assembly's legislation process, but were included in the initial bill, and should be reflected in subsequent revisions of the VTS Act.

The Design and Implementation of The Amendment Statement Automatic Generated System for Attached Tables in Legislation (법령 내 별표 서식에 대한 개정지시문 자동 생성 시스템의 설계 및 구현)

  • Cho, Sung Soo;Jo, Dae Woong;Kim, Myung Ho
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.4
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    • pp.111-122
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    • 2014
  • Legislation are social norms that give directly or indirectly, huge impact on the social or corporate, personal problems, unlike a normal document. Also, over time it has a feature constantly changing by the laws enactment and amendment, repealed. The amendment statement automatic generated system is used for purpose of proclamation to those. However, existing system is able to generate amendment statement just text body of law how compare and analyze the current legislation and amendment legislation. However, actual legislation to be created attached table of the table form in complex structure besides simple text form as body text. In this paper, we additional implement attached table processing to existing the amendment statement automatic generated system that containing the table does not handle attached table. We were analyse to the amendment statement generated grammar and table structure in attached table of the legislation for processing to attached table. Also proposed a method to compare attached table in the table. So, it is enable the automatic generation with amendment statement which various forms of legislation the documents.

Korean 'Social Welfare' Delivery System and Its Discourse Relation - Historical Formation, Pathway, and Present Issues - (우리나라 '사회복지' 전달체계와 담론적 작용 - 역사적 형성과 경로, 쟁점 -)

  • Kim, Young Jong
    • Korean Journal of Social Welfare
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    • v.69 no.1
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    • pp.175-197
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    • 2017
  • This study aims to analyze the formation of Korean social welfare delivery system and its pathway, from which the pending issues are to be discussed on the organizations and personnel of the delivery system using the word 'social welfare' with its related discourse. Historical institutionalism is chosen as the perspective to explain path-dependent change and critical juncture, and various legislative data are used as the indicative signals for the discourse of 'social welfare'. The results of the study are as follows. First, the term 'social welfare' began to be institutionalized in Korea by the enactment of Livehood Protection Law(1961). Second, the policies by the year 1987 of expanding social welfare center and introducing social welfare professionals as civil servants form a critical juncture which makes the social welfare discourse realized as the institutional realities. Third, until the year around 2014, the system has not changed in the perspective of macro framework. Fourth, currently the system shows several signs of severe turmoil, which might lead to dismantle the system of 'social welfare' discourse. To conclude, this study shows the possibility of explaining organizations and personnel composing the social welfare delivery system by the usage of discourse analysis, treating it as an analytical entity.

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A Study on Improvement and Change Properties of Landscape Construction Standard Specification - Focused on Planting - (조경공사 표준시방서 변화특성과 개선방향 연구 - 식재공사를 중심으로 -)

  • Yu, Joo-Eun;Jun, Jin-Wan;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.1
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    • pp.60-70
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    • 2013
  • This study focused on analyzing classification system, technique methods, quality levels of periodic amendment characteristics in planting of standard specification. Through analyzing the above and comparing with foreign case study, this study suggests the improvement directions. The results improvement directions are as follows. 1. Many kinds of new construction were set up through the amendments of Landscape Standard Specification, but there are still needs to combine some construction categories because of mismatches between upper and lower categories. 2. Although the Landscape Standard Specification was revised to be more concrete, the contents there remains an ambiguous expression. So, standard specification is needed to revise a depth of earth ball or strength of support materials and quantify collect period of topsoil and application time. In addition, standards about following supervisor's instruction should be more detailed or deleted. 3. The standard specification has not been specified despite enactment and amendments reflecting the periodical paradigm and the needs of users, so it is still needed to revise. In addition, quality levels, planting periods, size of earth ball and performance criteria of tree materials are needed to revise. Each specific classification and construction methods were made by amendments of standard specification, but some standards are not clear and concrete. Therefore, the standard specification is needed to revise the classification system, technique methods, and problem deduction of quality levels and proposal of improvement. This study will be reference material when Landscape Standard Specification is revised.

A Study on the System of the Arbitration Act Enforcement Ordinance (중재법시행령(안)의 체계에 관한 고찰)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.3-24
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    • 2014
  • The Arbitration Act of Korea entered into force on December 31, 1999. It was modeled after the UNCITRAL Model Arbitration Law to meet the goal of the internationalization of the arbitration system of South Korea mainly in terms of the System (Alternative Dispute Resolution) Act. In general, a hearing of arbitration is made up of an arbitrator, claimant, and respondent. This is accomplished in a single core. The advantages of arbitration are low cost and confidentiality. In addition, there is the participation of experts and rapidity with a single core agent. However, under the current Arbitration Act, there is no provision expressly relating to the qualifications of arbitrators. This should be accomplished by the arbitration act enforcement ordinance. Following specific details of the 'party' in conjunction with all the provisions of the Arbitration Act, Article 1 should be revised in a timely manner so that "conflict of private law" covers cases in which a dispute between the parties is desirable. In addition, in Article 3 the phrasing of "also dispute 'judicial'" should be revised to over disputes between parties. Furthermore, the provisions of Article 40 are described in the Supplement and so it is preferable to address Supplementary Delete. In addition, this study will analyze ADR in Japan and present a plan to establish a law to resolve disputes outside of court in that country. Therefore, the objective of this study is to assist in the study of legislating fundamental law for alternative dispute resolution. In spite of this, there are many in business and academia who would like to modify the arbitration system in South Korea to improve its function. There is much interest in accomplishing this,so proposals for legislation should continue to be made.In order to accomplish this, the arbitration systems of developed countries such as the United States can be used as a model. It can be seen that despite the idea that the parties involved engage in arbitration autonomously, many elements of the process from the selection of the arbitrator of the arbitral tribunal are specified in legislation and thus it is necessary to develop legislation that will allow arbitration to perform its intended function. Any given arbitral tribunal can be specialized, typically in a case an arbitrator who is an expert in the field is selected. This helps to avoid complaints concerning the results of the arbitration. In the case of international arbitration, however, this provision is often not employed and instead it is necessary to provide a Schedule and Supplement concerning international arbitration. Finally, the promotion of the enactment of the Arbitration Law Enforcement Ordinance must be a top priority in order to ensure proper implementation of the arbitration law.

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Recognition and Experience of Sexual Harassment of Female Teachers in Middle and High School ($\cdot$고등학교 여교사들의 직장내 성희롱에 대한 인식 및 경험)

  • Oh Hee Jin;Koh Hyo Jung
    • Journal of Korean Public Health Nursing
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    • v.17 no.2
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    • pp.238-254
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    • 2003
  • The objective of this study was to provide baseline information useful for developing education programs to prevent sexual harassment in schools. Survey of recognition and experiences of sexual harassment and analysis of factors associated with sexual harassment were conducted. The data were collected using questionnaires from December 9 through 28, 2002. A total of 737 female teachers in Daegu participated in the survey. The data were analyzed with descriptive analysis, ANOVA, and T-test using SPSS /WIN 11.0. The study results were as follows: 1. As to the characteristics related to sexual harassment, $51.3\%$ of the female teachers had no experience of preventive education about sexual harassment, $37.2\%$ of the female teachers perceived that enactment of related laws had little influence on the prevalence of sexual harassment, and $59.8\%$ thought strict punishments are required. For teachers who have experienced sexual harassment in schools, $39.8\%$ thought that they must report to the counseling office or female teachers' meeting. On the other hand, $35.7\%$ answered that they would take passive actions such as talking to their friends or colleagues. 2. As to the mode of sexual harassment, participants regarded physical harassment $(4.06\pm0.78)$ as the prominent forms of sexual harassment, followed by visual harassment $(4.04\pm0.77)$, and verbal harassment $(3.86\pm0.81)$. Among physical harassment. 'touching a body part (shoulder, hip, hand, etc)(4.58) was recognized as prominent forms of physical harassment, while 'blocking one's path or impeding one's movement (3.48)' was recognized as least prominent forms of physical harassment. 3. As to the experiences of sexual harassment, $79.8\%$ of the female teachers had experienced sexual harassment. According to the characteristics of schools. public junior high school $(87.8\%)$, private high school $(83.4\%)$ and bisexual school $(82.5\%)$ had higher rates of sexual harassment. 4. As to the characteristics of experiences in sexual harassment. $65.3\%$ thought that sexual harassment was not serious, but $18.9\%$ thought it was serious and $2.2\%$ thought as very serious. 5. As to the characteristics of sexual harassers, $378.6\%$ were 'colleague teachers' and $8.6\%$ were 'principals and/or vice-principals'. Ninety-three percent of sexual harassers were , male' and $40.2\%$ of them were 'in their 40s'. In most cases. the offender of the sexual harassment was male teachers in the same schools. And more than half of the female teachers replied they had never had any education related to sexual harassment. which means that systematic education is quite urgent.

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A study on the Legislations and Amendments of the Medical and Pharmaceutical Laws and Regulations - Focusing on the Duties of Korean (Oriental) Medicine Doctors and Korean (Oriental) Pharmacists as well as the Public Health System - (한의사·한약사 임무 및 공공제도 중심의 의약법규 제·개정 고찰)

  • Eom, Seok-Ki;Shin, Min-Seop;Kwon, Soon-Jo
    • The Journal of Korean Medical History
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    • v.26 no.2
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    • pp.175-185
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    • 2013
  • Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.