• Title/Summary/Keyword: Enforcement System

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Characteristics of the Chinese Civil Procedure System and Enforcement of Interim Measures in Arbitration and Arbitration Awards in China (중국 민사소송제도의 특색과 중재절차에서의 임시적 처분 및 중재판정의 집행)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.161-199
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    • 2019
  • As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

Study of the Effect of the Point-to-Point Speed Enforcement System Using a Comparison-Group Method (비교그룹방법을 이용한 무인구간속도위반단속시스템 설치 효과 분석)

  • Yun, Il-Soo;Park, Sung-Ho;Oh, Bong-Sik;Oh, Young-Tae
    • International Journal of Highway Engineering
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    • v.13 no.4
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    • pp.177-185
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    • 2011
  • In order to reduce traffic accidents at long road sections involving high risks of traffic accidents, including tunnels, bridges or curves, the National Police Agency have decided a tentative installation and operation of an automated point-to-point speed enforcement system based on cameras at January, 2007. The first system was established at the direction to Kangreung of Dunnae Tunnel at December, 2007. Currently, the automated point-to-point speed enforcement system operates at 11 sections including eight sections on expressways and three sections on national highways. However, there have been few researches on the effects of the system upon the reduction of traffic accidents in a scientific way. To this end, this research effort was initiated to evaluate the effect of the automated point-to-point speed enforcement system on traffic safety by comparing the number of traffic accidents before and after the installation of the system using a comparison-group(C-G) method. Three-year-long traffic accident data for the expressways were collected in order to evaluate the system. As a result, the installation of the system was found to reduce traffic accidents by 49.97% in average.

The Study on the Recognition of Diagnosis Related Group in Healthcare Workers (포괄수가제 확대시행에 따른 의료기관 종사자의 인지도 조사)

  • Park, Ji-Kyeong;Lee, Ko-Eun
    • The Korean Journal of Health Service Management
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    • v.7 no.4
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    • pp.243-257
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    • 2013
  • This study was conducted in order to survey in healthcare worker's recognition of diagnosis related group(below; DRG) effect from July 1, 2012, to examine their recognition, expectation of the DRG system, and to provide the basic data necessary for the enforcement of the settlement. The subjects of this study were workers at clinics and hospitals sampled from hospital with DRG applying 7 diseases in Busan and Kyung-nam. A questionnaire of survey was conducted with the subjects working at clinics and hospitals from July, 25, 2012 to September 7, 2012, and the subjects were limited to doctors, officers, nurses, medical technicians and nurse assistants, and a total of 618 subjects were enrolled in this study. In the result of this study, generally, the healthcare workers recognized the DRG system. But their knowledge about that was not clear. Expanding enforcement DRG system at the present time, to provide accurate information to the healthcare consumer, workers need to know about DRG system clearly. To this end, for national health policy and medical institutions, workers should be educated constantly about providing medical service as well as the duty of enough explanation about the healthcare consumer's right to know.

A Study on Introduction to the Highway Lane Usage Violation Enforcement System (고속도로 차로통행방법 위반단속체계 구상)

  • Lee, Ki-Young;Lee, Don-Ju;Chang, Myung-Soon;Kim, Tae-Ho
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.8 no.3
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    • pp.42-51
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    • 2009
  • Korean government is managing a system that appoints various type of cars into lanes based on the number of lanes. The institution has been abolished and enacted time and again. This paper analyzes ten sections of express way to clarify the efficiencies of the system. The result shows that violation rate and the number of accident have a positive correlation. This paper suggests regulation of violating cars and controlment by perceiving car registration number for efficient operation of the institution.

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A Study on the Changes and Recognition and Enforcement of Foreign Arbitration Awards System in China (중국 중재제도의 새로운 발전과 외국중재판정 승인 및 집행에 관한 연구)

  • Park, Kyu-Yong;Xu, Shi-Jie
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.49-70
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    • 2015
  • There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

Comparison of Pharmacist and other Healthcare Professionals License Examination in Korea (국내 약사 및 의료인면허 국가시험 제도 비교)

  • Yoo, Bong Kyu
    • Korean Journal of Clinical Pharmacy
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    • v.23 no.1
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    • pp.71-76
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    • 2013
  • Background (Purpose): The objective of this study was to investigate regulations on pharmacist and other healthcare professional license examination in Korea. Specific aim was focused on the implementation of new regulatory system governing pharmacist license examination particularly on naming of the subjects, method of the examination, and discrimination of pass or fail. Method: Laws and regulations of Korea on the examination system were retrieved from sources posted in Ministry of Government Legislation. Results: Two major regulatory differences were found between pharmacist and other healthcare professionals license examination systems. Firstly, the regulation on pharmacist license examination was ruled by the enforcement ordinance of parent law (Pharmacy Law) while it was ruled by enforcement regulation of parent law (Medical Law). Secondly, minimum grade requirement for pharmacist and other healthcare professionals was differently set up: 40% for each single subject in pharmacist and average of 40% for each group of several subjects in other healthcare professionals. Conclusion: Since pharmacist profession has drastically changed from drug-makers to drug-users during the recent decades, it is desirable to have the regulations on pharmacist license examination system amended in harmony with other laws and regulations of Korea and other major developed countries. Two-step examination for pharmacist license appears worthwhile to implement for balancing the two key functions of the pharmacist being drug-makers and drug-users.

The Economic Analysis of the Determination of Optimal Management Measures and Level of Control in Fisheries Management (불완전 어업관리의 합리적 관리수단 및 규제수준의 결정에 관한 경제학적 분석)

  • 이상고;김도훈
    • The Journal of Fisheries Business Administration
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    • v.33 no.2
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    • pp.31-48
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    • 2002
  • This paper is aimed to analyze how to evaluate the choice of optimal management measures and level of control in fisheries management under the costly and imperfect management system by comparing with costless and perfect management system that is commonly assumed in the analysis of fisheries regulations. Fishermen would set the level of fishing efforts at the point where the marginal fishing profit for fishing effort is equal to the marginal level of fine under costly and imperfect management system. Therefore, under the case where the marginal fishing profit is higher than the marginal level of fine, the level of fishing efforts would be made at the point which is higher than the level of fishing efforts made under costless and perfect management system and is not a point where the economic profit is maximized in regulated fisheries. From this conclusion, the fishermens avoidance activities against regulations as well as the level of control in fisheries management substantially have an influence on the choice of fisheries management instruments. According to the analysis of optimal fisheries management policy, the economic profits in regulated fisheries are determined by the level of fisheries enforcement costs and total fishing profits, in which as enforcement costs increase the economic profits decrease. In addition, the economic profits vary in response to the level of control in avoidance activities. That is, as avoidance costs decrease, the economic profits increase. The determination of optimal level of control in fisheries management should be made at the point where the marginal regulation costs are equal to the marginal profits from regulated fisheries, in which marginal regulation costs are different according to the type of management measures. And the level of profits changes in response to different levels of avoidance activities. The management measure that can maximize the difference between the marginal regulation costs and marginal profits from regulated fisheries should be chosen as an optimal fisheries management instrument.

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Recognition or Enforcement of Domestic Arbitral Awards Under the German Civil Procedure Act (독일민사소송법상 국내중재판정의 승인 및 집행 -「독일민사소송법」 제1060조 규정의 내용을 중심으로-)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.43-68
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    • 2020
  • The "arbitration" system resolves disputes through judgments on rights relations or claims between disputed parties by judging by private trial, but it does not have organizational and material bases to execute the contents of these judgments. Therefore, unless the parties succeed in voluntarily surrendering to the results of the arbitration award, the implementation of the award will be accomplished by the enforcement of the assistance of the National Court. However, unlike the court's ruling, the arbitration tribunal does not generate enforcement power from the judgment itself, and it must be filed with the court for execution. In this regard, Germany provides for arbitration proceedings in the Civil Procedure Act Volume 10. In particular, Article 1060 governs the approval and enforcement of domestic arbitral awards. Accordingly, the procedure for declaring the feasibility of domestic arbitration proceedings and the execution of forced execution are commenced. Regarding the enforceable declaration of a domestic arbitral award, it differs from the simpler process requirements compared to the procedure in a foreign arbitral award, and usually has the same effect as a final judgment between the parties without a separate approval procedure. However, the arbitration award does not constitute an enforceable power that can be implemented, but is enforced through the national court's declaration procedure. However, if there is a ground for cancellation as provided for in Article 1059 (2) of the German Civil Procedure Act, the arbitral award is canceled and the application for enforcement is dismissed.

Awareness of Nutrition Labeling by Female Consumers in Northern Area of Kyonggi-Do (경기도 북부지역 여성 소비자의 영양표시제도에 대한 인식)

  • Im, Hyun-Seul;Kim, Hyang-Sook
    • Korean Journal of Human Ecology
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    • v.5 no.2
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    • pp.173-186
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    • 1996
  • The purpose of this study was to investigate consumers' utilization and satisfaction of the current food labeling system, their awareness of the nutrition labeling and its necessity, and their acceptance of the future enforcement of nutrition labeling. Questionnaires were distributed to 500 adult female consumers in Northern area of Kyonggi-do. Out of 402 questionnaires collected 358(89.1%) were analyzed using SAS computer program. The findings of this study were as follow: First, in the aspects of consumers' utilization and satisfaction of the current food labeling system, although they payed much attention to the food labels when they purchased food goods, the degree of their satisfaction in food labels was low. Among items in food labels they payed more attention to the expiration date, the date of production, and the name of manufacturer. However, the current food labeling system does not offer sufficient and reliable informations to consumers. Second, in the awareness of nutrition labeling and its necessity, majority of consumers appeared not to have seen the nutrition labeling in food products either domestic or imported. However, 93% of respondents answered that nutrition labeling is necessary. Third, in terms of the consumers' acceptance of enforcement of nutrition labeling, they were affirmative in bearing the increased costs, and their expectation to the beneficial effects of enforcement of nutrition labeling was stronger than worrying about the disadvantages or side effects of it.

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Analytic Hierarchy Process for Prioritizing Radiation Safety Measures in Medical Institutions

  • Hyun Suk Kim;Heejeong Jeong;Hyungbin Moon;Sang Hyun Park
    • Journal of Radiation Protection and Research
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    • v.49 no.1
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    • pp.40-49
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    • 2024
  • Background: This study aimed to prioritize policy measures to improve radiation safety management in medical institutions using the analytic hierarchy process. Materials and Methods: It adopted three policy options-engineering, education, and enforcement-to categorize safety management measures, the so-called Harvey's 3Es. Then, the radiation safety management measures obtained from the current system and other studies were organized into action plan categories. Using the derived model, this study surveyed 33 stakeholders of radiation safety management in medical institutions and analyzed the importance of each measure. Results and Discussion: As a result, these stakeholders generally identified enforcement as the most important factor for improving the safety management system. The study also found that radiation safety officers and medical physicists perceived different measures as important, indicating clear differences in opinions among stakeholders, especially in improving quality assurance in radiation therapy. Hence, the process of coordination and consensus is likely to be critical in improving the radiation safety management system. Conclusion: Stakeholders in the medical field consider enforcement as the most critical factor in improving their safety management systems. Specifically, the most crucial among the six specific action plans was the "reinforcement of the organization and workforce for safety management," with a relative importance of 25.7%.