• Title/Summary/Keyword: Legal provisions

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Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

A Study on the Legal and Administrative System of Landscape Architecture of Chosun-Dynasty (조선시대 조경제도의 법적 측면에 관한 연구)

  • 이유직
    • Journal of the Korean Institute of Landscape Architecture
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    • v.20 no.2
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    • pp.76-89
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    • 1992
  • This study is executed to investigate the legal and administrative system of the traditional landscape achitecture of Chosun-Dynasty. To pursuit this purpose, All the Codes established in Chosun-Dynasty were examined thoroughly. In Chosun-Dynasty, the landscape architectural activities were mainly carried out by San-Tack-Sa, Chang-Won-seo in the Ministry of Industry and Sa-Po-Seo in the Ministry of Finance. Stipulated in the text, in the early part of Dynasty, Chang-Won-Seo was composed of 63 personnels and Sa-Po-Seo was about 160 personnels involving servants as well as high-ranked officials. But gradually, the size and importance of organizations were reduced. These three organizations were managing the traditional gardens. But the meaning of traditional garden which was expressed in the Codes was relation to the practical aspect, as if planting flowers or fruit trees and breeding animals. The provisions dealing with landscape architectural activities were very poor. Only the provisions concerning with planting and managing the trees of practical use, governing the silkworm rearing areas and prohibition of timbering and quarrying were stipulated.

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A Study on the Improvements for the Legal Systems Related to the Coneservation of Mountain Ridge Areas - In Case of Hwasung - (능선부 산지보전 관련 제도 개선에 관한 연구 - 화성시를 사례로 -)

  • Choi, Hyung-Seok
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.12 no.5
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    • pp.133-144
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    • 2009
  • This study intends to suggest the improvements for the legal systems related to the conservation of mountain ridge areas. The 4 legal systems directly related to the conservation of mountain ridge areas are reviewed and the current conditions of adaptive reuse of mountain areas and destroy cases in Hwasung are examined. For solving the problems on the basis of the analysis, three proposals for the improvement on legal systems are suggested. First, the integration of present dual legal systems related to adaptive reuse of mountain areas on the assumption that the related criteria and provisions should be amended, second, activation of the legal systems such as natural landscape district and natural landscape review to make up for the laws related to adaptive reuse of mountain areas, third, the enactment and application of the ordinances related with the 'mountain area management law'.

Review of the Applicability of CISG in International E-commerce (국제 전자상거래에서 CISG의 적용 가능성에 관한 검토)

  • Kai-Yu Guo;Taehee Lee
    • Asia-Pacific Journal of Business
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    • v.14 no.2
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    • pp.201-212
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    • 2023
  • Purpose - Internet-based e-commerce is rapidly developing and applied, and e-commerce through Internet technology overcomes the time and space constraints of existing business exchanges and facilitates multinational transactions.At the same time, disputes over e-commerce are increasing.In order to solve these disputes, clear laws should be regulated and regulated. Design/methodology/approach - This paper first studies the development and trend of E-commerce, then studies the legal provisions of CISG, and then combines them to analyze and draw a conclusion. Findings - Since its enactment in 1980, the CISG has been one of the most influential international commercial laws to date, with 95 States parties. It is a very important international agreement and norm that helps maintain and facilitate the settlement of international trade disputes and coordination of international merchandise sales activities. However, CISG, which is most widely used in traditional trade, faces many challenges due to the nature of E-commerce, but after studying the development and trend of E-commerce and the legal provisions of E-commerce, we conclude that CISG can be applied to E-commerce. Research implications or Originality - All the international conventions are the fruit of the efforts of the people, CISG, as one of the most important unitary laws of international trade, can be said to be representative.The analysis of CISG's legal provisions should be combined with the current international e-commerce trade form, so that CISG can be reasonably applied to modern trade disputes.

A Study of Mental Illness Patient Hospitalization System of Mental Health Law : To center the Hospitalization for Legal Guardians (정신보건법상 정신질환자의 입원제도에 관한 고찰 : 보호의무자에 의한 입원을 중심으로)

  • Lee, Sunhee
    • Journal of The Korean Society of Integrative Medicine
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    • v.2 no.4
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    • pp.29-40
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    • 2014
  • Purpose : Analyze the types of hospitalization for mental illness of mental health law, and the contents of hospitalization for legal guardians. Method : Review the previous studies from the provisions and academia of the current legislation such as the Mental Health law and the Habeas Corpus law conducting research. Result : Mental health law and habeas corpus law appears the problem in terms of current legislation. The problem of the scope and priorities of legal guardians, and the period of hospitalization, and economic issues appear in the mental health laws. Conclusion : must a lively discussion for the development of hospitalization for legal guardians. also necessary to switch the social awareness for mental illness patient.

A Study on the Complement of Stand Agreement System for the BlM Implementation (BlM실행을 위한 표준계약체계 보완에 관한 연구)

  • Kim, Yong-Hee;Choi, Jong-Chon;Kim, Khil-Chae
    • Journal of The Korean Digital Architecture Interior Association
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    • v.9 no.1
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    • pp.83-90
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    • 2009
  • Building Information Modeling (BIM) has the great possibility of transforming the AEC industry. BIM will require increased information exchange and mutual collaboration between all stakeholders. BIM implementation and such increased collaboration can affect legal issues and contract provisions. And some legal issues accompanying BIM Implementation will be raised while a large change also comes in responsibility and role between all stakeholders. However, current standard agreement system is based on fragmented agreement between the architect and the owner, and between the owner and the contractor. Another legal obstacles and considerations associated with BIM implementation will be arose from BlM technology and use of BIM. AEC professionals in Korea have long utilized the standard agreement forms as well and look forward complementation of current standard agreement for BlM implementation. Such complement direction for the standard agreement will be examined by investigating the legal issues and overview comparison between AlA E202 and ConsensusDOCS 301.

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International Comparison of Anti-Discrimination Laws on Disability (장애에 관한 차별금지법 국제비교)

  • Ju, Youngha
    • Journal of Digital Convergence
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    • v.19 no.12
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    • pp.469-475
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    • 2021
  • The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

International Arbitration and Forum Selection Agreements (법정지선택합의(法定地選擇合意)와 중재계약(仲裁契約)의 적용범위(適用範圍))

  • Kim, Sung-Hoon
    • Management & Information Systems Review
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    • v.9
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    • pp.165-177
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    • 2002
  • The purpose of this comparative study is to compare and evaluate international arbitration and forum selection agreements. Recent decades have seen an unparalleled expansion of global trade and investment. Business enterprises of every description ann find themselves entangled in legal proceedings with foreign companies or government entities. Thus, the costs of these proceedings and the consequences of losing are often substantial. Almost, every international commercial controversy poses a critical preliminary question - 'where, and by whom, will this dispute be decided?' the answer to this question often decisively affects a dispute's eventual outcome. It can mean the difference between winning and losing. between de minimis damages and a multimillion dollar award. The same dispute can have materially different outcomes in different forums. Because of the importance of forum selection, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent in international commercial disputes, and can offer a substantial measure of partisan advantage. as a consequence, it is almost always advisable to include a contractual dispute resolution provision in any international contract. These provisions typically take the form of : (1) forum selection clauses, or (2) arbitration agreements.

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A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • v.24 no.1
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.