• Title/Summary/Keyword: Legality

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DEVELOPMENT OF LEGALITY SYSTEM FOR BUILDING ADMINISTRATION PERMISSION SERVICE BASED ON BIM

  • Inhan Kim;Jungsik Choi
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.593-600
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    • 2009
  • In Korea, the government has developed SEUMTER, an administration system for building related public service, to facilitate and promote the electronic submission and permission activities. SEUMTER is progressing legality system based on 2D drawing for building administration permission service. However, there are a lot of problems related to legality system owing to complexity of Korea regulation relation and structure, inefficiency of legality system based on 2D drawing, duplication examination of document (soliciting forms for civil affairs) and drawing. Therefore, the purpose of this study is to develop legality system for building administration permission service based on BIM in Korea. To achieve this purpose, the authors have investigated permission procedure and regulation structure that is used in current building administration permission and suggested permission procedure and regulation structure for legality system based on BIM. In addition, the authors have investigated element technologies (for examples, method of structured regulation, BIM model checker, Viewer, etc) for legality system based on BIM. Finally, the authors have suggested strategy and hereafter direction for application of legality system based on BIM.

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Fostering Public Cooperation with the Police : Testing the Impact of Police Legitimacy

  • Kim, Hyo Jin;Jung, Woo Yeol;Lee, Soo Chang
    • International Journal of Advanced Culture Technology
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    • v.4 no.4
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    • pp.38-44
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    • 2016
  • The purpose of this study is to examine the impact of police legitimacy on public cooperation with the police. This study consists of obligation to obey, moral alignment, and legality of police actions as factors of police legitimacy. This research employs a survey questionnaire to evaluate the police legitimacy and public cooperation with the police. The number of subject of the study is 354 citizens residing in Daegu metropolitan city and some cities of Gyeongsangbuk-do province. The study employs a multi-regression analysis to investigate the effect of the three factors of police legitimacy on public cooperation with the police. The effects of the three key factors of police legitimacy- obligation to obey, moral alignment, and legality of police actions-on public cooperation with the police are significant; specifically, legality of police actions is shown to be more effective for nurturing public cooperation than the rest of these factors. The findings also have some implications for how Korean police can foster better relationships with citizens in the communities.

Study on Private Security Ideology (민간경비 이념에 관한 연구)

  • Seo, JinSeok
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.207-213
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    • 2013
  • As the axis of the private security maintain social order in order to achieve the original purpose of all society must move in the direction of motion, and so in order to be a private security based philosophical values and ideological composition should be based. In this process, to be followed by private security value or direction, philosophy private security is the norm. In this regard, this study pursued by the private security justification ever truly normative principles are intended to establish. The public nature of the ideology of private security, public, efficiency, legality, responsiveness and the like. Conflict occurs between the value of these ideals, although complementary are in harmony.

Questioning the Legitimation of Indonesian Sustainable Palm Oil Certification in Independent Smallholders Inside Company Concession Areas

  • Widyatmoko, Bondan
    • SUVANNABHUMI
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    • v.10 no.1
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    • pp.117-147
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    • 2018
  • Only a few researchers highlighted the implementation of Indonesian Sustainable Palm Oil (ISPO) certification. These neglected the importance of analyzing the different trajectories of the relations of production in Indonesian palm oil development. As a result, there is a prevailing doubtful attitude on ISPO legitimation. This paper aims to identify how independent smallholder pilot projects give meaning to ISPO legitimation and implementation. It explores production relations in a smallholder community, focusing on land ownership, the formation of a cooperative, and response capability in cases of failure. This paper reveals that the project brought greater understanding to the community with regards to sustainability, as well as strengthened cooperation between the company and the cooperative. This, despite the community's confronting the same problems of land legality as other independent farmers, as the community is located inside the company concession (Hak Guna Usaha, HGU).

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THE PROBABILISTIC METHOD MEETS GO

  • Farr, Graham
    • Journal of the Korean Mathematical Society
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    • v.54 no.4
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    • pp.1121-1148
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    • 2017
  • Go is an ancient game of great complexity and has a huge following in East Asia. It is also very rich mathematically, and can be played on any graph, although it is usually played on a square lattice. As with any game, one of the most fundamental problems is to determine the number of legal positions, or the probability that a random position is legal. A random Go position is generated using a model previously studied by the author, with each vertex being independently Black, White or Uncoloured with probabilities q, q, 1 - 2q respectively. In this paper we consider the probability of legality for two scenarios. Firstly, for an $N{\times}N$ square lattice graph, we show that, with $q=cN^{-{\alpha}}$ and c and ${\alpha}$ constant, as $N{\rightarrow}{\infty}$ the limiting probability of legality is 0, exp($-2c^5$), and 1 according as ${\alpha}$ < 2/5, ${\alpha}=2/5$ and ${\alpha}$ > 2/5 respectively. On the way, we investigate the behaviour of the number of captured chains (or chromons). Secondly, for a random graph on n vertices with edge probability p generated according to the classical $Gilbert-Erd{\ddot{o}}s-R{\acute{e}}nyi$ model ${\mathcal{G}}$(n; p), we classify the main situations according to their asymptotic almost sure legality or illegality. Our results draw on a variety of probabilistic and enumerative methods including linearity of expectation, second moment method, factorial moments, polyomino enumeration, giant components in random graphs, and typicality of random structures. We conclude with suggestions for further work.

Legal review on essential business of hospital business (병원사업에 있어서 "필수유지업무"에 관한 법리적 검토)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.343-405
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    • 2009
  • This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

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Legal Issues in Application of the ISPS Code under Marine Cargo Insurance (해상적하보험에서 국제선박 및 항만시설 보안규칙의 적용상 법률적 쟁점)

  • Lee, Won-Jeong;Yoo, Byung-Ryong
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.307-316
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    • 2014
  • In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

Analyzing Article 85(Penalty) in the Construction Technology Promotion Act based on the Principle of Legality (죄형법정주의에 입각한 건설기술 진흥법 제85조(벌칙) 고찰)

  • Kim, Eunbae;Lee, Hyun-Soo;Park, Moonseo;Son, Bosik
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.1
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    • pp.119-127
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    • 2016
  • Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

The Government Organization Act and the Desirable Government Structure in the 21st Century (21세기 바람직한 정부조직과 정부조직법)

  • Sung, Nak-In
    • Journal of Legislation Research
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    • no.44
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    • pp.241-281
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    • 2013
  • First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.

A Study on the Copyright for the Digital Data (디지털자료에 대한 저작권적 해석에 관한 연구 - 코퍼스를 중심으로 -)

  • 남영준
    • Journal of the Korean Society for information Management
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    • v.14 no.1
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    • pp.161-181
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    • 1997
  • The purpose of this paper is to analyze the legality of the restructuring and the using of the library data by corpus, the linguistic analysis data. In the process of the analysis, the definition of corpus is tried and its possible application areas are mentioned. It is also proved how its applications are related to the copyright. In addition the problems in the present interpretations of the copyright for the library materials are analyzed in terms of to be read by machine rather than to be read by mankind, especially when the data is stored in the forms of the digital data.

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