• Title/Summary/Keyword: Legislation requirements

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A Study on the Prescriptions of American Codes for Straw Bale Structures and the Legislation Direction of Korean Straw Bale Code (미국 짚단벽구조 법규 분석 및 국내의 법제화 방향 연구)

  • Kim, Jeong-Gyu
    • KIEAE Journal
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    • v.9 no.2
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    • pp.91-98
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    • 2009
  • The purpose of this study is analyzing the prescriptions of American codes for straw bale structures and proposing the legislation direction of Korean building code. The process of this study is as follows: (1) To set up the legislation direction of straw bale code of Korea, this study investigated the current state and features of straw bale houses in Korea, and looked into the worldwide status of straw bale codes and permitting. (2) To provide basic data for the legislation of Korean straw bale code or guideline, this study analyzed American codes for straw bale structures like the Tucson/Pima County Arizona Building Code Appendix Chapter 72 - Straw-Bale Structures, California State Guidelines for Straw-Bale Structures, New Mexico Standards for Non-load Bearing Baled Straw Construction, Oregon State Residential Code Appendix M - Straw-Bale Structures and so on. The analysis items are the scope of rule application, material specifications, requirements for straw bale walls/foundations and construction requirements. (3) On the base of analysis of American straw bale codes, this study proposed the legislation process and direction of Korean straw bale code and guideline.

Actual Conditions and Improvement Strategies regarding the Nursing Workforce in Public Health Centers (보건소의 간호인력 실태와 개선 방안)

  • Han, Young Ran;Yang, Sook Ja
    • Journal of Korean Public Health Nursing
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    • v.31 no.3
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    • pp.421-435
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    • 2017
  • Purpose: Public health centers (PHCs) provide a variety of healthcare services according to the Regional Public Health Act (RPHA). We aim to analyze the changes in public healthcare services according to the legislation and the number of public health nurse (PHN) involved in the service, and propose an alternative to effectively distribute the public health nursing workforce for protecting the health rights of people. Methods: This is a review study that deduced the results from literature review. Results: During the revision of the PHC law to the RPHA, several services were added. Health related laws have forced the PHCs to provide services for these legislations. Consequently, the workload on the PHNs has been increasing. However, the PHNs have been consistently lacking. In 2017, there are 16.2 full-time nurses per center. Furthermore, About 50% of the PHCs are not meeting the minimum requirements of licensed or qualified health professional workforce outlined in 1997. In addition, 43% of the nurses in the PHCs are part-time nurses. Conclusion: We suggest that the minimum requirements of health professional workforce should be modified to reflect the increase in the workload of PHNs, and a legislation to enforce PHCs to fulfill these requirements is needed.

A Study on Legislative Approaches for Introducing Coordinated Vulnerability Disclosure(CVD): Focusing on the Information and Communications Network Act (보안취약점 협력대응제도(CVD) 도입을 위한 법제화 방안 연구: 정보통신망법 중심으로)

  • Taeseung Lee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.34 no.4
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    • pp.781-799
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    • 2024
  • Recently, the US and EU have been institutionally introducing and promoting Coordinated Vulnerability Disclosure(CVD) to strengthen the response to security vulnerabilities in ICT products and services, based on collaboration with white-hat hackers. In response to these changes in cybersecurity, we propose a three-step approach to introduce CVD through the Information and Communications Network Act(ICNA). In the first step, to comprehend the necessity and requirements for legislating CVD, we survey the current situation in Korea and the trends of CVD in the US, EU, and OECD. In the second step, we analyze the necessity for legislating CVD and derive the requirements for its legislation. In this paper, we analyze the necessity for legislating CVD from three perspectives: the need for introducing CVD, the need for institutionalization based on law, and the suitability of the ICNA as the legislation. The derived requirements for CVD legislation include the establishment and publication of Vulnerability Disclosure Policy(VDP), legal protection for white-hat hackers, and designation and role assignments of coordinator. In the third step, we introduce approaches to apply the requirements for CVD legislation to the ICNA, which is the law governing prevention and response to cybersecurity incidents in private sector.

Some Thoughts on Recent Family Policies Designed to Prevent Divorce in the United States of America: With Special Regard to the Marriage License and the Covenant Marriage (이혼예방을 위한 최근 미국 가족정책에 관한 소고 -결혼허가증제도 및 서약결혼제도를 중심으로-)

  • 김혜선;박희성
    • Journal of Families and Better Life
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    • v.19 no.2
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    • pp.13-21
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    • 2001
  • The purpose of this study is to examine the Marriage Preparation and Preservation Act adopted in Florida which require premarital counseling and covenant marriage laws of Louisiana and Arizona among many kinds of family policy which recently are designed to prevent divorce in the United States of America. Most of states in the U.S. require the marriage license prior to having a marriage ceremony. Covenant marriage legislation has admirable motives to strengthen marriage and cure the defects of the no-fault system. In that legislation, the imposition of waiting period for the no-fault ground of divorce, proof of fault requirements, consent requirements, and mandatory course or counseling attendance will likely serve as deterrents to those seeking divorce as a first resort. To sum up, by offering preventive measures in the form of premarital counseling and waiting period before marriage, covenant marriage will force couples entering marriage to carefully consider their actions before they act and prevent broken marriages in the first place. In response to rising divorce rates, the Koreas family policy has put its emphasis of fixing social problems accompanied with family dissolution. Rather, this study suggests that attention in Korea also should be shifted from broken marriages to preventing them.

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A Study on the Method of Legislation on Withholding or Withdrawing of LST -In relation to the introduction of adult guardianship- (연명치료 중단의 입법화 방안에 관한 연구 - 성년후견제도의 도입과 관련하여 -)

  • Lee, Eun-Young
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.203-249
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    • 2009
  • It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST (Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. Everyone has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in the discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients' autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adultguardianship. In the meantime, the adult guardianship of the legislative bill of amendment to the Korean Civil Law is related to the withdrawing of LST, since the main purpose of adult guardianship is to protect patients' quality of lives and to regulate guardianship contracts based on patients' autonomy. In that context, it seems reasonable to incorporate the legislation of withdrawing of LST into the adult guardianship system. In the latter case, it is not easy to adopt the withdrawing of LST into the legislative bill of the Korean Civil Law for the bill is pre-announced already as previously stated. However, the legislation of withdrawing of LST is not inferior to the legislation of adult guardianship as a matter of urgency. Moreover, it is likely that the legislative bill of Amendment to the Korean Civil Law generates discrepancies in interpretation of the requirements & procedure of withdrawing of LST as the amended German Civil Law did. In short, it is desirable for the legislator to revise the legislative bill despite delay.

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Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

Uncertified Facility (BSL 2 plus): Its Journey through Life for Preparations and Setting up, Compliance with Biosafety Regulations, Implementation, and Registration of the Facility with the Ministry of Health, Singapore

  • Tun, Tin;Sim, Xander
    • Korean Journal of Clinical Laboratory Science
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    • v.53 no.1
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    • pp.68-80
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    • 2021
  • An uncertified facility is a facility not certified, as defined in the Biological Agents and Toxins Act (BATA) in Singapore, but has met the requirements of the Ministry of Health to possess First and Fifth Schedule biological agents and toxins. This type of facility is also known as a Biosafety Level 2 Plus (BSL 2+) facility. Registration as an uncertified facility or a BSL 2+ facility requires a certain process and procedure to be sought with the Biosafety Branch of the ministry. This review, shares first-hand knowledge on the journey to achieving registration of the authors' facility. The procedure involved considerable preparation, setting up facility requirements, biosafety precautions, procedures and practices, and training and competence of laboratory users. The ministry conducted a thorough onsite facility audit to ensure that the facility requirements and biosafety procedures and practices were in place. It then issued an approval letter of possession for the first-time use of biological agents and registered the laboratory as an uncertified facility. The expectation is that the comprehensive information shared may be of great benefit to other facilities with similar interests.

A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation

  • Annan, Joe-Steve;Addai, Emmanuel K.;Tulashie, Samuel K.
    • Safety and Health at Work
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    • v.6 no.2
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    • pp.146-150
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    • 2015
  • Occupational health and safety (OHS) is a broad field of professional practice, which involves specialists from different disciplines including but not limited to engineers, occupational health physicians, physical and biological scientists, economists, and statisticians. The preventive systems required to ensure workers are protected from injuries and illnesses dwell heavily on engineers; however, the extent to which the engineer can go regarding planning and implementing preventive measures is dependent on specific legal requirements, leadership commitment from the company, organization, and nation. The objective of this paper is to identify the areas of opportunities for improvements in OHS management in Ghana with regard to the nation's legal requirements, commitment of the Ghana government, and Ghanaian leadership as well as appropriate structuring of Ghanaian institutions responsible for monitoring and managing OHS in Ghana. This paper identified Ghana's fragmented legal requirements concerning OHS, which are under different jurisdictions with unclear responsibilities and accountabilities. The paper also highlights the training needs of Ghanaian academic institutions regarding OHS. Among other recommendations made including structuring of Ghanaian institutions to manage OHS in line with the ILO-OSH 2001, this paper aligns the recommendations with the articles and elements of International Labour Organization convention number 155 and OHSAS 18001 elements.

A Study on International Convention on Oil Pollution Preparedness, Response and Co-operation for Domestic Legislation (유류오염 대비.대응 및 협력에 관한 국제협약의 입법론적 고찰)

  • 황석갑
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 1998.04a
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    • pp.128-155
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    • 1998
  • Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

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A Hierarchical Solution Approach for Occupational Health and Safety Inspectors' Task Assignment Problem

  • Arikan, Feyzan;Sozen, Songul K.
    • Safety and Health at Work
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    • v.12 no.2
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    • pp.154-166
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    • 2021
  • Background: Occupational health and safety (OHS) is a significant interest of all governments to prevent workplace hazards. Although appropriate legislation and regulations are essentials for the protection of workers, they are solely not enough. Application of them in practice should be secured by an efficient inspection system. Fundamental components of an inspection system are inspectors and their audit tasks. Maintaining the fair balanced task assignment among inspectors strictly enhances the efficiency of the overall system. Methods: This study proposes a two-phased goal programming approach for OHS inspectors' task assignments and presents a case study. Results: The solution approach gives the balanced assignment of inspectors to the workplaces in different cities of the country in the planning period. The obtained schedule takes into account the distances covered by the work places and the number of the workplaces' employees to be audited and pays attention to the human factors by considering the preferences of the inspectors. The comparisons between the obtained optimal schedule and the implemented one that is produced manually show that the approach not only maintains the technical requirements of the problem, but also provides social and physical balance to the task assignment. Conclusion: Both the approach and the application study are expected to offer fruitful inspirations in the area of safety management and policy and they provide a good guide for social policy and organizational aspects in the field of OHS inspectors' task assignment.