• Title/Summary/Keyword: Legislation requirements

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A study on improvement of legislation for the safety fishing operation of the coastal and offshore fishing vessels (연근해어선의 안전조업을 위한 법제 개선방안)

  • Seung-Hyun LEE;Yun-Cheol LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.2
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    • pp.172-180
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    • 2023
  • Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

International Legislative Trends on Responsible Business Conduct (RBC) and its Implications on Policy (기업책임경영(RBC)의 국제입법동향과 정책적 시사점)

  • AHN, Keon-Hyung;JOE, In-Ho;KWON, Hee-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.199-224
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    • 2017
  • As Multi-National Enterprises expanded their investments to foreign countries, numerous controversies and disputes arose from their negative impacts, such as violations of human rights and damage to the environment of the host countries. In response, International Organizations such as the OECD have considered various ways to prevent these negative impacts and search for more efficient dispute resolution methods. It is recognized that the OECD Guideline is one of the tools they created for this purpose. The OECD Guideline is contrastable from Corporate Social Responsibility (CSR) initiatives which are regarded as a corporation's charity activities apart from their core business functions. However, Responsible Business Conduct (RBC) like the OECD Guideline can be understood as a concept moving forward from CSR, due to its requirements that corporations carry out their duties in a responsible manner within the field of their core business, such as tax, global supply chain or consumer protection. RBC which is binding in nature, has even been implemented through legislation in developed countries such as the USA, France, Switzerland, and the UK. The discussion in Korea, however, has not reached that level. Discussions for legislation center singularly on CSR efforts, with a dialogue only recently forming around the topic of legislation concerning RBC. Small and medium sized enterprises (SMEs) who lack certain financial and other resources to adequately develop RBC initiatives may find this more obstacles to implementation through legislated RBC, than if it were presented in Korea through other means. It's necessary to admit that RBC is a critical issue in international business. However, time is required to consider its application directly to SMEs.

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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.

Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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Legislation on Aid in Dying in France (조력사망에 관한 프랑스의 입법 동향)

  • Jieun Lee
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.193-222
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    • 2024
  • From a global trend, discussions on the patient's death with dignity are gradually progressing from the issue of withdrawal of life-sustaining treatment to the issue of whether to allow assisted death and its requirements. Several states in the United States and Western European countries such as Canada, Belgium, and the Netherlands have institutionalized treatment to accelerate the time of death through the assistance of doctors. In France, after a long period of raising and reviewing issues, discussions on related legislation are taking place at a slower pace than in other European countries. In France, social discussions and legislative attempts on death with dignity have been actively conducted since the late 20th century. The Leonetti Act of 2005 prohibited the continuation of meaningless treatment against the will of patients, and after the Clay-Leonetti Act of 2016, it was legalized to administer intensive and continuous sedatives to patients until death. However, unlike many neighboring European countries, treatment that speeds up the time of death itself is still prohibited in France, even if the patient wants. As the existential and universal question of whether to allow dying patients to die painlessly with the help of a doctor has recently emerged as an important issue, a number of lawmakers have submitted legislation to legalize assisted death. This paper examines the legislative process developed in relation to patients' rights to dignified death in France, and compares and reviews French legislation that attempts to legalize assisted death with the amendment to the Korean Life-Sustaining Treatment Act.

Land Based Test of Ballast Water Treatment System by Ozonation

  • Park, Sung-Jin;Yoon, Seung-Je;Kim, In-Soo
    • Journal of Advanced Marine Engineering and Technology
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    • v.34 no.3
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    • pp.383-390
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    • 2010
  • This study is currently giving priority to developing the ship's ballast water treatment system using ozone (Ozone BWTS). The Ozone BWTS was tested in a full scale land-based mobile barge to evaluate performance according to the IMO G8 Guidelines. Test cycles using the mobile-barge were conducted in seawater and brackish water in the vicinity of the Port of Busan and Nakdong River, Republic of Korea. All tests were conducted according to the requirements of the G8 Guidelines. Test results show that the Ozone BWTS meets the Ballast Water Performance Standard contained in Regulation D-2 of the IMO Ballast Water Management Convention, as well as all of the operational, safety, and environmental testing requirements of the G8 Guidelines, as required for type approval of IMO. The study results show that the Ozone BWTS is capable of meeting the Ballast Water Performance Standard under Regulation D-2 of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, and also the more stringent standards being proposed under US legislation.

Technologies Analysis based on IoT Security Requirements and Secure Operating System (IoT 보안 요구사항 및 보안 운영체제 기반 기술 분석)

  • Ko, Jae-Yong;Lee, Sang-Gil;Kim, Jin-Woo;Lee, Cheol-Hoon
    • The Journal of the Korea Contents Association
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    • v.18 no.4
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    • pp.164-177
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    • 2018
  • As the market for IoT devices grows, it is expected that the scale of malware attack will be considerable. Accordingly, the improvement of related legislation has been actively promoted, the recently strengthened Information and Communication Network Act was enforced. Because IoT related accidents can lead to not only financial damages but also human accidents, IoT device Security has been attracted a great deal of attention. In this paper, IoT devices provide essential security functions through legal and technical perspectives, and analyze related technologies. This can be used to a reference for the Start-up developer and IoT device designer.

A study on the efficient management of the railway safety regulation which uses system engineering tools. (SE도구를 이용한 철도안전규정의 효율적 관리 방안)

  • Hong Seon-Ho;Wang Jong-Bae;Cho Yuen-Ok;Hong Yong-Ki;Park Ok-Jung
    • Proceedings of the KSR Conference
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    • 2004.10a
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    • pp.250-257
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    • 2004
  • Typical railway systems are composed of the various sub-systems, such as tracks, structures, electricity supplying systems, signal systems and vehicles. The roles of the sub-systems are clarified in the railway regulations in terms of their whole life cycle, as like design, operation and disposal stages. The regulations express clearly the basic specifications and requirements that need to accomplish their own performance and also state the standards and procedures for the normal operations and emergency conditions. In this paper the current railway regulation systems are analyzed and average revision periods are presented as the results of the analysis on revision history of railway safety regulations. This paper also presents the requirements for national safety standards based on Railway Safety Act and the necessity of application of system computer aided system engineering (CASE) tool for the improvement of legislation tasks. By exemplifying the cases of high speed rail system and Japanese cases that had developed softwares for supporing regulation revision management, the methodologies was studied for reconstruction of railway safety regulation system. As the results, it was presented such as the considerations for actual implementation and systematic safety regulation revision.

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A Study on Universal Design Guideline of the Urban Railway Station: Transit Zone (도시철도 역사 환승구간의 유니버설 디자인 기준에 관한 연구)

  • Kang, Byoung-Keun;Lee, Ju-Yeon
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.22 no.2
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    • pp.35-44
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    • 2016
  • Purpose: Recently, Universal design has been applied to a variety of concepts of social integration in the national legislation and institutions, however, the applying to urban railway station is not satisfied. Most of cases, the handicapped can not work continuously, universal design must be provided. Methods: This study derives the detailed criteria through comparing and analyzing an national and international universal design-related system in transit zone. And the status is investigated in transit zone of domestic urban railway station. Improved national standard requirements are derived considering the type of the handicapped and universal design principles. Result: The domestic status shows that the most lacking entry criteria is not specified in national standards or the design is a lowest-level required by criteria through comparing detailed criteria drawn into domestic analysis. Therefore, in order to provide a pedestrian environment to meet the universal design principles and requirements for the handicapped, there is a need to re-establish with a specific national standards. Implications: This study will draw on universal design standards for seamless transfer in transit zone of urban railway station. The next studies are needed to target the overall paths ranging from outside to landing in urban railway station.

A Study on the Executive Models of the Professional Practice Education Program (건축설계 실무교육 도입을 위한 교육프로그램 연구)

  • Cho, Sung-Yong;Kim, Dong-Hyun;Jeon, Young-Hoon
    • Journal of the Korean Institute of Educational Facilities
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    • v.19 no.2
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    • pp.13-19
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    • 2012
  • Under the WTO, UIA asks professional degree programs such as B.Arch program, practical experience, and an examination to meet the international requirements. In this context, we are started professional degree programs. Following the foundation of KAAB, Korean architectural education sectors have made substantial changes throughout the nation. There was lots of discussions about education system, however, we are lack of discussing about internship program in Korea. Therefore, this research was intended to review the professional practice program in other countries for the purpose of propose our education program. The specific content deals with various issues, like CPD and foreign architect legislations, and the recent korean legislation reform of 'Architect Law' centered upon Professional Training System. The aim is to identify the examples of forms and contents regarding the execution of new Professional Training System in current conditions.