• Title/Summary/Keyword: Special Act

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An Analysis of the Floor Vote on the Gadeokdo New Airport Special Act: Voting Decisions and Waffling (가덕도신공항 건설을 위한 특별법 본회의 표결 분석: 의원의 투표결정과 와플링(waffling))

  • Ka, Sangjoon;Kang, Sinjae;Park, Minkyu
    • Korean Journal of Legislative Studies
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    • v.27 no.2
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    • pp.71-109
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    • 2021
  • The purpose of this study is to find out what factors influence lawmakers' voting decisions in the plenary session. In particular, the study examines causes and characteristics of waffling and strategic waffling, which express opposition or abstention in a discharge petition or a vote at the plenary session despite participating in a bill sponsorship. The study on waffling is meaningful because it has not been covered in previous literatures. To this end, the Gadeokdo New Airport Special Act, which the National Assembly passed in February 2021, was set as an analysis target. The study examined the factors that affected legislators' voting decisions and participation in bill sponsorship and who were related with waffling. Statistical results showed that the age variable influenced the motion of the bill while seniority and party affiliation had an effect on the participation of the bill. Likewise, the study found that party affiliation and district had an influence on the approval of the bill. In addition, the analysis of waffling showed that lawmakers with higher seniority tended not to participate in the vote. It could be interpreted that lawmakers with more legislative experience judged that they would benefit from strategic waffling. There is a limit to understanding lawmakers' decision-making and waffling through a limited analysis of the Gadeokdo New Airport bill. However, given that lawmakers tend to choose avoidance strategies in ambiguous situations, and given the high intelligence of lawmakers who know better than anyone about the future impact of a new bill, the decision-making shown by lawmakers in each stage of the situation is a prudent judgment gained from their experience. It indicates that it is necessary to research the legislative activities of lawmakers in various ways.

A Study on the Investigation of Special Safety Health Training System and Countermeasures in Construction Industry (건설업에서 특별안전보건교육제도의 문제점 및 대책 연구)

  • Kim, Seung-Han;Bang, Myung-Seok
    • Journal of the Korea Safety Management & Science
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    • v.16 no.1
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    • pp.29-35
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    • 2014
  • The purpose of this study is to investigate the problem on safety and health training system in Occupational Safety and Health Act(OSHA) and to find countermeasures to improve it in the construction industry. The questionary survey was done on aiming at tracing the legal drawbacks of safety and health training system. The questionary was prepared to target on site workers, management supervisors, and safety supervisors in various construction sites. After analyzing the answers from the survey, realistic and optimal countermeasures on derived problems were proposed. These should be included on the next revision of OSHA.

A Study on the Feasibility of the Espionage Charges for the Industrial Technology Divulgence (산업기술의 해외유출행위에 대한 간첩죄 처벌 타당성 연구)

  • Kim, Hang-Gon;Lee, Chang-Moo
    • Korean Security Journal
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    • no.57
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    • pp.253-275
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    • 2018
  • Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

A Study on Correlation Analysis between Venture Investment and Start-up (벤처투자와 창업과의 상관관계 분석 연구)

  • Lee, Hyun-Keun;Lee, Chang-Ho
    • Journal of the Korea Safety Management & Science
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    • v.15 no.3
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    • pp.171-175
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    • 2013
  • It has passed 10 years to enact 'Act on Special Measures for the Promotion of Venture Businesses.' With 10 years' data book, we study to find the correlation between venture investment and start-up. According to correlation analysis, we find that venture investment and start-up are strong and positive-related, and the increment of investment can contribute to the increment of start-up.

ON SOME OPEN PROBLEMS OF MAHMOUDI AND RENSHAW

  • Qiao, Husheng;Wei, Chongqing
    • Bulletin of the Korean Mathematical Society
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    • v.51 no.4
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    • pp.1015-1022
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    • 2014
  • This paper continues the investigation of covers of cyclic acts over monoids. Special attention is paid to (P)-covers and strongly flat covers of cyclic acts. In 2008 Mahmoudi and Renshaw posed some open problems and we gave some examples on them in 2012. In this paper, we obtained some further results on these problems and hence gave some deeper answers to them.

Evaluation System for Health Functional Food in Korea

  • Choung, Se-Young
    • Proceedings of the PSK Conference
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    • 2003.04a
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    • pp.96-98
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    • 2003
  • 1. Standard and regulations for functional food evaluation cases form overseas (1) Japan For food function indication, Food Nutrition Improvement Act was amended in September 1991 and they managed functional food after setting specific health food in one of classification of special functional foods. For manification of raw material usage, the classification of health functional foods was performed by their application on: the control of internal organ status, cholesterol, blood pressure, mineral absorption, and prevention of dental caries. (omitted)

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The Legislative Process of Special Act on Seoul Metropolitan Air Quality Improvement and Problems to be Solved (수도권대기환경개선에 관한 특별법의 입법과정과 향후과제)

  • 하종범
    • Journal of the korean Society of Automotive Engineers
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    • v.26 no.2
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    • pp.58-65
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    • 2004
  • 우리 수도권은 선진국 주요도시에 비해 미세 먼지는 1.7∼3.5배, 이산화질소는 1.7배 수준에 육박할 정도로 대기오염도가 심각한 수준이나 현행 대기환경보전법은 지자체별 사후농도규제 중심체계로 이루어져 있어 대기 질을 선진국수준으로 개선시킬 수 있는 획기적이고 종합적인 정책수단을 사용할 수 있는 여건이 마련되어 있지 않은 상태이다.(중략)

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Introduction of Satellite Antenna Tracking System in Field (기술사마당_기술자료 - 위성안테나 추적기술의 소개와 실용)

  • Kim, Chang-Yong
    • Journal of the Korean Professional Engineers Association
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    • v.42 no.6
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    • pp.53-57
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    • 2009
  • Antenna Tracking System has been required core technology with special tracking algorithm, and it can be achieved by program tracking, step tracking, optracking, and monopulse tracking as well. Depend on tracking requirement we might be able to apply eligible tracking method in accordance with Geostationary and Inclined Orbit Satellite. Further, we should deeply consider two important factors in order to act up to customer expectation in quality and system performance including competitive price therefore we need maximized endeavor to upgrade not only tracking system performance, but reduction of product through engineering skill and R&D investment.

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The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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De Lege Frenda for Improvement of Marine Telemedicine Service System (해양원격의료 지원제도 개선을 위한 관련 법령정비 방안)

  • JEON, Yeong-Woo;HONG, Sung-Hwa;KIM, Jae-Ho
    • Journal of Fisheries and Marine Sciences Education
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    • v.28 no.4
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    • pp.994-1005
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    • 2016
  • Expansion and spreading of marine telemedicine is rather restricted due to the conflict of laws relating to medical service and lack of provisions in the Seafarers' Act, Medical Service Act, etc. Thus, this study is intended to reveal the current status and problems of marine emergency medical advice system for the furtherance of health care of seafarers and emergency medical assistance conditions and deduce relevant proposals for legislative improvements thereof in order to resolve underlying problems and issues. The results of this study can be summated as follows. First, in respect of directions to provide marine emergency service based on marine telemedicine system, emergency radio medical advice system needs to be strengthened to meet domestic and international instrument, marine telemedicine system needs to be provided through integrating u-Health technology and special marine medical center needs to be established. Second, regarding directions to provide health promotion service based on the marine telemedicine system, a new process of health care service for seafarers needs to be devised and provided involving seafarers' life cycle covering from prior to boarding to after leaving a ship. The conclusions of this study can be given as follows. First, the following new provisions need to be introduced in the Seafarers' Act. (1) The Minister of Oceans and Fisheries and a shipowner shall conduct matters pertaining to preventive health promotion and care for seafarers; (2) a provisions regarding establishment of seafarers' health promotion center by the Minister; (3) a special exemption permitting marine telemedicine service and qualification requirements for marine telemedicine assistant; (4) shipowner's obligation of carrying seafarers' health measuring equipment on board. Second, the relevant provisions regarding medical care persons needs to be revised in such a way that master or chief officer shall be appointed to be in charge of medical care on board. Last but not least, it is also essential to amend and update the minimum standards on drug and medicines to be carried on board and medicine chest and equipment on board.