• Title/Summary/Keyword: administration of the rule of law

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A Study on FTA-related Administrative Efficiency Measures for Verifying the Origin (FTA 원산지검증행정의 효율화 방안에 대한 연구)

  • Chung, Jae-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.243-264
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    • 2012
  • This study is aimed to analyze problems related to FTA country of origin of goods verification which is increasing from 2006 and thereby to grope for solution of such problems and seek adequate FTA performance administration. It is found, through comparative analysis and statistics of last 8 FTAs so far Korea has concluded that there are major problems such as excessive verification processing due to complicated country of origin regulation etc. This paper suggests following policies of country of origin administration ; (1) Simplification of FTA country of origin rules (2) reciprocal cooperation between each country's Customs Authorities based on trust (3) rational measurement against corresponding country's Customs Authorities' misbehavior (4) enhancement of transparency in relation to processing rule of country of origin verification (5) securing FTA country of origin verification experts. For these improvements, upcoming FTA shall rule country of origin reasonably, simplification and transparency of rule is needed for established FTAs in relation to FTA performance administration with corresponding countries. Also it is necessary to revise FTA preferential tariff law and its related laws, and carry forward policies in accordance with medium and long term plan.

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A Study on the Legal system to solve the problems of Fisheries Laws (수산법제의 문제점과 개선방안 연구)

  • Lee, Woo-Do;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.46 no.3
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    • pp.163-176
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    • 2015
  • Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

A Study on the Problems and Improvement of Occupational Safety and Health Standards - Focusing on Regulation on Occupational Safety and Health Standards - (산업안전보건기준의 문제점과 개선방안에 관한 연구 - 산업안전보건기준에 관한 규칙을 중심으로 -)

  • Jin-Woo Jung
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.34 no.2
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    • pp.148-155
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    • 2024
  • Objectives: Among the regulations that have recently attracted a lot of social attention in Regulation on Occupational Safety and Health Standards, we would like to specifically present the reasons why even companies with strong will to comply with regulations that are not effective or entail a number of legal problems, and suggest ways to improve them. Methods: The facts were confirmed and identified through various methods such as interviews and meetings with labor inspectors who enforce the Regulation on Occupational Safety and Health Standards and safety officials at industrial sites experiencing them. Results: Due to the lack of effectiveness in Regulation on Occupational Safety and Health Standards, there are not a few areas that do not function properly as a preventive standard. Although operating the regulatory nature of punishment as an administrative guideline without basing it on Regulation on Occupational Safety and Health Standards is a direct violation of the principles of the administration of the rule of law, there are many expedient ways to replace what should be placed in this rule as just an administrative guideline. Conclusions: It should be prioritized to explicitly stipulate effective regulations within the Regulation on Occupational Safety and Health Standards. In addition, as regulations on occupational safety and health standards play a large part in preventing industrial accidents, comprehensive and practical measures are indispensable rather than fragmented and formal measures to ensure that these rules function properly in the prevention industrial accidents.

Model of The Korea Regulatory Body of Advanced Practice Registered Nurse (전문간호사 자격관리 전문기관의 조직 및 운영(안))

  • Cho, Jae-Hyun;Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.10 no.4
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    • pp.437-448
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    • 2004
  • Purpose: The study was done to develop the model of regulatory body of advanced practice registered nurse. Method: This was a descriptive study adopted a method of comparison and construction of laws. Result: The type of partnership of government and people were privatization, negotiated rule-making, standard-setting authority, self-regulation. The pattern of partnership were applied to the regulatory body's role; administration of certification and examination, setting standards for nursing education programs and approval nursing programs. The regulatory body of advanced practice registered nurse was organized according to it's role. Conclusions: It is needed to proceed to self-regulation step by step.

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Comparative Analysis on the Law Related to landscape Plan-making (경관계획수립 관련법규의 비교분석)

  • 서주환;최현상;김상범
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.6
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    • pp.96-105
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    • 2001
  • The purpose of this study is to establish landscape planning, and to find out to administrative system and improvement way on landscape plan in Korea. We have sought for research trend and the concept of landscape planning related to the landscape planning through the investigation of books and documents, and have analyzed the characteristics on the law for landscape plan in United State of America, United Kingdom,, France, Germany, Japan and Korea. As the results of this study are as follows; 1) A state developing local self-governing body as United State of America, United Kingdom and Germany carried out individually landscape plan. Especially, it raises clarity of administration to fix residents participation(Nonprofit Organization : NPO) and secures responsibility. 2) A state of centralized authoritarian rule as France and Japan applies common law to the nationwide but commission's concrete management or conference. 3) And so in Korea and applicable landscape plan was made on the basis of town-planning law and managed with ordinances for landscape. In here the important thing is division of role of central and local government and residents. This study proposes the system of planning and analyzed the related laws for the landscape formation and management. The future research on the character of the local areas, providing many chances with people in the community through publicity activities, and rearing the expert group on this matter should be made in the future.

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A Study on the Legal Consciousness of Female University Students through Information Analysis

  • Park, Jong-Ryeol;Jeon, Myung-Gil
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.5
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    • pp.111-118
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    • 2017
  • The Legal Consciousness is a feeling or attitude toward the law from the people. Most Korean had a traditional consciousness that did not consider the law so friendly, also, the perception of law is also very negative is the common result of various investigations so far. This is caused by a distrust of the political power that operates the law than just distrust of law. Moreover, it is a serious problem that these negative attitudes are getting stronger over time. Especially when looking at the situation of the monopoly of government affairs in Park Geun-hye administration, the law was not a means of realizing social justice on the side of the socially weak, it has come to the fact that the law has been recognized as a tool of oppression by the ruling group, which seizes power in a fraudulent manner and accumulates economic wealth. It was a really ridiculous incident. In addition, not all citizens need to be experts in law, but the law is a bowl for society, and filling the bowl is a moral form or value of society in general. And since society has a peculiar law, and the modern state has the rule of law as its basic principle, most human acts have a direct relationship with law. In particular, it is true that the problem of the legal consciousness of college students is frequently mentioned today. Therefore, in this study, through the examine the contents of the legal consciousness of the K university female students in Gwangju and will consider the cause of this.

A Study on Business Ethics of Competitive Superiority Strategy (경쟁우위 전략에서의 기업윤리에 관한 연구)

  • Yim, Woong-Seok;Kim, Hyung-Joon;Lee, Nae-Hyung
    • Journal of the Korea Safety Management & Science
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    • v.9 no.1
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    • pp.157-174
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    • 2007
  • Corporation had been made by important action rule of business ethics that observes legal standard that is prescribed in each class of administration activity. But it does not keep ethicality of corporation action that conforms law. Law can not include all parts of business ethics because it is forcing essential class for public order preservation and public welfare in right. Moreover, partial corporations are doing to justify unethical action of other evasion of taxes, consultation, manufacturing etc. with legal basis meaning abusing legal standard. For these reason, Insistence that is in point of legal standard and ethical standard is not different each other that is in equal viewpoint is brought.

Analysis on the Constitutional Judicial Precedents concerning the Social Welfare Law (사회복지법 관련 헌법재판소 판례 분석 : $1987{\sim}2004$년 헌법판례 현황과 내용을 중심으로)

  • Jung, Jin-Kyung
    • Korean Journal of Social Welfare
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    • v.58 no.1
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    • pp.395-423
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    • 2006
  • The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

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A Study on Trends and Validities of Regulation Policy of the Tobacco Industry for the National Health Promotion - Focusing on U.S. Family Smoking Prevention And Tobacco Control Act - (국민건강증진을 위한 담배사업 규제정책의 동향과 타당성 검토 -미국, '가족 흡연 예방 및 담배규제 법'(Family Smoking Prevention and Tobacco Control Act)을 중심으로-)

  • Choi, Ho-Young;Song, Ki-Min
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.317-338
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    • 2011
  • The World Health Organization (WHO) tries to accomplish the goal of 'smoke free society', and developed countries regard the nicotine as an addictive drug. In order to better protect human health, all parties are required to adopt and implement effective legislative, executive, administrative or other measures for tobacco control in accordance with Article 4 the Framework Convention on Tobacco Control (FCTC). In order to achieve the objective of the FCTC and its protocols and to implement its provisions, Korea need to take an attention on the U.S. Family Smoking Prevention And Tobacco Control Act of 2009 and Final Rule. It is need to integrate and centralize of tobacco safety administration and smoking prevention for the national health promotion.

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A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
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    • no.6
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    • pp.1-46
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    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

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