• Title/Summary/Keyword: administrative regulations

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A Comparative Study on the Regulations for Landscape Managements of Historic Cities in Korea and Japan (한국과 일본의 역사도시 경관관리법규의 비교 -경주시와 나라시의 사례로-)

  • 정성태;조세환;오휘영
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.3
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    • pp.105-115
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    • 2000
  • The purpose of paper is to investigate the characteristics of regulations on landscape management of historic city of Kyongju in Korea, compared with those of Nara in japan to answer the research question that what is the regulative characteristics of landscape management of historic city in Korea. We have analyzed the three laws of the two country - Urban Planning Law, Cultural Assets Protection law, and Building Law. This research has been done in terms of regulative systems of the two country and articles, ordinances, and bylaws on landscape managements of historic city Major components of urban historic landscape management are goals and devices of preservation, preserving actor, authorized actor permitting major planning change, regulatory power on landscape development, and backgrounds of enacting regulations. From this research, we have fond the fact that 1) Kyongju City has general and implicit objectives of landscape management based on conservation of natural environment while Nara City has concrete objectives of lansdscape management, 2) Kyongju City has no regulations on landscape planning while Nara City has systematic planning measures such as designation of landscape management district, planning for preservation of historic landscape, and planning for establishing urban landscape, 3) In an application of landscape management district, Kyongju City designate the district based on the general principle of urban planning district while nara City designate it in a more detailed manner such as district of preservation of historic landscape, district of landscape establishment, and district of building agreement. 4) Kyongju has no legal actor in implementation and management of historic landscape plan while Nara City has administrative organization and procedures, including citizen participation, public hearing, and voluntary participation, and 5) Kyongju City does not operate the consultation committee on landscape management just like Nara City operating. This research results will provide us the remedial insights for landscape preservation of such Korean historic city as Kongju, Puyo, and Chunju. Since our research is focused on the limited area of preserving landscape in historic cities in korea and Japan we need to study sociocultural issues on preserving urban historic landscape more in depth in the future.

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Problems of the Legal System Related to the Regulation of Radiation Safety for Diagnosis (진단용 방사선 안전관련 법령의 법체계상 문제점)

  • Lim, Chang-Seon;Moon, Heung-Ahn
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.119-142
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    • 2013
  • It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

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Explanations of the Revised Protection of Cultural Properties Act (개정 문화재보호법 해설 -'99년 1월 ~ 2001년 9월 기간 개정사항-)

  • Cho, hyon-jung
    • Korean Journal of Heritage: History & Science
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    • v.34
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    • pp.222-267
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    • 2001
  • The purpose of this document is to explain the revisions of the Protection of Cultural Properties Act and its sub-laws which have been mad from Jan. 1999 to Sep. 2001. The Protection of Cultural Properties Act and its sub-laws have been revised three times from 1999 to 2001, before and after the Office of Cultural Properties was raised to Cultural Properties Administration on May 24, 1999. The main points of the revisions are as follows. First of all, the role of the local autonomous entities has been increased. The governor of the local autonomous entities is entitled to announce administrative orders related to the preservation of State-designated Cultural Properties. Also, the local autonomous entities has the authorities to examine whether the construction work which will be made in the outer boundaries, which is provided by regulations, of the protected area of the cultural properties might have any effect on preservation of cultural properties or not. Second, preventive actions to protect the cultural properties have been strengthened. If the scale of construction work is more than some scale, the preliminary survey of the surface of the earth to confirm the existence of buried cultural properties and their distribution is obligated. One who is promoting the development plan more than some scale must discuss the plan with the Administrator of Cultural Properties Administration in the process of planning. These actions would be effective to prevent the cultural properties from being damaged because of the development. Third, relaxation of the restrictions has been proceeded. On the basis of regulations which specify the actions to affect the preservation of cultural properties, negative system that does not limit the actions which are not specified in the regulations is introduced. The appropriateness of both protected structure and area should be regularly reviewed and adjusted. Also, most of the restrictions which was made only for administrative convenience and over-regulated the people's living have been revised. Finally, the number of cultural properties to be protected has been increased. Besides the State-designated Cultural Properties, the other cultural properties which are worthy to be protected as City-or-Province-designated Cultural Properties can be designated provisionally and protected. The system of registration and maintenance of the buildings and facilities which are not designated as the Modern Cultural Heritages is established. The penalty for damaging and stealing the cultural Properties which are not designated to be protected was strengthened. Even a dead natural monument can be acknowledged as an natural monument and it is limited to make a specimen or stuffing of the dead natural monument. All of these actions are fit to the high level of understanding of the public about the cultural properties and as the result of these actions, the number of cultural properties to be preserved has been increased. To sum up, the directions of revisions of the Protection of Cultural Properties Act and its sub­laws which have been made from Jan. 1999 to Sep. 2001. are the localization of the protection of the cultural properties, the strengthening of protective actions, the relaxation of various regulations and the increasing of the number fo the protected cultural properties. Also, various problems raised in the processes of implementations of the laws have been reviewed and revised.

A Study on Detailed Nondisclosure Criteria for the Administrative Departments (행정각부 비공개 대상정보 세부기준 개선방안 연구)

  • Youseung Kim
    • Journal of Korean Society of Archives and Records Management
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    • v.23 no.3
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    • pp.115-136
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    • 2023
  • The purpose of this study is to discuss problems and seek improvement plans based on a critical analysis of the detailed standards for nondisclosure of 19 administrative departments in accordance with Article 26 of the Government Organization Act. To this end, the status of information disclosure-related regulations in 19 administrative departments was analyzed, and 6,094 cases of nondisclosed information were investigated and analyzed. In addition, through interviews with seven information disclosure experts, the analysis contents of this study were shared and reviewed. Furthermore, opinions on the effectiveness, problems, and system improvement areas of the detailed standards for nondisclosed information were collected. As a conclusion, three improvement measures were proposed: first, the legislation on the establishment of detailed standards for nondisclosure; second, the establishment of a system for regular substantive inspection of detailed standards for nondisclosure; and third, the improvement in the service of detailed standards for nondisclosure.

The Problems in School Library Laws and Some Suggestions for Revision (학교도서관 관계법령의 문제점과 개정방향)

  • 변우열
    • Journal of Korean Library and Information Science Society
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    • v.32 no.4
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    • pp.331-360
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    • 2001
  • School Libraries are facilities which support teachers and students in their teaching and learning activities and help to fulfil the school curriculum. Recently the Ministry of Education & Human Resources and Development is emphasizing ‘self learning’and it means that the problem solving ability of students can be improved through resource based learning & self learning. The resource based learning is closely connected with school libraries. School libraries are basic organization among all kind of libraries in all parts of th country and they can not develop without the systematic support of the government. The school libraries are just nominal because education in schools is centered on entrance examination and the government is indifferent to them. Therefore, it is urgent to constitute the related regulations and systems to rescue school libraries. The present school libraries laws should be revised toward the direction of effectiveness and it is possible to revise them after School Library Promotion Acts are constituted in public. All kinds of system and organization can develop only when they attach great importance to people Even though we constitute good laws and have good systems, they can not develop without the support of administrative organizations. They can develop when the administrative organizations have the strong will to develop them and are affectionately interested with them. The development of school libraries are under the control of strong interest and will of the people who are in charge of the systems and apply the related regulations.

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An Exploratory Study in Disaster Relief System's Inter-Governmental Relations: Disaster Relief Institution and Case Analysis in Korea (재난구호체계의 정부 간 관계에 관한 탐색적 연구: 국내 재난구호 제도 및 사례분석을 중심으로)

  • Yoo, Soodong;Choi, Hyounsun
    • Journal of the Society of Disaster Information
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    • v.12 no.2
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    • pp.136-143
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    • 2016
  • In this study, analysis of disaster relief-related laws and regulations, analysis of disaster relief system, and investigate the inter-governmental relations in disaster relief system through analysis of major disaster relief case. As a result of the analysis, the central government has adjust and coordinate disaster relief activities of the local government, it has been found that you are managing director through the support of the administrative and financial. However, it was found that by weighting the administrative and financial burden on local government in disaster relief activities. In addition, the division of roles between the relief agencies and relief aid agencies of relief supplies transmission on disaster-related laws and regulations have not been specifically explicitly. It was found that has brought the waste of non-efficiency and resources by the duplication provision there is no mutual exchange of information relief supplies transmission situation.

A Study on the Principles of Law for the Establishment of the Landscape Architectural Organization within the Government Office (정부기관내 조경식 설치에 따른 법리와 법제에 대한 연구)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.27 no.1
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    • pp.1-10
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    • 1999
  • There is no official landscape architectural organization in the current government organization in Korea. Therefore, it is necessary to establish the landscape architectural organization which will carry out the works of the special landscape architectural interest and create the new services with other interested government offices. The contents of the study are as follows; 1. A legal basis for the establishment of the landscape architectural organization is the demand for the introduction of the landscape architectural organization which has 5 types(urban planning, architecture, land register, land surveying, civil work) of the special groups to official organization by changing the 1 article of the Official Appointment Regulations. 2. Theories of law of equality for everyone(the Constitution of Korea : §11(1)), the rights of having pleasant residential life(the Constitution of Korea : §35(3)) and the national duty of employment increase(the Constitution of Korea : §32(1)) are reviewed to provide the legal reason of establishing the landscape architectural organization. 3. With the addition of new landscape architectural organization, it could expand the areas of landscape architects by adding of new landscape architectural subjects into official examinations for government employees. Also it is necessary to exempt the test for those who have licenses and to give additional points in evaluation their works at the end of year to the people who have licenses. 4. The reasons for the creation of new landscape architectural organization into the present official organization are acquired from the derivation of 23 present regulations referring to the landscape architects, the existence of the landscape architectural administrative departments belonging to the Metropolis of Seoul, and the favorable result of the questionnaire on the establishment of the new organization. Hereafter the lawyers should be cooperated with landscape architects to initiate the related principles of law, and it is necessary to analyze each text of the related laws in detail to establish the landscape architectural organization by means of the joint studies.

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Research on the Legislation theory of the Fundamental ADR Act (ADR기본법의 입법론에 관한 연구)

  • 김상찬
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.157-179
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    • 2004
  • Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

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A Study on the Systematization of the Technology Act for Platforming the Fourth Industrial Revolution

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.2
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    • pp.163-169
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    • 2019
  • Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government. The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution. As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution. The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on 'Development of Science and Technology Innovation System', 'Basic Plan of Science and Technology', and 'Comprehensive Plan for Promotion of Local Science and Technology', there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation. 'In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

WTO GPA and BOT Contract (WTO 정부조달협정과 BOT 계약)

  • Chung, Jae-Ho;Woo, Yoon-Suk
    • International Commerce and Information Review
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    • v.8 no.3
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    • pp.193-206
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    • 2006
  • The United States demands that the Korean Government include in the WTO GPA the privately invested projects of the BOT contract. Controversy surrounding BOT contract will continue. As of result of opening up of private investment market including BOT contracts, inflow of foreign capital will be expanded, and it will provide an opportunity for rectifying any unreasonable policies or regulations. With active penetration of foreign companies, there is a possibility for deepening of competition in the private investment market, and if a foreign administrative company is selected, possibility of assigning high value works such as design to foreign companies leaving labor intensive work such as construction to domestic companies exists, and also, difficulties resulting from agreement between the employer and the foreign administrative company exists. Large-scale construction companies must put forth their efficiency and creativity, and through revolutionary constructions by private sectors, reduction in construction cost should be made possible, and must also increase efficiency in maintenance, repair, and management of the facility. On the other hand, in order for Korean construction companies of BOT businesses to be able to enter the foreign BOT industry, the government needs to conduct studies in information and policies of various nations.

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