• 제목/요약/키워드: approval procedure

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PROBLEMS AND SOLUTION OF IDENTIFICATION AND APPROVAL OF PRIVATELY FINANCED INFRASTRUCTURE PROJECTS IN CHINA

  • Xiangrong Du;Tsunemi Watanabe
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.731-736
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    • 2005
  • The governmental attitude toward private investment and financing for infrastructure projects has changed from the initial prohibition to the current encouragement in China, which has been embodied in the legal documents and administrative process. However, the problem of identification, bidding, and approval procedure for privately financed infrastructure projects has been observed in policies and administrative measures promulgated by different or even the same government branches, which is prohibitive factors for smooth project implementation. After analysis of the identification, bidding, and approval process of infrastructure projects, the authors proposed a simplified and alternative procedure and clarified the key points of relevant project documents.

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Consideration of the Procedure for IMO Approval of Ballast Water Treatment System that Make Use of Active Substances (활성물질을 사용하는 선박평형수 처리장치의 IMO 승인 절차 고찰)

  • Kim, Eun-Chan
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.11 no.4
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    • pp.214-220
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    • 2008
  • The Ballast Water Management Convention provides that ballast water treatment systems which make use of active substances shall be approved from IMO according to the procedure developed by the IMO. The Convention described that active substance means a substance or organism, including a virus or a fungus, that has a general or specific action on or against harmful aquatic organisms and pathogens. The Marine Environment Protection Committee of IMO gave basic approval to 13 ballast water management systems and final approval to 4 systems until October 2008. This paper considered the matter of procedure and documents of the basic and final approval based on the "Procedure for approval of ballast water management systems that make use of Active Substances (G9)" and "The Methodology for information gathering and the conduct of work of the GESAMP-BWWG" and summarized the specifications of the treatment systems which was granted the basic or final approval from IMO and raised several points.

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Recognition or Enforcement of Arbitral Awards under the German Civil Procedure Act (독일민사소송법상 외국중재판정의 승인 및 집행 - 「독일민사소송법」 제1061조를 중심으로 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.107-132
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    • 2019
  • The arbitration procedure, which is a private trial, does not have a separate enforcement agency. Therefore, unless a party consents to the arbitration award and voluntarily fulfills the award, its execution is accomplished through the implementation of the national court. In particular, the decision in the foreign arbitration procedure will be refused or rejected for the arbitration award in case the proceedings of the law and procedure on which the judgment is based are caused by inconsistency with the domestic law or procedural defect. However, all foreign arbitration awards generally do not have to go through the approval process, and it will come into force with the arbitration award. In the case of Germany in the revision of the German Civil Procedure Act of 1996, the main provisions of the New York Convention concerning the ratification and enforcement of arbitration proceedings are reflected. Germany provides for the arbitration procedures in the arbitration proceedings of Book 10 of the Civil Procedure Act. Particularly, with Article 1061 in Book 10 Section 8 below, the approval and enforcement of foreign arbitrators shall be governed. Article 1061 has been referred to as "The New York Convention on the Recognition and Enforcement of Foreign Jurisdictions," Article 5 (1). The main reasons for approval and enforcement rejection are: (1) Reason for the acceptance or refusal of enforcement by request of the parties: Reason for failure of subjective arbitration ability, invalidation of arbitration agreement, collapse of attack or defense method, dispute not included in arbitration agreement, (2) Reasons for the approval and enforcement of arbitration considered by the competent authority of the arbitrator: violation of objective arbitration ability, violation of public order, but not based on the default of German statute.

Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System (베트남 법체계에 있어서 외국중재판정 승인 및 집행)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.1
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    • pp.107-127
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    • 2021
  • Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

A Study on the Application of the Electronic Approval System for the Fire Officer (소방공무원의 효율적인 전자결재시스템 활용방안에 관한 연구)

  • Woo, Seong-Cheon;Chae, Jin
    • Fire Science and Engineering
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    • v.20 no.3 s.63
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    • pp.54-64
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    • 2006
  • Rapid development of Information Technology(IT) requires new changes in overall official sections, and government also makes effort to promote the productivity and efficiency of official sections with IT. Objectives of this research are to evaluate the management of Electronic Approval System and to present the efficient way of using Electronic Approval System. In this research, we presented that the efficient use of Electronic Approval System requires systematic education, improvement of approval procedure, stability of system, improvement of system operation speed and connection with other official department.

A Research on Efficient Legislation of the Enforcement Regulation of Management Law of Vehicles focused on Notice Procedure of Specification (국내 자동차관리법 시행규칙상 제원통보 규정의 효율성 제고를 위한 정비방안 연구)

  • Yu, Minsang;Kim, Jaebu;Pyun, Moosong;Ahn, Jounghak
    • Journal of Auto-vehicle Safety Association
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    • v.12 no.1
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    • pp.46-51
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    • 2020
  • Korea is the only country in the world where the regulation of vehicle homologation has been changed from "Type Approval" to "Self-Certification". But there are some regulations that have not been fully changed, so they became double-regulations. In this research, we find out double-regulations in Self-Certification systems focused on "Specification Notice Procedure", and suggest a proposal of amendment to avoid duplication. Through the research, we can reduce unnecessary requirements about homologation, management of vehicle and administrative procedure significantly.

Comparison of Airworthiness Certification System between Korea and U.S. (국내 항공인증과 미국 인증체계의 비교)

  • Hong, Deok-Kon;Yee, Kwan-Jung
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.36 no.3
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    • pp.298-305
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    • 2008
  • From design to serial production, aircraft should go thorough complicated certification procedure from airworthiness authority such as Type Certificate, Production Certificate and Certificate of Airworthiness. On the other hand, aircraft components are mandated to receive Technical Standard Order Approval and Production Manufacture Approval before commercial use. As domestic aircraft and LRUs are currently under development, Bilateral Aviation Safety Agreement is promoted for the purpose of increasing aviation safety as well as foreign export. This paper describes the basic aircraft certification procedure and compares the difference in the certification system of US and Korea. Thorough this, it is attempted to suggest a requirements for establishing international certification system.

A Study on the Compliance Evaluation for Design of an Aircraft Generator (항공기용 발전기의 설계 적합성 평가에 관한 연구)

  • Kim, Y.G.;Park, K.Y.;Lee, K.Y.;Jin, Y.K.
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.11 no.2
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    • pp.23-32
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    • 2003
  • In this paper, the design data of an aircraft generator have been reviewed to evaluate the compliance with the airworthiness standards, and the technical procedure to ensure safety and reliability of an alternate-current generator by the tests and computations have been developed.

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A Comparative Study on Type Approval of Maritime Cyber Security and RMF in the View of System Development Lifecycle (개발 전주기 사이버보안 관점에서의 해상 사이버보안 형식 승인과 RMF 비교 연구)

  • Lee, Suwon;Hwang, Seyoung;Hong, Jina;Kim, Byeong-jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.32 no.2
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    • pp.279-287
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    • 2022
  • With the advancement of cyber threats and the development of hacking technologies, cyber security is being emphasized in various fields such as automobiles and ships. According to this trend, various industrial fields are demanding cybersecurity, and related certifications. In this paper, cybersecurity type approval is compared with the RMF stage under the premise that there are common elements with RMF in that cybersecurity elements must be reflected in the entire system development cycle. For comparison, type approval of maritime cyber security of the Korean Register of Shipping was selected. In conclusion, although type approval of maritime cyber security acquisition procedure is not divided by development stage like the RMF, there are the commonalities in the procedure to apply the cybersecurity element to the System development lifecycle like the RMF. Accordingly, the possibility of determining that the cybersecurity element was applied to the entire development cycle was confirmed.

Recognition or Enforcement of Domestic Arbitral Awards Under the German Civil Procedure Act (독일민사소송법상 국내중재판정의 승인 및 집행 -「독일민사소송법」 제1060조 규정의 내용을 중심으로-)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.43-68
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    • 2020
  • The "arbitration" system resolves disputes through judgments on rights relations or claims between disputed parties by judging by private trial, but it does not have organizational and material bases to execute the contents of these judgments. Therefore, unless the parties succeed in voluntarily surrendering to the results of the arbitration award, the implementation of the award will be accomplished by the enforcement of the assistance of the National Court. However, unlike the court's ruling, the arbitration tribunal does not generate enforcement power from the judgment itself, and it must be filed with the court for execution. In this regard, Germany provides for arbitration proceedings in the Civil Procedure Act Volume 10. In particular, Article 1060 governs the approval and enforcement of domestic arbitral awards. Accordingly, the procedure for declaring the feasibility of domestic arbitration proceedings and the execution of forced execution are commenced. Regarding the enforceable declaration of a domestic arbitral award, it differs from the simpler process requirements compared to the procedure in a foreign arbitral award, and usually has the same effect as a final judgment between the parties without a separate approval procedure. However, the arbitration award does not constitute an enforceable power that can be implemented, but is enforced through the national court's declaration procedure. However, if there is a ground for cancellation as provided for in Article 1059 (2) of the German Civil Procedure Act, the arbitral award is canceled and the application for enforcement is dismissed.