• Title/Summary/Keyword: enforcement regulations

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A Study on Legislation Background and Application of the General Duty Clause of the Occupational Safety and Health Act in U.S. (미국 산업안전보건법에서 일반의무조항의 제정배경과 운용에 관한 연구)

  • Jung, Jinwoo
    • Journal of the Korean Society of Safety
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    • v.30 no.1
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    • pp.119-126
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    • 2015
  • The primary purpose of the general duty clause is to offer an extra measure of protection to employees in the workplace. Most standards implemented under OSHA are targeted at a specific hazard. The general duty clause, however allows inspectors to cite employers for exposing its employees to a recognized hazard that has not been specifically addressed in the regulations. Congress intended the general duty clause to be a limited means of advancing the purposes of the OSHAct. But OSHA has not always regarded the general duty clause as the limited means for protecting the safety and health of employees that Congress intented. OSHA attempted to expand the scope of the general duty clause, at times improperly, to make it a more flexible enforcement tool. OSHA's interpretation of each of the restrictions on the scope of the clause has changed over the years. In recent years the general duty clause has been utilized as a sometimes controversial mechanism for enforcement of safety guidelines that have not yet been specifically addressed by statute or regulation. The most notable example of this was application of the general duty clause to ergonomic hazards.

The Legal System for the Independent Practice of Physical Therapy (물리치료원 독립 개원을 위한 제도적 장치)

  • Bae Sung-Soo;Kim Dae-Young;Nam Sung-Woo;Park Hwan-Jin;Jeon Jae-Kyun
    • The Journal of Korean Physical Therapy
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    • v.10 no.1
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    • pp.253-263
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    • 1998
  • To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

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A Comparison of the Korean and Japanese Medical Technician's. Etc. Act Systems Focusing on Physical and Occupational Therapists

  • Yoon, Tae-Hyung
    • The Journal of Korean Physical Therapy
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    • v.28 no.2
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    • pp.128-135
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    • 2016
  • Purpose: The aim of this study was to compare the "Physical Therapist and Occupational Therapist Act" of Japan and the "Medical Technician's. Etc. Act" of Korea in order to establish the grounds for improvement of effective law-making. Methods: We obtained the "Medical Technician's. Etc. Act" from the Korean Ministry of Government Legislation and the "Physical Therapist and Occupational Therapist Act" from the Japanese Ministry of Health, Labor and Welfare. It was translated from an association by related Japanese and experts. Results: The laws consisted of acts, enforcement ordinances, and enforcement regulations in both Korea and Japan. In the Korean case, eight occupations were defined in one law including six types of medical technicians, as well as medical recorders and opticians. The "Physical Therapist and Occupational Therapist Act" in Japan is composed of 6 chapters and 22 articles, while the Korean Act consists of 33 articles without chapters. Among them, 11 articles covered the establishment and management of dental laboratories and eyeglass shops, and only 22 articles were related to physical therapists and occupational therapists. Conclusion: Independent laws should be established for each type of medical technician. They must be comparable to Japanese laws on physical therapists and occupational therapists as well as clinical pathologists, dental hygienists, dental technicians, radiologic technologists, medical recorders, and opticians.

Changes of Ward Modules according to the 2017 Revision of Medical Law (2017 의료법 개정에 따른 병실 모듈변화 연구)

  • Lee, Hyun-jin;Ju, Youn-Ock
    • KIEAE Journal
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    • v.17 no.1
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    • pp.55-61
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    • 2017
  • Purpose : As the necessity of reinforcement of infections management in medical facilities after MERS increased, Ministry of Health and Welfare promulgated the enforcement regulations of medical law on February 3, 2017. Its main objective is to improve patients' safety and medical-care quality through the establishment of isolation facilities from infectious diseases and the set-up of standards for In-patient and ICU facilities. The purpose of this study is necessarily to propose a standardized spatial composition model for ward modules by analyzing changing environments of in-patient facilities according to the strengthened medical law. Method: Theoretical studies will be undergone of Evidence-based Designs to improve patients' safety, medical quality, and domestic/overseas in-patient room guidelines. With reference to the status of 24 general hospitals over 500 beds, the spatial compositions of the in-patient rooms and the types of multi/single bed room modules will be analyzed. The directions of future in-patient room module changes through the study of the minimum ward module types and various ward types will be presented. Result: This paper will hopefully provide guidelines for hospitalization rooms that can be applied to the revised rules of medical law enforcement and provide a basis for a comprehensive study of patients' safety and efficient infection control as well.

A Study on the Policy of the Dress and Clothing of Se-Jong in the Yi Dynasty (조선왕조(朝鮮王朝) 세종(世宗)의 복식정책(服飾政策) - 세종(世宗) 팔년(八年) "관복지제(官服之制)"의 제정동기(制定動機)와 그 실시(實施) 여부(如否) -)

  • Lee, Sang-Eun
    • Journal of the Korean Society of Costume
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    • v.5
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    • pp.165-171
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    • 1981
  • During the period of 3rd Tae-Jong and 4th Se-Jong, Yi Dynasty has established sound basis for ruling power and aristocratic social cast system. And the regulation for official dress has also been firmly established during the same period. The establishment of KWAN BOK SACK (Office of Hat-Dress) in 16th year of Tae-Jong (1416 A.D.) and the enforcement of KWAN BOK JI JAE (System of Hat and Dress) in 8th year of Se-Jong(1426 A.D) indicates the completion of system of official dress in the dynasty. In this study, the author tried to find out the concept of color in the ruling society since the concept of color in KWAN BOK JI JAE, which is the social reglation in the fendal dynasty, had greatly been influenced by these class of people. Effort has also been given to investigate what motivated the establishment and enforcement of KWAN BOK JI JAE, through the descriptions revealed in SE-JONG SILLOK. It can be concluded in the first that, in KWAN BOK JI JAE no new color concept appeared and its significance only remains on the fact that it establshed the social regulations which were existed before. And secondly, the works of Se-Jong in KWAN BOK JI JAE, in contrast to his magnificance in other fields, only showed great influence of toadyism (Chinese culture).

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Comparative Analysis of Regulatory Compliance Issues in Korean and American Fisheries (한.미 어업관리제도의 규제순응에 관한 비교 연구)

  • Lee, Jung-Sam;Ryu, Jeong-Gon;Nam, Jong-Oh;Kim, Dae-Young
    • The Journal of Fisheries Business Administration
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    • v.39 no.2
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    • pp.1-23
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    • 2008
  • This study presents a comparative analysis of enforcement and regulatory compliance issues in Korean and American fisheries. The comparison involves characterizing factors which affect regulatory compliance. The study also suggests policy directions and strategies by characteristics of factors suitable to Korean fisheries circumstances in order to induce voluntary compliance from fishers and to make compliance friendly environment for the fishers. In detail, this study has 3 steps as follows. First, this study characterizes factors influencing compliance and non - compliance caused by various reasons and categorizes these factors by considering theories for fisheries regulatory compliance. Major categories of compliance factors consist of fisheries resources, users(fishers), and the government. Each category is composed of several factors and sub - factors by characteristics. Second, this study seeks to diagnose problems and limitations from the regulatory compliance in Korean and US' fisheries by analyzing the current status of the compliance in both countries. The comparative analysis between two countries highlights the problems and limitations of each country's regulatory compliance and leads to implications for Korean fisheries. Third, this study suggests policy directions and strategies suitable to Korean regulatory compliance environment through detailed understanding of U.S.' fisheries regulatory compliance. The suggested strategies are based on the concept of voluntary compliance and compliance - friendly environment, not command and control regulations. Furthermore, this study provides policy suggestions for Korean fisheries regulatory enforcement and compliance issues.

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A Legislative Proposal to Prevent the Infringement of Privacy and to Solve Operational Problems by Drones (드론에 의한 프라이버시 침해 방지 및 운용 상 문제 해결을 위한 입법 제안)

  • Kim, Yongho;Rhee, Kyung-Hyune
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.5
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    • pp.1141-1147
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    • 2017
  • An unmanned aerial vehicle(UAV), commonly known as a drone, is an aircraft without a human pilot aboard, which is operated by wireless device. A drone provides the capability for the aerial search and traffic control as a police equipment. It has benefits for the missions for the aerial photography with the high resolution camera which can replace eye-dependent search processes. Moreover it has advantage of retrieving several times for the recorded videos. However, if the law enforcement agency misuse and overuse a drone for investigations and search missions without certain regulations and principles, it breaches privacy and personal information infringement. In this paper, we issue a lawful challenges on drone operations and discuss solutions to those challenges.

A Study on the Digital Material Disposal Order System (디지털자료 파기 명령 집행절차에 대한 연구)

  • Kim, Tae-Sung;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.4
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    • pp.863-872
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    • 2017
  • Digital material transferred to the court for litigation shall be disposed by the procedure in the court records management regulations and the digital material collected by the investigator in order to prove the suspect's allegation shall be disposed by the Supreme Public Prosecutor's Regulation No.876(digital material's regulation of collection, examine and management). the court ordered the disposal of digital material that is the subject of litigation based on the related laws when criminal lawsuits and civil lawsuits are finalized. however, there is no specific procedure to enforce the disposal order of the court, and the enforcement order stipulates that the enforcement agent is not a professional officer who has proven expertise but a related public official. there is a problem in the enforcement of digital material that the court ordered to disposal because it is not specified. therefore, this is paper proposes a procedure for effectively enforcing the court's order to revoke digital material.

Improvement Measures for Projects Subject to Environmental Impact Assessment in Urban Areas

  • CHO, Dong-Myung;LEE, Ju-Yeon;KWON, Woo-Taeg
    • Journal of Wellbeing Management and Applied Psychology
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    • v.5 no.2
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    • pp.43-50
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    • 2022
  • Purpose: The small-scale environmental impact assessment conducted during the development project stage has focused on the preservation of the natural environment centered on non-urban areas, due to the nature of urbanization, health problems for citizens of high-density urban areas have a limitation in that they are relatively neglected. In the case of strategic environmental impact assessment and environmental impact assessment in urban areas, there is no basis for evaluation in urban areas because there are exceptions to be excluded from the target projects or there are no target project regulations for buildings. Therefore, in this research, we examined the problems with the target project such as the current environmental impact assessment, and tried to establish a system improvement plan that can solve them. Research design, data and methodology: After reviewing the current environmental impact assessment-related laws (including enforcement ordinances) and national land planning laws (including enforcement ordinances), exceptions such as environmental impact assessment in urban areas were identified and problems were identified. Based on this, an amendment to the Enforcement Decree was proposed to provide institutional support for the expansion of target projects such as environmental impact assessment in urban areas. Results and Conclusions: Through this research, it is expected that the projects subject to environmental impact assessment on development projects in urban areas directly related to the health of the people will be expanded, and the net function of the environmental impact assessment system will be maximized.

Proposal for a Change of the Name of the '과Gwa (Academic Department)' Operated by the Colleges to the '학과Haggwa (Academic Department)': School Regulations and Higher Education Act (전문대학에서 운용 중인 '과' 명칭을 '학과'로 변경 제안: 학칙과 고등교육법)

  • Bon-Kyeong KOO;Hyun Ho SUNG;Min Woo LEE
    • Korean Journal of Clinical Laboratory Science
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    • v.56 no.2
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    • pp.181-187
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    • 2024
  • The purpose of this study was to change the '과gwa (academic department)' operated by the college to the '학과haggwa (academic department).' Although they are in a lower order in the legal system, "the Regulations for the Establishment and Operation of University and College" and "the Public Notice on the Establishment of a 3-year Course at College" use '학과haggwa' regardless of the type of school. On the other hand, "the Higher Education Act and the Enforcement Decree of the Higher Education Act" use '과gwa' for colleges. The department name can be changed from '과gwa' to '학과haggwa' through a revision of school regulations in promoting the establishment of a major and the operation of the curriculum. In this study, it is considered reasonable to operate the name of '학과haggwa' in an associate degree course or higher.