• Title/Summary/Keyword: improvement of law

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A Study on the Process to Amend Laws Concerning Employer-Supported Child Care and the Improvement of Its Service (직장보육 관련법의 변화과정 및 직장보육서비스의 개선방안)

  • Kim, Ji-Hyun
    • Korean Journal of Human Ecology
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    • v.14 no.2
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    • pp.251-268
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    • 2005
  • This study analyzes the amendment history of Educare Law of Infants and Children, the Equal Employment Opportunity Law, and Employment Insurance Law, and also examines the present status of the employer-supported child care service through secondary analysis of other policy studies. The three laws concerning employer-supported child care can be said to hold in itself two main concepts: employers' obligations to provide child care, and government's financial support and administrative management. In terms of the first concept, laws have been amended to enlarge the number of enterprises legally-responsible for child care service and to relieve the financial burden from them. In terms of the second, laws have been amended to gradually extend the magnitude of government's financial support and to establish the systematic administrative management. Approximately a half of the policy target enterprises, however, is not complying the laws. In addition, employer-supported child care centers are only occupying less than 1% of the whole child care market. Thus, this study evaluates the current employer-supported child care service system and suggests several principles for its improvement.

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Research about Improvement Way of Fire Investigation System - Regarding Product Liability Responsibility Law - (화재조사 제도의 개선방안에 관한 연구 - 제조물 책임법과 관련하여 -)

  • Mun, Yong-Soo;Kong, Ha-Sung;Yoon, Myong-O
    • Fire Science and Engineering
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    • v.22 no.5
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    • pp.105-111
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    • 2008
  • Improvement of fire investigation system is required to supplement problem that can happen after product liability law enforcement of our country. This treatise searches special quality of inside and outside of the country fire investigation that was enforced present with theoretical background of manufacture water responsibility law and compared. And is based and grasped objective and hangup in police fire investigation, fire fighting fire investigation, engine fire investigation of private fire judgment. By improvement way accordingly first, proposed fire emotion connection studies and establishment and connoisseurship qualification system establishment etc. in the common people private fire diet, judgment, analysis company's necessity second, fire fighting of fire investigation system, police's member anger third, college.

A Study on the Improvement of the Intelligent Robots Act

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.1
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    • pp.217-224
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    • 2019
  • The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

A Study on the Korean Port Management in a viewpoint of Overlap Elimination - Focused on the Related Port Law - (중복배제의 관점에서 본 우리나라 항만관리에 관한 연구 - 항만 관련법률을 중심으로 -)

  • Choi, Keun-Bae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.281-310
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    • 2008
  • An understanding of importance of port has increased according to the in and out environment changes surrounding port. And the jurisdiction of physical distribution including port logistics integrated to Ministry of Land, Transport and Maritime Affairs. It is a good time for review the related port law once more. Present related port law has no problems itself. But because there are many laws about port, so overlap is shown in many aspects. According to this viewpoint, this study has focused to reduce the overlap in the contents of the laws and propose the improvement methods. So as to achieve this goal, I divided study fields into three aspects. The first is the subject of port management and second is the object of port management, the third is contents of port management. And also improvement plan provided in three aspects. Improvement plan is as follows. Firstly, the diversity of management subject is reduced considerably due to the integration of government organization but the problem which what laws among the various laws would adopt to same object is still remained. So it is necessary to make into one or two laws. Secondly, in the case of object of port management, it is essential to cover the port, port facilities and port hinterland with one comprehensive law. Therefore it is important to adjust the related clauses in various laws. Thirdly, in connection with the contents of port management, port development plan or other related port business and etc. described in various laws have to cordinated. At the same time, it is desirable that the similar terminology used in various laws would be unified.

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Some Problems of Impeachment-Related regulations in Current Law and Direction of Improvement Legislation (현행법상의 탄핵관련 규정의 몇 가지 문제점과 개선 입법방향)

  • Pyo, Myoung-Hwan
    • Journal of Legislation Research
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    • no.54
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    • pp.7-37
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    • 2018
  • This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

Improvement Strategy of Law-System for Rural Landscape Planning (농어촌 경관계획 관련 법제도의 개선방향 검토)

  • Park, Chung-Shin;Kim, Seung-Keun
    • Journal of the Korean Institute of Rural Architecture
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    • v.15 no.3
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    • pp.25-32
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    • 2013
  • This study aims to suggest the improvement strategy of law-system for rural landscape planning. The results are as follows. First, for the establishment of the rural and fishing village landscape planning, it is necessary to change the concept of the scene into Landscape to watch from Landscape to feel from now on. Second, it is necessary to establish a rural and fishing village landscape planning of the local unit to manage the rural and fishing village landscape systematically. In addition, it is necessary to cooperate with the Scenic Conservation Act in contents of the basic planning when we perform rural and fishing village development business. Third, it is necessary to make an extra landscape management planning to consider local landscape resources to develop a rural and fishing village. Finally, with an improvement direction of the plan establishment, the action to practice and management in the future is necessary. This method may do wider public information with establishing the management mechanism of the rural and fishing village landscape.

A International Comparative Study on the Bidding System & Policy for the Public IT Project (공공 IT 프로젝트 수발주 제도와 정책의 국제간 비고)

  • Noh, Kyoo-Sung
    • Journal of Digital Convergence
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    • v.6 no.1
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    • pp.11-19
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    • 2008
  • The Bidding System of the public IT project in Korea is fallen behind, because of the ordering habitual practice based old system, overcompetition based sealed bid and subcontract practice. To innovate this old-fashioned practice for public IT project bidding, this paper wants to generate a proper improvement direction of the public IT project contract law and the related policy through the literature review about the ordering and receiving system in Korea, the practical survey about bidding marketplace in Korea, and competition between bidding system and/or policy of major countries: USA, UK, France and Japan. As a result of practical survey, many problems of the current public IT project bidding system came out and improvement ideas toward future situation turned up. These outputs implicate that the current law and system related public IT project demands better improvement work for the future ubiquitous Korea. Therefore, this paper, to solve these problems about bidding systems and practice, propose the new public IT project contract law and the related policy, reflecting these improvement ideas by the practical survey and the literature review, and benchmarking points from bidding system of other countries.

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A Study on the Judicial Supervision of Commercial Arbitration in China and Areas in Need of Improvement (중국상사중재의 사법감독 실태와 개선방안)

  • Oh, Won-Suk;Kim, Tae-Gyeong
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.91-130
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    • 2010
  • This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

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A Study on Legislation Related to Noise Countermeasures in Military Airfield (군용비행장 소음대책 관련 입법안에 대한 연구)

  • Kim, Yong-Hun;Hawng, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.355-384
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    • 2017
  • In Korea, a Law on Airport Noise Prevention and Noise Control Area Support has been in effect since 2010. And also, airport noise measures project and residents support project conducted following the Law on Airport Noise Prevention and Noise Control Area Support. However, a Law on Airport Noise Prevention and Noise Control Area Support does not apply to military airfield. Many city residents already complain about military airport noise, but there are no countermeasures. They claim the noise from the military airfield is an intrusion on their lives, and some people brought a class action against the government. In the 20th National Assembly, some congressmen already proposed some legislations that aims to support residents adjacent to the military airfield. Nevertheless, relevant legislations are currently pending at the 20th National Assembly. Legislation preventing aircraft noise and providing support measures is essential to residents life who near by military airfield. At first, this study looked at legislations proposed by congressmen in the 20th National Assembly. And also, this study looked at A Law on the Improvement of Living Environment around the Defence Facilities of Japan. Based on this study, we did an analysis of the problem of legislation and proposed improvement suggestion. I hope so that this study could someday help congressmen make a legislation about military airfield noise. We hope the 20th National Assembly will pass the legislation finally to help the residents who near by military airfield relieve their pain by noise and restore their human dignity.

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