• Journal of Environmental Health Sciences
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• v.45 no.4
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• pp.310-320
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• 2019

Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

• Fourth Industrial Review
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• v.1 no.2
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• pp.17-20
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• 2021

Purpose - "Higher education of vocational education focuses on Discipline competition" This is the requirement of the education sector in China for the Application-oriented Undergraduate in the 21st century. As an integral part of Higher education vocational education, Discipline competition is not only an effective way to test the higher education reform of the Application-oriented Undergraduate, but also a measure of the level of Application-oriented Undergraduate. Research design, data, and methodology - The study conducted a survey on SPSS 24.0 Through factor analysis of 192 questionnaires data. After empirically analyzing the data, we found that the factors can be classified into four main factors. Result - This study shows that in terms of gender, boys are more susceptible to external factors and time factors while girls are more vulnerable to internal factors. And girls are more susceptible to internal factors. In terms of professional categories, non-teacher students are more likely to be hindered by external factors such as missing entry information. Conclusion - This paper assumes that there are significant differences in internal promotion and barriers in different disciplines competition.

• The Journal of Industrial Distribution & Business
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• v.12 no.9
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• pp.31-42
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• 2021

Purpose: After the reform and opening up, China's overall economic development has entered a new era. From mutual investment and trade transactions between domestic provinces and regions to investment and trade with foreign companies, the continuous supplement of investment funds makes the follow-up development of all aspects of economic development smoother and has played a strong impetus. effect. Foreign direct investment has many influences on the economic development of a country or region. Research design, data and methodology: This article uses the sample data of Shandong Province from 2011 to 2019 to analyze the foreign direct investment in Shandong Province by industry, region, method and other aspects, and study the relationship and influence between foreign direct investment and economic growth. Results: The results show that there is a relatively close relationship between foreign direct investment and economic growth, and it has played a role in promoting economic development in many aspects such as industrial structure, foreign trade, and employment. Conclusions: At the same time, corresponding suggestions are put forward based on the analysis and conclusions drawn.

• Analyses & Alternatives
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• v.2 no.1
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• pp.71-106
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• 2018

The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

• Journal of Korean Society of Archives and Records Management
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• v.15 no.3
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• pp.169-191
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• 2015

The purpose of this study is to examine the driving forces and main contents of the reform of the records and archives management system in Japan from the 2009 enactment of the Public Records and Archives Management Act. The key essentials of the reform can be explained in two ways. First is through the legal system, a multilayer structure of the law and guidelines to the institutional documents management regulations for an effective application to each administrative institution. The other is the Public Records and Archives Management Commission, a deliberative body that guarantees the rigorous application and enforcement of the rules and regulations. One of the remarkable outcomes from the reform is the compulsory creation of minutes of the countermeasure meetings in government agencies related to the Great East Japan Earthquake Disaster, as well as the various significant cabinet meetings through a revision of the Guidelines for Public Administrative Records Management. In addition, the new construction of the National Archives of Japan and its meaning have been examined. It is being pushed ahead, with the active support of the ruling party members, through activities such as research and review meetings for improving the functions and facilities of the National Archives of Japan.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.46 no.12
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• pp.1056-1069
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• 2018

In order to promote the commercial space activities of the private sector, the Trump Administration announced the commercial space regulatory reforms by issuing the Space Policy Directive-2 (SPD-2) on May 24, 2018, followed by the SPD-3 dealing with a separate issue of the space traffic management on June 18. Both executive orders, based on the recommendations prepared by the National Space Council (NSC) reconstituted in June 2017 and signed by the President, involve regulatory reform policy related to launch services, commercial remote sensing, establishment of one-stop shop office in Commerce Department, radio frequency spectrum, export control, and space traffic management, providing a strong guidance to the Federal Government. The commercial space regulatory reform policy can be seen in broader terms of the National Security Strategy earlier announced on Dec. 18, 2017, and as such, it pursues the economic growth of the U.S. and the national security as well. The U.S. law and policy prioritizing its national interests by promoting commercial space activities may lead to concerns and debate on the potential breach of the provisions of the Outer Space Treaty. Hence, it is worth noting the legal implications as derived from the U.S. space policy and domestic legislation, thereby accelerating international discussion to build on international norms as appropriate to the pr ogress of space technology and space commercialization.

• Journal of Legislation Research
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• no.41
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• pp.43-85
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• 2011

Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.73
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• pp.65-90
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• 2017

The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

• Journal of Digital Convergence
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• v.22 no.3
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• pp.1-7
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• 2024

This study provides an in-depth analysis of the impact of the deepening reform and opening-up policies announced at the 20th CPC Central Committee's Plenary Session, particularly focusing on the <Foreign Investment Law> and its effects on the tax decisions and organizational restructuring of Korean companies operating in China. Using a comprehensive literature review and policy analysis, the study compares the dual legal structure and tax differences before and after the implementation of the law, assessing how legal unification has influenced the organizational forms and tax strategies of Korean companies. The findings indicate that the <Foreign Investment Law> has played a crucial role in enhancing legal consistency and tax equity between foreign-invested enterprises and domestic enterprises, thereby enabling Korean companies to manage their operations in the Chinese market more stably and efficiently. Additionally, in the context of the ongoing U.S.-China trade conflict, the law's provision of national treatment and tax benefits has proven to be a significant factor in the survival strategy of Korean companies in China. Future research should focus on empirically examining the long-term effects of this law and its impact on actual corporate performance.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.311-330
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• 2006

As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.