• Title/Summary/Keyword: laws & regulations

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A Study on Origin of Coastal-Offshore Illegal Fisheries and some Establishment Devices of Fishery Order in Korea (우리나라 연근해 불법어업의 유형별 발생원인과 어업질서 확립방안에 관한 연구)

  • CHOI, Jong-Hwa;JEONG, Do-Hun;CHA, Cheol-Pyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.14 no.2
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    • pp.191-212
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    • 2002
  • The economic and social bad influences of the illegal fishery bring about the results of the fishery resources exhaustion, of the fishery disorder and of the obstruction to sound management for fishery. The typical illegal fishery conducted in the coastal and offshore area of Korea can be divided as follows; fishery conducted by legally unauthorized method, fishery without permission from the Government, and fishery conducted in contravention of the laws and regulations concerning the fishing vessel, fishing gear and fishing method etc. The major reasons of origination of the illegal fishery in the coastal and offshore area of Korea are; Firstly, almost of the fishermen are poorly equipped in economical scale, Secondly, it is very easy to approach the illegal fishery because the domiciliation condition of the fishing village is deteriorated. Thirdly, almost of the fishermen are lacking in lawabiding spirit. Fourthly, the insolvent and unstable fisheries management policy with the lukewarm enforcement of the fisheries laws and regulations by the Government. Fifthly, the small scale family supporting fisheries are widespreaded. Sixthly, to retrieved the economical difficulties the fishermen are easily led astray the illegal fishery. As a conclusion the authors made some suggestions to stamp out the illegal fishery by this study. For the first, temptation fishermen into lawabiding fishery through intensification of the penal regulations is required. Second, simplification of the fishery type through combination of resemble fishing methods is required. Third, actual improvement of the fundamental fishery permission regime is required. Fourth, Introduction of the self-regulating or co-management system for the fishery management is required.

A Study on the Laws and Regulations in Korea through the Analysis of Cybersecurity Workforce Developing Laws and Regulations in U.S. (미국 사이버보안 인력 양성 법·규정 분석을 통한 국내 법·규정 개선 방안 연구)

  • Hong, Soonjwa;Kim, Joonsoo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.1
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    • pp.123-139
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    • 2020
  • In 1987, Computer Security Act was enacted, requiring computer security awareness and practical training for federal workforce. This is the beginning of US development of federal cybersecurity workforce. It has been strengthening the development of federal cybersecurity workforce policy by establishing OPM regulations and OMB circulation in cases where it is difficult to define by law. Through GISRA 2000 and FISMA 2002, which has been improved, it played a central role for development of federal cybersecurity workforce for more than 10 years. Since then, FISMA 2014 has been enacted as a necessity for supplementing technology and policy. In 2014, the importance of cyber security personnel in US federal agencies has been increased even more, by enacting a single law on cybersecurity workforce twice. We will review the current state of Korea's development of cybersecurity workforce by reviewing and analyzing the development and federal cybersecurity workforce in the United States.

A Study on the Awareness of Country-of-Origin Labeling System with a Focuses on the Consumer and Parties interested (원산지표시 제도 당사자들의 인식에 관한 연구)

  • Hur, Yun-Seok;Yun, Ho-Seong;Lee, Yong-Wan
    • Korea Trade Review
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    • v.42 no.1
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    • pp.99-124
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    • 2017
  • Korea's country-of-Origin-Labeling(CoOL) system has been implemented since july 1, 1991. There is a variety of regulations and standards about the country-of-Origin-Labeling system in South Korea including the customs duty laws and foreign trade laws. For this reason, parties interested may find it difficult to operate the CoOL system, and furthermore, failing to understand those regulations and standards clearly. Therefore, we conducted a survey among parties interested and consumer to assess their level of understanding of the CoOL systems. The result of our study showed that they do not have a clear understanding of the CoOL systems. Due to a lack of sufficient understanding of the system possibly leading to violations of Country-of- Origin labeling(CoOL) regulations and standards, it is essential to consider an innovative and practical solution to resolving this issue.

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Priority for the Improvement on Natural Conservation Zone system (자연보전권역 관련 제도개선 우선순위에 관한 연구)

  • Lee, Yun Sang;Ahn, Hyeon;Lee, Mi Hong
    • Land and Housing Review
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    • v.10 no.2
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    • pp.1-13
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    • 2019
  • This study suggests that the system improvement priority of the Natural Conservation Zone of the Metropolitan Area Maintenance Planning Law, which was enacted for about 37 years. First of all, through the precedent research and the consultation meeting, the improvement plan was divided into the short term and the mid(or long) term. Important findings and implications are as follows. The short-term priority results were 'Improve water quality regulation', 'Strengthen individual location regulations of factories and induce multi-use plan position', and 'Improvement of waterfront area regulation', which were both critical and urgent. The mid-term(or Long-term) priority results were 'To integrate development and environmental duplication regulations', 'Abolition and unification of environmental laws', and 'Adjustment and resetting of natural conservation areas', which were both critical and urgent. On the other hand, 76.4% of the residents and 64.5% of the experts are concerned about the necessity of improvement of the Natural Conservation Zone system. Both residents and experts seem to be aware of the necessity. Opinions about Improvement and mitigation of regulations on Natural Conservation Zone that were constantly raised. In the past, there was a temporary and fragmented institutional mitigation of the government. However, with the rapid development of eco-friendly technologies since 2010, Our Country Conditions is in a transition period. This study has significant implications for the improvement and mitigation of metropolitan area regulations.

A Suggestions for Building Regulation through the Analysis of Problems among the Building Evacuation Laws (건축물 피난규정간 문제점 분석을 통한 법령 개선방향 설정에 관한 연구)

  • Hwang, Eun-Kyoung;Kim, Dae-Hee;Cho, Jeong-Hoon;Hwang, Keum-Sook
    • Fire Science and Engineering
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    • v.21 no.4
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    • pp.105-114
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    • 2007
  • Recently the consideration for occupants' security has been raised as very important design element from the fire by building's large sized, higher storied, and its compounded. But the domestic Laws regulated the predicative laws according to the technical standard which has no difference from the past domestic evacuation regulations. Therefore when big fire occurs, it is not enough to guarantee for occupants to escape safely. Specially since domestic escape relevant laws are divided into Architect relevant law and fire fighting relevant law, it has caused to bring various problems. So This study will show the problems of the evacuation regulation which is registrated in the Architect relevant law and fire fighting relevant law. And also later, when Architect escape relevant laws re-registrate, this study will be used as foundational materials.

Study on Remodeling Korean Logistics Laws for Strengthening Integration and Adjustment Function of Logistics Policy (물류정책의 통합.조정기능 강화를 위한 물류법제 개선 방안에 관한 연구)

  • Park, Min-Gyu
    • Journal of Korea Port Economic Association
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    • v.23 no.2
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    • pp.63-86
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    • 2007
  • Historically, government has facilitated logistics by building the airports, the seaports, the rail and transit lines, subsidized their operations where necessary, and established the basic laws and regulations pursuant to which the industry serves the public. In the late 1990s and early 2000s, Korean government began to prepare the basic laws of logistics and nowadays it has tried to refine national logistics laws to reflect contemporary industry conditions and evolving ideological attitudes. The policy objectives governing logistics regulation have changed significantly since 2000. This article traces the current status of the Korean logistics laws which regulate one of the nation's most important industries and suggests certain amendment of current laws.

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A Study of the Installation Regulation and Condition about a Bicycle Parking Facility of Buildings (건축물의 용도별 자전거주차장 설치기준 및 실태에 관한 연구)

  • Lee, Sung Ok;Kim, Soo Am
    • KIEAE Journal
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    • v.9 no.6
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    • pp.73-80
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    • 2009
  • The purpose of this paper is to suggest rules and regulations about a bike parking facility, With the objective of expanding bike parking facilities for the comfort of bikers. In Korea, the requirements to establish the facility comply with several regulations like laws for the encouragement of bike usages, rules and regulations for the encouragement of bike usages, regulations of Gyeonggi Regional Corporation rules and Korea National Housing Corporation(Korea Land and Housing Corporation) and requirements for the approval of green buildings. Such rules regulate the number of parking spots depending on the number of nearby houses and the size of a parking facility. Amongst the foreign regulations about the facility is 'obligatory regulations for the establishment of a bike parking facility' in Japan. In the United States, all states apply rules about the bike facility to determine the number of bike parking spots in accordance with the number of car parking spots. Comparing Korean rules regarding the bike parking facility with those of foreign governments will give a good insight into the current situation of Korean regulations. In order to investigate the current usage of bikes, 30 houses in Goyang city, 35 schools, 16 retails shops and 20 medical centers were researched. Thereafter, a correlation test between the size of buildings and the number of bike parking spots was carried out. The result of the test indicates that there is a lack of space for bike parking. It is recommended that the bike parking facility be installed with a convenient access to a building in order to increase the rate of bike usages.

A Study on the Nursing Profession as Stipulated by Health & Medical Laws of Korea (우리나라 보건의료법령에 명시된 간호에 관한 연구)

  • Kim, Eun-Young
    • Research in Community and Public Health Nursing
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    • v.8 no.1
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    • pp.116-132
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    • 1997
  • The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

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Comparison of the Current Migration Testing Regulations for Plastic Containers and Packaging Materials in EU, USA and Korea or Japan (유럽연합, 미국, 한국 및 일본의 합성수지 용기.포장재에 대한 현행 이행실험 규정 비교)

  • Lee, Keun-Taik;Lee, Chang-Sung
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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    • v.5 no.2
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    • pp.42-58
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    • 1999
  • Packaging materials and articles that are used in food contact applications can transfer constituents in the foodstuffs. This kind of risk of possible health hazards to consumers has been generally recognized for a long time with the consequence of establishing corresponding food regulations in most developed countries. However, the language of these laws, their interpretation, and their level of enforcement vary from country to country. Accordingly, the actual migrating levels from packaging materials can be varied depending on the migration testing methods as prescribed in the national legislation in each countries. Therefore, there are needs of elimination of non-tariff trade barriers raised by sanitary and phytosanitary or technical measures under the Final Act of the UR Agreement. In this connection, the EU and USA are currently in an ongoing process of legislation harmonization to overcome potential barriers to free trade. In general, regulations governing component transfer in the USA are more complicated and comprehensive than similar regulations in Europe. In future, standard migration testing procedures for microwave heat susceptor materials and for the use of fatty food simulant should be established and also harmonized among countries. The objective of this investigation is to compare the current regulations for migration testing for plastic containers and packaging materials in USA, EU and Korea or Japan. For those regulations, Korean standards are required to be kept up with the international standards. By doing this, the related Korean regulation could be amended along with the worldwide progress for harmonization.

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A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.