• Title/Summary/Keyword: laws & regulations

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The System and Content of North Korean Medical Laws (북한 의료법규 체계와 그 내용)

  • Hyun, Doo-youn
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.3-43
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    • 2016
  • The North Korean medical laws are consisted of 'People's Health Act' and 'Medical Act' in the peak of the North Korean constitutional law. Before the legislation of 'People's Health Act', a number of medical laws and regulations existed. But, at present, there is no information about its amendment and effectiveness. 'People's Health Act' legislated in 1980 declared fundamental principles and policies of the North Korean health care system. 'Medical Act' legislated in 1997 is the basic law among the North Korean medical laws. It presented the goals and fundamental principles of the North Korean health care, and then regulated the basics about 'Tests and Diagnosis', 'Medical Treatment', and 'Medical Appraisal'. 'Medical Act' of North Korea was established later than South Korea, and its provisions is smaller in number. And there are lots of abstract and declaratory provisions compare with South Korean 'Medical Act'. Especially there is no provision about the kind and requirements of medical personnel and medical institutions, so it is hard to grasp the North Korean health care system at once. Regarding the medical treatment, there are many similar contents between the North and South Korean 'Medical Act'. But, the provisions, such as regarding mixing the new medicine and the korean traditional medicine, encouraging natural therapies in medical treatment, and informing the patient's protector of bad diagnostic result if there is concern to have a bad influence on patient, are different from the South Korean 'Medical Act'.

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International Airfares and Application of Competition Laws (국제항공운임과 국내 경쟁법규의 적용)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.93-125
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    • 2011
  • The International Civil Aviation Convention (Chicago Convention) has been a backbone of international air transport system whereby air transport between States should be based on bilateral agreements, and in particular, international airfares, which are set up through IATA(International Air Transport Association) rate-fixing machinery could be approved by the governments concerned. International airfares are fares for transporting passenger and freight and their conditions between two or more countries. However, since U.S. pursued th deregulation policy in 1978 whereby routes, capacity and fares could be freely determined by airlines, many States have been following so called open-skies agreements. In many cases, aeronautical and competent authorities have been reviewing whether airlines' commercial activities including air fares could possibly conflict with free competition rules envisaged in relevant laws and regulations. As competition among airlines gets intense, airlines often resort to cooperation with other airlines in the forms such as equity exchange, M&A, code-sharing, fares consultation and resource pooling, mainly with a view to effectively use resources available and to avoid monopoly situation resulting from excessive and destructive competition among players. Whereas bearing in mind that application of competition laws is important to secure consumers' interests by preventing airlines's malpractices such as bargaining exorbitant fares, it is also important to comprehensively consider as many factors as possible, from that unilateral measure by governments may bring about retaliatory measures by the governments affected, to that airlines' cooperative practices may rather increase consumers' benefits by lowering air fares.

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Comparison between the Chemical Management Contents of Laws Pertaining to the Ministry of Environment and the Ministry of the Employment and Labor (환경부의 화학물질관리법, 화학물질등록 및 평가에 관한 법률, 고용노동부의 산업안전보건법의 화학물질 관련 내용 비교)

  • Yoon, Chungsik;Ham, Seunghon;Park, Jihoon;Kim, Sunju;Lee, Sangah;Lee, Kwonseob;Park, Donguk
    • Journal of Environmental Health Sciences
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    • v.40 no.5
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    • pp.331-345
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    • 2014
  • Objectives: The exponential growth of chemicals, an area of high concern in developed countries like the US (i.e., the Gore Initiative) and in the EU (i.e., REACH), as well as recent chemical accidents in Korea, have provoked nationwide concerns and resultant legal enforcement. This study aims to compare the laws of the Ministry of Environment (the Chemical Substances Control Act (CSCA), Act on the Registration and Evaluation, etc. of Chemical Substances (ARECS)) with those of the Ministry of the Employment and Labor (Occupational Safety and Health Act (OSHA)). Methods: Each law pertaining to the Ministry of Environment and the Ministry of the Employment and Labor was downloaded from the official legal information system (www.law.go.kr). The objectives of each law and the major contents related to chemical management were compared and summarized. Results: The CSCA and the ARECS are focused on the protection of people and the environment, while the OSHA relates to the protection of workers. The right to know of people and workers has been reinforced. The former two laws emphasize prevention, but the OSHA contains both preventive and post-accident measures. The role of the Ministry of Employment was reinforced with the promulgation of the CSCA and ARECS, which contain regulations such as adjacent area impact evaluation, risk control planning, chemical statistical survey and construction and operation of information, provision of risk control plans, response to chemical accidents and registration of chemical substances. Conclusion: We found that the three laws discussed here have several similar clauses designed to protect people and the environment from risks that may be caused by the use of chemicals, even though there are some differences among them in terms of objectives and contents. This review concluded that several clauses that can be regarded as double regulation should be unified in order to minimize the waste of government administrative resources and socio-economic losses.

An Analysis of the Specialist's Preference for the Model of Park-Based Mixed-Use Districts in Securing Urban Parks and Green Spaces Via Private Development (민간개발 주도형 도시공원.녹지 확보를 위한 공원복합용도지구 모형에 대한 전문가 선호도 분석)

  • Lee, Jeung-Eun;Cho, Se-Hwan
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.1-11
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    • 2011
  • The research was aimed to verify the feasibility of the model of Park-Based Mixed-Use Districts(PBMUD) around urban large park to secure private-based urban parks through the revision of the urban zoning system. The PBMUD is a type of urban zoning district in which park-oriented land use is mixed with the urban land uses of residents, advertising, business, culture, education and research. The PBMUD, delineated from and based on a new paradigm of landscape urbanism, is a new urban strategy to secure urban parks and to cultivate urban regeneration around parks and green spaces to enhance the quality of the urban landscape and to ameliorate urban environmental disasters like climate change. This study performed a questionnaire survey and analysis after a review of literature related to PBMUD. The study looked for specialists in the fields of urban planning and landscape architecture such as officials, researchers and engineers to respond to the questionnaire, which asked about degree of preference. The conclusions of this study were as follows. Firstly, specialists prefer the PBMUD at 79.3% for to 20.7% against ratio, indicating the feasibility of the model of PBMUD. The second, the most preferable reasons for the model, were the possibility of securing park space around urban parks and green spaces that assures access to park and communication with each area. The third, the main reason for non-preference for the model, was a lack of understanding of PBMUD added to the problems of unprofitable laws and regulations related to urban planning and development. These proposed a revision of the related laws and regulations such as the laws for planning and use of national land, laws for architecture etc. The fourth, the most preferred type of PBMUD, was cultural use mixed with park use in every kind of mix of land use. The degree of preference was lower in the order of use of commercial, residential, business, and education(research) when mixed with park use. The number of mixed-use amenities with in the park was found to be an indicator determining preference. The greater the number, the lower was preference frequencies, especially when related to research and business use. The fifth, the preference frequencies of the more than 70% among the respondents to the mixed-use ratio between park use and the others, was in a ratio of 60% park use and 40% other urban use. These research results will help to launch new future research subjects on the revision of zoning regulations in the laws for the planning and uses of national land and architectural law as well as criteria and indicators of subdivision planning as related to a PBMUD model.

Improvement of Personnel Cost and Placement Scale of Quality Manager for Construction (건설공사 품질관리자의 인건비 및 배치규모 개선)

  • Lee, Chang-Hyo;Kim, Byung-Soo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.38 no.2
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    • pp.327-335
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    • 2018
  • In order to calculate the quality management cost of construction work, the process must conform to relevant laws and regulations. In details, the cost of the various items such as quality test fee and quality control activity cost are required to be calculated. Regarding the quality management costs, the labor cost is applied to the quality examination fee and the calculation unit quantity in the construction quality management duties. The application of the unit price of the labor cost stipulates that Construction Association of Korea and Korea Engineering & Consulting Association apply the unit price which is surveyed and published. However, in the related laws and regulations, the standard of the quality manager and quality tester is not clear. This accounts for the confusion in the cost of construction management and the cost of labor. In the current law, the allocation standard of quality control personnel is specified according to the size of the construction, but the standard of placement of quality testers is not specified. At the construction site, there is no assignment criteria manpower for quality testers except quality managers, or very little work is being done. The quality control personnel conducts the quality test work to be carried out by the quality tester, and this carrying out heavy work. Therefore, it is difficult to maintain quality control activities. In this study, the labor cost of quality management expenses and the allocation criteria of quality managers and quality testers are established and presented for the purpose of securing the quality of the construction work and preventing the construction work. It is stipulated that the standards of the relevant laws and regulations, which are not clear, should be classified into quality control personnel and quality testers according to the size of the construction. Based on the unit price of Korea Engineering & Consulting Association, the personnel expenses of quality managers and quality testers are proposed to apply the unit price of engineer (professional engineer, specialist, advanced, intermediate, beginner) and skilled technicians (advanced, intermediate, beginner).

The Use of School Science Textbooks, and Laws and Rules Concerned with Their Publication and Approval from 1895 to 1915 in Korea (1895년부터 1915년까지 과학 교과서의 발행, 검정 및 사용에 관련된 법적 근거와 사용 승인 실태)

  • Park, Jong-Seok;Chung, Byung-Hoon;Pak, Sung-Jae
    • Journal of The Korean Association For Science Education
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    • v.18 no.3
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    • pp.371-382
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    • 1998
  • The years from 1895 to 1915 marked an important period in Korean because it was the start of modern education during which a new school system was developed. In particular, the Government made laws and rules concerning the use of textbooks in schools. In this research information about books in use in schools was obtained from the {School Textbook List} which was drawn up during this period. Science textbooks printed in Korea from 1895 to 1915 were control1ed in their use by the Ministry of Education and the Government General of Chosen. They used the Private School Ordinance, Regulations for Official Examination of Textbooks in 1908, and Law of Publication in 1909 as the main means of controlling textbooks. The official examination of textbooks under the Japanese rule of Korea resulted in an increasing number of science textbooks being banned. While science textbooks had enjoyed more freedom from control by the Government General of Chosen than other textbooks, the situation changed significantly as Japan to intensify the control of all kinds of textbooks in Korea.

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A Study on the Policy Improvement by Means of a Historical Review of School Health Programs (학교보건사업의 역사적 고찰을 통한 정책 방향에 관한 연구)

  • Kim, Sang-Wook;Kim, Yoon-Shin;Chang, Chang-Gok
    • Journal of the Korean Society of School Health
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    • v.17 no.2
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    • pp.127-150
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    • 2004
  • Objectives: The purpose of this study is to provide a basic structure for the establishment of the direction of school health programs, an overview of the historical changes of school health programs and their results, and a conceptual framework on school health programs. Methods: The data analysis has been done using a statistical almanac, relevant laws and regulations, operation handbook of the program, theses, reports, records of public hearings, and other reports as a technical research primarily based on evidence. The methodology of this research classifies the development and growth transition of school health programs during a historical period through the investigation of regulations, organization, manpower, and its program via its development process and to provide a basic tool to design a solid school health policy. Results: A The growth and development of school health programs The development of school health programs was classified into three different periods including the forthcoming period (1945~1967), the completion period (1967~1993), and the actualization period based on the establishment of legislation for School Health Law, other relevant legislation, and the contents of school health programs (1993~present). B. Policy direction of school health programs School health programs have reestablished their goals and range based on basic direction, and developed the W1it model of information structure for school health program management and its basic structure. Finally, the stepwise support system through the building of the school health support center is recommended. (1) The basic direction of school health programs has proposed 7 basic goals to reestablish the policy direction of health improvement based on total health. (2) The W1it model of information system and the school health information system for school health program management has been developed to utilize positive management. (3) School health policy through the study of the health laws and systems has been developed. The necessity of school health support center for the policy support, functional support and operation support has also been proposed. Conclusions: It is necessary to build a school health support center that consists of health professionals in charge of policy support, functional support, and program support of school health programs in order to realize and develop new policy.

Contents and Migration of Heavy Metals and Phthalates in Children's Products and Phthalates in Children's Products (어린이용품 환경유해인자인 중금속과 프탈레이트의 함유량 및 전이량 조사)

  • Choi, In Seak;Choi, Sung Churl
    • Journal of Korean Society of Environmental Engineers
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    • v.36 no.2
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    • pp.127-138
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    • 2014
  • As increasing concerns about potential risks and hazards in children's products, the laws and regulations for heavy metals and phthalate retardants contained in the children's products have been reinforced in many countries. Especially, in Korea, environment and health laws and regulations for children's products was declared in 2009. This study was researched in terms of contents and migration of phthalates and heavy metals in 124 children's products sold in the Korean market. The results for contents of heavy metals showed that 123 products contained different 14 heavy metals depending on kinds of products. As the results of migration by sucking, the heavy metals in the products such as black, plastic dolls, wood toys, and bottom mat for swimming were transferred into extraction solution. Ba, Cu, Zn, and Sn were transferred from most of these products into the extraction solution and Co, Ni and Pb were additionally transferred into several products. As the results of migration through a skin, while Ba, Cu, and Zn were transferred from most products containing the heavy metals, as for accessories, Cr, Ba, Ni, Zn, and Cu were migrated. The results of contents of phthalates presented that 21 products contained DBP, DEHP and DINP. Only 2 products showed the migration of DEHP by sucking. DEHP in most products were transferred and DBP for 2 products and DINP for 7 products were migrated.

The Establishment of Roles and Titles of Quality Control Personnel for Construction Project Quality Assurance (건설공사 품질확보를 위한 품질관리 관련자의 역할 및 호칭 정립)

  • Lee, Chang-Hyo;Kim, Byung-Soo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.37 no.5
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    • pp.871-878
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    • 2017
  • The quality control personnel of the construction work shall establish and execute the quality control plan or the quality test plan and check the qualification of the used materials according to the process, the management of the test and inspection equipment, the quality education, the own quality inspection and measures. Management and quality test of Korea and plays an important role in preventing accidents. However, related organizations did not explicitly disclose their roles in quality testing and quality control tasks while changing the names of quality control personnel to test personnel and quality managers when revising related laws and regulations and the application of labor costs. Therefore, a research of this is needed to improve conflicting situation. In this study, the ambiguous title relation to the quality control persons is improved to meet the requirements of the construction work based on related laws and regulations, and each role and title is classified as 'quality tester' and 'quality manager'. In other words, the person who carries out the quality test of the "Construction Quality Test Standard" specified in the Guideline for Quality Management of Construction Projects shall be the "Quality Tester" and the person who performs the quality control plan establishment and execution work specified in the Enforcement Rule of the Construction Technology Promotion Act shall be referred to as the 'Quality Manager'.

The Comparative Analysis of the Internal Control According to Economic Changes in Korean Companies

  • Park, Cheol-Soo
    • Journal of Information Technology Applications and Management
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    • v.21 no.3
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    • pp.119-133
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    • 2014
  • Prior to the 2000s, internal control had not been among the high priority issues in the management's agenda. Since then, however, it has become one of the hottest issues, and has received a significant attention as the means of improving the transparency, sustainability, and competitiveness of a company. The objectives of this paper are to examine if there has been any noticeable changes in the level of internal controls of Korean companies before and after the 2010, and to analyze the underlying drivers and issues thereto. Accounting manipulation and moral hazard were among the factors to cause the Korean financial crisis in 1997 and 2008. Since then, the capital market has had a strong pressure on Korean companies to enhance the transparency of management and accounting while the government has made the laws, requirements, and recommendations to alleviate the moral hazard problems of management and enhance the accounting transparency. Both market and government have driven companies to put more priority on the reliability of financial reporting and the compliance of applicable laws and regulations. Thereby, the market and governmental forces has led companies to enhance the level of internal controls which contribute to the reliability of financial reporting and the compliance The pressure on companies to enhance the level of internal controls may be different across industries. The capital market and government experiencing the severe financial crisis in 1997 and 2008 put even more pressure on financial companies such as banks to upgrade the reliability of financial reporting and the compliance of regulations to the global level than on non-financial companies. A survey is performed on the changes in the level of internal controls of 54 major companies consisting of 10 financial and 44 non-financial companies in Korea. The survey results show that the average level of internal controls of Korean companies has noticeably improved and that the change in the level of control environment factor is higher than that of IT control factor. The analysis on the industry differences shows that financial companies increased the level of control environment factor more than non-financial companies did while non-financial companies upgraded the level of IT control factor more than financial companies did relatively. Among internal control categories, the most improved area since the economic crisis is "Risk Assessment." The global best practices for risk management have been developed primarily in the financial industry and then spread to other industries. The general level of control practices of Korean companies has been improving significantly, but still appears below the global advanced practices.