• Title/Summary/Keyword: laws & regulations

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A Study on Extending of the Addressable Object of Address of Things (사물주소 부여대상 확대 방안 연구)

  • Yang, Sungchul
    • Journal of Cadastre & Land InformatiX
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    • v.54 no.1
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    • pp.75-87
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    • 2024
  • There There is a difference in terms of administrative power in that the address of things are not an address under Public Act. In terms of location expression, it is possible to express the location more flexibly and in more detail than the road name address, so it should be improved so that it can be assigned and managed in an appropriate location, so that the location of the entire territory can be expressed together with the road name address. As a result of the comparison between the road name address and the address of things based on the analysis results of related laws such as the existing Road Name Address Act, the Building Act, and the Regulations on the Preparation and Management of Basic Address Information, it was confirmed that there are fundamental limitations of the address of things system. Accordingly, this study attempted to suggest ways to improve the address of thing system by broadly dividing it into the legal aspect and the addressable object aspect. From the legal point of view, firstly, it is necessary to improve the upper and lower level laws by unification together with a clear definition of the term subject of addressable object; secondly, according to the Building Act, facilities that are not used for residence among buildings must be given an address of thing; and thirdly, it is necessary to make it easy to use and link with heterogeneous public data by classifying the registration items of the basic address information map by type of geographical feature to be assigned an address. From the point of view of addressability, firstly, it must be given to all facilities in the relevant category so that it can be recognised that all specific facilities have object addresses, and secondly, it is necessary to be able to address the address of things to places that are used by many, even if there are no facilities.

A Case Study on the Violation of the WTO-TRIMs Agreement in the China - Focusing on the Auto Parts Case- (중국의 WTO.TRIMs 협정 위반 분쟁사례에 관한 연구 - 자동차 부품 사례를 중심으로 -)

  • Kim, Jong-Hun
    • International Commerce and Information Review
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    • v.14 no.1
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    • pp.221-246
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    • 2012
  • The purpose of this study aims to analyse the case on the violation of the Agreement on WTO-TRIMs in the China with auto parts case. The Agreement on Trade Related Investment Measures(TRIMs) are rules that apply to the domestic regulations, a country applies to foreign investors, often as part of an industrial policy. The agreement was agreed upon by all members of the WTO. The TRIMs Agreement bans any laws, policies or administrative regulations favouring domestic products. This includes government incentives to encourage corporations to use domestically made products as a way of creating or protecting local jobs. The Agreement on TRIMs is only one such restriction within the broader WTO regime. Policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned. In many ways the Agreement on WTO-TRIMs is less significant than the WTO agreements on services, etc. The TRIMs Agreement does not involve any new rules or disciplines, referring only to the existing provisions under the GATT. However, by enforcing GATT provisions on 'national treatment', this short and simple agreement has had farreaching effects on auto parts, etc. Meanwhile, China has been members of the WTO late 2001, once the measures imposed high-rate tariff for import parts was intended to regulate importer of auto parts in order to avoid the high-rate tariff.

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A Study on the Reestablishment of the Drone's Concept (드론 개념의 재정립에 관한 연구)

  • Lee, Seungyoung;Kang, Wook
    • Korean Security Journal
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    • no.58
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    • pp.35-58
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    • 2019
  • Drone was originally developed for air force aircraft or missile exercise shooting targets, and is being considered as the entire unmanned aircraft to the public. The core concept of a drone can be divided into 'unmanned' and 'aircraft'. However, there are many questions about whether the Fourth Industrial Revolution, expressed as a convergence scientific innovation, is appropriate at a time when smart cities are proposed as a concept of new urban spatial formation, and the role of self-driving vehicles, including drones, is being emphasized within the new urban integrated transport system. In this study, the concept of the existing drones was analyzed for the development process, definitions in each country's laws, and the results of the preceding research to present a concept suitable for future society and a unified term. It is not desirable to define a drone for the purpose of a country, an institution, or an operating entity, depending on the circumstances of the era. It is more reasonable to find the concept of a drone based on human life than in the traditional way, and more reasonable considering the development of the drones in the future. Subsequent studies should be more detailed, more data and research results analyzed, and discussed areas that were not covered in this study. Based on this, research should also be conducted on a variety of topics, including legislation, preparation of operational regulations, and related industrial processes and regulations.

Policy Factors in the Development of IT Assistive Devices: A Comparative Study between Korea and America (정보통신 보조기기 발달의 제도적 요인: 한국과 미국의 비교)

  • Cho, Joo-Eun
    • The KIPS Transactions:PartA
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    • v.14A no.1 s.105
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    • pp.25-30
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    • 2007
  • Korea has deeper digital divide between disabled and non-disabled people than other industrialized countries have. This study attributes the deep divide to policy factors and attempts to discern differences in policies concerning IT assistive devices between Korea and America. This study finds that major differences in policy exist between the two countries, and the differences account for Korea's unsatisfactory state of digital divide. Firstly, Korra has different 'perception' of assistive devices. While IT assistive devices are perceived as rehabilitation tools as well as bridges over digital divide in America, they are still foreign to social welfare and rehabilitation of disabled people in Korea. Secondly, the two countries differ in 'enforcement of policy.' In Korea, unlike in America, compliance with regulations on assistive devises is not compulsory. Besides, laws and regulations do not clarify possible sources of financing and legal sanctions, thus their enforcement is hardly effective. Thirdly, Korea's strategy for assistive device 'market' is very different from America's. America has long-term strategies to enliven the market for IT assistive devices. But Korea provided a lump sum of device development fund, and then gave out the assistive devices free of charge. As a result, the IT assistive device market has not been formed, and the foundation for further device development is yet to be constructed.

A Study on the Comparison Between China's Anti-Dumping System and WTO Agreement (중국 반덤핑 법규와 WTO 규범과의 적합성 비교 연구)

  • Shin, Sung-Shik;Choi, Hae-Bum
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.323-349
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    • 2011
  • As China is one of WTO member nations, It has an obligation to have to certainly keep a standard regarding anti-dumping systems deciding in WTO agreements. Nonetheless the Chinese anti-dumping laws is causing legal uncertainty because of insufficient details regulations about the account of dumping margins, the termination of an investigation in case of negligible imports, and sunset review And a part of regulations are disagreed with WTO anti-dumping agreement about price undertakings. Therefore, South Korea should indicate them and urge the Chinese government to revise them so that its anti-dumping Law is agreed with WTO agreement. Aside from this, if the anti-dumping investigation is initiated, South Korea government must observe how the Chinese authorities operates its anti-dumping law that do not agree with WTO agreement, and should prepare the countermeasure accordingly. The analysis of this study is concentrated on the compatibility of the WTO anti-dumping agreement with China's interpretation of the antidumping policy and public law. Also, Including our export company, government agencies, academic circles being related, and international trade advisory agencies must expand opportunity of information sharing.

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A Study on Lawsuit Cases and Measures of Emergency Medical Service (응급의료서비스 중 발생되는 소송사례와 대책 연구)

  • Kwon, Hay-Ran
    • The Korean Journal of Emergency Medical Services
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    • v.13 no.3
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    • pp.77-90
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    • 2009
  • Civil complaints and lawsuits filed in the process of providing emergency medical service include fall accident on the way of carrying the patient, transfer consent, refusal and rejection of rescue request, range and behavior restriction of emergency medical technicians, false registry of logbook, neglect of duty and emergency patient, and violation of traffic laws on the way of dispatch to the scene of accident. This study suggested the measures by cases as follows. 1. The accidents on the way of carrying a patient could be divided into fall of patient and fall by paramedic's mistake. In the former case, damages caused by the ambulance's shaking must be notified to the patient and guardian and recommended to fasten seat belt, in the latter case, the plan of patient's posture, route of transport, rescue and equipments should be comfirmed before fixing the patient. 2. Transfer consent must be made as implied when the patient is unconscious under delusion and was not able to consent physically, and paramedic must take an action by his judgment and record details of services on logbook. 3. When a patient refused to transfer, get 'confirmation of transfer refusal' and inform him of refusal. Paramedic should receive the signature. In addition, in case of refusal, transfer request should be made after hearing doctor's opinion and it should be notified to transfer request and superintendent of fire station after making 'confirmation of transfer refusal'. 4. Emergency medical technicians should perform their duties within the range of services prescribed by Article 41 of Law of Emergency Medical Service and Article 33 of Its Enforcement Regulations and shall not make announcement of death. In case of reporting the death to guardian, it is desirable to use record data like ECG results. 5. The best way to have protection from legal problems is making and keeping the exact records of accident and patient. Paramedic should not mention his subjective opinion about the accident-related matter. He must record correctly and keep the original medical records. 6. As emergency medical technicians are responsible for taking care of emergency patients, they must contact a briefing room when they meet a difficult situation suddenly due to vehicle stop or treatment of other patients and then must have support from neighboring hospital and other safety centers. 7. Since the ambulance operator is responsible for safety and careful driving of ambulance, he must be careful when he violates traffic regulations unavoidably. The operator should drive slowly below 10km/h at an intersection and pass it after getting way from general vehicles driving from all directions.

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A Study on the Necessity and Direction of Regulations on the Emission of Hazardous and Noxious Substances from Marine Industrial Facilities (해양산업시설의 위험유해물질 해양배출 규제체계 개선의 필요성과 규제방향에 대한 연구)

  • Lee, Moonjin;Kim, Kyewon;Kang, Wonsoo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.6
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    • pp.737-743
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    • 2021
  • In this paper, the current status of marine industrial facilities, regulatory legal systems, and emission status of hazardous and noxious substances (HNS) in these facilities were analyzed, and the direction of improvement of the regulatory system was presented accordingly. As a result of the analysis, it is estimated that about 1,100 marine industrial facilities are subject to the Marine Environment Management Act of 2007. It is estimated that 190 kinds of hazardous substances are discharged from these marine industrial facilities and are highly likely to flow into the ocean, of which 20 are estimated to be discharged into the water system. However, due to the lack of relevant laws and regulation, it is difficult to clearly determine whether the discharged material corresponds to an exceptional discharged material, making it difficult to effectively enforce regulations in the field. For this reason, effective regulatory enforcement is difficult in the regulatory field. The marine environment management law should clearly stipulate the exceptional emission standards and types of substances, and clarify the selection system, risk assessment system, and emission information collection and monitoring system for related Hazardous and Noxious Substances.

A Study on Social Responsibility's Legal Aspects and Its Expectation Effectiveness of Chinese Large Commercial Banks (중국 대형상업은행 사회적 책임의 법률적 측면 및 기대효과에 관한 연구)

  • Roh, Eun-Young;Kim, Ju-Won;Kim, Yong-June
    • International Area Studies Review
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    • v.18 no.3
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    • pp.147-173
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    • 2014
  • The economic growth of China, an average of 9% as an external performance, has caused lots of side effects in the country. The social issues such as income gap, especially the wide gap between the rich and poor, and regional divide are the main cause of concerns that China's economic growth is not sustainable. It prompted the Chinese government to realize that institutional regulations on CSR are not optional but required to promote the sustainable development of corporations. In 2006, CSR was addressed for the first time in China, as the government established the November 5 Plan and revised "Company Law". The government garnered social attention by introducing CSR for the first time in November 5 Plan. Also, the government established December 5 Plan in 2011 to set a key goal as 'sustainable development' and reflect concrete measures for CSR in its corporate policy. In particular, Commercial Bank has a social responsibility to establish more concrete, forceful regulations than those of general corporations, as a financial intermediary. Thus, this study is aimed at exploring how the social responsibility of Commercial Bank is reflected in the Banking Act, the issues, and legislative directions on the social responsibility of Commercial Bank in China.

An Evaluation on the Food Safety Policy of the EU after Mad Cow Disease Crisis : Social Welfare and Political Economic Perspective (광우병 위기 이후 도입된 유럽연합의 식품안전정책에 대한 평가 : 사회후생 및 정치경제적 관점)

  • Park, Kyung-Suk
    • International Area Studies Review
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    • v.22 no.3
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    • pp.255-292
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    • 2018
  • This paper evaluates the new food policy adopted by the European Union to enhance the food safety after the mad cow crisis occurred in 1990's. Newly introduced rules at the EU level are characterized by two features. Firstly, an important part of them have the form of Regulation which is a binding legislative to all member countries. Secondly, most of them are horizontally applied to the whole food industry, irrespective of their kinds of performance, hygiene or labelling. According to theoretical studies on this topic, any food safety regulation for solving adverse selection problem or reducing negative externality in food consumption should be fine-tuning depending on the concrete demand and costs conditions of the food sector concerned. In this theoretical perspective, the food safety laws introduced at EU level after mad cow crisis have been over-regulated for improving social welfare. The true motivation for the transfer of the policy competence on food safety to the Union level is political rather than economic. Our analysis with a political economic perspective shows that how the EU food regulations have been embraced not only by the governments of member countries, but also by diverse interest groups like food processor & distributors, consumers and agro-livestock groups, and that they have been used as protectionist purpose specially against non-member developing countries. Taking into account the fact that the basic aim to form the Union is to establish a single market to enhance economic efficiency at the Union level, the EU is required to adopt some policy actions to reduce negative effects of too restrictive food safety regulations.

An investigation on the Improvement of the Working Environment Measurement Reporting Policy (작업환경측정 보고제도 개선 방안 도출을 위한 조사 연구)

  • Lim, Dae Sung;Kim, Chi-Nyon;Lee, Seung kil;Park, Jung-Keun;Kim, Ki-Youn
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.2
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    • pp.172-181
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    • 2022
  • Objectives: In order to reduce the burden on employers and increase the reliability of measurement results, improvements to the provisions related to the work environment measurement reporting system, such as the current Occupational Safety and Health Act and its Enforcement Rules, are planned. This study aimed to suggest improvements for the work environment measurement reporting system through a survey and Delphi investigation. Method: This survey included workplaces (health managers), national institutions (the Ministry of Employment and Labor) that use the results of the work environment measurement reporting system for policy and supervision purposes, and work environment measurement institutions that enter the results were included. In addition to the survey, we tried to derive results through meetings with stakeholders and expert advisory meetings. Results: It is difficult to abolish or partially improve the reporting system under the Enforcement Regulations of the Occupational Safety and Health Act at this point because the opinions of workplaces, supervisory agencies, and measuring agencies differ in terms of its intended purpose and use. In the case of high-exposure harmful factors (over 50% on the basis of exposure) in the "comprehensive opinion" described in the work environment measurement results table, it is necessary to insert unit of work with exposed harmful factors, exposure factors, and current conditions in checklists or tables so that they can be reflected in government policies. In the case of workplaces that are feared to be highly exposed to substances subject to measurement, it seems desirable to improve them so that industrial health instructors registered with the Korea Safety and Health Agency or local labor offices can provide technical guidance. As an improvement plan to increase the reliability of data and the use of big data, it is necessary to improve the input method for processes and jobs. Conclusion: The laws and regulations of the work environment measurement reporting system are difficult to revise due to a lack of consensus among current stakeholders, but improvements can be achieved by improving the Ministry of Employment and Labor's notifications and other means. In addition, in order to effectively utilize the data from the K2B system, it is necessary to improve the input method for processes and jobs.