• Title/Summary/Keyword: laws & regulations

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Effective Domestic e-Discovery Procedures (국내 특성을 반영한 e-Discovery 대응절차)

  • Lee, Shin-Hyung;Lee, Sangjin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.5
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    • pp.1171-1183
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    • 2016
  • Today, many domestic companies often face the lawsuits from the U.S. companies as they expand their business in the U.S. market and it is necessary for the domestic companies to prepare for the e-Discovery process in the systematic manner. Yet, the e-discovery system has not been properly established in Korea, however, domestic companies are growing more and more interests in e-Discovery processes and procedures so that they are seeking for the appropriate actions that they should take when facing lawsuits. When adopting the e-Discovery system in Korea, there are three main considerations including the differences in laws and regulations, enterprise system and language and company culture. This study aims to draw the problems for the Korean domestic companies in responding the U.S. lawsuits and to suggest the specialized e-discovery processes and procedures to effectively overcome them.

A Study on the Improvement and Problems of Environmental Impact Assessment (환경영향평가 내용의 문제점과 개선방안 -문화재항목의 영향평가를 중심으로-)

  • 성현찬;안동만
    • Journal of the Korean Institute of Landscape Architecture
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    • v.21 no.2
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    • pp.91-106
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    • 1993
  • The objective of this study is to prepare a proposal for desired changes in the laws and regulations system of the Environmental Impact Assessment (EIA) about cultural assets preservation. The related Korean regulatory system and literature for EIA have been surveyed and case studies have been analyzed and actual cases where cultural assets protection were of issue have been studied to deduce the problems of those areas. Based on the result of this study, proposed changes are as follows; 1. "Status of cultural Assets" is to be included as common assessment factor for all categories of object projects in "Table 2: Essential Assessment Factors for Individual Project Category" of "Ordinance for Preparation of EIA Statement, etc." 2. "Status of Underground Cultural Assets and Potential Underground Cultural Assets" is to be inserted as a survey factor in "Table 3:Format of and Instruction for Impact Statement". 3. The clause of "-- the survey should be performed on-site and the investigation report should be submitted." is to be inserted in methods of survey in "Table 3". 4. Ground survey of cultural assets should be performed prior to completion of project planning, that is, from the stage of pre-study for site selection. 5. The application of impact abatement from "Methods and Plants for Impacts Abatement" of "Report for Development of EIA Statement Technologies" should be included, with proper modification of timing, in "Ordinance for Preparation of EIA Statement, etc." 6. The expense liability clause in "Cultural Assets Preservation Act" is to be revised as "a certain ratio of expenses for excavation should be borne by the government." 7. Regulatory device for collecting appropriate opinions should be established. It may include Cultural Assets Preservation Committee's hearing to the project owner's opinion. be established. It may include Cultural Assets Preservation Committee's hearing to the project owner's opinion.

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Recycling of Copper & Nickel in ASR to satisfy the EU ELV Directive (유럽연합 환경기준 충족을 위한 자동차폐기물 내의 구리와 니켈 재활용에 대한 연구)

  • Lee, Hyun-Chang;Park, Woo-Cheul
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.10 no.7
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    • pp.1729-1734
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    • 2009
  • About 40 million automotive vehicles all over the world and 0.55 million in Korea were retired from use annually. Every nation is desperate to decrease environmental pollution by ELVs(End of Life Vehicles) and try to tighten the regulations. Europe passed laws requiring OEMs to increase vehicles' recovery and reuse rate to 95% by 2015 from current 84%. The ferrous parts, 75% of total automobile weight, are almost recycled whereas the remaining 25% of the non-metal -predominantly plastics as well as form, glass and rubber- and the non-ferrous materials -copper, nickel and aluminium- end up in landfills. The recycling status of non-ferrous materials represented by copper and nickel is reviewed and how much the recycling rate will be improved is calculated.

Legal Grounds for Withholding or Withdrawal of Life-Sustaining Treatment (연명의료의 중단 - 대법원 2009.5.21. 선고 2009다17417 판결과 관련하여 -)

  • Suk, Hee-Tae
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.263-305
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    • 2009
  • Is it lawful to withhold or withdraw life-sustaining treatment applied to a patient in a terminal condition or permanent unconscious condition? In Korea, there are no such laws or regulations which control affairs related to the withholding or withdrawal life-support treatment and active euthanasia as the Natural Death Act or the Death with Dignity Act in the U. S. A. And in addition there has had no precedent of Supreme Court. Recently Supreme Court has pronounced a historical judgment on a terminal care case. The court allowed the withdrawal of life-sustaining treatment from a patient in a permanent unconscious state. Fundamentally the court judged that the continuation of that medical treatment would infringe dignity and value of a patient as a human being. And the court required some legal grounds to consider such withdrawal or withholding of medical care lawful. The legal grounds are as follow. First, the patient is in a incurable and irreversible condition and already entered a stage of death. Second, the patient executed a directive, in advance, directing the withholding or withdrawal of life-support treatment in a incurable and irreversible condition or in a terminal condition. Otherwise, at least, the patient's will would be presumed through his/her character, view of value, philosophy, religious faith and career etc. I regard if a patient is in a incurable and irreversible condition or in a terminal condition, the medical contract between a patient and a doctor would be terminated because of the actual impossibility of achievement of it's purpose. So I think the discontinuation of life-sustaining care would be legally allowed without depending on the patient's own will.

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A Study on Improvement of Emergency Medical System for forestry accident (임업 사고 응급대응체계의 개선방안에 관한 연구)

  • Nam, Ki-Hun;Park, Young-Soo;Kim, Kwang-Il;Cho, Koo-Hyun;Lee, Eun-Jai;Baek, Seung-An
    • Journal of the Korean Society of Industry Convergence
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    • v.22 no.6
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    • pp.665-671
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    • 2019
  • The estimated on-site accident rate in Forestry is relatively high. According to statistics of the accident, in the recent 5 years, from 2014 to 2018, forestry accidents have resulted in 98% of injuries and 87% of fatalities. Especially, there are significant geographical constraints to access to the scene in case of an accident. Even though the capacity of first aid capacity is notably emphasized its importance to minimize the scale of damages, the relevant employees have been educated only basic first aid, which is not considered circumstances or geographic limitations, by Occupation Safety and Health Acts. Therefore, the purpose of this study is to derive a direction for a forest emergency service system to increase forestry workers' survival and prevent secondary injury through securing 'Golden Time.' This study conducts analyzing relevant laws and regulations in domestic and international settings as well as looking at several concerned accident cases. The outcome of analysis presents an issue regarding the implementation of onsite first aid in forestry and existing risk factors depending on the working process. Finally, we suggest two ways to improve the forest emergency service that are 1) an appropriate curriculum and kit for forest first aid; and 2) a system for emergency transfer through sharing information between National Fire Agency (NFA) and emergency medical service center, and emergency and rescue mission using helicopter from NFA and Korea Forest Service.

The Legal Problems and Improvement in the Performance Based Design of Fire-fighting (성능위주소방설계의 법적문제 및 개선방안)

  • Yi, Jong-Yeong;Baek, Ok-Sun
    • Fire Science and Engineering
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    • v.24 no.1
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    • pp.54-63
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    • 2010
  • The buildings relevant to the law should be designed performance-based necessarily according to "Fire-Fighting System Installation Business Act" amended, January 1. 2009. Performance based design means that building design reflects structure, size, purpose, and building capacity to achieve the most effective design of fire-fighting system. Performance based design has meaning to buildings that it is insufficient to control fire-fighting by previous law-oriented design or inappropriate by uniform design, because of buildings becoming bigger and higher. However, it is difficult to implement the system actually, because laws relevant to fire-fighting prescribe only the object and the required qualifications of performance based design, but they don't have rules to enforce performance based design for specific parts. This study suggests improvements for a desirable implementation of performance based design in legal aspects, by analyzing the current legal regulations related to performance based design.

Adult Political Education in former East Germany after German Unification - Lessons for North and South Korean Case - (독일통일 후 구동독지역 성인정치교육의 성과와 한계)

  • Kang, Gu-Sup
    • Korean Journal of Comparative Education
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    • v.26 no.3
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    • pp.51-73
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    • 2016
  • The study aims to examine the achievements and shortcomings of adult political education that had been conducted in former Eastern Germany following German unification. More specifically, the study focuses on drawing some policy suggestions and implications for carrying out adult political education for North Koreans in a unified Korea. In fact, former East Germans after German unification needed to receive political education to adjust to a new social system and get related various informations that they had never experienced before. In this context, former East Germans were provided with political education on democratic political system, capitalism, and various laws and regulations that they need to know to get used to a new social system. However, the results of the study indicate that adult political educational system in the former Eastern Germany shows some shortcomings regarding former East Germans' indifference about political education, educational contents which was not cut out for East Germans, and absence of proper methodological approaches. Furthermore, the study points out that North Koreans' educational background and their experiences in North Korea should be considered when selecting subjects and contents of political education for North Koreans in a unified Korea.

An Exploratory Study on the Designation of Disaster Management Resources (재난관리자원 지정에 관한 탐색적 연구)

  • Kim, Dong-Myung;Cheung, Chong-Soo
    • Journal of Advanced Navigation Technology
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    • v.23 no.5
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    • pp.466-472
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    • 2019
  • The purpose of this study is to examine the problems of disaster management resources needed for disaster occurrence, to find ways to improve them, and to utilize them in the future. For this research, theoretical background was established through previous research data on disaster management resources. Disaster management resources prescribed in the Basic Act on Disaster and Safety Management, Classification of Disaster Management Resources and System Use, and Joint Utilization Standards of Disaster Management Resources were analyzed to identify problems and to suggest improvements. As a result of the research, clarity on disaster management resources was secured through literature research and analysis of laws and regulations. By suggesting ways to utilize the manpower and material resources designated by the Emergency Preparedness Resource Management Act in the event of various disasters, it was confirmed that the disaster management resources could be utilized in the right place for various disaster situations.

Occupational Health Policies on Risk Assessment in Japan

  • Horie, Seichi
    • Safety and Health at Work
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    • v.1 no.1
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    • pp.19-28
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    • 2010
  • Industrial Safety and Health Law (ISH Law) of Japan requires abnormalities identified in evaluations of worker health and working environments are reported to occupational physicians, and employers are advised of measures to ensure appropriate accommodations in working environments and work procedures. Since the 1980s, notions of a risk assessment and occupational safety and health management system were expected to further prevent industrial accidents. In 2005, ISH Law stipulated workplace risk assessment using the wording "employers shall endeavor." Following the amendment, multiple documents and guidelines for risk assessment for different work procedures were developed. They require ISH Laws to be implemented fully and workplaces to plan and execute measures to reduce risks, ranking them from those addressing potential hazards to those requiring workers to wear protective articles. A governmental survey in 2005 found the performance of risk assessment was 20.4% and common reasons for not implementing risk assessments were lack of adequate personnel or knowledge. ISH Law specifies criminal penalties for both individuals and organizations. Moreover, under the Labor Contract Law promulgated in 2007, employers are obliged to make reasonable efforts to ensure employee health for foreseeable and avoidable risks. Therefore, enterprises neglecting even the non-binding provisions of guidelines are likely to suffer significant business impact if judged to be responsible for industrial accidents or occupational disease. To promote risk assessment, we must strengthen technical, financial, and physical support from public-service organizations, encourage the dissemination of good practices to reduce risks, and consider additional employer incentives, including relaxed mandatory regulations.

Advanced Korean Industrial Safety and Health Policy with Risk Assessment

  • Kwon, Hyuck-Myun;Cho, Jae-Hyun;Moon, Il;Choi, Jae-Wook;Park, Doo-Yong;Lee, Young-Soon
    • Safety and Health at Work
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    • v.1 no.1
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    • pp.29-36
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    • 2010
  • This article describes a systematic roadmap master plan for advanced industrial safety and health policy in Korea, with an emphasis on. Since Korean industries had first emergence of industrial safety and health policy in 1953, enormous efforts have been made on upgrading the relevant laws in order to reflect real situation of industrial work environment in accordance with rapid changes of Korean and global business over three decades. Nevertheless, current policy has major defects; too much techniques-based articles, diverged contents in less organization, combined enforcement and punishments and finally enforcing regulations full of commands and control. These deficiencies have make it difficult to accommodate changes of social, industrial and employment environment in customized fashion. The approach to the solution must be generic at the level of paradigm-shift rather than local modifications and enhancement. The basic idea is to establish a new system integrated with a risk assessment scheme, which encourages employers to apply to their work environment under comprehensive responsibility. The risk assessment scheme is designed to enable to inspect employers' compliances afterwards. A project comprises four yearly phases based on applying zones; initially designating and operating a specified risk zone, gradually expanding the special zones during a period of 3 years (2010-2012) and the final zone expanded to entire nation. In each phase, the intermediate version of the system is updated through a process of precise and unbiased validation in terms of its operability, feasibility and sustainability with building relevant infrastructures as needed.