• Title/Summary/Keyword: legal basis

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The Factors Influencing the Duration of Business by Operation Period of the Merchant : focused on Historical and Cultural Street of Jongno-gu (상인의 운영기간별 영업지속기간 영향요인 분석 : 종로구 역사문화거리를 중심으로)

  • Moon, Hae-Ju;Lee, Myeong-Hun
    • The Journal of the Korea Contents Association
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    • v.17 no.3
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    • pp.61-73
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    • 2017
  • A huge rent rise has forced the number of merchants out of their workplace. it has required to review the duration of business, considering recognition about social, economic, cultural characteristic of merchant. this research has indicated influence factors about the duration of business, divided into less than 5 years and more than 5 years on the basis of operation period focused on historical and cultural street of Jongno-gu. The research results, new merchants(less than 5 years) has emerged in order of important factors : monthly sales, monthly rent, franchise, store premium, media public relations. Existing merchants(more than 5 years) has emerged in order of important factors : monthly rent, monthly sales, merchant community, store premium, floating population. Therefore, this research proposes the following implications. Firstly, new measures must be needed to protect merchants and legal regulations about sharp monthly rent. Secondly, when entering the franchises, local government must review business standards with reference to the type and scale.

A Comparison Study on the Risk and Accident Characteristics of Personal Mobility (개인이동형 교통수단(PM) 유형별 사고특성 및 위험도 비교연구)

  • Lee, Soo Il;Kim, Seung Hyun;Kim, Tae Ho
    • Journal of the Korean Society of Safety
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    • v.32 no.3
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    • pp.151-159
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    • 2017
  • This study deals with characteristics and risk of a PM based on user survey result, road driving test and data analysis of PM accident. Text mining method is applied to extract PM accident data from Big Data, which are claim data of private insurance company. Road driving test and survey on safety, convenience, noise, overtake ability, steering ability, and climbing ability of PM are performed to evaluate user's safety and convenience considering domestic road condition. As the result of claim data analysis, annual average increase rate of PM accident is 47.4% and average compensation of personal mobility is higher than that of bicycle by maximum 1.5 times. 79.8% of PM accident is self-caused accident due to unskilled driving and age-specific diagnosis rate of driver over 60 is higher than that of under 60. Diagnosis rate of over 60 at lower limb, foot, rib and spine is especially higher than that of under 60. As the result of road driving test and user survey, satisfaction level on safety and convenience of PM is evaluated as close to that of bicycle and satisfaction level of PM is increased after boarding. Overtake ability, steering ability, and climbing ability of PM are evaluated as same or better than that of bicycle but warning equipment to pedestrian or bike such as horn is required because noise level of PM during driving is too low. Finally, user survey result shows that bicycle road is suitable for PM and safety standard, advance-education and insurance are required for PM. It is suggested that drivers' license for PM can be replaced by advance-education. Results of this study can be used to prepare safety measures and legal basis for PM operation.

Policy Implications of Nurse Staffing Legislation (간호사 배치기준에 대한 정책적 함의)

  • You, Sun-Ju
    • The Journal of the Korea Contents Association
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    • v.13 no.6
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    • pp.380-389
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    • 2013
  • The nurse staffing level in the acute care hospitals affects patient safety and performance, and the nurse staffing legislation can be an important tool to guarantee the minimum nurse staffing. In Korea, although the medical law suggests the nurse staffing standards, it is necessary to revise the medical law for quality of nursing care and patient safety. Firstly, the nurse staffing standards in the current medical law enacted in 1962 needs to be revised to reflect changes in health care environment. Secondly, legal nurse staffing standards in the medical law are the minimum nurse staffing that medical institutions should comply with and thus must be managed so that all medical institutions should abide by them. Thirdly, the nurse staffing standards should apply on the basis of RN-to-patient ratios per shift in order to help patients understanding and ensure the easy management. Fourthly, the information of nursing staff level by the nursing unit and nursing shift in hospitals shall be released.

A Qualitative Study on the Library Services Policy for the Disabled Person in European Countries (유럽국가의 장애인 도서관서비스 정책에 관한 질적 연구)

  • Lee, Jung-Yeoun
    • Journal of the Korean Society for information Management
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    • v.27 no.3
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    • pp.147-168
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    • 2010
  • The purpose of this study is to present suggestions for Korean libraries for disabled person after collecting and analyzing qualitative data upon library policies of national libraries, public libraries and libraries for disabled person in European countries including Sweden, UK and France. Korean national library support center for the disabled should be independent in order to have consistent policy and ability for its execution. It should also support private libraries for the disabled in inheriting professionalism and accumulated history. Developing alternative material, integrated catalogue and professional service is required by cooperative and systematic arrangements among national and public libraries for disabled person including schools and university libraries. Also, it should be able to grow not only on the basis of internal cooperation among libraries but also with the help of external organizations like social and legal systems, organizations related with the disabled and regional self governing bodies.

Improvements about Problem of Criminal Mediation System (형사조정제도의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.16 no.6
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    • pp.550-562
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    • 2016
  • Criminal Mediation System in Korea, it did pilot operation by Crime Victim Support Centers such as Daejeon and other two District Prosecutors' Office in April 2006. And starting 2007, Crime Victim Support Centers and Criminal Mediation System conducted from 57 District Attorney's Office and Branch Offices and now 2016, Criminal Mediation System is operated in all the District Attorney's Office. On the other hand, the Attorney General's Office established the 'Criminal mediation practical operating instructions' in October 2009 and created its legal basis at "Crime Victims Protection Act" in September 2010. It seems that the criminal mediation have to operate as the direction for supporting crime victims recovery. However, it seems that the overall infrastructure of the criminal mediation system is built. But I have experienced this through G Attorney's Office as a Criminal mediator activity from 2007 to 2016 now, some issues have emerged such as weak on personal safety in criminal mediation room, etc. Thus, in this paper, I will examine the problems about this and propose improvements of criminal mediation system to fit the practical criminal mediation.

Analysis of Female Development Fund Utilization of Primary Local Self-government : Focused on the City of Busan (기초자치단체 여성발전기금운용 분석 : 부산시를 중심으로)

  • Sung, Hyang-Sook
    • The Journal of the Korea Contents Association
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    • v.16 no.2
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    • pp.354-364
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    • 2016
  • The purpose of this study is to analyze current condition and features of female development funds of Busan primary local self-government, and to make useful implications out of this so that the local female development funds can contribute to its ultimate purpose, which is to achieve female development. The analyses show that 1) local self-governmental districts with good finance try to reserve funds by reducing programs; 2) local laws, which serve as the legal basis of female development fund utilization, do not reflect the value of gender equality; 3) the programs run by the female development funds lack contents; 4) beneficiaries of the fund programs aremixed; and 5) female policies and family policies are not separated, exhibiting the limitations of feministic perspectives. I propose that 1) the fund should be raised through the governance of local female groups and self-governments; 2) basic local laws should be revised: 3) gender perspective contents and birth support policy should be implemented.

Review on the Enhancement of Accessability to Rehabilitation Therapy -Especially on the Solo Practice of the Physical Therapists (재활치료에 관한 접근성 제고 방안에 관한 단상 -물리치료사의 단독 개업 중심으로)

  • HAN, Seungsoo
    • Journal of Korean Physical Therapy Science
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    • v.22 no.1
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    • pp.19-27
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    • 2015
  • Purpose : The purpose of this study is to check the current status of accessability to rehabilitation therapy in local areas and to review how to improve the accessability. In fact, first, it is very hard for patients to find out a local medical center with rehabilitation therapy capability. Moreover they needs to wait long time to get a treatment they need, because of lack of nearby rehabilitation centers. The best way to enhance the accessability to the rehabilitation therapy service is to allow therapists to set up rehabilitation centers in local areas on their own, physically independent from medical doctors. Basically, the current law does not prohibit therapists' own sole practice. However, it needs to be amended by inserting an explicit legal basis on the setting-up process. If it is legally permissible for the therapists to set up rehabilitation centers to perform a rehabilitation treatment with referrals from of medical doctors (though physically independent from the doctors), it would result in the increase of profits for the doctors and at the same time raise therapists' freedom of occupation, a constitutional right. Furthermore, with their own places to practice, therapists will have to compete with other therapists, that would raise the quality of their treatments, which will in turn benefit patients ultimately. A proposed bill of amendments to the Act on Medical Technicians and etc. is pending for review at the National Assembly. I look forward to vigorous discussion on the bill based on this article, and resulting in revision of the law for the benefits of patients.

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Estimation and Prediction of the Heat Load Profile Using Weather and Heating/Cooling Data : An Application of the Multilevel Model (기상자료와 냉난방 실측자료를 이용한 열부하 추정과 예측: 다계층모형의 활용)

  • Moon, Choon-Geol;Kim, Suduk
    • Environmental and Resource Economics Review
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    • v.16 no.4
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    • pp.803-832
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    • 2007
  • Electricity and heat load profiles by use types on an hourly basis at the least are essential for assessing economic viability of new cogeneration and CES projects and for optimally operating existing cogeneration and CES facilities. We adopt a multilevel model to specify heat load profiles so as to utilize in a flexible manner the panel nature of our data on weather and heating/cooling use. Converting the multilevel model to the linear mixed-effects model, we estimate the model by panel FGLS. The estimated load profile model for each distinct use type accounts for the effects of temperature, humidity, each hour over the year, each day of the week, each type of legal holidays, and heating/cooling area on energy use. To save space, we feature in detail the heating profile of the household.

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Achievements of the Comprehensive Measures of Korean Police for the Elimination of School Violence and counter strategies (경찰의 학교폭력 근절 대책의 성과와 향후 대응전략)

  • Kim, Young-Sik
    • The Journal of the Korea Contents Association
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    • v.15 no.4
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    • pp.168-178
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    • 2015
  • The police have executed the priority projects for the eradication of school violence as part of governmental comprehensive measures and the role of the police as law enforcement agencies to combat school violence is expected to be further strengthened. In this regard, this study proposes several alternative policies for police activities of school violence prevention. First, it is required to establish clear legal basis for activities of school police and recruitment and education programs to enhance their professionalism. Second, we must look for ways to ensure the accountability of parties involved in school violence such as school and parents. Third, it is necessary to promote 117 call actively which has comprehensive hotline function in school violence and enhance the professionalism of counselors for promoting the victim reporting. Finally, there is a need for differential police response according to the degree of risk of school violence.

A Study of the Vacating of Arbitral Awards by Finding Harmony of Case Law with Statutory Law of the United States (미국의 중재판정 취소에 관한 연구: 판례법과 제정법의 조화를 중심으로)

  • Kim, Chin-Hyon;Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.125-157
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    • 2012
  • This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.

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