• Title/Summary/Keyword: legal measures

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A Study on the Development of the Arbitration System based on the Prosecution and Police Investigation Mediation Right

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.28 no.3
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    • pp.35-53
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    • 2018
  • The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

Measures for Early Demonstration of Fine Dust Reduction Technology - Focus on the Sidewalk Pavement -

  • Lee, Young-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.8
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    • pp.181-185
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    • 2021
  • Road fine dust is not simply a problem of air pollution, but is threatening the health and life of the public, including pedestrians using sidewalks. There are various policy proposals related to road fine dust reduction, but the actual effect cannot be guaranteed. Therefore, in order to ensure the safe and pleasant passage of the people, the pavement pavement (sidewalk pavement) for fine dust management on the road should be designed by considering the location, use, function, etc., and appropriate paving materials and construction methods should be selected and designed or sidewalk facilities should be prepared. Therefore, this study examines the concept and legal basis of sidewalk pavement, reviews the status of sidewalk pavement-related technologies that purify air pollution, and utilizes sidewalk pavement materials under the revised sidewalk pavement guidelines for reducing fine dust, 「Act on Promotion of Purchasing of Green Products」 We intend to establish a legal basis for early application of sidewalk pavement technology by proposing measures and amendments to local government sidewalk pavement management rules.

A Comparative Study on the Legal System for Risk Assessment in the Workplace (사업장 위험성평가에 관한 법제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.304-316
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    • 2021
  • Objectives: By comparing and analyzing the legal system for risk assessment in South Korea with other advanced countries, the study is designed to identify the key elements of risk assessment and seek improvement measures while focusing on solutions to the execution of risk assessment violations. Methods: The study started with an awareness of the need to improve the legislation on the risk assessment of businesses in Korea. In order to reflect this problem consciousness in Korea's industrial safety and health legislation, risk assessment legislation in Japan, Britain, Germany, and Korea was analyzed in comparative terms through the literature. Results: Unlike the other advanced countries, the concept of risk assessment is defined in Korea in a broad sense that includes measures to reduce risk, and risk assessment in the manufacturing and design stages is not institutionalized. In the case of worker participation, there is a problem regarding effectiveness. It is problematic that compared to the other foreign countries there is a possibility that general risk assessment will be neutralized because it is recognized as a uniform general risk assessment for a particular risk assessment, as well as inadequate risk assessment. Conclusions: The areas diagnosed with problems compared to the legislation in other advanced countries should be improved by revising laws and administrative rules and supplementing the explanatory guidelines, etc. by referring to the legislation of these countries. In particular, the issue of enforcement for violations of risk assessment must be improved in order to ensure the effectiveness of risk assessment.

A Study on the Improvement of Safety Management for Delivery Platform Workers (배달 플랫폼 종사자를 위한 안전관리 개선방안에 관한 연구)

  • Jun-Ho Moon;Hong-Kwan Kim
    • Journal of the Society of Disaster Information
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    • v.19 no.1
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    • pp.84-96
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    • 2023
  • Purpose: In this study, to protect delivery platform workers from danger, we intend to propose a plan to improve safety management. Method: To protect delivery platform workers, safety-related legal systems and cases were found and analyzed, and statistical results derived from a survey of delivery platform workers were analyzed, and safety management improvement measures were presented. Result: In Korea, safety measures against weather deterioration were not clearly presented in the contents of the law for the safety of delivery platforms, and the survey confirmed that safety education was not fully conducted, and most of them experienced accidents by receiving calls through apps or programs during delivery. Conclusion: This study could suggest safety management improvement plans for delivery platform workers, but since detailed questionnaire items related to motorcycles were not investigated, various accident results that could occur due to motorcycles used by delivery platform workers could not be identified.

A study of Chinese fashion design copyright protection cases - Highlighting infringement cases involving the intellectual property rights of Bai Yi Bei in 2023 - (중국 패션디자인 저작권 보호 판례 고찰 - 2023년 백일배(百一杯) 지식재산권 판례를 중심으로 -)

  • Yueding Zhou;Hyunzin Ko
    • The Research Journal of the Costume Culture
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    • v.32 no.2
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    • pp.287-298
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    • 2024
  • Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.

Study of the Prior Review System about Medical Advertising on the Existing Laws

  • Kim, Woon-Shin;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.6
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    • pp.97-106
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    • 2016
  • This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

A Study on the Improvement of Legal System for the Prevention of Damage due to Ash (화산재해로 인한 항공교통분야 피해예방을 위한 법규체계 개선방안에 대한 연구)

  • Lee, Young-Sub;Lee, Young-Kune;Park, Miri
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.3
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    • pp.277-283
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    • 2017
  • In recent years, earthquakes and volcanic activity have been occurring actively in Japan, China, and Southeast Asia in the central Pacific Rim, and the cycle interval is shortening. In addition, there is Baekdu mountain, which is a large active volcano in Korea. On the other hand, the legal system and guidelines related to volcanic ash are very limited to counteract volcanic disasters. The volcano manual does not present specific countermeasures against volcanic disasters. The preparation of systematic disaster prevention measures against an eruption of Mt. Baekdu and the volcanic activity in Japan and China, which are occurring continuously, is necessary. Therefore, this study suggests an improvement to the relevant laws and regulations against volcanic disasters to analyze the aviation safety manual and relevant legal system. The problems with the current legal system are improved by modifying the legal system related to the air traffic sector when volcanic disaster occurs, and it is expected that more efficient manuals and guidelines will form the basis for the smooth operation of the manual at a disaster site.

A Study on the User Satisfaction and Improvement Suggestions for the Beopmaru Public Service in the Supreme Court Library of Korea (법원도서관 법마루 서비스 이용자 만족도 및 개선방안에 관한 연구)

  • Jiyoung Kwak
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.34 no.3
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    • pp.273-295
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    • 2023
  • The Beopmaru, Supreme Court Library of Korea, the national library of the judiciary, is the only one that can help reduce the justice gap and increase access to justice by allowing the general public and legal experts to read and circulate. Accordingly, this study identified user satisfaction with the Beopmaru public service through surveys and interviews and derived ways to improve the service. User satisfaction was in the following order out of 5 points: response of librarian 4.62 points, facility management 4.48 points, and cultural programs such as events and lectures 4.33 points. Satisfaction with collection composition was the lowest at 3.97 points. This appears to be because collection composition is where legal expertise has the greatest impact on satisfaction. As satisfaction with the collection composition was the lowest, collection expansion was the highest at 44%(114 people) as a service that Beopmaru needs to strengthen in the future, and a balanced collection of books according to the user base is needed in the future. Based on this, improvement measures were proposed to include dualizing the Beopmaru reading space and services for the general public and legal experts, strengthening its identity as a legal library, improving the system, and strengthening publicity and response of librarian. If the Beopmaru public service is successfully established through continuous research in the library and information community, it will be possible to improve the service quality of the law library industry as a whole, including law libraries, and increase user satisfaction.

A Comparative Legal Study of Germany, the United Kingdom, Japan and Korea for the Regulations on Special Management Materials (우리나라 산업안전보건법상 특별관리물질 규정에 대한 독일, 영국 및 일본과의 비교법적 고찰)

  • Choi, Sangjun;Phee, Young Gyu;Kim, Shinbum;Kim, Won
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.2
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    • pp.137-147
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    • 2013
  • Objectives: This study was conducted in order to evaluate the limitations of the regulations on the safety and health standards for special management materials(SMM) under the Industrial Safety and Health Act in Korea. Methods: Hazardous chemicals management systems in Germany(Hazardous Substances Ordinance), the UK(Control of Substances Hazardous to Health Regulations), Japan(Ordinance on Prevention of Hazards due to Specified Chemical Substances) and Korea(Regulation of Occupational Safety and Health Standards, ROSHS) were investigated and compared in terms of 14 items. Results: Among the 14 items, we eventually found seven items which should be amended: 1) definition and scope, 2) general duties clause, 3) principles of management, 4) preventive measures, 5) control measures, 6) risk assessment, and 7) record keeping. The principal limitations of Korean regulations in comparison with those of other countries were that there were no preventive measures such as substitution, and no principles of good practices for the control of exposure to SMM. In terms of control measures, there were no regulations on suitable workplace design, reducing the number of exposed workers, reducing the level and duration of exposure, and reducing the quantity of hazardous substances in ROSHS. Conclusions: Based on the results of this study, ROSHS should be complemented with preventive measures and the principles of management related to SMM. According to the suggestions, an employer who deals with SMM should preferably consider the possibility of substitution and perform substitution so far as is reasonably practicable.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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