• Title/Summary/Keyword: legal process

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A Conceptual Model for an Administrative and Legal Process Provider of Urban Regeneration using Construction Interactive Electronic Technical Manual (전자매뉴얼을 활용한 도시재생사업의 법.행정절차 제공 시스템의 개념적 모형)

  • Park, Moon-Seo;Jeong, Jin-Wook;Lee, Hyun-Soo
    • Korean Journal of Construction Engineering and Management
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    • v.11 no.3
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    • pp.33-42
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    • 2010
  • Recently construction industry has faced new era as following the advances of IT technology. It becomes possible that information and knowledge among people are exchanged actively thanks to computer-based tools. In fact, the tools, PMIS(Project Management Information System) and KMS(Knowledge Management System) already have been introduced to constuction industry successfully. Lately IETM(Interactive Electronic Technical Manual) is tried to be one of these systems. This trying is being enlarged that the IETM's concept is changed to administrative and legal process provider throughout the lifespan of construction projects. However, it is hard to define construction IETM in mega-scale project like urban regeneration project because construction projects are complex and have diverse stakeholders. These properties may make the IETM ambiguous system. To do define IETM as a administrative and legal process provider, this research will conduct survey and interview, then analyze its own properties and find out design strategies. Based on the properties and strategies, suggesting IETM's system demands and architecture of urban regeneration processes.

Legal System Change on Business Establishment and Management in Digital Era (디지털시대에 있어서 창업경영에 관한 법제도의 변화)

  • Song, In-Bang
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.23-31
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    • 2013
  • In Korea, middle and small-sized company takes up an absolute majority of all businesses, and most of them are founded as a limited company. Yet, it is a type of business that fits a company of certain size, and its establishment process is complicated due to various reasons such as investor protection. It is also required to have strict organization structure based on the principle of separation of ownership and management. Accordingly, as the principles may undermine entrepreneur's will to start business, there has been dramatic change in legal system on business establishment and management since 2010. The changes include streamlined process at the foundation stage and digitalization of many regulations on business establishment and operation for more convenience in starting business. Also, new business types for small-sized companies were adopted, and freedom to select business name has been enhanced. The issue of non-par value stock has been allowed, and various types of stock have been adopted for more convenient financing, defense against hostile M&A, and easier business succession.

The Analysis of the Change Process of Fisheries Track's High School Curriculum: Focusing on the 5th-7th Revised National Curriculum (수산계열 고등학교 교육과정의 변천과정 분석 - 제5차에서 제7차 교육과정을 중심으로 -)

  • Park, Chang-Un;Ju, Dong-Beom
    • Journal of Fisheries and Marine Sciences Education
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    • v.22 no.1
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    • pp.25-37
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    • 2010
  • This study was attempted to analyze the change process of fisheries track's high school curriculum related with the 5th-7th revised national curriculum. To accomplish this goal, the nature and goals of fisheries track's high school were reviewed. First, it was found that the fisheries track's high school was classified into three groups; high school for special goal, characterization, and industry. And the goal of fisheries track's high school was designated to harmonize the general education and vocational education in high school goal. Second, the legal basis and system of national curriculum in fisheries track's high school were discussed. The legal basis of national curriculum in fisheries track's high school was prescribed to the 'Elementary and Secondary Education Act'. The system of national curriculum was composed the general guideline and subjects. Third, the change process of fisheries track's high school national curriculum was discussed. The system of decision, general guideline, and subjects in fisheries track's high school national curriculum were seemingly to be studied on the basis of the autonomy or diversity. In conclusion, the concrete content of fisheries track's high school national curriculum was not changed compared to the 5th-7th revised curriculum.

A Comparative Study on ‘Schiedsgutachten’ (중재감정에 관한 비교법적 연구)

  • 김상찬
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.153-184
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    • 2003
  • ‘Schiedsgutachten’ is more of a law phenomenon that appears frequently in privity of contract rather than a concept that is .generally established in the positive law. There is no definition of this in the positive law which makes it difficult to put a finger on the concept but when the concerned party of the conflict puts the establishment of a fact that is a premise to the legal relationship or the right about the legal right's content or the supplementation of the legal relationship to a third party and makes an agreement to follow the third party's judgement, the process is called the contract of schiedsgutachten. At this point, the judgement of the third party is called the schiedsgutachten. This thesis strives to search for an activation of the schiedsgutachten system in Korea by analyzing and researching the systems in various European countries including Germany where the above mentioned schiedsgutachten system is relatively well-developed. First of all, the three types of schiedsgutachten in the German law will be looked into. Based on this, the theories and judicial precedents of Swiss law, French law, Italian law, and British law will be looked into as well. By doing this, similarities and distinction standards between the various countries' legal systems will be further analyzed. Along with this, the legal qualities and the binding power of the schiedsgutachten will be searched out. In Korea, the term schiedsgutachten itself is not customary as the system itself is not actively being carried out. However, in car damage compensation lawsuits which occupy a big percentage, if the schiedsgutachten system were to be used, the problem would be easily solved without progressing to lawsuits. Korea should actively seek out this system with the various models of different countries including Germany which has been introduced in this thesis as a model.

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A Study on the Criminal Justice Rehabilitation System of Sweden (스웨덴 법무보호복지제도 연구)

  • Kwon, Joon-Sung;Gong, Jung-Sik;Hyun, Mun-Jung
    • The Journal of the Korea Contents Association
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    • v.22 no.10
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    • pp.506-514
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    • 2022
  • The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

A Case Study on the Process of Deteriorated Apartment Remodeling (노후 공동주택 리모델링 추진현황에 관한 사례 연구)

  • Song, Min-Jung;Kim, Soo-Jeong;Yoon, Chung-Sook
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2004.11a
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    • pp.375-380
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    • 2004
  • Restricting reconstruction, demand of remodeling has increased in deteriorated apartment. But remodeling process and steps are not taken, it is difficult to advance smoothly. Therefore, this study indicates improvement plans and understands the problems In advancing remodeling. In the result of the investigation the problems are the resident of agreements and legal approval. The goverment must complete laws about remodeling. Also, residents and an association need plans for conversation.

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A Study on the Regulations of National R&D Performance Management System (국가연구개발 성과관리 법제 운영에 관한 소고)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.17 no.3
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    • pp.519-539
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    • 2014
  • In order to accomplish the successful performance management of the national research and development programs, it is necessary to establish the legal system that provide a institutional foundation and to set up and practice the relative substantial operating system. This paper aims to study the problems and improvement measures of the Performance Management System in National R&D Programs. For this purpose, the development of legal system on the performance management in national R&D programs was surveyed, the problems in existing laws and ordinances on the performance management were analyzed, and lastly the improvement measures on the legal system of the performance management were suggested. The legal system of performance management is being composed of and managed with The Framework Act On Science And Technology that prescribed the national science and technology policy direction, and Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc. that prescribed the basic policies of performance management process and methods, and Regulations On The Management, Etc. Of The National Research And Development Projects that prescribed the concrete methodologies on performance management. Results of the study, it is necessary that the performance management laws and ordinances need improvement of Compatibility, the object and range of performance management system extend more widely to the whole field of national R&D programs in principle, and the performance management process and methods improve reasonably considering the goal and direction of national R&D policy.

Practices and Legal Issues of Online Arbitration in China - focused on Online Arbitration of CIETAC (중국의 온라인중재 운용과 법적문제에 관한 연구 - CIETAC의 온라인중재를 중심으로)

  • Cha, Kyung-Ja;Choi, Sung-Il
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.131-149
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    • 2010
  • Since the Arbitration Law of China took effect in 1995, arbitration has grown with the economy. At the end of 2009, there were 202 arbitration institutions in China. Among them, China International Economic and Trade Arbitration Commission(CIETAC) has adopted online arbitration and has settled internet domain name disputes since 2001. CIETAC Domain Name Dispute Resolution Center(DNDRC) has accumulated abundant experiences of online arbitration in the field of domain name disputes. Based on those experiences, on 1 May 2009, CIETAC implemented the CIETAC Online Arbitration Rules(Rules') to regulate the resolution of e-business disputes as well as other business disputes. With this background, this article aims to study the status quo, practices and issues of online arbitration conducted by CIETAC. For the purpose of the article, a general picture of online arbitration is outlined first, followed by introducing the steps of the online arbitration procedure. According to the 'Rules', the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese Arbitration Law, in particular, the recognition of the validity of electronic arbitration agreements and awards.

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Legal Improvements for SWG Application Relevant to the Water Loop System with Multi-Water Resources (SWG 추진을 위한 다중수원 워터루프 시스템 관련 법제도 개선방안)

  • Suh, Jin Suhk;Kim, Young Hwa;Han, Kuk Heon;Kim, Dong Hwan
    • KCID journal
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    • v.21 no.1
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    • pp.127-140
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    • 2014
  • Recently drastic climate changes(e.g., extreme floods and droughts) are often taking place around the world. Even an increase in uncertainty, population, and mega cities has caused drastic changes in water recycle process. As in other countries, Korea has faced some issues relevant to water security. In response to these changes, Smart Water Grid(SWG) system combining the current water resources management with ICT (Information and Communications Technology) is considered as a new paradigm for the Korean water resources management. This study aims to explore and identify influential factors contributing to the SWG system's application to analyze the importance and role of those factors, and then to offer a policy suggestion for the successful application of the SWG system along with legislative improvements in Korea. In this study, we looked at different barriers related to the SWG application and also the complicated Korean water laws, enacted by different ministries and in order to efficiently apply the SWG system to the current Korean water resources management structures. This study employed qualitative research methods to analyze and identify the priorities of the tasks to be implemented by analyzing conditions for the SWG application, especially related to multi water sources and micro water grid, because legal and institutional measures can be more important to manage conflicts between different stakeholders once the SWG enters a phase of standardization and commercialization from its development stage.

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The Sphere of Applicability of the CISG (국제물품매매계약(國際物品賣買契約)에 관한 유엔협약(協約)'의 적용범위(適用範圍))

  • Han, Kyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.193-213
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    • 2000
  • The CISG has been legislated for playing roles as uniform rules which govern international sale of goods. The job of getting unification of the diverse domestic legal systems required almost half century of work. In the process of making the Convention some rules resulted from compromises of nation's relevant interests. The Convention, however, promoted both the legal certainty and harmonization in international trade in that the uniform rules suggest the appropriate resolution to the legal problems in the course of concluding a contract as well as in remedies for breach of contract. This paper focuses systematically on the scope of applicability of the CISG. The Convention deals with contracts for the international sale of goods. However, it does not apply to all kinds of the international sale of goods. The CISG confines the sphere of applicability to a certain type of sales. First of all, the CISG is limited to those contracts having been concluded between a particular group of persons, which is called a personal aspect of applicability. Secondly, the CISG covers a specific category of sales, which is called a material aspect of applicability. Thirdly, the CISG are concluded within a particular period of time, which is called a temporal aspect of applicability. Lastly, the CISG is limited to contracts falling within a given territorial sphere, which is called a territorial aspect of applicability.

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