• Title/Summary/Keyword: legislative purpose

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A Study on the Recent Amendment relating to the International Convention for the Prevention of Pollution from Ship, 1973/1978 (73/78 해양오염방지협약의 개정동향과 개요)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.17 no.2
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    • pp.29-56
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    • 1993
  • The International Convention for the Prevention of Pollution from Ship, 1973, as modified by the Proto-col of 1978 relating thereto, well known as MARPOL 73/78, is probably the most important international agreement on the subject of marine pollution. The main purpose of the Convention is to reduce the total oil remaining on board vessel to minimum. MARPOL is a combination of different sets of rules on oil, chemicals, noxious substances in package forms, sewage and garbage as shown on each Annex. Since the Convention has globally set forth in 1973, it has amended so often whenever reasonable articles are requi-red by contracting states under guidelines of IMO. The amendments, for instance, have continuously perfo-rmed more than 8 times regarding articles, protocols, and five annexes because the original text was badly drafted as the control measures were expressed in general way. This paper, therefore, is intend to summa-rize a main point relating to each amendment, so that persons who have an interest in the Convention would be completely understand for practical implementation. Especially, for legislative purpose or annen-dement of domestic law, it could timely be contributable if specific consolidation and unified interpretations are followed with this paper. Consequently it is much more worth to study for preventing marine pollution from ship with tracing every moment whenever the Convention formally adopted through amending up-to-data.

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A Study focused on how Korean IT Service Firms were financially impacted since the restrictions on participation of large firms

  • Choi, Hyun-Taek;Ryu, Gab-Sang
    • The Journal of Korea Institute of Information, Electronics, and Communication Technology
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    • v.12 no.4
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    • pp.395-405
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    • 2019
  • The government has strengthened the system of restricting participation of large corporations to limit participation in national information system construction projects and to increase participation of SME software companies. This study analyzes the financial performances of small and medium sized IT firms in Korea three years prior and 3 years after the restrictions on participation of large firm. A sample of 121 small and medium-sized IT services firms were classified into 3 groups and statistical techniques (T-test and one-way ANOVA) were used for the purpose of the analysis. In the three years after the restriction of participation of large corporations, the total assets and sales of the medium and small IT service firms were positive, but the operating profit and net profit were negative. There were many worries about the introduction of the restriction on the participation of large corporations, but many were stabilized. However, the negative impact was more pronounced for SMEs. Therefore, the reduction effect of SME IT service companies is different from the first legislative purpose of enforcing the restriction system of large enterprises, so we propose to revise the policy.

The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform (가습기살균제 피해의 행정구제의 문제점과 개선방안)

  • Park, Taehyun
    • Journal of Environmental Health Sciences
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    • v.45 no.4
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    • pp.310-320
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    • 2019
  • Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

A Review of China's Endangered Species Protection Act and Suggestions for Improvement (중국의 멸종위기종 보호법에 대한 검토와 개선책)

  • Park, Eun-Ok;Choi, Sang-duk;Jeon, Hong-Il;Xu, Yanting
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.24 no.1
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    • pp.112-118
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    • 2018
  • The purpose of this study is to analyze endangered species laws and systems in China from the viewpoint of the importance of protecting biodiversity and to propose suggestions for existing wildlife protection laws in China to improve efficacy. Since the People's Republic of China Wildlife Protection Act was promulgated and enforced in 1988, China has found that urgent amendments are necessary because of neglected management of the act. The content of the Wildlife Protection Act of China is not only monotonous and unsystematic, but also needs modification and supplementation because it is pre-modern and does not meet current demands. In comparison with other countries, the purpose of China's legislation, supervision system, scope of protection and public participation system differ. China's Wildlife Protection Act is also hindered by confusion in the legislative protection system, lack of an administrative compensation system, difficulties in implementation, deterioration of legal efficiency, lack of content and operations, and lack of a list of species that should be is protected. This paper proposes measures for improvement to solve this confusion in the legislative system for the endangered species protection law to establish a legal system suitable for the current situation in China.

A Study on the State of Classified Records Management in Korea (우리나라의 비밀기록 관리현황에 관한 연구)

  • Seo, Won-Kyoung
    • Journal of Korean Society of Archives and Records Management
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    • v.6 no.1
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    • pp.93-112
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    • 2006
  • As information disclosure is actively requested, loopholes of the government's Records Management System have exposed. Important documents of government have been disposed, lost, and closed to the public by the reason that they are 'classified'. This study starts from the recognition of these problems. Researches on classified records are necessary to reveal the historical truth. The purpose of this study is to examine the organization of Records Management System and the management of classified documents of the government institutions. Through the analysis of actual condition of classified records management, it is found that the classified records management is poorly implemented in Korea. This study especially deals with the classified records management system in special records management institutions such as legislative, judiciary, and military agencies. Though this study deals with a specific part of government, it may contribute to improvement of classified records management in government as a whole.

A Study on the Value of School Libraries in the LIS(Library and Information Science) and the Field of Libraries in Korea (문헌정보학과 현장분야로서 학교도서관의 가치에 관한 연구)

  • Kim, Sung-Jun
    • Journal of Korean Library and Information Science Society
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    • v.44 no.1
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    • pp.73-97
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    • 2013
  • The purpose of this study is to identify the value of school libraries and to find ways to realize the value after examining school libraries and teacher librarians in Korea. According to this study, school libraries can be useful resource to promote Koreans' social perception in all types of libraries and the LIS because school libraries are accessible to those who experience public education. As a major area of research and the field in the LIS, school libraries have strong possibilities to produce qualified librarians. The cooperation among librarians and legislative proceeding to staff full-time teacher librarians, and the expansion of school library researchers to activate field researches are needed in order to maximize the value.

A Basic Study for the Legal Definition of Cultural Property Terminology related to the Architecture (건축 문화재 용어의 법제도적 개념 정의를 위한 기초 연구)

  • Joo, Sang-Hun
    • Journal of architectural history
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    • v.27 no.5
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    • pp.27-38
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    • 2018
  • The purpose of this study is to identify the legal definition and usage of cultural property term related to the architecture within the cultural property-related legal system and general legal system, and to present proper terminology and specific concepts that can be used for the architecture as cultural properties. In the current cultural property legislative system, terms about the architecture are diverse and obscure, and the definition of each term is different from the concept in the general legal system. In this context, this study presented the terminology of 'the architectural heritage' as 'a cultural property by construction act' to cover whole cultural properties related to Korean architecture. And the conceptual scope of the architectural heritage is divided into the technology and the performer related to the act, the record and the building related to the product. and Each concept needs to be specifically tailored to its object and scope. Systematic definition of terms for cultural properties related the architecture can positively influence systematization of cultural property preservation and management as well as empirical research and education on Korean architecture.

Issues and Tasks of Personal Information Protection Liability Insurance (개인정보 손해배상책임 보장제도의 쟁점과 과제)

  • Lee, Suyeon;Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.19 no.1
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    • pp.37-53
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    • 2020
  • Today, our society is exposed to cyber threats, such as the leakage of personal information, as various systems are connected and operated organically with the development of information and communication technology. With the impact of these cyber risks, we are experiencing damage from the virtual world to the physical world. As the number of cases of damage caused by cyber attacks has continued to rise, social voices have risen that the government needs to manage cyber risks. Thus, information and telecommunication service providers are now mandatory to have insurance against personal information protection due to amendment of "the Act on Promotion of Information and Communication Network Utilization and Information Protection". However, the insurance management system has not been properly prepared, with information and communication service providers selecting the service operators based on sales volume rather than selecting them based on the type and amount of personal information they store and manage. In order for the personal information protection liability insurance system to be used more effectively in line with the legislative purpose, effective countermeasures such as cooperation with the government and related organizations and provision of benefits for insured companies should be prepared. Thus, the author of this study discuss the current status of personal information protection liability insurance system and the issues raised in the operation of the system. Based on the results of this analysis, the authors propsoe tasks and plans to establish an effective personal information protection liability insurance system.

Historical Change and Significance of Health Management Programs for Korean Students: Based on Data from 2001 to 2010 Year (우리나라 학생 건강관리 사업의 역사적 변천과 의의: 2001~2010년 사업을 중심으로)

  • Kim, HyeonSuk;Gil, MiGyung
    • Journal of the Korean Society of School Health
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    • v.26 no.3
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    • pp.144-157
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    • 2013
  • Purpose: Health management programs should provide comprehensive health services for students and staffs at schools. Health management programs are critical for helping students become adults with physically, mentally, and socially good health conditions. The aim of this study was to identify the past and present history of health management programs and health laws to help schools develop future health plans. Methods: This study was conducted by analyzing reference data collected using data from Ministry of Education and Science Technology, Korean Educational Development Institute, Korea Centers for Disease Control and Prevention, and National Statistical Office as well as legal documents from the Legislative Office related to school health from 2001 to 2010. Results: Health management programs in schools included three sections: disease prevention and control, physical examinations, and prevention of communicable diseases. Disease prevention and controls consisted of obesity control, drug abuse prevention and control,and management of students' mental health. Various strategies and services were developed to improve health status of students for 10 years from 2001 to 2010. School health laws and systems have been established for disease prevention, physical examinations and communicable disease control as well, to improve students' health as well. Conclusion: The history of health management programs has a number of implications to help design future plans for school health programs and services for students and staffs.

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The Necessity of Establishing National Education Committee and Legislative Implications (국가교육위원회의 설치 필요성 및 입법적 함의)

  • Kim, Yong-Ki
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.592-599
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    • 2017
  • The possibility of establishing the committee was increased because of the pledge of the President Moon Jaein for the national education committee. Thus, the purpose of this study was to discuss about its necessity and the meaning of legislation. The study method was to analyze existing studies (concept establishment, overseas cases, and legal research), media materials, and internet materials. It also suggested positive and negative functions in establishing the national education committee. Its positive functions are; first, stability of policy, second, political neutrality, third, seeking the nature of education, and fourth, improvement of possibility. Negative functions are; first, establishing the committee could be poison, second, argument in position and role, third, issue of agreement, and fourth, populism policy oriented.