• 의료ㆍ복지 건축 : 한국의료복지건축학회 논문집
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• 제22권2호
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• pp.25-33
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• 2016

Purpose : The information of mental health facilities in Korean law is so unclear that people hardly enable to understand what sort of proper mental health service is prepared for them. Futhermore, there is not enough regulation and standard to classify each type of facilities in the law. Therefore the purpose of this study is to provide data on the basis for classification and facility standards by analysing Korean law and policies. Methods : This study was conducted by a research on law and regulation of mental health facility. Results : The result of this study can be summarized into three points. The first one, current law and policy do not reflect a change in community mental health services paradigm. The second one, the classified facility should be designed to fit the community mental health services. The third one, overall, it requires more detailed guidelines to enhance the quality of mental health services. Besides, the treatment as well as the function of the prevention and rehabilitation are necessary criteria that can also be enhanced. Implications : This study looked at the classification and facility standard of mental health facility by the change in community mental health services paradigm. Forward according to these changes, there is a need for specific guidelines for mental health facility.

• 한국조리학회지
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• 제7권1호
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• pp.57-90
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• 2001

We investigated the unequivalence of Food Sanitation law, School Foodservice law and recent reports studied about hazard analysis critical control point(HACCP) system. We also found out that cook's duties were expressed several times in the standard job classification in Korea national statistical office based by the international labor organization(ILO) since 1963, but not ever in the Food Sanitation law and School Foodservice law. Based on these investigations We propose clear expression of cook's duties in the Food Sanitation law and School Foodservice law, and enactment of regulation or law of Cook to reduce any possible food poisonings. However these proposals need to be studied and improved in many different ways for the revision and enactment of the law of cook.

• 대한예방의학회:학술대회논문집
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• 대한예방의학회 2002년도 제54차 추계 학술대회 연제집
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• pp.248-249
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• 2002

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• 무역상무연구
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• 제36권
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• pp.195-262
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• 2007

This paper attempts to assess the Basel Committee's bank supervisory standards and capital adequacy rules, and thereby rethink whether global convergence in banking regulation is desirable. To that end, it seeks to address the impetus for the creation of the Basel Committee, and explore driving forces behind the internationalization of bank regulatory and supervisory standards. Following the historical and theoretical analysis of the internationalization of bank regulatory standards, the movement toward global standards in banking is reviewed. More importantly, this paper seeks to explore the origins of the Basel Accord on bank capital adequacy. To do so, it largely relies on current theories on the process of negotiating the capital adequacy standards in the areas of political science and international political economy. At this point, this study takes a position as a break against the force of international market failure logic that has enjoyed an exceptionally positive reception among economists, political scientists, and legal experts. Nonetheless, it does not intend to freeze the international coordination and cooperation of banking regulation. Given the understanding of the politics behind the creation of the Basel Accord, this paper evaluates the Basel Accord of 1988 and the new capital adequacy framework(Basel II), and then moves beyond the assessment of the capital adequacy standards In doing so, this study draws lessons from Basel in search of a just world order in the global finance.

• 무역상무연구
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• 제14권
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• pp.349-370
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• 2000

The environmental problems such as global climate change, global waming, ozone depletion, environmental pollution have been caused by the rapid economic growth, increasing in use of fossil fuels for industrialization and scientific technology development. Especially human activities are significantly altering the atomosphere's composition and its radiative properties. To Stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the international community adopted the UN Framework Convention on Climate Change in 1992 and Kyoto protocol in 1997. Also to protect ozone layer the international community adopted the Vienna Convention for the Protection of the Ozone Layer in 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. To achieve global environmental objectives, some multilateral environmental agreements includes trade regulation. For example, Montreal Protocol includes the provisions to regulate the world trade of the sudstances which might destroy ozone layer. However Kyoto Protocol has no provisions to regulate trade and is not in force yet. Although there is no trade regulation article in Kyoto Protocol, the international world trade will be influenced by limitation and reduction of CO2 and strengthening the CO2 emission standard for import good. For example Korean car industy agreed with EU to reduce CO2 emission from new passenger car and Korean Semiconductor industry agreed with WSC(World Semiconductor Council) to reduce PFCs in 1999.

• 무역상무연구
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• 제17권
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• pp.93-125
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• 2002

This paper aims to find a reasonable solvency margin system in non-life insurance industry and also to evaluate the appropriateness of the current solvency margin regulation system in Korea. The current solvency margin system in Korea, based on EU's solvency margin model, was introduced during the 1997 financial crisis. The solvency requirement is not based on non-life insurer's risk, but simply on written premiums. The current solvency margin for general insurance, such as fire, marine, and automobile insurance, is determined by the greater between a premium-based amount and a claim-based amount, where the premium-based solvency margin is calculated by multiplying the net written premium for the preceding year by the premium based solvency margin ratio. Also, the amount of solvency margin for long term insurance is set at 4% of the policy reserve of the long term insurance. Still, there exist many differences between the current solvency margin regulation system in Korea and EU's model. This paper focuses on the rationality of the solvency margin regulation system, and compares the current system in Korea with EU's model and the RBC(Risk Based Capital) system in U.S. and Japan. Finally, this paper suggests a more specific and reasonable solvency margin system to be developed in Korea.

• International Journal of Computer Science & Network Security
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• 제21권11호
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• pp.189-192
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• 2021

The article is devoted to the issue of the content of legal instruments in terms of tourism business, namely the problems of legal regulation of insurance in tourism. The analysis of the state of development of the problem in question shows that the issue of legal regulation of the insurance contract in general and the contract in tourism services, in general, is insufficiently studied. The article is devoted to topical issues of legal regulation of insurance in the field of tourism, the search for effective mechanisms to increase the liability of both underwriters and insurers. Therefore, insurance can be considered as one of the methods of preventing unfortunate consequences during the implementation of tourism activities. The author's vision of the content of the package of measures that can positively influence not only the development of the tourist industry in general but primarily to help identify those legal segments that need improvement in the future has been stated.

• 한국산업보건학회지
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• 제34권2호
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• pp.148-155
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• 2024

Objectives: Among the regulations that have recently attracted a lot of social attention in Regulation on Occupational Safety and Health Standards, we would like to specifically present the reasons why even companies with strong will to comply with regulations that are not effective or entail a number of legal problems, and suggest ways to improve them. Methods: The facts were confirmed and identified through various methods such as interviews and meetings with labor inspectors who enforce the Regulation on Occupational Safety and Health Standards and safety officials at industrial sites experiencing them. Results: Due to the lack of effectiveness in Regulation on Occupational Safety and Health Standards, there are not a few areas that do not function properly as a preventive standard. Although operating the regulatory nature of punishment as an administrative guideline without basing it on Regulation on Occupational Safety and Health Standards is a direct violation of the principles of the administration of the rule of law, there are many expedient ways to replace what should be placed in this rule as just an administrative guideline. Conclusions: It should be prioritized to explicitly stipulate effective regulations within the Regulation on Occupational Safety and Health Standards. In addition, as regulations on occupational safety and health standards play a large part in preventing industrial accidents, comprehensive and practical measures are indispensable rather than fragmented and formal measures to ensure that these rules function properly in the prevention industrial accidents.

• International Journal of Computer Science & Network Security
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• 제21권5호
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• pp.237-242
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• 2021

The article deals with the problematic issues of defining information as an object of private relations. Definitions that they are intangible and non-consumable by nature, are inextricably linked to a specific material carrier are/or secured by the subject that transmits them, messages, and information that have quantitative and qualitative characteristics, and are capable of having a freight or another value, and in case of its illegal usage causing damage and moral harm.