• Title/Summary/Keyword: regulation and service

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A Survey on the Forest Cultural Assets in the Southern Coastal Areas for the Designation and Maintenance of Law-protected Trees (보호수 지정 및 관리를 위한 남해안 지역 산림문화자산 실태조사)

  • Kang, Kee-Rae
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.30 no.2
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    • pp.28-36
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    • 2012
  • Forests are one of the basic assets nearest our daily lives that provide the foundation of life necessities, culture and even survival. These assets pervade local residents' lives as culture and the necessities of life, and they will be handed down to posterity. Therefore, this study was conducted to carry out a field survey on old trees, plant communities and forests in the southern coastal areas in Korea, where not many surveys were not conducted on the forest cultural assets, further examining a possibility that some of the trees should be designated as law-protected. As for the survey of plants, this study investigated 80 different spots of old trees, plant communities and forests, located in 11 cities and counties in Gyengnam Province and Jeonnam Province adjacent to the southern coast of Korea. To measure the health and actual maintenance conditions of old trees and plant communities objectively, the standard of judgment was established through the brain storming of experts. As a result of the field survey, out of all the old trees and plant communities that are not law-protected, this study selected old trees and plant communities that are in good health and likely to pass the standard of designating law-protected trees according to the Established Rule 574 of the Korea Forest Service Regulation. As for the plant community and old trees likely to be law-protected, this study judged that the torreya forest in Naneum Li, Namhae and old trees in 13 spots, in cluding so-called 'Couple Pine Tree' in Pyeongsa Li, Hadong, have a high possibility of being designated as a law-protected plant community and old trees. As for the species of old trees, there were 3 zelkova serrata trees, 3 celtis sinensis persoon trees, 2 pinus densiflora trees, 1 castanopsis cuspidata tree, 1 salix chaenomeloides tree and 1 machilus thunbergii tree found in the survey areas. Overall, this study judged that those old trees and plant communities require a national systematic maintenance by being designated as law-protected ones, and their values should be handed down to posterity as our forest cultural assets.

Comparative Study of Security Services Industry Act and Police Assigned to Special Guard Act - Focused on special guards and police assigned to special guard duty - (경비업법과 청원경찰법의 비교 연구 특수경비원과 청원경찰을 중심으로)

  • Noh, Jin-keo;Lee, Young-ho;Choi, Kyung-cheol
    • Korean Security Journal
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    • no.57
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    • pp.177-203
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    • 2018
  • Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

Complex Terrain and Ecological Heterogeneity (TERRECO): Evaluating Ecosystem Services in Production Versus water Quantity/quality in Mountainous Landscapes (산지복잡지형과 생태적 비균질성: 산지경관의 생산성과 수자원/수질에 관한 생태계 서비스 평가)

  • Kang, Sin-Kyu;Tenhunen, John
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.12 no.4
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    • pp.307-316
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    • 2010
  • Complex terrain refers to irregular surface properties of the earth that influence gradients in climate, lateral transfer of materials, landscape distribution in soils properties, habitat selection of organisms, and via human preferences, the patterning in development of land use. Complex terrain of mountainous areas represents ca. 20% of the Earth's terrestrial surface; and such regions provide fresh water to at least half of humankind. Most major river systems originate in such terrain, and their resources are often associated with socio-economic competition and political disputes. The goals of the TERRECO-IRTG focus on building a bridge between ecosystem understanding in complex terrain and spatial assessments of ecosystem performance with respect to derived ecosystem services. More specifically, a coordinated assessment framework will be developed from landscape to regional scale applications to quantify trade-offs and will be applied to determine how shifts in climate and land use in complex terrain influence naturally derived ecosystem services. Within the scope of TERRECO, the abiotic and biotic studies of water yield and quality, production and biodiversity, soil processing of materials and trace gas emissions in complex terrain are merged. There is a need to quantitatively understand 1) the ecosystem services derived in regions of complex terrain, 2) the process regulation occurred to maintain those services, and 3) the sensitivities defining thresholds critical in stability of these systems. The TERRECO-IRTG is dedicated to joint study of ecosystems in complex terrain from landscape to regional scales. Our objectives are to reveal the spatial patterns in driving variables of essential ecosystem processes involved in ecosystem services of complex terrain region and hence, to evaluate the resulting ecosystem services, and further to provide new tools for understanding and managing such areas.

International Case Studies on the Eco-friendly Energy Towns with Hybrid Thermal Energy Supply System and Borehole Thermal Energy Storage (BTES) (친환경에너지타운에서 보어홀지중열 저장(BTES) 활용 융복합 열에너지 공급 시스템 사례 연구)

  • Shim, Byoung Ohan
    • Economic and Environmental Geology
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    • v.51 no.1
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    • pp.67-76
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    • 2018
  • This study reviews three eco-friendly energy towns with hybrid thermal energy supply systems and borehole thermal energy storage (BTES) in Canada and Denmark. The district heating and cooling systems were designed by using multi-source energy for the higher efficiency and reliability as well as environment. ADEU (Alexandra District Energy Utility) located at the developing area in the city of Richmond, Canada was designed to supply district energy with the installation of 726 borehole heat exchangers (BHEs) and a backup boiler using natural gas. DLSC (Drake Landing Solar Community) located in the town of Okotoks, Canada is a district system to store solar thermal energy underground during the summer season by seasonal BTES with 144 BHEs. Brædstrup Solpark district heating system located in Denmark has been conducted energy supply from multiple energy sources of solar thermal, heat pump, boiler plants and seasonal BTES with 48 BHEs. These systems are designed based on social and economic benefits as well as nature-friendly living space according to the city based energy perspective. Each system has the energy center which distribute the stored thermal energy to each house for heating during the winter season. The BHE depth and ground thermal storage volume are designed by the heating and cooling load as well as the condition of ground water flow and thermophysical properties of the ground. These systems have been proved the reliance and economic benefits by providing consistent energy supply with competitive energy price for many years. In addition, the several expansions of the service area in ADEU and Brædstrup Solpark have been processed based on energy supply master plan. In order to implement this kind of project in our country, the regulation and policy support of government or related federal organization are required. As well as the government have to make a energy management agency associated with long-term supply energy plan.

우리나라 농촌지역의 출산조절행태 및 출산조절행위의 결정요인 분석

  • Chung, Kyung-Hee;Han, Seung-Hyun;Bang, Sook
    • Korea journal of population studies
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    • v.11 no.2
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    • pp.33-53
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    • 1988
  • This study aimed at developing a desirable family planning policy and strategy by examining the current status of family planning practice in rural Korea and by indentifying the crucial factors which affect fertility control behavior. For this purpose, an analytical study was conducted, using the survey data collected in July 1985, on an interview basis, on 1, 440 married women living in the Soyi, Wonnam and Maingdong townships of Eumseong County(in North Chungcheong Province). This study population has the typical characteristics of rural areas, and the results of the analysis can be summarized as follows: 1. In regard to the demographic characteristics of the study population : their average age at marriage was 23.7, they had an average of 2.6 children( 1.3 boys, 1.3 girls) :10% experienced the death of their child (ren) :14% had spontaneous abortion(s) :4% weathered stillbirth(s) :35% went through induced abortion (s) : and 5.5% were currently pregnant. The average of their ideal numbers of children was 2.2, while 44% felt that they must have a son. 2. Looking at the contact rate with medical & health institutions, over the past 1 year, the visit rate to health subcenters was 43.7%, while 26.9% visited the (county) health center :59.6% had been to private clinics : and 41.5% went to the Soonchunhyang - Eumsung hospital : thus showing a relatively high rate of accessibility. 3. The utilization rate of family planning services was 76.5%, with tubectomy being the most prominent method at 52.3%, while the informants were health workers in 54.2% of the acceptors. Of the 8.4% who discontinued the use of contraceptive methods, only 26% did so due to want for pregnancy, natural infertility (meno - pause), or other reasons, while the remaining 74% stopped usage on account of side effects, failure in the methods themselves, and inconvenience of use, thus pointing to a situation where the proper choice of family planning methods have not yet been made. It can be noted that there is a strong motivation for early birth stopping as 35.3% practice family planning even with only one child, of which 38.3% have had sterilization operations. According to results of a multiple regression analysis, among the variables affecting contraception usage the most significant variable was the number of sons. 4. 34.8% experienced induced abortions. It was shown as a result of multiple regression analysis that the number of children and attitudes toward induced abortions extensively affected their frequency of abortions conducted. 5. In the regard to the relation between family planning and induced abortions, 33.7% of the women used both, while 52.0% of them used only the former(family planning), with only 1.4 % utilizing solely the latter(abortion), and 12.9% totally abstaining from fertility regulation : again, the discriminant analysis indicated that the choice of family planning and/or induced abortion was determined by the number of children and attitudes toward induced abortion. In view of the above mentioned results, the following are some comments and suggestions concerning problems related to the current family planning policies, in Korea : 1. It is difficult to expect a further quantitative expansion in family planning program operations, as there has been an excessive supply of target-oriented sterilization operations on women. From a maternal and child health care point of view, it will be desirable to have a diversification of service points in the future where family planning methods may be properly chosen, so that choices of methods which suit the mothers' characteristics and tastes may be made by the individuals themselves by strengthening their quality of family planning information services. 2. Along with the strengthening of the qualitative improvement of family planning services policies must be implemented to effectively promote the moral (ethical) deterrents to induced abortions and to preference for sons. From a maternal care standpoint, the social permissive norm toward induced abortion must be modified, and the bias towards son must be analyzed as the women with more daughters have a lower rate of family planning acceptance. Such changes in attitudes, however, can not be hoped to be accomplished with ad hoc policies, but will only be possible when an enhancement of the women's status(within the society) is brought about in a long - term perspective.

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A Study on the Reality and Improvement of Autonomous Police System in Jeju Special Self-Government Province (제주자치경찰 시스템의 실태와 발전모델에 관한 연구)

  • Cho, Chul-Ok
    • Korean Security Journal
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    • no.14
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    • pp.485-516
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    • 2007
  • Jeju Special Self-Government Province adopted an autonomous police system for the first time since 60 years in Korean police. The purpose of autonomous police system is to offer a police service to be suitable in regional conditions. But Jeju autonomous police system for nearly one year after adoption is criticized to be established on the ground of political reason but not local decentralization. Actually Jeju autonomous police has not a clear cut jurisdiction and operation scope because of the jurisdiction duplication between national and autonomous police. The original task is confined on environment and sightseeing so on given to administration police for local self-government. So criminal investigation authority on general crimes is not to Jeuju autonomous police on account of special judicial police. First, it is the structural rationalization of Jeju autonomous police system. It speaks that Jeju provincial police bureau and police station have to be as national police institution, on the other hand, patrol district station and police box have to be as autonomous police institution. Of course, functional division has to be followed. National police performs managing all the assembly and demonstration by the management law on assembly and demonstration including the suppression against any large scale demonstration and disturbance, also the investigation on serious crimes just as international crimes and broaden area crimes including all the felony. Together national police performs the duty concerned to all the foreign affairs and national securities in along with the investigation on traffic accidents. On the other hand, autonomous police performs the function for citizen's life safety as crime prevention and the enforcement on the violation against police operation law, together the traffic management and the regulation on traffic violations. and the investigation on minor crime as simple violence or petty larceny including the management on local big events. Second, the budgetary of autonomous police is rationalized by the share of budgeting between Korean government and Jeju special self-government province. Third, urgent arrest authority on general crime and the rights of claims for the summary trial on minor crimes are given to autonomous police. Of course, this problem is resolved naturally in case of giving the investigation rights to autonomous police on minor crimes.

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A Study on the Improvement of Airspace Legislation in Korea (우리나라 공역 법제의 개선방안)

  • Kim, Jong-Dae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.61-114
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    • 2018
  • Recently airspace became a hot issue considering today's international relations. However, there was no data that could be fully explained about a legal system of korean airspace, so I looked at law and practice about korean airspace together. The nation's aviation law sector is comletely separate from those related to civil and military aircraft, at least in legal terms. The Minister of Land, Infrastructure and Transport shall carry out his/her duties with various authority granted by the "Aviation Safety Act". The nation's aviation-related content is being regulated too much by the Ministry of Land, Infrastructure and Transport's notice or regulation, and there are many things that are not well known about which clauses of the upper law are associated with. The notice should be clearly described only in detail on delegated matters. As for the airspace system, the airspace system is too complex for the public to understand, and there seems to be a gap between law and practice. Therefore, I think it would be good to reestablish a simple and practical airspace system. Airspace and aviation related tasks in the military need to be clearly understood by distinguishing between those entrusted by the Minister of Land, Infrastructure and Transport and those inherent in the military. Regarding matters entrusted by the Minister of Land, Infrastructure and Transpor, it is necessary to work closely with the Minister of Land, Infrastructure and Transport when preparing related work guidelines, and to clarify who should prepare the guidelines. Regarding airspace control as a military operation, policies or guidelines that are faithful to military doctrine on airspace control are needed.

Historical Observation and the Characteristics of the Records and Archives Management in Korea (한국 기록관리의 사적 고찰과 그 특징)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.34
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    • pp.221-250
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    • 2012
  • This paper introduces the characteristics of the records and archives management of Korea from Joseon dynasty to now. This paper also explains historical background of making the records and archives management in Joseon dynasty. This paper introduces the process of establishment of modern records management system by adopting records management system and public administration of USA after liberation in 1945. The Joseon bureaucrats established systematic methodologies for managing and arranging the records. Jeseon dynasty managed its records systematically since it was a bureaucratic regime. It is also noticeable that the famous Joseonwangjosilrok(Annals of Joseon dynasty) came out of the power struggles for the control of the national affairs between the king and the nobility during the time of establishment of the dynasty. Another noticeable feature of the records tradition in Joseon dynasty was that the nobility recorded their experience and allowed future generations use and refer their experiences and examples when they performed similar business. The records of Joseon period are the historical records which recorded contemporary incidents and the compilers expected the future historians evaluate the incidents they recorded. In 1894, the reformation policy of Gaboh governments changed society into modernity. The policy of Gaboh governments prescribed archive management process through 'Regulation(命令頒布式)'. They revised the form of official documents entirely. They changed a name of an era from Chinese to unique style of Korean, and changed original Chinese into Korean or Korean-Chinese together. Also, instead of a blank sheet of paper they used printed paper to print the name of each office. Korea was liberated from Japanese Imperialism in 1945 and the government of Republic of Korea was established in 1948. In 1950s Republic of Korea used the records management system of the Government-General of Joseon without any alteration. In the late of 1950's Republic of Korea constructed the new records management system by adopting records management system and public administration of USA. However, understanding of records management was scarce, so records and archives management was not accomplished. Consequently, many important records like presidential archives were deserted or destroyed. A period that made the biggest difference on National Records Management System was from 1999 when was enacted. Especially, it was the period of President Roh's five-year tenure called Participation Government (2003-2008). The first distinctive characteristic of Participation Government's records management is that it implemented governance actively. Another remarkable feature is a nomination of records management specialists at public institutions. The Participation Government also legislated (completely revised) . It led to a beginning of developing records management in Republic of Korea.

Unfair Restrain on Competition in Air Cargo Fuel Surcharge Case (공정거래법상 부당한 경쟁제한의 의미 - 항공화물 유류할증료 담합사건을 중심으로 -)

  • Lee, Chang Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.117-149
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    • 2015
  • On May 16, 2014 the Supreme Court of Korea rendered its decision with respect to litigation filed by All Nippon Airways Co., Ltd. ("ANA") for revocation of an order of correction and payment of a penalty imposed by the Korea Fair Trade Commission ("KFTC"). On or around September 2002, ANA and various airlines operating air cargo service from Japan to Korea were allegedly to have agree to introduce of fuel surcharge into their rates on cargo fares in an attempt to recoup falling profits from rising of oil price. As this hard core cartel was per se prohibited under Korean competition law (The Monopoly Regulation And Fair Trade Act), KFTC began an investigation and consequently with fruitful results imposed an amount of penalty and issued an order of prohibition. ANA protested against this imposition by filing suit against KFTC under the reasons that (1) their agreement was simply pursuant to the relevant laws and regulations including Air Transport Agreement between Korea and Japan, (2) there was an administrative guidance from Japanese government to allow this agreement, (3) extraterritorial application of Korean competition law to the agreement in this matter was improper as it was made within Japan and targeted only for the shipment from Japan to Korea: accordingly there is not a direct and serious effect between the agreement and any result of anti-competitive. This article aims to review ANA's allegation and the judgement delivered by Korean court under some issues respectively; (1) whether there is an effectively actual anti-competitive cartel between airlines including plaintiff, (2) whether filed rate doctrine is reasonable and applicable in this case for precluding wrongfulness, (3) what is the reasonable limitation of boundaries in extraterritorial application of Korean competition law. Additionally, this article also suggests to concern particular features of air transport business as an regulated industry in judging the unfair restrain on competition.

The Legislation of the Part VI (the Carriage by Air) of the Korean Commercial Code (국내 항공운송법 제정안에 관한 고찰)

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.3-29
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    • 2008
  • The volume of air passengers and cargo transportation has increased rapidly in recent years. This trend will be even more noticeable as the high-tech service industry expands and the globalization progresses. In an effort to reflect and to cope with this trend, many conventions concerning international air transportation have been concluded. The Republic of Korea has also acceded to the Montreal Convention of 1999 on September 20th, 2007 which became effective on December 29th 2007. However, Korea currently does not provide any private law on the liability of domestic air carrier, leaving the regulation wholly to the general conditions of carriage of private air lines. These general conditions of carriage, however, are not sufficient to regulate the liabilities of domestic air carriers, because they cannot be fully recognized as a legitimate source of law applicable in the court. This situation is inconvenient for both air carrier and their customers. Thus, the Ministry of Justice of Korea has decided to enact a law that will regulate domestic air transportation, namely, "Domestic Carriage by Air Act", as a part of the Korean Commercial Code. So was composed a special committee for legislation of the Domestic Carriage by Air Act. This writer has led the committee as a chairman. The committee has held in total 10 meetings so far and has completed a draft bill for the part VI of the Korean Commercial Code, "Air Carriage." The essentials of the draft are as follows: First, the establishment of Part VI in the Commercial Code. The Korean Commercial Code already includes a series of provisions on road transportation in part II and carriage by sea in part V. In addition to these rules regulating different types of transportation, the Domestic Carriage by Air Act will newly establish part VI to regulate air carriages. Eventually, the Commercial Code will provide an integrated legal system on the transportation industry. Second, the acceptance of the basic liability system which major international conventions, such as Montreal Convention of 1999 and Guadalajara Convention of 1961, have adopted. This is very important, because the law of air carriage is unified worldwide through various international conventions, making it necessary and significant for the new act to achieve conformity between rules of international air carriage and that of domestic air carriage. Third, the acceptance of Rome Convention system on damage caused by foreign aircraft to third parties on the surface. Fourth, the application of rules on domestic road carriage or carriage by sea mutatis mutandis with necessary modifications. This very point is the merit of inserting domestic air transportation law into the Commercial Code. By doing so, the number of articles can be reduced and the rules on air carriage can conform to that of road transportation and carriage by sea. The bill is expected to be passed by the parliament at the end of this year and is expected to be effective by end of July 2009.

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