• Title/Summary/Keyword: regulations.

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Working hours and the regulations in Korea

  • Inah Kim;Jeehee Min
    • Annals of Occupational and Environmental Medicine
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    • v.35
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    • pp.18.1-18.7
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    • 2023
  • South Korea has the highest policy priority for working hour regulations because it has longer annual working hours than other Organization for Economic Development Co-operation and Development countries and has fewer holidays. According to the results of the Working Conditions Surveys between 2006 and 2020, in 2020, 6% of wage earners worked for > 52 hours weekly. The percentage of workers exceeding 52 hours weekly has decreased over time; however, disparities exist based on age, industry, occupation, company type, and company size, particularly in service-, arts-, and culture-related occupations and workplaces with fewer than 5 employees. South Korea's working hours system is greatly influenced by the 52-hour weekly maximum; sometimes, a maximum of 64-69 hours, including overtime, is theoretically possible. To ensure healthy working hours, it is important to actively protect workers who fall through the cracks, such as those in businesses with fewer than 5 employees.

A Study on the Legal Proposal of Crew's Fatigue Management in the Aviation Regulations (항공법규에서의 승무원 피로관리기준 도입방안에 관한 연구 - ICAO, FAA, EASA 기준을 중심으로 -)

  • Lee, Koo-Hee;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.29-73
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    • 2012
  • Aviation safety is the State and industry's top priority and more scientific approaches for fatigue management should be needed. There are lately various studies and regulation changes for crew fatigue management with ICAO, FAA and EASA. ICAO issued the provisions of fatigue management for flight crew since 1st edition, 1969, of Annex 6 operation of aircraft as a Standards and Recommended practice(SARPs). Unfortunately, there have been few changes and improvement to fatigue management provisions since the time they were first introduced. However the SARPs have been big changed lately. ICAO published guidance materials for development of prescriptive fatigue regulations through amendment 33A of Annex 6 Part 1 as applicable November 19th 2009. And then ICAO introduced additional amendment for using Fatigue Risk Management System (FRMS) with $35^{th}$ amendment in 2011. According to the Annex 6, the State of the operator shall establish a) regulations for flight time, flight duty period, duty period and rest period limitations and b) FRMS regulations. The Operator shall implement one of following 3 provisions a) flight time, flight duty period, duty period and rest period limitations within the prescriptive fatigue management regulations established by the State of the Operator; or b) a FRMS; or c) a combination of a) and b). U.S. FAA recently published several kinds of Advisory Circular about flightcrew fatigue. U.S. passed "Airline Safety and FAA Extension Act of 2010" into law on August 1st, 2010. This mandates all commercial air carriers to develop a FAA-acceptable Fatigue Risk Management Plan(FRMP) by October 31st, 2010. Also, on May 16, 2012, the FAA published a final rule(correction) entitled 'Flightcrew Member Duty and Rest Requirements; correction to amend its existing prescriptive regulations. The new requirements are required to implement same regulations for domestic, flag and supplemental operations from January 4, 2014. EASA introduced a Notice of Proposed Amendment (NPA) 2010-14 entitled "Draft opinion of the European Aviation Safety Agency for a Commission Regulation establishing the implementing rules on Flight and Duty Time Limitations and Rest Requirements for Commercial Air Transport with aeroplanes" on December 10, 2010. The purpose of this NPA is to develop and implement fatigue management for commercial air transport operations. Comparing with Korean and foreign regulations regarding fatigue management, the provisions of ICAO, FAA, EASA are more considering various fatigue factors and conditions. Korea regulations should be needed for some development of insufficiency points. In this thesis, I present the results of the comparative study between domestic and foreign regulations in respect of fatigue management crew member. Also, I suggest legal proposals for amendment of Korea Aviation act and Enforcement Regulations concerning fatigue management for crew members. I hope that this paper is helpful to change korea fatigue regulations, to enhance aviation safety, and to reduce the number of accidents relating to fatigue. Fatigue should be managed at all level such as regulators, experts, operators and pilots. Authority should change surveillance mind-set from regulatory auditor to expert adviser. Operators should identify various fatigue factors and consider to crew scheduling them. Crews should strongly manage both individual and duty-oriented fatigue issues.

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Implementation of a Legal Information Service System for Land Usage Regulations (토지이용규제 법률정보서비스 시스템의 구현)

  • Lee, Bum-Suk;Moon, Kyung-Won;Hong, Sung-Han;Kim, Eui-Chan;Hwang, Byung-Yeon
    • Journal of Korea Spatial Information System Society
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    • v.8 no.3
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    • pp.39-50
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    • 2006
  • Rapid growth of the domestic economy caused a lot of the demand of land information. The land information system has to keep the records of the various data about land that includes its owner and usages. Also the system must present adequate results that have been accumulated upon a user's request. Since Korean Government enforces 'Law of National Land Usage and Management', the land in rural area was also tightly regulated as much as that in the urban area. In fact, when people wants to develop their land, then they realize that their land has many restrictions and regulations to use. Sometimes, they find many regulations and restrictions even in a parcel. Thus, many people quite often want to know all the laws, rules, regulations, and restrictions etc., whatever applicable on the land they are interested in. to use. The purpose of this paper is to show a legal service system that precisely presents all the related laws, regulations, and restrictions. for a piece of the land. It summarizes the search results on users' requests. It uses a knowledge-based expert system to figure out the users requests. In this paper, we designed the system architecture of the software, and implemented its prototype. The results on this system show more concise and user friendlier than those of the existing systems.

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A Study on the Application of BIM for the Improvement of the Effectiveness of the Safety Assessment Regulations (유해·위험방지계획서 현장 활용도 제고를 위한 BIM 적용 필요성에 관한 연구)

  • Lee, Mi-Hyeon;Lim, Hyoung-Chul
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.4
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    • pp.384-391
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    • 2020
  • An annual average of more than 100 casualties occur on construction sites designated by the occupational safety and health law despite the safety assessment regulations from Korea Occupational Safety & Health Agency. Even if those sites involve more harmful or hazardous work than other sites, the result creates doubt regarding the effectiveness of the safety assessment regulations. The safety of construction sites is difficult to maintain continuously and instantly because ofthe variability in the construction industry despite inspecting workers, equipment, and facilities by managers. Many discussions on how to utilize BIM have been made to improve the productivity of construction projects, and BIM-based modeling and simulation would bring many benefits to safety. This study examined the hindrance factors of field utilization of the safety assessment regulations through a research literature survey, disaster situation analysis and questionnaire, and suggests the necessity of the application of BIM that enhances the effectiveness of safety assessment regulations by identifying the relationship between the hindrance factors and the function of BIM.

Related Party Transactions and Corporate Value: The Effect of Regulations against Controlling Shareholders' Expropriation in Korea (특수관계인간 거래와 기업가치: 사익편취규제제도 시행의 영향 분석)

  • Lee, Sang-Gyu;Kim, Dong-Wook;Kim, Byoung-Gon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.9
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    • pp.584-595
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    • 2020
  • This study relates to the effect from enforcement of regulations in 2014 against controlling shareholder expropriation in Korean corporations. The relationship change between related party transactions (RPTs) and the corporate values of listed Korean corporations is analyzed for the five-year period before and after enforcement of the regulations (2009-2013 and 2014-2018). Three types of RPTs regarding long-term supply contracts, loans, and credit were adopted for analysis. Following are the results of a regression analysis with panel data that consist of 6,534 firm-year observations. First shown is that the enforcement of regulations affects the relationship between RPTs and corporate value. Specifically, for all corporations, the result implies that the purpose of expropriation is weakened, and the efficiency and transparency of transactions in corporations are enhanced due to enforcement of the regulations. Secondly, the extent to which the regulations exert influence on designated and non-designated corporations differs. Regulation enforcement seems to be more influential on non-designated corporations than on designated ones for the efficiency and transparency of transactions in the long-term contract type of RPT.

A Study on Problems and Improvement of Personal Protective Regulations in Security Industry Act (경비업법상 신변보호 관련 규정의 문제점과 개선방안)

  • Park, Jung-Sub
    • Korean Security Journal
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    • no.51
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    • pp.81-100
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    • 2017
  • Recently, Crime patterns in our society are diversifying as followed on the urbanization of population and the influx of immgrants. Existing murder, kidnap, sexual assault, etc. Especially, the crimes such as school violence, dating violence, domestic violence, violent abuse and even social hatred a crime, motiveless crime are spreading into every phase of national life. Due to the social situation, the sharp increase in demand for personal protection, the scale of private security industry has been constantly expanded. Following this trend, the personal protective regulations in Security Industry Act has been revised several times since the it was enacted in 1995. However, despite the fact that the legal and institutional aspects should have been amended and improved systematically according to the industrial development, the regulations adopted initially adopted has been maintained so far, which have resulted in various problems as they could not coincide with the purpose of private security, being divorced from the reality of private security industry and social changes. Especially, in the case of personal protection service and facility security service, the legal requirements of both services are identical with each other in terms. Such legal systems may cause confusion to security businesses and employees, or the police managing and supervising them, regarding the scope and duties of security services. In order to improve such problems, the regulations of permission requirement that the personal protective regulations in Security Industry Act should be revised system. In this study, relevant personal protection provisions prescribed in the Security Industry Act have been reviewed critically in this paper. And also the regulations were review of those personal protection provisions enacted in security industry Act, so that the improvement plan for the personal protection provisions that are apposite to the cases in this country could be suggested in order to amend the current laws and provide real grounds for the law enforcement.

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A Study on Relationship Between Violation of Environmental Regulations and Firm's Characteristics (기업특성과 환경규제 위반의 관계 연구)

  • Kim, In-Su
    • Management & Information Systems Review
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    • v.31 no.4
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    • pp.33-56
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    • 2012
  • The purposes of this paper are analysed the relationship between environmental regulation and financial performance in Korea. The financial performance of listed companies and Outside Auditing firms was evaluated by logistic regression. First, R&D investment is proportionally correlated with the ability to comply with environmental regulations. It can be explained increase of investment in R&D causes enhancement of compliance of environmental regulations with development of environmental technology. Second, statistical significance is not observed between financial aspects such as current ratio, debt-to-equity ratio, cash flow, and operating profit margin and the ability to comply with environmental regulations. It indicates high financial performance could not directly lead investment for the ability of that. Third, in terms of structural aspects, firm size and employees have a reliable correlation with compliance with environmental regulations due to high attention of larger firms for PR, and IR, while capital intensity and gravity, and exports do not. Finally, violation of environmental regulations is not affect by the controlling shareholder ownership.

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A Study on Characteristics of Green Companies and Environment Rule Violation Companies (ISO14001인증 녹색기업과 환경위반 기업의 특성 연구)

  • Kim, In-Su;Chung, Bhum-Suk
    • Management & Information Systems Review
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    • v.32 no.5
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    • pp.157-174
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    • 2013
  • In this research I investigate different firm characteristics between environment-friendly companies which are awarded by the Government and companies which violate environmental regulations. I set up three hypotheses in terms of managers' environmental attitude and firms' characteristic in technical, financial and structural aspects, considering environmental experts' opinions and findings of previous papers. Main research findings are as follows. First, both acquisition of the ISO 14001 certificate and ownership structure are used as proxy of top management attitude towards environmental decision-making. It is hypothesized that it is found that the certificates of ISO 14001 is a good proxy to represent top management environmental attitude and a firm with the certificate would have less likelihood of violation. Second, it is hypothesized that technical ability affects violation tendency of environmental regulations. It is found that as R&D investment increases, violation likelihood of environmetal regulations decrease. It can be conjectured that R&D investment may improve technical abilities of observing environment regulations. Third, it is investigated whether a firm's financial capability affects violation tendency of environmental regulations. Fourth structural aspects of a firm such as capital intensity, the number of employees and export ratio are investigated. It is found that a firm with more employees per sale amount tends to violate environmental regulations. It is not found any effects of expert ratio nor capital intensity on violation tendency of environmental regulation.

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Overcoming Ethical Conflicts and Dilemmas in Farm Animal Welfare: Investigation of Correlation between Ethical Awareness Level and Compliance with Animal Welfare-Related Regulations in Korean Layer Farms (축산농장 동물복지의 윤리적 갈등과 딜레마 극복: 국내 산란계 농장에서의 윤리의식 수준에 따른 동물복지 관련법규 준수여부 상관관계 조사)

  • Bonn Lee;Taesik Kim;Soo-Won Choi
    • Korean Journal of Poultry Science
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    • v.50 no.2
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    • pp.81-90
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    • 2023
  • Animal welfare was introduced relatively late to Korea in comparison with Western countries. Nonetheless, the Korean government has continuously improved animal welfare-friendly regulations as policy instruments. Given the current situation, it is predicted that spontaneous settlement of the animal welfare policies will be difficult and may cause conflict in the farm animal industry. To identify and categorize conflicts caused by animal-welfare-related policies in the last five years, we investigated the awareness of animal welfare among Korean hen farms and the level of compliance with the animal welfare regulations. We collected a sample of 53 egg-laying chicken farm operators (e.g., owners or head managers) was collected through the on-site survey (90% confidence level (Z-score: 1.65) and 10.18% tolerance, based on a number of 797 egg-laying farms in 2020). Ethical conflicts on the farms were categorized into three different types according to the hen farm's ethical awareness level: passive, moderate, and active. Additionally, we investigated the correlation between compliance with regulations and ethical consideration. This study confirmed that compliance with animal welfare-related regulations significantly correlated to the level of ethical consideration of farm operators. Interestingly, we also observed that farm operators did not comply with the regulation despite their high level of awareness of animal welfare. This conflict implies contradiction and unresolved ethical dilemmas. Therefore, this study argues that the policies cause conflict in the field despite the certain level of effectiveness on animal welfare regulations.

Review of Problems with Use of Halogenated Cleaning Solvents Revealed through Case Studies of Cleaning Solvent Poisoning and Analysis of Domestic and Overseas Regulations (세척제 용매 중독 사례와 국내·외 규제 검토를 통한 할로겐화 용매 세척제 사용의 문제점 고찰)

  • Naroo Lee;Hye Jin Lee;Sujin Jeong;Dohee Lee;Arom Shin
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.517-527
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    • 2023
  • Objectives: We examine cases of chemical poisoning that occurred in the cleaning of metal parts and the regulations on halogenated solvents in other countries and propose regulations necessary to prevent chemical poisoning from halogenated solvents. Methods: We collected cases of chemical poisoning through the website of the Korea Occupational Safety and Health Agency. A review of the literature was conducted focusing on regulations related to halogenated solvents in the United States and the European Union, particularly for cleaning metal parts. Among the Material Safety Data Sheets submitted to the government, MSDS containing eleven substances were extracted to confirm the composition and product use. We investigated cleaning methods for metal parts used in South Korea. For the hazard classification, the European Chemicals Agency or Japan's NITE's website was used. Results: In the case of poisoning, the cleaning methods involving trichloromethane were dipping and dry, which was not found in the literature. It was confirmed that many halogenated solvents and dimethyl carbonate were used for metal cleaning in South Korea. In vapor degreasing using TCE in the USA, even if the facility is strictly managed, such as by installing cooling coils in open cleaning facilities, the risk of exposure to TCE is considered to be not only carcinogenic but also a concern for acute and chronic effects. In comparison, exposure through Korean work methods such as dipping and drying operations is inevitably much higher. Conclusions: The transition to water-based cleaning with low-hazard chemicals should be a priority in the cleaning process. In the case of metal parts that require precise cleaning, if the use of a halogenated solvent is inevitable, a closed degreasing facility should be used to minimize exposure. The current regulations in the Occupational Safety and Health Act, the Chemical Substances Control Act, and the Air Environment Conservation Act do not require cleaning facilities to minimize emissions. To protect the health of workers using halogenated solvents to clean metal parts, regulations that require a fundamental reduction in exposure will be necessary.