• Title/Summary/Keyword: statutes

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A Study on the Architectural Development of Four-Guardian-Statutes Building-Gate in 17th Century (17세기 사천왕상 천왕문(天王門)의 건축형식 전개(展開)에 관한 연구)

  • Ryoo, Seong-Lyong
    • Journal of architectural history
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    • v.21 no.5
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    • pp.69-82
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    • 2012
  • This study is basically about four-guardian-statutes-building-gate in 17th Century. In the field of art-history, there are four-guardian-statutes made of clay in order that the statutes are so gigantic and grotesque enough to threaten all the devils. This purpose of this study is to make sure that the similar variation occurred at the four-guardian-statutes-building-gate in 17th century. The results of this study are as follows. First, only Da-Po style four-guardian-statutes-building-gates were built in famous four temples separately from 1612 until the Manchu war of 1636. And there are gigantic four-guardian-statutes made of clay in the building. Second, there are Chul-mok Ik-gong style buildings were built in 1660s at Bo-Rim-Sa and Neung-Ga-Sa. The buildings including four-guardian-statutes-building-gate of Song-gwang-sa built in 1636 probably are all similar to earlier Da-Po style four-guardian-statutes-building-gates in the viewpoint of structural type and size of building. Third, it began to build Ik-gong style four-guardian-statutes-building-gates in 1676 at Su-ta-sa.

A Study on the Standards for Regulating Obscenity on the Internet (인터넷상 음란물 규제의 법률적 기준에 관한 소고)

  • Jin, Kwangmyoung
    • Convergence Security Journal
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    • v.14 no.3_2
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    • pp.51-59
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    • 2014
  • Korea also has tried to regulate the obscenity which is floating on the Internet in order to protect mainly minors. There are many statutes enacted to prohibit circulating pornographies to minors. However, there were minors who independently disseminate the pornographies to other minors. In the end, I can tell that existing statutes have not at least effectively regulate the obscenity on the Internet. Therefore, this article examines a possible limit of pornography on the Internet for the protection of minors, reviewing the CDA and the U.S. Courts' decisions. This article also examines the existing statutes' standard for regulating obscenity on the Internet in Korea. In addition, the article also tries to make a proposal to Korean legal systems that govern the obscenity on the internet.

Legal Review of the Writing Requirements on Arbitration Agreement: The U.S. Statutes and Cases (미국법상 중재합의의 서면요건에 관한 고찰)

  • Ha, Choong Lyong
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.19-36
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    • 2017
  • This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

A Study on the Corporate Social Responsibility (기업(企業)의 사회적(社會的) 책임(責任)에 관한 고찰(考察))

  • Jung Koae-Young
    • Management & Information Systems Review
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    • v.7
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    • pp.293-315
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    • 2001
  • In America, there has been increased empasis on corporates social responsbility in connect with corporate governance. Modern statutes have been enacted expressly empowering corporations to make donations for the public welfare or for charitable, scientiffic, or educational purposes. the Securities and Exchange Commission in the 1970's stressed improvement in corporate accountability by changing the traditional corporate governance, with emphasis on independent directors, and disintrested overview. The Korean Commerce Code and the Securities Exchange Law have introduced the independent outside-director and the audit committee. This outside-directors and the audit committee should supervise the corporate management by the managing directors to make donations for the public welfare or for charitable, scientiffic, or educational purposes. Korean statutes include many problems that would lose effect of corporates social responsbility in management. In order to become effective the corporates social responsbility, it should be established newly a provision of corporates social responsbility. And the outside-directors should be independent of and supervise the managing directors, and make donations for the public welfare. And the shareholders' supervisement rights on the managment should be strengthen.

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A Review on the Direction of the Framework Act on Resource Circulation for Establishing a Resource Circulation Society (자원순환사회 형성을 위한 "자원순환기본법"이 나아가야 할 방향)

  • Lee, Il-Seuk;Kang, Hong-Yoon
    • Resources Recycling
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    • v.25 no.6
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    • pp.82-91
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    • 2016
  • The framework act on resource circulation was got through the Korea National Assembly in May, 2016. It is the most important to analyze and understand its purpose, main contents, and policy direction of the framework act because this act will lead the resource circulation policy. Korea government is going to enact subordinate statutes such as its enforcement decree and regulation to enforce the act in January, 2018. No later than enforcement of the act, its subordinate statutes should be studied indepth and consulted without any bias in order to satisfy the intent - promotion of transition toward a resource circulation society - of the act. Therefore, in this study, the points in dispute in the act are indicated and the issues and specific directions of key articles are reviewed. The ideas to maximize the effectiveness of its subordinate statutes are also suggested.

Future Tasks of the Law Forcing CCTV Installation in Operating Rooms (수술실 내 CCTV 설치 의무화 법안의 향후 과제)

  • Lim, Ji Yeun;Kim, Kye Hyun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.185-210
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    • 2021
  • On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

Development of Chinese Maritime Related Laws and Status and Interpretation in Legislation System (중국 해양관련 법령의 발전과 입법체계에서의 지위 및 해석)

  • Yang, Hee-Cheol;Lee, Moon-Suk;Park, Seong-Wook;Kang, Ryang
    • Ocean and Polar Research
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    • v.30 no.4
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    • pp.427-444
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    • 2008
  • The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

The analysis of the foreign laws related to landscape architecture and a study on the reasonable application to the expected organic law for landscape architecture in Korea (외국의 조경관련 법제도의 비교분석과 한국에서의 조경기본법 제정을 위한 합리적 적용에 관한 연구)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.25 no.3
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    • pp.66-88
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    • 1997
  • There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

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A Study on Content Analysis of the Reading Promotion of Ordinance in Local Governments (자치단체의 독서진흥조례 내용분석)

  • Hong, Eun-Sung;Chang, Woo-Kwon
    • Journal of the Korean Society for information Management
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    • v.32 no.4
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    • pp.107-135
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    • 2015
  • The purpose of this study is to investigate and analyze present condition of enactment and enforcement of regulation for reading culture promotion which is a local statute of the autonomous community of Korea to suggest effective improvement methods for operation of ordinance and regulation. In this research, literature review and regulation analysis were conducted and investigated. The results of this study are as follows. 1) There were 77 ordinances of reading related local statutes of 245 metropolitan and primary local authority and 7 regulations. 2) Ordinances and ordinance regulation of the local government and local government of education are being named variously. 3) Composition of ordinances ordinance regulation were not systematic due to diverse contents of ordinance by local government according to the names of ordinance, and they overlapped with similar contents in general. 4) There were 10 ordinances and 2 official orders for the abolished reading related local statutes of the local government until today. This study suggested the following methods to vitalize the reading culture promotion policy. 1) It would be necessary to improve awareness by promoting the reading promotion policy. 2) Optimal name for local statute and ordinance that considered the environment of reading promotion of local statue need to be assigned, and contents of the ordinance regulation related to reading needs to be consistent. 3) Local statutes need to be established by collecting enough opinions of residents or specialists after thoroughly examining problems of the ordinance before abolition.

A Review on the Domestic and Foreign Lawa Connected with the Environmental Comservation and Ecology from Sandscape Architectural Point (조경적 측면에서의 환경보전 및 생태학 관련 국내, 외 법규에 관한 고찰)

  • 신익순;김용수
    • Korean Journal of Environment and Ecology
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    • v.11 no.1
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    • pp.18-36
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    • 1997
  • This study was conducted to analyze the text relating to the environmental conservation and ecology among the text of the constitution of Korea and collect the domestic laws(40 statutes, 1 guide, 1 leading case) and the foreign laws(1 constitution, 34 statutes, 2 ordinances, 3 leading cases). To make the text of the collected domestic and foreign laws a comparative analysis of the conceptual principle, plan establishment and project operation, types, policy and allied projects, rights and duties, allowed and restricted acts, environmental impact assessment and administration procedure and system of the environmental conservation and ecology by items, it was considered to the mutual relation with lots of laws which are scattered with the various laws and studied to how to set the many foreign countries on their laws connected with the environmental conservation and ecology from the other department and carry out the advanced environmental works.

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