• Title/Summary/Keyword: 법률 규제

Search Result 310, Processing Time 0.031 seconds

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
    • /
    • v.21 no.2
    • /
    • pp.78-84
    • /
    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

Increase of Labor Dispatching in China as a Combined Effect of the Global Financial Crisis and the 'Labor Contract Act' (세계경제위기와 '노동계약법'의 결합효과로서 중국 파견노동의 증가)

  • Baek, Seung-Wook
    • Korean Journal of Labor Studies
    • /
    • v.19 no.1
    • /
    • pp.177-211
    • /
    • 2013
  • The Chinese dual structure of employment('Shuangguizhi') has been retained through the Economic Reforms, and has been supported and reproduced by the system of division between rural and urban household registration. In the 2000s, efforts of the government to abolish the division appeared to be effective with the introduction of the 'Labor Contract Act'. However, the eclecticism of the Act and the outbreak of the global financial crisis in 2008 gave new momentum to the revival of the Chinese dual structure of employment by increasing the scale of labor dispatching. Labor dispatching in China has become a regular form of employment rather than an exceptional one. Labor dispatching reveals its Chinese characteristics against the particular background formed during the periods of state-owned-enterprise restructuring around 2000. The combined effects of the 'Labor Contract Act' and the global financial crisis brought about the effect of increase rather than control of labor dispatching, and gave a signal to enterprises to use various forms of labor dispatching including 'reverse directional labor dispatching' to lessen burdens and costs caused by the Act and the crisis. As labor dispatching strengthens or displaces the existing dual structure of employment, social groups which need more social protection tend to be much more excluded from the protection of the government and the society.

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.13 no.6
    • /
    • pp.17-32
    • /
    • 2003
  • The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

A Study on How Governance of Genetic Scissors CRISPR-Cas9 for Research on Embryos Can Encourage a Researcher to Have a Sense of Responsibility - Focus on the Bioethics and Safety Act Article 47 - (유전자가위 CRISPR-Cas9을 이용한 인간 배아 연구에 있어서 연구자의 책임의식 고양을 위한 거버넌스 -개정 생명윤리 및 안전에 관한 법률 제47조를 중심으로-)

  • Kim, Minsung
    • The Korean Society of Law and Medicine
    • /
    • v.23 no.1
    • /
    • pp.121-148
    • /
    • 2022
  • CRISPR-Cas9 is one of the gene-editing technologies that infinite potential. It may provide human beings with many benefits or cause unanticipated challenges. The governance as standards setting or regulation of gene-editing technologies can contribute to keeping a balance between scientific value and ethical commitments. Guaranteeing public participation provides an additional opportunity to think about ethical and moral considerations: For whose benefit the internationally discussed governance of gene-editing technologies is directed at? There is a doubt regarding whether the governance justifies scientific researchers' gene-editing research. Suppose that governance promotes the advancement of CRISPR-Cas9, it should also encourage greater research responsibility. If not, there may be tragedies brought about by the misconduct of researchers. Thus, the essential matter on the governance for the research of CRISPR-Cas9 is the researchers' responsibility.

A Research on the Exposure Status of Cybersecurity Risk of Process Control System and Its Counterplan (공정제어시스템의 사이버보안 위험 노출 현황 및 대응방안 연구)

  • Kim, Youngse;Park, Jinhyung;Kim, Sangki;Kim, Byungjick;Lee, Joonwon;Park, Kyoshik
    • Korean Chemical Engineering Research
    • /
    • v.60 no.4
    • /
    • pp.492-498
    • /
    • 2022
  • Process control systems used in most domestic petrochemical corporates today are based on the Windows platforms. As technology leans toward opened environment, the exposure risk of control systems is increasing. However, not many companies are preparing for various cyberattacks due to lack of awareness and misunderstanding of cyber intrusion. This study investigated the extent of how much exposed the petrochemical process control system is to security threats and suggested practical measures to reduce OT cybersecurity vulnerabilities. To identify the cyber threat status of process control systems, vulnerabilities of the Windows platform, a principal cyber threat factor, have been analyzed. For research, three major DCS providers in Korea and the discontinuation of Windows platform of 635 control systems were investigated. It was confirmed that 78% of the survey subjects were still operating in the discontinued windows platforms, and those process control systems were operated in a state vulnerable to cyber intrusions. In order to actively cope with these cyber threats, legal regulations such as designation of critical infrastructure for major petrochemical facilities which is implemented in advanced countries such as the United States are needed. Additionally, it is necessary to take the initiative in eradicating security threats to the process control systems by aggressively introducing security solutions provided from existing DCS suppliers. This paper was submitted to Professor Ko JaeWook's retirement anniversary issue.

A Barrier-free Design Assessment of Sidewalks for Improving Pedestrian Infrastructure (Barrier Free 인증 모의평가를 통한 보행자도로 개선 방안에 관한 연구 - 인덕원역, 석수역 주변 왕복 6차선 도로를 중심으로)

  • Kang, Jun Mo;Lee, Gun Rock
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.29 no.1D
    • /
    • pp.101-110
    • /
    • 2009
  • Urban Designers and Planners are interested in creating barrier-free (BF) environments as the demand for social equity increases. BF design consists of design strategies for modifying buildings or facilities to be used by the physically disadvantaged or disabled. To construct buildings or facilities to be "Barrier-free", design standards specifically modified for the physically disadvantaged or disabled should be applied. The purpose of this study is to analyze the BF design standard used in the national laws and provide suggestions for their future improvements. In the study national laws in four countries were reviewed and important BF standards to be used in the laws were identified using a frequency analysis. The results of the frequency analysis were applied to the BF assessment criteria for sidewalk design. Then a field assessment for two sidewalks located in Seoul metropolitan region was conducted using the refined BF criteria. The findings from the field assessments indicated that current regulations were not appropriately designed to provide sufficient convenience for the disabled. It is needed to enhance the BF standards in the domestic regulations to offer sufficient mobility to the physically disadvantaged or disabled.

A Study on the Ways of Preparation of Disclosure Document and its Utilisation in Franchising: From a Franchisor Viewpoint (가맹사업에 있어 정보공개서의 작성 및 등록제도의 활용에 관한 연구 : 가맹본부입장에서)

  • Lee, Jae Yang;Kin, Pan Jin
    • The Korean Journal of Franchise Management
    • /
    • v.2 no.2
    • /
    • pp.1-23
    • /
    • 2011
  • The Freedom of Information System has been introduced into the society based on the Fair Trade Transactions Act, which was established by Fair Trade Commission (FTC) on May, 2002. However, the system itself has showed limitations in guaranteeing a reliability and transparency of the disclosure document. Thus, since February, 2008, FTC not only made franchisors to register disclosure documents but also adopted the Disclosure Document Registration System, which forced them to provide registered disclosure documents to franchise applicants and franchisee. Franchisors consider the newly adopted Disclosure Document Registration System a restrictive system. However, considering the recent trend of fast growing franchising industry and the importance of being competitive, franchisors need to utilize the disclosure documents to promote their business and to gain trusts from franchise applicants by providing truthful information. In that way, franchisors will be able to establish a foundation that franchising industry might be successful and reduce the agency fee by cutting out conflicts with franchisees. Thus, this study aims to study the ways of effective preparation of disclosure document and its utilization from a franchisor viewpoint.

A Study for New Equity Compensation Alternative for Startups and Venture to Solid Staffing and Team Building in Korea: Focusing on Restricted Stock Units (스타트업과 벤처기업의 우수인력유치 위한 주식연계형 보상방안연구: 양도제한조건부주식(RSU) 도입 중심으로)

  • Hwangbo, Yun;Yang, Youngseok
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.18 no.6
    • /
    • pp.1-10
    • /
    • 2023
  • Strong Critics of' Moral Hazard, due to plummeting severely their stock price down and damage falling on plain investor, has been skyrocketed against massively and simultaneously exercising stock option right of C-Level members in Stock market listed startups right after IPO regardless of proper and legal process followed. Korean Financial Supervisory Board initiate new act of extending to apply'Lock-up Rule'even to stock option of core interest group after IPO. However, it will cause startups and venture more difficulties to recruit top level of talented staffs. This paper aims to propose RSU(Restricted Stock Unit) as alternative to breakthrough the current deadlock issue with respect to stock option controversy many startups facing. This paper to meet goal, first, including Korean introducing status of RSU, it clarify the concept of RSU by comparing exploration with Restricted Stock and define characteristic of RSU by comparing Stock Option. Second, it bring more effective ways of startups introducing RSU in Korea overcoming its limitations and challenges. Third, it carry out FGI to legal expert deeply involved of introducing RSU in Korea at policy domain. FGI focus on defining core challenging factors and their level of huddles of introducing RSU in Korea with proposing breakthrough policies to landing RSU softly in Korea. Fourth, it suggest valid policies of introducing and stabilizing RSU in Korea completely. This paper expect some contributions Korean startups and venture on finding market friendly right breakthrough out of stock option dilemma currently in.

  • PDF

Article 61bis of the Aviation Business Act and the Legal Principles for the Aviation Consumers Protection - Comparison with the U.S. "Tarmac Delay Rule" - (항공사업법 제61조의2 신설과 항공소비자 보호 법리 -미국의 "Tarmac delay rule"과 비교를 중심으로-)

  • Baek, Kyeong-Won;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.35 no.2
    • /
    • pp.169-195
    • /
    • 2020
  • With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

Controversial issues in the legal restriction for prenatal genetic testing in Korea (산전검사 대상 질환에 대한 법적 규제의 문제점에 대한 고찰)

  • Choi, Ji-Young;Jeong, Seon-Yong;Kim, Hyon-J.
    • Journal of Genetic Medicine
    • /
    • v.4 no.2
    • /
    • pp.186-189
    • /
    • 2007
  • More than 6,000 rare disorders including genetic diseases have been reported. Of them, 1,500 diseases (1,211 for clinical diagnosis and 289 for research only) are technically possible for genetic testing. In Korea, since 2005, only 63 genetic diseases is permitted for prenatal genetic testing by the "Bioethics and Biosafety Law". The article 25 in the law prescribes 63 genetic diseases without clear indication for its selection and inclusion criteria. In EU, USA, and other foreign countries, however, there is no provision in the statute on prenatal genetic testing; it is not restricted by a law. Recently, a woman (Mrs. L, 38y) who is a carrier for Menkes disease made an appeal to a government for an amendment of the "Bioethics and Biosafety Law" prohibiting the prenatal diagnosis of her pregnancy at risk for Menkes disease. Menkes disease (MNK) is an X-linked recessive disorder characterized by neurodegeneration, connective tissue defects and hair abnormalities, and no effective treatment is available yet. The prevalence rate of MNK is one in about 250,000 live births. Menkes syndrome patients fail to absorb copper from the gastrointestinal tract in quantities adequate for meeting nutritional needs. These needs seem particularly acute during the initial 12 month of life, when the velocity of brain growth and motor neurodevelopment. Most of pts. die around 3yrs. of age. Mrs. L had a boy with Menkes disease who died at 2y.o. in 2001. Subsequent pregnancy in 2003, she was able to have prenatal genetic testing for mutation of the Menkes (ATP7A) gene and delivered a healthy baby boy. Now, She is pregnant again and wants to have prenatal diagnosis. however, this time, she was not allowed to have any more because Menkes disease is not included in 63 genetic diseases permitted by the law for prenatal genetic testing, in spite of the fact that she is a Menkes disease carrier and her pregnancy is at risk to have an affected baby. This case shows the practical problem of the legal restriction for prenatal genetic testing in Korea. In this study, we report a arguable case and discuss the controversial issues in the legal restriction for prenatal genetic testing in Korea.

  • PDF