• Title/Summary/Keyword: ADMINISTRATIVE NOTICE

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A Research on Efficient Legislation of the Enforcement Regulation of Management Law of Vehicles focused on Notice Procedure of Specification (국내 자동차관리법 시행규칙상 제원통보 규정의 효율성 제고를 위한 정비방안 연구)

  • Yu, Minsang;Kim, Jaebu;Pyun, Moosong;Ahn, Jounghak
    • Journal of Auto-vehicle Safety Association
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    • v.12 no.1
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    • pp.46-51
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    • 2020
  • Korea is the only country in the world where the regulation of vehicle homologation has been changed from "Type Approval" to "Self-Certification". But there are some regulations that have not been fully changed, so they became double-regulations. In this research, we find out double-regulations in Self-Certification systems focused on "Specification Notice Procedure", and suggest a proposal of amendment to avoid duplication. Through the research, we can reduce unnecessary requirements about homologation, management of vehicle and administrative procedure significantly.

Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

A Study on Computed Management of Graduated Student of Radiotechnology (방사선과 졸업생의 전산화 관리에 관한 연구)

  • Oh, Hyun-Joo
    • Journal of radiological science and technology
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    • v.15 no.2
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    • pp.75-81
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    • 1992
  • Recently, computed management is used to obtain a high degree of efficiency at the various fields. In this paper, we obtain as follow ; 1. We are notice synthetically, to be clear at a glance, the present status of graduated radiotechnologic students, employment, acquisition license, locality and hospital distribution and changed job. 2. We can do economy of time, sending of official document, alumni bulletin, many kinds of guide note. post matter, administrative affairs. 3. We are reduced human and economical loss, due to lessen of administrative numbers. 4. We can be usefully guide whole life education, future, and job of the university graduate.

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An Empirical Study on the Relationship between the Key Success Factors and the Usage Effect of the e-Sports Business (e스포츠 비즈니스의 주요 성공요인과 이용효과와의 관계에 관한 실증연구)

  • Lee, Kyung-Jin;Kim, Chang-Su
    • The Journal of Information Systems
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    • v.20 no.2
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    • pp.109-134
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    • 2011
  • The purpose of this paper is to present an overview of the characteristics of the e-sports business at a crucial point in the era of information and knowledge. That is, an investigation was conducted surrounding the key success factors of e-sports as a newly growing industry, and the relationship between the key success factors and the usage effect. In order to do this, the key success factors were extracted from interviews with e-sports experts in conjunction with a survey that was conducted to gather empirical data. The key points of the statistical analysis of the survey are as follows. First, the success factors of a policy do not have a significant effect on the usage. Second, some administrative success factors of the e-sports business include the distribution of e-sports in the form of franchise chain, the establishment of policies to prevent the excellent members of e-sports from seceding, making a good impression as a high-class sport, the frequent notice of the break-even point, and educating people on how to use the e-sports machine. Third, the development and distribution of excellent e-sports software was analyzed as a technical success factor of the e-sports business. Finally, there is no doubt that results of this study can be used to facilitate the growth of the e-sports business as a new industry related to the IT industry.

An Analysis of Public Noticed Land Prices Using GIS (GIS를 이용한 공시지가 분석)

  • Kang, In-Joon;Song, Seok-Jin;Kang, Ho-Yun
    • Journal of Korean Society for Geospatial Information Science
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    • v.17 no.4
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    • pp.121-125
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    • 2009
  • The Public Noticed Land Price system was developed in order to establish a practical and consistent land price information system, where land prices are appraised and publicly noticed according to the Law Governing the Public Notice of Real Estate Prices and Appraisals.The appraisal process for evaluating and appraising the public noticed land price in conducted in phases, where the nation's land is divided into human and spatial portions according to administrative districts. Depending on the subjective judgement of the appraiser, it is therefore possible for discrepancies to occur in land prices for lots near the boundaries of administrative districts. There is the computerized support system to maintain the public noticed land prices balance between the boundaries of cities, counties, and districts (the units in which evaluation and appraisal are conducted to determine public noticed land prices). But, due to that system is divided into attribute and spatial data information, it is possible for discrepancies to occur in land prices for lots near the boundaries of administrative districts. The purpose of this study to suggest the reasonable methods on discrepancies in public noticed land prices through spatial analysis using GIS.

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A Study on the Securing Technological Safety of Mobile Electronic Notification Service in Public and Administrative Agencies (공공·행정기관 모바일전자고지서비스의 기술적인 안전성 확보 방안에 대한 연구)

  • Kim, Jong-Bae
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.20 no.4
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    • pp.7-16
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    • 2020
  • The mobile electronic notification service delivers notifications through mobile phone text or app-based message push to solve various problems of the paper-based mail service. And it is a service that an electronic document relay company proves to prove delivery. In order for public and administrative agencies to provide mobile electronic notification service, the user's identification information of the mobile phone number or the subscribed app is required. To overcome these limitations, ICT-regulated sandbox system was used to allow collective conversion of users' resident registration numbers into connecting information (CI). Therefore, in this paper, we propose a technical method for safe management of user CI in mobile electronic notice service, identity verification of electronic notice readers, and prevention of forgery and forgery of electronic notices. Through the proposed method, it is confirmed that the service can be activated by minimizing the adverse function of the mobile electronic notification service by securing the user's convenience and technical safety for the CI.

Legal Aspects on the Procedures and Settlement of the Disputes arising from the WTO Preshipment Inspection (WTO 선적전검사제도에 따른 실태와 분쟁조정의 해결에 관한 고찰)

  • Seo, Jeong-Il
    • Journal of Arbitration Studies
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    • v.8 no.1
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    • pp.293-322
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    • 1998
  • General Administrative Procedures of the Preshipment Inspection 1. Initial notification Preshipment Inspection is initiated by Agency when it receives notice either from the importing country, or the seller, that an export needs to be imspected 1.1 Notice from the importing country 1.2 Notice from the seller 2. Preliminary price verification After receipt of initial notification, Agency undertakes, Where possible, a preliminary price verification, based upon the Inspection Order and other contractual documents received. 3. Customs classification When required by the Government of the importing country. Agency forms an opinion of the Customs Classification Code based upon the Customs Tariff Book and Rules of Classification of the country of importation. The Customs Classification Code determines the tariff rate on the basis of which the importer will be required to pay import duties. 4. Import eligibility 5. Arrangements for physical inspection 5.1 Inspection request from seller 5.2 Place of inspection 5.3 Date of inspection 5.4 Physical inspection procedures 6. Physical inspection results When the physical inspection is completed, the inspector submits his report to the Agency office and the result of inspection will be communicated to the seller and, where applicable, the place of inspection. The result will state: satisfactory or conditional of unsatisfactory. The seller is welcome to present his views in writting to Agency in the event there is any query regarding the issuance of a conditional of unsatisfactory inspection result. 6.1 Satisfactory 6.2 Conditional 6.3 Unsatisfactory 7. Shipment of the goods The seller is advised to check with Agency prior to shipment if the physical inspection result has not been received or there are any doubts concerning whether a Clean Report of Findings will be issued. 8. Final price verification and classification Based on the results of physical inspection and appropriate final documents, Agency finalises the price verification and the Agency opinion of Customs classification code. When the preliminary price verification has not resulted in any unresolved questions and the inspection result and other documents received are consistent with the preliminary documentation, Agency will not normally require any additional information. The main exception would be if the terms of sale require reference to prices at the date of shipment. 9. The Report of Findings 9.1 Types of Reports of Findings - Clean Reports of Findings(CRF) The Agency will issue a Clean Reports of Findings(CRF), or equivalent document, normally within two working days after receipt of the necessary correct final documents and a satisfactory result in all aspects of the inspection. - Discrepancy Report.

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A Study on the Legal system to solve the problems of Fisheries Laws (수산법제의 문제점과 개선방안 연구)

  • Lee, Woo-Do;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.46 no.3
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    • pp.163-176
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    • 2015
  • Nowadays, Under the current system of fisheries laws, fishery division and marine division are unified into one marine-fishery related law system indiscriminately. So they are not divided by nature. Moreover, terminology of fishery Law has been used by now in inappropriate conditions from Japanese 1951 fishery law systemct. Because fisheries administrative reorganization is also in parallel with the same logic as above, the reorganization of the legal system should be made. Finally, when the above mentioned problems is clearly defined and improvement is actually performed, more efficient management will be achieved through the beneficiary of more simple legal services. And so fisheries managers will be able to contribute to the development of the industries through more efficient management. While the existing framework of laws and regulations currently being enacted or established should be kept as much as possible, in order to ensure better control of fisheries resources and ensure sustainable development of related industries. Under various existing laws including the Fisheries Act, the Enforcement Regulations/enforcement rules, notice, instruction, established rule, the recognition of problems and improvements on the overall delegate legislative framework will be needed.

Critical Essay on the Notice of the Price Adjustment of Generic Drugs (제네릭 의약품 약가 조정 고시에 대한 비판적 고찰)

  • Park, Jeong Yeon
    • The Korean Society of Law and Medicine
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    • v.22 no.1
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    • pp.91-124
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    • 2021
  • In May 2019, the Ministry of Food and Drug Safety revised the "Pharmaceutical Determination and Adjustment Criteria" with the content of differentially calculating the price of generic drugs according to the registration of the drug substance and meeting the requirements for their own bioequivalence test. According to this revised rule, if their own bioequivalence test is not conducted, even the generic drugs that have already been approved would be lowered in price. I wondered whether this system was introduced with sufficient public legal considerations regarding its legislative purposes and means. Therefore, I reviewed the contents of the revised notice based on whether or not it is valid to determine and adjust the price of generic drugs in terms of the legitimacy of legislative purposes and the proportionality principle after introducing the history and background of the rule. First, I raised a question as to whether the purpose of preventing the overrun of generic drugs is indeed legitimate in terms of the legitimacy of the purpose. In order for the revised notice of "reduction of drug prices when the test requirements are not met," to meet the conformity principle, the premise that it is difficult to recognize safety and effectiveness through consignment (joint) bioequivalence test or that these tests are insufficient in safety and efficacy verification than their own test must be established. Nevertheless, it seems that suffficient review has not been carried out. In order to achieve the purpose of securing safety and effectiveness, the focus should be on 'reinforcement of the standards for bioequivalence test and the management of the bioequivalence test itself' rather than whether it is a their own test or a consignment (joint) test. Third, it is contrary to the necessity and substantiality principle that strict standards are uniformly applied to the products that can be considered to have been sufficiently verified for safety and effectiveness after a considerable period of time has passed after the product approval. In many cases, revised administrative legislations quickly enacted and amended in the state of lack of legal review or consensus, while the regulatory effects resulting from it are quite direct and specific to the regulated person. In this respect, I emphasized that the administrative legislative process also requires substantial review and prior control of the regulatory purposes and means, and that the participation of stakeholders in the legislative procedure is to be strengthened.

The Analysis on Causes of Areas with Public Appeals to the Ecosystem and Nature Map (생태·자연도 이의신청지역의 원인 분석)

  • Jung, Tae-Jun;Song, Il-Bae;Lee, Ji-Seon;Lee, Sung-Je;Cho, Kwang-Jin;Song, Kyo-Hong;Kim, Ki-Dong;Cha, Jin-Yeol;Cho, Jang-Sam;Leem, Hyosun;Joung, Hae-Joung
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.20 no.1
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    • pp.25-34
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    • 2017
  • The objective of this study is to seek for improvement measures to make the Ecosystem and Nature Map by analyzing causes for grade changes and distributional characteristics of areas with public objections to the Ecosystem and Nature Map notified by e-official gazette from 2014 to June 2016. The receipt of public appeals has been recently increased from average 23 cases a year(2007-2013) to average 33 cases a year(2014-June 2016) while there were 42 areas with public appeals for less than the minimum area($62,500m^2$) for the evaluation of grade of the Ecosystem and Nature Map. Most of the public appeals focused on the 1st grade zone of the Ecosystem and Nature Map. Before grade changes by public appeals, the 1st grade zone of the Ecosystem and Nature Map were 76.0% of the whole areas with public appeals. However, after grade changes by public appeals, it was rapidly decreased to 25.2%, which means that a lot of the 1st grade zone with public appeals were lowered. In the results of analyzing the distributional characteristics of areas with public appeals, they were mostly distributed in lowland(less than 250m altitude), section with $10{\sim}20^{\circ}$ slope, and areas close to or within 100m from built-up area. Regarding areas with public appeals, the biggest time difference between the period of the existing research by National Ecosystem Survey and the period of notice after completing the treatment of public appeals was 18 years while areas showing 6-15 years of time difference were about 70%. Thus, there were huge differences in time of research and notice. Also, the biggest causes for grade changes were boundary errors caused by small-scale survey, and then followed by changes in evaluation of endangered species and occurrence of built-up area and damaged land. Analyzing areas with public appeals in each evaluation item of the Ecosystem and Nature Map, vegetation part was 73.0%, and endangered species area was 23.1% while topography and wetland was less.