• Title/Summary/Keyword: Administrative Legislation

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A Study on Problems and Improvement Measures of Occupational Safety and Health Law Policies in Korea: Focused on Administrative Rules and Guidelines (산업안전보건법정책의 문제점과 개선방안 - 행정규칙과 행정지침을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.28 no.1
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    • pp.18-34
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    • 2018
  • Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

Rethinking the Administrative Legislation : Focusing on the Sinking of Sewol (행정입법에 대한 재고 : 세월호 사고를 중심으로)

  • Song, Ji Hoon;Choi, Jeong Min
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.83-92
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    • 2015
  • This study identifies problems of the administrative legislation (or the delegated legislation) by analyzing articles of laws, orders, and ordinances regarding the sinking of Sewol. According to the result, both of Rescue and Aid at Sea and in the River Act and Marine Transportation Act require to be complemented by additional administration legislations. Therefore bureaucrats enacted defective orders and ordinances, which became an institutional background of the sinking of Sewol. In other words, excessive administrative legislations enabled the Marine Rescue and Savage Association to exert exclusive authorities and caused insufficiencies of supervision over the Association and management for safe navigations. They resulted in corrupt relationships between bureaucrats and businesses and eventually brought citizens' lifes in mortal danger. Consequently, specialty of congressmen should be improved to avoid these excessive administration legislations. At the same time, autonomous control of the administration itself should get enhanced to regulate them. The theoretical implication of this study is that problems of the administrative legislation and necessity of the control by the National Assembly, which have been discussed abstractly and normatively, are clarified empirically, and the practical implication is that the institutional background of the sinking of Sewol is clarified and solutions to improve the institutions are proposed.

On the Library Administrative Systems and Legislations in Russia (러시아의 도서관 행정.법제에 관한 고찰)

  • Yoon Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.35 no.3
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    • pp.23-40
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    • 2004
  • The purpose of this paper is to overview the administrative system and legislation of Russia's libraries with priority given to public library. After the breakup of the Soviet Union in 1991, Russia began to set up a new political, legal, and economic system. Russia has about 51,000 public libraries. Most towns and large villages have a public library As a rule, public libraries are unified in centralized systems coincident in their location with administrative regions. The great majority of public libraries are part of a network subordinated to the Ministry of Culture of the Russian Federation. Library legislation is an important guarantee of the success of library service. Two definitive federal laws were enacted in 1994, Library Law and Legal Deposit Copy Law. In 2001, the Russian Library Association adopted the Model Standard for Public Library. It has a recommendatory character and it is addressed to both librarians and local authorities.

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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.

Analysis of the Library Administrative Systems and Legislations in Canada (캐나다의 도서관 행정 및 법제 분석)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.2
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    • pp.75-94
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    • 2004
  • The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.

A Study on the Improvement of Legislation System for Activation of e-AIS(Internet Architectural Administration Information System) (법.제도 개선 측면에서의 e-AIS(인터넷 건축행정시스템)의 활성화 방안 연구)

  • Choi, Jung-Sik;Kim, In-Han
    • Korean Journal of Computational Design and Engineering
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    • v.14 no.1
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    • pp.25-32
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    • 2009
  • Ministry of Land, Transport and Maritime Affairs(MLTM) has developed an administration system for architectural information management for completing the electronic application organization of the Architectural administrative information. The main purpose of this study is to suggest legislation system improvement for activation of e-AIS(internet Architectural administration Information System). To achieve this purpose, the authors have investigated the problems of current legislation and soliciting forms for civil affairs applicable to the e-AIS. To handle the current problems of the e-AIS legislation system, legislation and various soliciting forms for civil affairs such as building permission, usage approval, temporary building report are refined. In addition, the authors have suggested possible solutions of current legislation and soliciting forms for civil affairs problems by testing various types of building permission service examples.

Interlinking Open Government Data in Korea using Administrative District Knowledge Graph

  • Kim, Haklae
    • Journal of Information Science Theory and Practice
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    • v.6 no.1
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    • pp.18-30
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    • 2018
  • Interest in open data is continuing to grow around the world. In particular, open government data are considered an important element in securing government transparency and creating new industrial values. The South Korean government has enacted legislation on opening public data and provided diversified policy and technical support. However, there are also limitations to effectively utilizing open data in various areas. This paper introduces an administrative district knowledge model to improve the sharing and utilization of open government data, where the data are semantically linked to generate a knowledge graph that connects various data based on administrative districts. The administrative district knowledge model semantically models the legal definition of administrative districts in South Korea, and the administrative district knowledge graph is linked to data that can serve as an administrative basis, such as addresses and postal codes, for potential use in hospitals, schools, and traffic control.

A Study of the Administrative Tribunal Cases about Violation of Law of Housing Projects (주거건축과 관련된 건축위법행위 행정심판판례 연구)

  • 김진욱;성기용
    • Journal of the Korean housing association
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    • v.14 no.6
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    • pp.33-40
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    • 2003
  • The purpose of this study was to analyze the architect's Administrative Tribunal cases related to housing projects. We collected the 271 decisions of Administrative Tribunal cases from 1985 to 2001 through the Ministry of Legislation data base. As a conclusion of research, most of cases are caused during design process and supervision of construction which are major roles of architects. We can find out that the number of cases of Administrative Tribunal about housing is 10% more than other types of building. And this situation is more serious in supervision building phase. It proves that housing project has more possibility of violation of law than other types. Because it belong to an economic problems. In Korea, clients of housing project tend to take more profits by taking an illegal acts; like enlargement of a building, construction border violation. illegal construction balcony and so on. And architect who roles to be a supervisor is liable to these problems but he has not much authority and economical benefits. Through this research we can analyze this situation and make know what is problem.

Analysis of the Library Administrative Systems and Legislations in China and Taiwan (중국(대만)의 도서관 행정체계 및 법제 분석)

  • Yoon, Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.35 no.4
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    • pp.149-169
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    • 2004
  • The purpose of this paper is to analyze the administrative system and legislation of China and Taiwan's libraries with priority given to public library. The China is a republic in that the government has some democratic forms, especially at the local level, but it is controlled by the Communist Party of China In China the ministry of culture(ministry of education in Taiwan) is the national central body responsible for public libraries. Today in China there are about 2,698 public libraries in total and its governance is a provincial responsibility. For that reason, there does not exist a nation-wide public library act in China.

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Features of Administrative Liability for Offenses in the Informational Sphere

  • Iasechko, Svitlana;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Mota, Andrii;Demchyk, Nadiia;Berizko, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.51-54
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    • 2021
  • The article is devoted to the study of the features of administrative liability for offenses in the informational sphere, the definition of the concept and features. Based on the examples of implementation of instruments of European legislation into the national legal system and examples of national legal practice, the authors have identified the features of informational and legal sanctions aimed at restricting the rights of access of subjects to information, prohibiting them to disseminate certain information, restricting the rights to disseminate certain information, and suspending informational activities. It has been substantiated that the administrative liability for informational offenses as a protective legal institution is created to contribute to the solution of such acute problems of legal support of human and society interests in the new informational dimensions.