• Title/Summary/Keyword: Administrative Legislation

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Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

The Awareness on Medical Insurance on the Caregivers Cost for Hospital Administrative Personnel (병원행정직원의 간병비 급여화에 대한 인식)

  • Hwang, Byung-Deog;Choi, Ryoung
    • Korea Journal of Hospital Management
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    • v.19 no.2
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    • pp.1-11
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    • 2014
  • The purpose of this study is to investigate awareness on medical insurance on the caregivers cost for hospital administrative staff and to provide the basic data for realization of legislation. The subjects were caregivers living in Busan, the survey was conducted from February 18 to March 9, 2013, 283 except for 17 copies of non-response and error response among a total of 300 questionnaires were analyzed. As a result, To improve the quality of care services, there were 51.8% of refresher training needs in refresher training items, 72.7% in favor of premiums increases in health insurance details, as for health insurance coverage subjects, patients' income were 32.0%, copayment for caregivers cost was 20.0%, which was 42.3%. Refresher training item, premiums increases, health insurance applied subjects, variables for copayment for care fee were related to medical insurance on the caregivers cost. On legislation on the medical insurance, systematic and standardized criteria should be provided to provide standardized curriculum for caregivers, to relieve patients and guardians of economic burden for caregivers cost and offer the stability of the cost.

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A Study on the Condominium Management Policies of Local Government in Japan (일본 지방자치단체의 분양공동주택(맨션) 관리 행정시책에 관한 연구)

  • Kim Jung-In;Kajiura Tsuneo
    • Journal of the Korean housing association
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    • v.16 no.2
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    • pp.67-74
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    • 2005
  • Condominium management ask for planning ability and special knowledge in order to solve the troubles of a condominium. But all the HOA has not ability or knowledge of condominium management, so administration support to condominium management came to be given to HOA. In this study, we divided the administration policies on condominium management as follows; (1) instruction about an advertisement and a contract (2) instruction about management (3) instruction about maintenance (4) instruction by the local government (5) legislation about condominium management. Most of the condominium management policy has been programmed by government, such as legal amendments and advises by administrative inspection. But these condominium management policies have limitations to support HOA, so it is need to correspond to local government. In advanced local governments, administrative policies were materialized by the report of a housing related council. HOA: Home Owners Association

Examining China's Internet Policies through a Bibliometric Approach

  • Li, Jiang;Xu, Weiai Wayne;Wang, Fang;Chen, Si;Sun, Jianjun
    • Journal of Contemporary Eastern Asia
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    • v.17 no.2
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    • pp.237-253
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    • 2018
  • In order to understand China's internet governance, this paper examined 1,931 Internet policies of China by bibliometric techniques. Specifically, the bibliometric techniques include simple document counting, co-word analysis, collaboration network analysis and citation analysis. The findings include: (1) China's Internet legislations mainly emphasized e-commerce and Internet governance, and, to some extent, neglected personal data protection; (2) China's Internet is under intensive multiple regulatory controls by central government. A large number of government agencies are involved in Internet policy-making. The Propaganda Department of the Central Committee of the Communist Party of China and the State Information Leading Group of the State Council, enforced fewer policy documents, but occupy higher positions in the Internet governance hierarchy; (3) China's Internet legislation system is primarily composed of industry-specific administrative rules, rather than laws or administrative regulations. Nevertheless, laws and administrative regulations received significantly more citations owing to their superior force. This paper also discussed current gaps in China's internet governance and how the country's internet policies are situated in the broader global context.

Comparison of the Legislation Applicable to Compare the use of Diagnostic Radiation Devices (진단용 방사선발생장치 이용에 적용되는 법제의 비교)

  • Ko, Jong-Kyung;Jeon, Yeo-Ryeong;Han, Eun-Ok;Cho, Pyong-Kon;Kim, Yong-Min
    • Journal of radiological science and technology
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    • v.38 no.3
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    • pp.277-286
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    • 2015
  • Diagnostic radiation devices that is used in the country has reached to 78,000 units. When used for human subjects diagnostic purposes, it is subject to Medical Service Act, when used in diagnostic purposes in animal subjects, the subject to Veterinarians Act. When used for other purposes are subject to the Nuclear Safety Act. Even the same radiation devices varies the legislation that is applied depending on the intended use and object. Diversified been p rovisions a re necessary compared to t he analysis o f l egal content in o rder t o prevent confusion of the legislation is a matter to be applied. It is a qualitative study that Nuclear Safety Act, Medical Service Act and Veterinarians Act administrative procedures for the introduction of the applied diagnostic radiation devices, safety inspection, human resources management, area management and the content related to administrative punishment. The Nuclear Safety Act sub-provisions, the introduction of diagnostic radiation generating devices, there are many complex and complete requirements administrative procedures on the concept of a permit. Inspection of safety associated with the use, would be subject to periodic inspection auditing characteristics over the entire field of radiation safety management. It must receive court regular education for the safety administrator and workers. Unlike the reference of the radiation dose rate to specify the radiation controlled area there is a measurement obligation of radiation dose rate. Unlike the reference of the radiation dose rate to specify the radiation controlled area there is a measurement obligation of radiation dose rate. Quantitative difference of administrative punishment that is imposed when legislation violation has reached up to 10 times, over the entire field, the largest burden of radiation safety management at the time of application of the Nuclear Safety Act sub provisions. And it is applied differently depending on the purpose and the imaging target using the same diagnostic radiation devices. Depending on the use mainly under the current legal system, radiation can be lacking in fairness of the contents of the legislation for safety management, there is a risk of confusion. Alternatives such as centralized and standardization of legislation by diagnostic radiation devices use is expected to be necessary.

Self-Directed Learning in the Workplace and Labor Education in South Korea: Implications for Legislation on Trade Union Education (일터 내 자기주도학습과 한국의 노동교육: 노동조합교육 법제화에 대한 함의)

  • Oh, Jeong Rok;Park, Cho Hyun
    • The Journal of the Korea Contents Association
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    • v.20 no.3
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    • pp.131-148
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    • 2020
  • The purpose of this study is to explore self-directed learning (SDL) in the workplace and to examine labor education in South Korea in order to draw the critical implications for legislation on trade union education (TUE). First, labor education in South Korea and its legal system were reviewed in a detailed way. Second, SDL in the workplace was closely analyzed from the perspectives of not only human resource development (HRD) but also adult education and lifelong learning. Third, based on the results of the comprehensive review, the implications of SDL in the workplace for worker-initiated labor education were discussed in terms of legislation on TUE in South Korea. Since legislation at the national level can promote workers' participation in TUE in the context of SDL for industrial democracy, TUE in South Korea should be provided with appropriate legislative, financial, and administrative support.

A Comparative Study on the Legal System for Risk Assessment in the Workplace (사업장 위험성평가에 관한 법제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.304-316
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    • 2021
  • Objectives: By comparing and analyzing the legal system for risk assessment in South Korea with other advanced countries, the study is designed to identify the key elements of risk assessment and seek improvement measures while focusing on solutions to the execution of risk assessment violations. Methods: The study started with an awareness of the need to improve the legislation on the risk assessment of businesses in Korea. In order to reflect this problem consciousness in Korea's industrial safety and health legislation, risk assessment legislation in Japan, Britain, Germany, and Korea was analyzed in comparative terms through the literature. Results: Unlike the other advanced countries, the concept of risk assessment is defined in Korea in a broad sense that includes measures to reduce risk, and risk assessment in the manufacturing and design stages is not institutionalized. In the case of worker participation, there is a problem regarding effectiveness. It is problematic that compared to the other foreign countries there is a possibility that general risk assessment will be neutralized because it is recognized as a uniform general risk assessment for a particular risk assessment, as well as inadequate risk assessment. Conclusions: The areas diagnosed with problems compared to the legislation in other advanced countries should be improved by revising laws and administrative rules and supplementing the explanatory guidelines, etc. by referring to the legislation of these countries. In particular, the issue of enforcement for violations of risk assessment must be improved in order to ensure the effectiveness of risk assessment.

Analysis of Regulations and Legal Systems for Making Better Use of Administrative Information (행정정보의 효율적인 활용을 위한 법.규제 분석)

  • Kim, Taisiya;Kim, Bo-Ra-Mi;Lee, Bong-Gyou
    • The Journal of Society for e-Business Studies
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    • v.16 no.3
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    • pp.211-224
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    • 2011
  • Since appearance of smart devices and cloud computing services, the social and economical values of administrative information have been magnified as valuable information. In order to make better use of various administrative information by diverse government organizations efficiently and effectively, information sharing based on legal systems is essential because of several obstacles including privacy. To suggest practical ways for using administrative information, this study categorized the administrative information sharing process, and analyzed the regulations and legal systems that are contradictory to the regulations. The result of analysis appears that there is a need of legislative base for well-defined business use of information, and a need of the organizations, that available to collect and manufacture the information. The results of this study can be expected to make legislation contributions not only for industries, but also by suggesting the policy making and guidelines to protect privacy and improve the quality of citizens' life.

Arbitration in Egypt in the Realm of the Arab Spring

  • Selim, Ismail
    • Journal of Arbitration Studies
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    • v.23 no.3
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    • pp.169-183
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    • 2013
  • Egypt has gone through a major metamorphosis following the Egyptian Revolution that began on 25 January 2011. The aim of this article is to analyze the influence of the aforementioned metamorphoses on the Egyptian Arbitration Law and Practice and to shed light on the recent developments of the latter. Whilst positive legislative amendments have been recently achieved with regards to enforcement of arbitral awards, it is crystal clear that the January 2011 Revolution has negatively impacted the jurisprudence of the Administrative Court of the Conseil d'Etat which has annulled several arbitration clauses enshrined in contracts related to privatization. However, save for disputes arising from administrative contracts, Egypt has been and shall remain a friendly seat of Arbitration as it possesses an arbitration-friendly legislation, its Ordinary Judicial Courts are familiarized with international arbitration practice and it has a prominent and famous arbitration Centre.

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Essay on Legislation for Decentralization - focused on 「LOCAL AUTONOMY ACT」 - (지방분권을 위한 법제적 일고찰 - 「지방자치법」의 법제개선 필요사항을 중심으로 -)

  • Jeon, Joo-Yeol
    • Journal of Legislation Research
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    • no.54
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    • pp.71-110
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    • 2018
  • Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the "local autonomy act", the local governments' function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.