• 제목/요약/키워드: Administrative Legislation

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Arbitration in Egypt in the Realm of the Arab Spring

  • Selim, Ismail
    • 한국중재학회지:중재연구
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    • 제23권3호
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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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행정각부 비공개 대상정보 세부기준 개선방안 연구 (A Study on Detailed Nondisclosure Criteria for the Administrative Departments)

  • 김유승
    • 한국기록관리학회지
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    • 제23권3호
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    • pp.115-136
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    • 2023
  • 본 연구는 「정부조직법」 제26조에 따른 19개 행정각부의 비공개 대상정보 세부기준에 대한 비판적 분석을 바탕으로 문제점을 정리하고 개선방안을 모색하는 것을 목적으로 한다. 이를 위해 19개 행정각부의 정보공개 관련 규정, 지침, 훈령의 제·개정 현황을 분석하고, 비공개 대상정보 6,094건에 대한 전수조사 및 분석을 수행하였다. 또한, 정보공개심의회와 정보공개 행정소송 경험을 가진 정보공개 전문가 5인과 정보공개 업무를 담당한 바 있는 기록연구사 2인을 포함한 전문가 7인과의 면담을 통해, 본 연구의 조사 및 분석 내용을 공유, 검토하고, 비공개 대상정보 세부기준의 실효성, 문제점, 제도개선 영역의 의견을 수렴하였다. 결론에 갈음하여, 첫째, '비공개 대상정보 세부기준 수립 주체와 절차의 법제화', 둘째, '비공개 대상정보 세부기준의 정기적 실질적 점검 수행을 위한 제도 수립', 셋째, '비공개 대상정보 세부기준 서비스 개선' 등 3가지 개선방안을 제안하였다.

유류오염 대비.대응 및 협력에 관한 국제협약의 입법론적 고찰 (A Study on International Convention on Oil Pollution Preparedness, Response and Co-operation for Domestic Legislation)

  • 황석갑
    • 한국항해항만학회:학술대회논문집
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    • 한국항해항만학회 1998년도 춘계학술발표회 논문집
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    • pp.128-155
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    • 1998
  • Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

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한방의료분쟁의 합리적인 해결방안 연구 - 한국소비자원의 한방의료 피해구제를 중심으로 - (Research on the Rational Solution for Oriental Medical Conflicts - Focusing on the relieving role of KCA in oriental medical disputes -)

  • 정미영
    • 의료법학
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    • 제9권2호
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    • pp.383-422
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    • 2008
  • Considering above, It might be efficient that medical disputes would be settled by the intervention, the agreement, and the administrative relief that reflect mediators' opinion, who have rich social experience as well as specialized knowledge. Therefore, KCA needs to strengthen its function of mediation and improve relevant systems to become an effective settlement institution. And although Oriental medicine disputes have mainly given ex post facto explanations so far, administrative efforts such as policy development or legislation should be made for the high quality of Oriental medical services offered because an efficient way saving social or economic costs caused by the dispute would be precautionary measures. The traditional Oriental medicine is featured with the lack of baseline examination, the uncertainty of medical mistakes, the difficulty in clarifying and proving facts, the hardship of injury conformation and causality because of the characteristics of Oriental medicine, and the relative lightness of physical damages. Actually, there has been few legal settlements in Oriental medical disputes since the compensation, itself, compared to the lawsuit cost, is relatively much lower without practical benefits.

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Current Problems of Criminal Law Protection of Information Relations in the Border Sphere

  • Kushnir, Iryna;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Stepanova, Yuliia;Kushnir, Yaroslav
    • International Journal of Computer Science & Network Security
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    • 제21권11호
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    • pp.171-176
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    • 2021
  • The article considers some issues of criminal law protection of information relations. With the emergence of new types of threats to Ukraine's national security in the field of protection and defense of the state border, the issues of development and strengthening of information protection become especially important. Proper compliance with information legislation also depends on the established responsibility for its violation, which rests on certain provisions of the Criminal Code of Ukraine. It is stated that these norms are placed in different sections and do not have a proper systematization. The article singles out the subjects of information relations in the border area, which are subject to criminal law protection: persons who are not bound by stable relations with the SBGS (who cross the state border of Ukraine, etc.); persons who are members of the SBGS (servicemen and employees); SBGS as a public authority (official and secret information, information about the activities of the agency, its officials, etc.).

기술침해 행정조사의 실효성제고를 위한 분쟁조정 방안 -형사적 구제방안을 중심으로- (Methods to Introduce Criminal Remedies to Enahnce Effectiveness of Administrative Technology Misappropriation Investigation)

  • 강병수;김용길;박성필
    • 한국중재학회지:중재연구
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    • 제32권4호
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    • pp.53-85
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    • 2022
  • Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

빅데이터 분석을 활용한 민식이법 제정과정에 대한 연구 (A Big Data Analysis on the Enactment Process of Min-Sik's Law)

  • 강애라;남태우
    • 정보화정책
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    • 제30권4호
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    • pp.89-112
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    • 2023
  • 교통안전정책은 교통안전법을 기반으로 5년마다 수립되어 진행되고 있다. 장기적으로 계획이 수립되어 진행되는 정책 외에도 사회적으로 이슈가 되는 각종 사건, 사고의 재발을 방지하기 위해 수립되는 정책들도 있다. 시민의 행정참여는 최근 들어 관심이 매우 집중되고 있으며, 행정의 민주성을 실현할 수 있는 효율적인 수단이 되고 있다. 본 연구에서는 최근 어린이보호구역에 대한 법령강화라는 사회적 이슈를 몰고 온 '김민식 사건'이 '국민청원'이라는 '온라인 플랫폼'의 등장으로 인해 어떻게 행정의 민주성이 구현되고 있으며, 법제정에 기여하게 되었는지 빅데이터 분석을 기반으로 제시하고자 한다. 이슈의 주기에 따른 정책변동을 시계열적인 구분에 따라 나누고 각 구간에 어떠한 내용으로 구성되고 있는지 텍스트마이닝 분석을 통해 살펴보고자 한다. 본 연구의 결과는 정책문제 해결에 있어 실질적이고 현실적인 대안의 마련이 중요하다는 정책적 함의를 제시함으로써 연구자 및 정책입안자에게 유용한 이론적, 실무적 시사점을 제공할 것으로 기대한다.

1930년대 중국 문서당안 행정개혁론의 이해 (The Records and Archives Administrative Reform in China in 1930s)

  • 이원규
    • 기록학연구
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    • 제10호
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    • pp.276-322
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    • 2004
  • Historical interest in China in 1930s has been mostly focused on political characteristic of the National Government(國民政府) which was established by the KMT(中國國民黨) as a result of national unification. It is certain that China had a chance to construct a modern country by the establishment of the very unified revolutionary government. But, it was the time of expanding national crises that threatened the existence of the country such as the Manchurian Incident and the Chinese-Japanese War as well as the chaos of the domestic situation, too. So it has a good reason to examine the characteristic and pattern of the response of the political powers of those days. But, as shown in the recent studies, the manifestation method of political power by the revolutionary regime catches our attention through the understanding of internal operating system. Though this writing started from the fact that the Nationalist Government executed the administrative reform which aimed at "administrative efficiency" in the middle of 1930s, but it put stress on the seriousness of the problem and its solution rather than political background or results. "Committee on Administrative Efficiency(行政效率委員會)", the center of administrative reform movement which was established in 1934, examined the plan to execute the reform through legislation by the Executive Council(行政院) on the basis of the results of relevant studies. They claimed that the construction of a modern country should be performed by not political revolution anymore but by gradual improvement and daily reform, and that the operation of the government should become modern, scientific and efficient. There were many fields of administrative reform subjects, but especially, the field of records and archives adminstration(文書檔案行政) was studied intensively from the initial stage because that subject had already been discussed intensively. They recognized that records and archives were the basic tool of work performance and general activity but an inefficient field in spite of many input staff members, and most of all, archival reform bring about less conflicts than the fields of finance, organization and personnel. When it comes to the field of records adminstration, the key subjects that records should be written simply, the process of record treatment should be clear and the delay of that should be prevented were already presented in a records administrative meeting in 1922. That is, the unified law about record management was not established, so each government organization followed a conventional custom or performed independent improvement. It was through the other records administrative workshop of the Nationalist Government in 1933 when the new trend was appeared as the unified system improvement. They decided to unify the format of official records, to use marker and section, to unify the registration of receipt records and dispatch records and to strengthen the examination of records treatment. But, the method of records treatment was not unified yet, so the key point of records administrative reform was to establish a unified and standard record management system for preventing repetition by simplifying the treatment procedure and for intensive treatment by exclusive organizations. From the foundation of the Republic of China to 1930s, there was not big change in the field of archives administration, and archives management methods were prescribed differently even in the same section as well as same department. Therefore, the point at issue was to centralize scattered management systems that were performed in each section, to establish unified standard about filing and retention period allowance and to improve searching system through classification and proper number allowance. Especially, the problem was that each number system and classification system bring about different result due to dual operation of record registration and archives registration, and that strict management through mutual contrast, searching and application are impossible. Besides, various problems such as filing tools, arrangement method, preservation facilities & equipment, lending service and use method were raised also. In the process this study for the system improvement of records and archives management, they recognized that records and archives are the identical thing and reached to create a successive management method of records and archives called "Records and Archives Chain Management Method(文書檔案連鎖法)" as a potential alternative. Several principles that records and archives management should be performed unitedly in each organization by the general record recipient section and the general archives section under the principle of task centralization, a consistent classification system should be used by classification method decided in advance according to organizational constitution and work functions and an identical number system should be used in the process of record management stage and archive management stage by using a card-type register were established. Though, this "Records and Archives Chain Management Method" was developed to the stage of test application in several organizations, but it was not adopted as a regular system and discontinued. That was because the administrative reform of the Nationalist Government was discontinued by the outbreak of the Chinese-Japanese War. Even though the administrative reform in the middle of 1930s didn't produce practical results but merely an experimentation, it was verified that the reform against tradition and custom conducted by the Nationalist Government that aimed for the construction of a modern country was not only a field of politics, but on the other hand, the weak basis of the government operation became the obstacle to the realization of the political power of the revolutionary regime. Though the subject of records and archives administrative reform was postponed to the future, it should be understood that the consciousness of modern records and archives administration and overall studies began through this examination of administrative reform.

Tools and Experience of Turkey in Coping IT Crimes

  • Gurol, Mehmet Ali
    • 디지털융복합연구
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    • 제7권1호
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    • pp.1-7
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    • 2009
  • By no means rapid advances in technology affects the working and improvement of all systems built to increase the quality/standards of human living. Information technologies as the main driving force of technological progress today happen to be a sine qua non for all organizations hoping to keep pace with or surpass rivals. However, despite their vital advantages it is true that these create undesirable side effects that harm social systems and the rights of persons. Similar to all others in the world Turkey is trying to cope with the problem through creating an appropriate legal and administrative substructure trusted to discontinue or at least minimize such criminal acts.

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

  • 유민상;김재부;편무송;안정학
    • 자동차안전학회지
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    • 제12권1호
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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.