• Title/Summary/Keyword: Administrative Rule

Search Result 64, Processing Time 0.028 seconds

Railway Governance and Power Structure in China

  • Lee, Jinjing
    • International Journal of Railway
    • /
    • v.1 no.4
    • /
    • pp.129-133
    • /
    • 2008
  • Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.

  • PDF

Technological and Social Significance of the Revision of the Radio Law (전파법 개정에 따른 기술·사회적 중요성)

  • Yang, Jeong-Won;Seok, Gyeong-Hyu;Shin, Hyun-Shin
    • The Journal of the Korea institute of electronic communication sciences
    • /
    • v.14 no.4
    • /
    • pp.627-636
    • /
    • 2019
  • The Radio Law was revised twelve times since the full revision in 2000, and now it is equipped with the current status of securing radio resources, distribution and allocation of radio resources, utilization of radio resources, protection of radio resources and promotion of radio waves, which can be evaluated to include the legal nature of securing radio resources and propagation beyond the simple administrative legal nature of radio resources. The legal system in the telecommunication sector is also being improved, and the Radio Law is also supplementing the weak points through two revisions. The domestic radio law, and it is considered to form a legal system for promoting the effective allocation and utilization of resources in accordance with the changes in radio wave usage environment. It can be evaluated that it has become a law related to radio promotion and competition in the existing simple administrative law. It is considered necessary to adjust the detailed regulations for each type of use.

A Study on the Management Plan through Performance Maintenance Analysis of Explosion-proof Facilities (방폭설비 성능유지 실태분석을 통한 관리방안 연구)

  • Kwon, Yong Jun;Byeon, Junghwan
    • Journal of the Korean Society of Safety
    • /
    • v.35 no.2
    • /
    • pp.8-16
    • /
    • 2020
  • In Article 311 of the Regulation on Occupational Safety and Health Standards requires the use of Korean Industrial Standards Act in accordance with the Industrial Standardization Act. However, the classification, inspection, maintenance, design, selection, and installation of explosion hazard locations for explosion and explosion prevention and internalization of 'safety' in the performance maintenance phase of electrical machinery and equipment There is no technical and institutional management plan for remodeling and alteration. Analysis of actual conditions and problems related to the installation, use, and maintenance of explosion-proof equipment, comparative analysis of domestic and international technical standards and systems, technical, institutional and administrative systems and systems related to installation, use, and maintenance of explosion-proof equipment, technical personnel and qualifications, etc. It is to propose legislation, system improvement, and technical standard establishment related to the maintenance of explosion-proof facility performance through improvement of the necessity and feasibility study for establishment of the legal status of the management site and management plan. As technical measures, KS standard revision (draft), KOSHA guide (draft) and explosion-proof facility performance maintenance manual were presented. In addition, the institutional management plan proposed the revised rule on occupational safety and health standards, the revised rule on the restriction of employment of hazardous work, and the manpower training program related to the maintenance of explosion-proof facilities and the qualification plan. Enhance safety at the installation, use, and maintenance stage of explosion-proof structured electrical machinery. It is expected to be used to classify explosion hazards, select related equipment, and to update and standardize standards related to installation, use and maintenance.

The Classification System of the Official Documents in the Colonial Period (일제하 조선총독부의 공문서 분류방식)

  • Park, Sung-jin
    • The Korean Journal of Archival Studies
    • /
    • no.5
    • /
    • pp.179-208
    • /
    • 2002
  • In this paper, I explained the dominating/dominated relationship of Japan and Colonized Korea by analysing the management system of official documents. I examined the theory and practices of the classification used by the office of the Governor-General for preserving official documents whose production and circulation ended. In summary, first, the office of the Governor-General and its municipal authorities classified and filed documents according to the nature and regulations on apportionment for the organizations. The apportionment of the central and local organs was not fixed through the colonial period and changed chronologically. The organization and apportionment of the central and local organs reflected the changes in the colonial policies. As a result, even in the same organs, the composition of documents had differences at different times. The essential way of classifying documents in the colonial period was to sort out official documents which should be preserved serially and successively according to each function of the colonial authorities. The filing of documents was taken place in the form of the direct reflection of organizing and apportioning of the function among several branches of the office of the Governor-General and other governmental organs. However, for the reason that filing documents was guided at the level of the organs, each organ's members responsible for documents hardly composed the filing unit as a sub-category of the organ itself. Second, Japan constructed the infrastructure of colonial rule through the management system of official documents. After Kabo Reform, the management system of official documents had the same principles as those of the Japan proper. The office of the Governor-General not only adopted several regulations on the management of official documents, but also controlled the arrangement and the situation of document managing in the local governmental organizations with the constant censorship. The management system of documents was fundamentally based on the reality of colonial rule and neglected many principles of archival science. For example, the office of Governor-General labelled many policy documents as classified and burnt them only because of the administrative and managerial purposes. Those practices were inherited in the document management system of post-colonial Korea and resulted in scrapping of official documents in large quantities because the system produced too many "classified documents".

The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
    • /
    • v.11 no.1
    • /
    • pp.117-143
    • /
    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

  • PDF

Comparative Analysis on the Law Related to landscape Plan-making (경관계획수립 관련법규의 비교분석)

  • 서주환;최현상;김상범
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.28 no.6
    • /
    • pp.96-105
    • /
    • 2001
  • The purpose of this study is to establish landscape planning, and to find out to administrative system and improvement way on landscape plan in Korea. We have sought for research trend and the concept of landscape planning related to the landscape planning through the investigation of books and documents, and have analyzed the characteristics on the law for landscape plan in United State of America, United Kingdom,, France, Germany, Japan and Korea. As the results of this study are as follows; 1) A state developing local self-governing body as United State of America, United Kingdom and Germany carried out individually landscape plan. Especially, it raises clarity of administration to fix residents participation(Nonprofit Organization : NPO) and secures responsibility. 2) A state of centralized authoritarian rule as France and Japan applies common law to the nationwide but commission's concrete management or conference. 3) And so in Korea and applicable landscape plan was made on the basis of town-planning law and managed with ordinances for landscape. In here the important thing is division of role of central and local government and residents. This study proposes the system of planning and analyzed the related laws for the landscape formation and management. The future research on the character of the local areas, providing many chances with people in the community through publicity activities, and rearing the expert group on this matter should be made in the future.

  • PDF

The Japanese Government-General of Korea: A Hermeneutic Understanding of the Effects of Historic Preservation from a Western Perspective

  • Seo, Myengsoo
    • Architectural research
    • /
    • v.18 no.3
    • /
    • pp.103-111
    • /
    • 2016
  • This paper investigates the characteristics of preservation of Korean modern architecture through Western historic preservation theories and philosophies. This research focuses on the Japanese Government-General of Korea (1926-1995) which was built in 1926 and used as the chief administrative building in Seoul (Keijo in Japanese) during the Japanese colonial period (1910-1945). After Korea was liberated from Japanese rule in 1945, this building was used until 1995 for the South Korean National Assembly, the United States Army Military Government in Korea, and the National Museum of South Korea. Although it served a variety of roles, this building was the most controversial case of historic preservation in Korean modern architecture. To analyze the peculiarities and characteristics of Korean modern architecture and its preservation, this research applied Western historic preservation theories, not exclusively from classical historic preservation theories developed by Viollet-le-Duc and John Ruskin, but also from modern historic preservation theories by Theodore H. M. Prudon, Daniel Blunstone, and Frances A. Yates. This cross-cultural and comparative study of historic preservation helps identify Korean modern architecture's characteristics. It can also be a useful reference in finding the origins of Korean modern architectural identity.

A Study on the Records Management and the Existing Architectural Archives of Architectural Bureau(建築所, 1906-1910) in Korea (도지부(度支部) 건축소(建築所)(1906-1910)의 기록물 관리와 현존 기록물에 관한 연구)

  • Kim, Tae-Woong
    • Journal of architectural history
    • /
    • v.11 no.3 s.31
    • /
    • pp.7-19
    • /
    • 2002
  • Architectural Bureau(建築所, Kunchukso) that Imperial Japan set up in the Dept. of Treasury (度支部, Takjibu) executed many construction works from Oct. 1906 to Aug. 1910. In the meantime, this bureau produced many architectural records. But they were hardly preserved. Because Imperial Japan disposed the architectural records which had the historical value in according to the legal and administrative criteria. Nevertheless, it is important to inquiry precisely the architectural records considerating that the buildings that Architectural Bureau made were the products of government initiated construction and its activities influenced those of similar architectural bureaus after 1910. The results are summarized as follows : First, Architectural Bureau put through all processes from plan, design, executation to examination. Second, Architectural Bureau were producted many architectural records which cotained not only drawings but also various types of documents. Third, Architectural Bureau applied the preservation method at the first time in order to control buildings. Therefore, we can verify many informations that the drawings didn't give by analyzing the architectural records. In conclusion, we can establish the foundation that clarify the facts of buildings under the rule of Japan Imperialism and grasp the meanings if we raise the value of records and draw up the use plan by seeking new the architectural records and dividing them into the several groups on the production organizations.

  • PDF

Utilization of Mediation under KCAB in International Commercial Disputes - Focusing on Comparison with AAA - (국제상사분쟁에서 KCAB 조정의 활용방안 - AAA와의 비교를 중심으로 -)

  • JANG, Eun-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.77
    • /
    • pp.91-112
    • /
    • 2018
  • Mediation is one of several alternatives to litigation or arbitration. It is the most informal of the alternatives and the only one that gives the parties control over the outcome. The mediator in mediation is there to help the parties persuade each other that it is in their best interests to settle. As several advantages of mediation, it is considered as the fastest way to resolve a dispute because procedures associated with litigation are not imported into the process. In mediation, the client's resources are focused on resolving the dispute as opposed to building armaments of evidence to buttress legal and factual positions. The AAA commercial mediation rules and operations in the USA are very successful owing to professional training for mediators and simple procedures for mediation to the public. Comparison with USA mediation, KCAB mediation system has several weak points. KCAB mainly deals with administrative matters related to Foreign Trade Law. Therefore, it is necessary for KCAB to come up with more improved international commercial mediation. For example, mediation should be promoted to the public as who easily rely on litigation or arbitration. Second, Setting a rule for easy access to mediation is needed by bench marking AAA's mediation guidelines and operations. Third, professional mediators should be developed by establishing relevant ADR course in law schools. This article investigated some differences of mediation system between KCAB in Korea and AAA in USA, and present some suggestions in order to promote International commercial mediation in KCAB.

  • PDF

A Study on Trends and Validities of Regulation Policy of the Tobacco Industry for the National Health Promotion - Focusing on U.S. Family Smoking Prevention And Tobacco Control Act - (국민건강증진을 위한 담배사업 규제정책의 동향과 타당성 검토 -미국, '가족 흡연 예방 및 담배규제 법'(Family Smoking Prevention and Tobacco Control Act)을 중심으로-)

  • Choi, Ho-Young;Song, Ki-Min
    • The Korean Society of Law and Medicine
    • /
    • v.12 no.2
    • /
    • pp.317-338
    • /
    • 2011
  • The World Health Organization (WHO) tries to accomplish the goal of 'smoke free society', and developed countries regard the nicotine as an addictive drug. In order to better protect human health, all parties are required to adopt and implement effective legislative, executive, administrative or other measures for tobacco control in accordance with Article 4 the Framework Convention on Tobacco Control (FCTC). In order to achieve the objective of the FCTC and its protocols and to implement its provisions, Korea need to take an attention on the U.S. Family Smoking Prevention And Tobacco Control Act of 2009 and Final Rule. It is need to integrate and centralize of tobacco safety administration and smoking prevention for the national health promotion.

  • PDF