• Title/Summary/Keyword: Administrative Rules

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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.

The Disputes of FTA Preferential Duty Treatment : The Implications of the U.S Customs Case Laws (한·미FTA 특혜관세분쟁을 대비한 미국판례의 동향과 함의)

  • Ha, Choong Lyong
    • International Commerce and Information Review
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    • v.17 no.3
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    • pp.203-222
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    • 2015
  • Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

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Discussion for Improvement of Decision System of Total Risk in Off-site Risk Assessment (화학사고 장외영향평가 제도의 종합위험도 결정 체계 개선을 위한 고찰)

  • Choi, Woosoo;Ryu, Taekwon;Kwak, Sollim;Lim, Hyeongjun;Jung, Jinhee;Lee, Jieun;Kim, Jungkon;Baek, Jongbae;Yoon, Junheon;Ryu, Jisung
    • Journal of Environmental Health Sciences
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    • v.44 no.3
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    • pp.217-226
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    • 2018
  • Objectives: Despite the positive effects of Off-site risk assessment (ORA) system such as prevention of chemical accidents, some problems have been constantly raised. The purpose of this study is to analyze the problems that have occurred through the implementation of the ORA system for the past three years and to suggest reasonable directions for improvement in the future. Methods: In order to identify the problems with the methodology and procedure of ORA system, we analyzed statutes, administrative rules and documents related to the ORA system. A survey of ORA reviewers in National Institute of Chemical Safety was conducted to investigate the weight of determinants considered when judging the level of total risk in ORA. Results: In this study, we found out the uncertainty of the estimation of the number of people in the impact range in the procedure of the risk assessment of individual handling facilities, the lack of quantitative risk analysis methods for environmental receptors, and the ambiguity of the criteria for the total risk. In addition to suggesting solutions to the problems mentioned above, we also, suggested a decision tree for total risk in ORA. Conclusion: We anticipate that the solutions including the systematic decision tree for total risk suggested will contribute to the smooth operation of the ORA system.

A Study on The Waegu(倭寇)'s invasion and the importance of the Ocean Defence in the Late Goryeo(高麗) Dynasty. (고려 말 왜구 침입과 해양방어의 중요성에 대한 연구)

  • Lee, Do-Won
    • Strategy21
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    • s.32
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    • pp.36-70
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    • 2013
  • Waegu(倭寇)'s invasion in the Late Goryeo(高麗) Dynasty was huge damage for Goryeo's local society. And It was shock that Goryeo government's basic foundation of rules. Invasion background of waegu for Kyeong-in-yeon(庚寅年, 1350) was Kyushyu(九州)'s political divide because of Nihon(日本) government's confusion. Waegu was huge damage for Goryeo's Jo-wun(漕運, the shipping system of grain paid as a tax) system. So, government started military response, but it was turn out a failure and had great damage. When execution of military operations failed, Goryeo government sent diplomatic delegation to request the prevent of waegu, but the invasion continued. Since waegu invasion, Goryeo was got nowhere with defence of waegu. So, some people demanded for a new understanding of the ocean defence in the government. Lee-Saek(李穡), Woo-Hyeonbo(禹玄寶), Lee-Hee(李禧) and Jung-Ji(鄭地) were representatives of a new understanding of the ocean defence. Their demands were received attention when all operations had been failed. Therefore, Goryeo government began to reorganization of the naval forces and set up a special committee of gunpowder manufacturing named Hwa-tong-do-gam(火筒都監). This administrative reform was achieved substantial results since then. In 1380, the naval battle at Jin-po(鎭浦) was a big event that first gunpowder attack the waegu. Since Jin-po, Goryeo's naval forces gain confidence. In 1389, Dae-ma-do(對馬島) was attacked by Park-Wi(朴葳). It was meant that Goryeo's naval forces had huge offense power. Goryeo's defence system was focused on a northern race before 14th century waegu's invasion. So they were neglected their ocean defence. But after military operation of waegu's invasion was failure, they focused on the ocean defence. A new understanding of the ocean defence was foundation of that. It means to us to a new understanding of the ocean defence. Now, East Asia has maritime disputes. And we have high exposure to potential threats. So, we have a new understanding of importance of the ocean defence. And we fight for 21th century's ocean threats as foundation of sense of national security.

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A Study for Improving in Greening System and Method to Revitalize Wall-planting (벽면녹화 활성화를 위한 제도적 개선방안 및 조성방향에 관한 연구)

  • Han, Seung-Ho;Kim, Sun-Hae
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.9 no.2
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    • pp.59-71
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    • 2006
  • Due to the rapid process of industrialization the cities of Korea confront changes of climate, destructions of the habitate and decrease of the green. Recently Seoul and other local governments have implemented policies and projects to improve the environmental surroundings. In reality, however, those policies and projects face difficulties in the course of implementation. The fact that there are no concrete regulations and specific legal procedures turns out to be one of the main difficulties. The aim of this study is to present specific plans and methods of wall-planting and to provide basic guidelines for the future direction of wall-planting and offer ideas of facilitating wall-planting. This study is based on questionnaires from specialists of landscape architecture through individual interviews and/or e-mails. The questionnaire is consisted of following 4 sections. 1. Show the experts current regulations and/or legal procedures and ask them improvements and suggestions. 2. Ask them choose matters of the highest priority by using Ricardo's diagram method. 3. Ask them to make a graded list in terms of the location and method of wall-planting. 4. Study the maketability of the wall-planting products currently in circulation. The city of Seoul and the Ministry of Environment recommend that trellis and/or planting inducement structures be installed on the building wall by regulation. The specialists responded to the questionnaire advocate that green wall without trellis should be allowed as green zone. Therefore regulations concerning the wall-planting should be determined specifically according to the characteristics of individual plants and walls. It has been urged that legal aid and social support must be reinforced to establish rules dealing with wall-planting. The respondents also point out that significant cutting down of the tax is far more effective in accelerating the wall-green instead of administrative support. The highest priority in terms of planting has been given to sound-proof wall, retaining wall and building wall. Concerning the maketability of the wall-planting products, panel products are recommended for early-planting and building planting. It has been suggested that the research and study of new materials and species be done in advance.

A Study on User Service and Enhancement Strategy for Chungnam Representative Library (충남대표도서관 이용자 서비스 및 활성화 전략 연구)

  • Kwak, Seung-Jin;Noh, Younghee;Yu, So-Young;Kim, Jeong-Taek
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.4
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    • pp.283-310
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    • 2016
  • The present study aims to develop measures to enhance user service at Chungnam Representative Library by establishing Chungnam Representative Library Operation Master Plan. To this end, I conducted a literature review, analysis of services of other representative libraries, and a survey. The study results suggested six measures for user service enhancement. The first measure is space-specific programs, such as children's materials room, general materials room, electronic materials room, auditorium, multipurpose room, outdoor stage, exhibition room, and book café. The second measure is the services specific user types, such as children, adolescents, adults, the disabled, and multicultural families. The third measure is information service specific for information type, such as print material service and digital material service. The fourth measure is the service for the Information-Poor including the expansion of mobile library service, the service for information users in special environment, and the development of mobile library rules. Fifth measure is information service for Chungcheongnam-do residents, such as Baekje Studies specialized service that incorporates local characteristics, specialized information service for Chungcheong Studies and local materials, and information service for administrative and policy materials. The last measure is the measure to secure initial users and early stage service enhancement.

A research paper for e-government's role for public Big Data application (공공의 빅데이터 활용을 위한 전자정부 역할 연구)

  • Bae, Yong-guen;Cho, Young-Ju;Choung, Young-chul
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.21 no.11
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    • pp.2176-2183
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    • 2017
  • The value of Big-Data which is a main factor of the fourth Industrial Revolution enhances industrial productivity in private sector and provides administrative services for nations and corporates in public sector. ICT-developed countries are coming up with Big-Data application in public sector rapidly. Especially, when it comes to social crisis management, they are equipped with pre-forcasting system. Korean Government also emphasizes Big-Data application in public sector for the social crisis management. But the reality where the overall infrastructure vulnerability reveals requires preparation and operation of measurement for social problems. Accordingly, we need to analyze Big-Data application problem and benchmark the precedented cases, thereby, direct policy diversity. Hence, this paper proposes the roles and rules of E-government analyzing problems from Big-Data application. The following policy proposes open Information and legal&institutional improvement, Big-Data service considerations threatening privacy issues in Big-Data ecosystem, necessity of operational and analytical technology for Big-Data and related technology in technical implication of Big-Data.

Review on the Japanese Super-Core Port Policy - An Assessment and New Politic Demands - (일본 슈퍼중추항만정책의 성과와 한계에 관한 고찰)

  • Koo, Kyung-Mo;Oh, Yong-Sik
    • Journal of Korea Port Economic Association
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    • v.26 no.3
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    • pp.143-164
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    • 2010
  • Japanese government has instituted and carried out Super-core Ports Policy to improve their operating efficiencies of international container ports from 2004. Despite of diverse institutional and administrative supports within this policy, this paper has assessed that they couldn't accomplished goals at the end of 2009 when the policy ended. In short, Japanese Super-core ports have explicitly lost the competitiveness for functioning as a hub-port in the East Asia region. We could find some defaults in the policy i.e. some limits of the private terminal operating units, inefficiencies in teaming between ports within Super-core port, lacking with system for collecting cargoes. In 2010, Japan is going to reinforce International Strategic Container Port Policy following Super-core Ports Policy. With this policy, they ought to prepare for the last leap on the basis of selection and concentration rules in international port. This new policy is particularly focused on recapturing their T/S cargo via Busan port. Regarding these changes, Busan port needs to prepare counter measurements for preserving Japanese T/S cargo firmly.

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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Problems and Suggestions for Improvement Derived from an Analysis of the Work of the Urban & Residence Environment Improvement Project -Focused on the Establishment of Preparation Committee and Association Committee- (도시 및 주거환경정비사업의 업무분석을 통한 문제점과 개선 사항 -조합설립추진위원회와 조합설립 업무를 중심으로-)

  • Ryu, Han-Guk;Son, Bo-Sik
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.3
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    • pp.39-47
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    • 2010
  • The government has routinely made efforts to improve the living environment and infrastructure of less-developed areas through large area urban remodeling projects, which are in themselves attempts to overcome the disadvantages of piecemeal local area development. Such projects are very complex, and various stakeholders are involved. However, the data on such projects has not been well managed, and has not lent itself to being easily adopted to similar projects. In addition, there are numerous fragmented mega-projects that seem to be performed based on "rules of thumb" To address this issue, the work process of many urban and residence project types should be standardized otherwise the participants will be confused to work properly. In particular, typical residents who lack knowledge about building redevelopment, building remodeling, urban environment improvement projects, and the like think that it is difficult to establish the preparation committees and association committees for the projects. Therefore, we examined previous researches related to the urban and building renovation to solve the prescribed present problems. This paper presents the three necessary research performances: first, we analyzed the administrative work process in the related laws; second, we examined the practical work process of the preparation committee and association committee stages; and finally we deduced the problem and presented the required improvements.