• Title/Summary/Keyword: Amendment of legislation

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An Analysis on the Legislation and Amendment of the Inventory Act in the Archives (영구기록물관리기관 보존기록물 정수점검 관련 법령 제정 및 개정 분석)

  • Kang, Hyen Min
    • Journal of the Korean Society for Library and Information Science
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    • v.51 no.1
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    • pp.125-146
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    • 2017
  • According to the article of inventory in the act of public records management from $29^{th}$ January on 1999, record repository, special repository and the archives have been doing inventory totally once every two years. As the archives have acquisited incredibly and explosively lots of archives, this has induced a lot of problem in inventory activity due to legacy inventory acts. To solve these problems, the author have revised and legislated on $29^{th}$ Oct. 2016. The purpose of this study is to point out the problems that prior uniformal inventory cycle and to explain in detail that the contents of the newly revised article, and a benefit and expectations of practical inventory activity. The major revision of article is inventory cycle of at least totally once every four years and the act of obligation on a after-process of inventory.

A study on improvement of legislation for the safety fishing operation of the coastal and offshore fishing vessels (연근해어선의 안전조업을 위한 법제 개선방안)

  • Seung-Hyun LEE;Yun-Cheol LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.2
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    • pp.172-180
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    • 2023
  • Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

Cases of Safety Accidents and Response under the Serious Accident Punishment Act -Focusing on the Construction Industry- (중대재해 처벌등에 관한 법률상 안전사고의 현황과 대응방안 -건설 산업을 중심으로-)

  • Mingyu Choi
    • Journal of Arbitration Studies
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    • v.33 no.2
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    • pp.23-52
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    • 2023
  • In this thesis, the domestic and foreign legislative background and legislative process of the Serious Accident Punishment Act were reviewed, and the Serious Accident Punishment Act in Korea was reviewed. In 2022, more safety accidents occurred in the construction industry than in other fields, and in particular, the most deaths occurred in the 'fall' type. In April 2023, regarding two criminal first-instance trial cases, the courts all sentenced guilty, and in one case, the representative of the company(CEO) was sentenced to imprisonment and was arrested. In response, the management side expresses the opinion that the punishment is excessive and there is a concern that corporate management will shrink, while the workers side(Union) argues that the responsibility of the business operator or manager should be strengthened by heavier punishment. As a countermeasure to overcome rationally, we present a plan in terms of legislation and resolution process. In other words, we present a review of the amendment to the Serious Accident Punishment Act and the Court Organization Act. In addition, guidelines for the a safety and health system must be implemented, and if an accident occurs, it must be dealt with reasonably. As a result, safety accidents in the construction industry should drastically decrease and safety culture should be properly established.

A Study on the Color Management System for the Holistic Improvement of Urban Landscape (도시경관의 통합적 개선을 위한 색채관리 제도 연구)

  • 김대수;조정송
    • Journal of the Korean Institute of Landscape Architecture
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    • v.31 no.4
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    • pp.25-38
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    • 2003
  • The main problems of disordered and congested urban landscape are due to the lack of holistic management that can control various elements of forming a city. Especially, the color of urban landscape is problematic because it is related to individual and social characteristics as well as to physical characteristics. Therefore, temporary expedients that can solve only visualized problems can not be a proper solution for color problems of urban landscape. This study originated from the question about why the color of disordered and congested urban landscape has not been improved. This study aims at directly improving the urban environmental color by finding out what the actual problems related to color are, and what the solutions would be. The goal of this study is to find a holistic systematic problem-solving method. Problems of urban environmental color are identified from both literature review and questionnaires to the expert group, such as environmental planning, design group, and the landscape executive group. Through mapping of relationships among these problems, the intellectual map was made to layout the structures of problems. Based on this method, the structures of problems of urban environmental color were classified into 5 categories: 1) the items related to the administrative structure, 2) the items related to the color management goal and system, 3) the items related to the color planning and design phase, 4) the items related to the color consulting committee, and 5) the items related to the present state of color use. Thus, in order to solve the color problem in urban landscape, practical strategy is strongly required. It is not a temporary expedient but a holistic approach. The solution for the problems of urban environmental color could be divided into 6 types; ‘regulations amendment’,‘color standard amendment’,‘color management plan’,‘color education’, and ‘advertisement for the goal of color management’. Regulations amendment among these types was proposed as the most effective method due to the close relationship with problem categories. Thus, as the solution for the problems of urban environmental color, the ‘color management system’ was suggested. Detailed contents the suggested color management system were divided into three parts; 1) legislation by regulations, ordinance and acts, 2) management by controling the level of guidelines, and 3) the standards for execution of this system.

Review of Medical Act Article 34 the Amendment (의료법 34조 개정(안)에 대한 소고)

  • Jeun, Young-Ju
    • The Journal of the Korea Contents Association
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    • v.15 no.1
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    • pp.152-158
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    • 2015
  • The Korean Government said that it issued advance notice of the amendment of medical act article 34 on Oct. 29 of last year. Another issue at the heart of controversy in 2009 was telemedicine between doctors and patients for the purpose of helping those in the dead zone of medicine and supporting medical service industry. It failed, however, to enact legislation due to the strong opposition from medical profession as well as the apprehension about abuse of medical treatment and the rise of medical expenses. To amend and legislate a law, it is needed in advance to examine and analyze the rationality, propriety and feasibility of it. In particular, when it comes to amending a medical act, the validity should be acknowledged only when the right to life and health of the people is protected. Medical act article 34 is in the state of drift because of stiff resistance from medical and civic groups. This study purpose of analyze and to explain the amendment of recent proposition of Medical Act Article 34 and to suggest possible improvement methods.

Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.3-32
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    • 2008
  • In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

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A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • International Commerce and Information Review
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    • v.2 no.1
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    • pp.49-68
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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A Study on the Clause of Uniform Commercial Code for Electronic Bills of Lading

  • Ahn, Byung-Soo;Park, Tae-Ho
    • International Commerce and Information Review
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    • v.11 no.2
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    • pp.281-300
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    • 2009
  • In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

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A Study on the methods for analysing character of townhouse for improvement of residental environment in korea (주거환경 향상을 위한 타운하우스의 특성 분석에 관한 연구)

  • Lee, Dong-Eun;Chung, Jae-Yong
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2006.11a
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    • pp.426-431
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    • 2006
  • Townhouse takes both private housings' and apartments' strengths as its own and forms a new style of house planning. It is highly convenient in maintenance and complement, also satisfying the residents with its independence and refundability. Currently, metropolitan area in Korea being the ignition of the townhouse planning, the gradual housing site development in metropolitan area is laying a foundation for further developments throughout Korea. Through amendment of legislation and qualitative upgrade of habitat, standard about new residence should be readied for activating of townhouse in korea. Therefore This research examines several residence types to secure diversification of residence type and good quality of residence place, introduce the townhouse that developed fast in internal recently and make a planed option for activating in korea.

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The Concept of the 'Launching State' Revisited (발사국의 개념재고)

  • Aoki, Setsuko
    • The Korean Journal of Air & Space Law and Policy
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    • v.15
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    • pp.123-145
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    • 2002
  • Commercialization and privatization of outer space has been developing to the extent that public space law regime established at the UN seems to be somewhat incompatible with the today' s commercial launching services. Thus, this paper analyzes, at first, the UN space treaties to specify the obstacles for promoting commercial use. The necessity of some covert amendment of UN treaties is suggested through the national space legislation. Then three state practices are examined to propose a new concept of the "launching state" including the Sea Launch project, since the concept of the "launching state" is of the major importance to enact an effective national act to better accommodate UN space treaties to the present necessity.

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