• Title/Summary/Keyword: Basic construction industry law

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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.

Enacting Law on Principles of Landscape Architecture and Remedial Directions for Its Related Regulations (조경기본법 제정과 관련 법규의 정비방향)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.29 no.5
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    • pp.115-124
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    • 2001
  • The purpose of this study is to examine the rightness of establishing the Essential Act of Landscape Architecture in Korea and to present the legal phase, the legislative system and the construction of a contents at the expected enactment of it. It is necessary to point out the problems of the various fields of landscape architecture and to propose the solutions of them. The contents of the study are as follows, 1 . The number of the regulations related to landscape architecture is a good reason for which the field of landscape architecture is worth being included to the positive law. 2. The problems by items(ordinance, engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, material, aesthetics and sight, environmental conservation and ecology, right and penal regulations) to the domestic related regulations being at issue and the remedies for it shall be considered at the enactment of the Essential Act of Landscape Architecture. 3. The number of the domestic regulations being related to landscape architecture which have a term of\` the Essential Act∼\`is 5. 4. The Essential Act of Landscape Architecture is the separate Essential Act welch defines the scope of landscape architecture as construction works and controls the business essentially. 5. The meaning and character of the Essential Act of Landscape Architecture was examined and the reasons for that essential act were recognized in point of the legal, landscape architectural and educational systems. 6. The creation of new official landscape architectural organization is a reason to justify the enactment of the Essential Act of Landscape Architecture. 7. The legal phase, the legislative system and the construction of a contents of the Essential Act of Landscape Architecture ware presented and this act shall conform to such as the legal system of the Architectural Act, the Essential Act of the Construction Industry and so on. The result of this study will be the basic materials for the creation of the Essential Act of Landscape Architecture.

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The Third Construction Technology Development Master Plan (제3차 건설기술진흥기본계획)

  • Ji Sang-Wuk
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.202-206
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    • 2002
  • $\lceil$The Construction Technology Development Master Plan$\rfloor$ aimed to promote construction technology R&D and to use its result efficiently is a legal plan based on Construction Technology and Management Law and established every five years. Now $\lceil$The 3th Construction Technology Development Master Plan(The 3th Master Plan)$\rfloor$ is establishing by MOCT(Ministry of Construction & Transportation) because the 2th Master Plan is completed at 2002. The 3th Master Plan suggests 'Establishment of construction environment leading the world-wide construction market' as a long-term vision, and also presents basic targets ; 'Improvement of competitiveness through conducting construction project efficiently', 'Transform into technology-oriented industry'. It consists of 7 fields and 25 main subjects. The 7 fields are construction manpower, production system, environment, safety, construction information, construction engineering, construction R&D.

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Domestic current situation and Improvement plan Consideration of Electricity Design&Supervision System (전기설계.감리제도의 국내.외 현황 및 개선방안 고찰)

  • Nam, Gi-Beom;Lee, Jong-Hyeok;Jeon, Yeong-SU;Yang, Sun-Sik
    • Proceedings of the KIEE Conference
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    • 2005.11c
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    • pp.14-18
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    • 2005
  • The Reason of collapse accidents, Seongsu bridge Accident in 1994 and Sampung department store Accident in 1995 and so on, that is found out to the shortage construction. Consequently, depending on orderer's self-regulating judgement the meanwhile, Electricity Technique Administration Law in 1995 owes at the public opinion to need the plan of a law system device about the electricity design and supervision and is born. This various issue problem, the combined ordering with Constructing, Electricity, fire-fighting, Information & Communication and so on, field problem, low cost services, the problem about the selection procedure of the design and supervision businessman, the business range between general and specialized, which the system appears as are carried out have been risen. Therefore basic solution plan about this have been desired. We consider a domestic current situation about an electricity design supervision system in this paper, and try to present the plan for healthy upbringing development of the electricity industry through this.

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A study on the current status and encouragement of tourist farms around Taegu area (관광농원의 실태 및 활성화에 관한 조사연구 - 대구인근지역 관광농원을 대상으로 -)

  • Lee, Kee-Cheol;Kim, Jae-Kwang
    • Journal of Korean Society of Rural Planning
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    • v.8 no.2 s.16
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    • pp.27-41
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    • 2002
  • This research is written for offering an approach to activate the stagnated industry of the tourist farm through analysis of the current operational problems and situation on some existing tourist farm nominated as such by the authority. There will be some considerations from three different categories : local autonomous groups, tourist farm associations and farm owners. On the other hand, it is assumed that this research can also be utilized as a basic material for activating the tourist farms in the suburban area of Taegu City. The operational problems in the suburban area of Taegu City are as follows : lack of a specialized Product development, the farm operation fund, lack of operational or management ability, lack of public information, etc. There are other Problems regarding law, institution and supporting : complexity of the current system involving all kinds of permission, shortage of financial and taxation supporting, lack of training an expert manpower, lack of ability and cooperation of a deskclerk in charge, etc. Here are some suggestions taking into consideration a respective sector of local autonomous group, tourist farm associations and farm owners for activating the tourist farms in the suburban area of Taegu City. First, a mental turnabout toward a tourist farm is needed from local autonomous groups. The law and institutional base should be arranged while the financial and taxation support is materialized. Second, tourist farm associations should amend or reinforce the existing institution to refresh the current recognition toward the tourist farm through many publicity activities. On the other hand, they should develop the overall tourist farm industry into a better service industry of the rural community by keeping an active system of cooperation with other related groups. Finally, It is advised that they should conceive farms and facilities which can symbolize the tourist farm from the stage of the first construction. In addition to a four-season souvenir development, an effective publicity activity and rational investment management. Above all, they should train themselves in terms of a service spirit before they see the prosperity of the tourist farm community.

A Study on the Type of Litigation through Analysis of Landscape Precedent (조경 판례분석을 통한 소송의 유형화 연구)

  • Park, Hyun-Bin;Kim, Dong-Pil;Moon, Ho-Kyung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.48 no.4
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    • pp.8-18
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    • 2020
  • This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

Example of Legislation on the Space Relations of Every Countries in the World and Main Contents of the Space Exploration Promotion Act and Future Task in Korea (세계 각국의 우주관계 입법례와 우리나라 우주 개발진흥법의 주요내용 및 앞으로의 과제)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.9-43
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    • 2005
  • The Korean government established her first "National Space Program" in 1996, and revised it in 2000 and 2005. As embedded in the National Space Program, Korea aims to become one of the world's top countries in space technology by 2010. All of 13 satellites are planned to be put into orbit as schematized, which include 7 multi-purpose satellites, 4 science satellites and 2 geostationary orbit satellites. The Space Center in Korea is to be built at Woinara-Do, Bongrae-Myon, Koheung-Goon, Junlanam Province on the southern coast of the Korean peninsular. The first phase of the construction of the space center will be finished by 2007 for launch of KSLV-l. This will make Korea be the 13th advanced country in space development having a launching site in the world. The "Space Center" will serve as the infrastructure for the development of space technology and related technology, and plan to launch a low earth orbit satellite in 2007. A second science satellite made in Korea will be launched from the space center by 2007. From 2010, the center will be operated on a commercial basis operating launch facilities for low-to mid-altitude orbit satellites. Since the 'Aircraft Industry Promotion Act' was replaced by the 'Aerospace Industry Development Promotion Acf of 1987, this Act had been amended seven times from 1991 year to 2004. Most of developed countries has been enacted the space law including the public or private items such as an (1)DSA, (2)Russia, (3)the United Kingdom, (4)Germany, (5)France, (6)Canada, (7)Japan, (8)Sweden, (9)Australia, (10)Brazil, (11)Norway, (12)South Africa, (13)Argentina, (14)Chile, (15)Ukrainian etc. As the new Space Exploration Promotion Act was passed by the resolution of the Korean Congress on May 3, 2005, so the Korean government has made the public proclamation the abovementioned Act on May 31, this year. This Act takes effect on December 1, 2005 after elapsing six months from the date of promulgation. The main contents of Space Exploration Promotion Act of 2005 is as the following (1)establishing a basic plan for promoting space exploration, (2)establishment and function of national space committee, (3)procedure and management of domestic and international registration of space objects, (4)licensing of launch by space launch vehicles, (5)lability for damages caused by space accidents and liability insurance, (6) organizing and composition of the space accident investigation committee, (7)Support of non-governmental space exploration project, (8)Requesting Support and Cooperation of Space Exploration, (9)Rescue of Astronauts and Restitution of Space Objects, etc.. In oder to carry out successfully the medium and long basic plan for promoting space exploration and to develope space industry in Korea, I think that it is necessary for us to enlarge and to reorganize the function and manpower of the Space Technology Development Division of the Ministry of Science & Technology and the Korea Aerospace Research Institute. Korea has been carrying out its space program step by step according to the National Space Program. Korea also will continually strengthen the exchange and cooperation with all the countries in the world under the principle of equality, friendship relations and mutual benefits. Together with all other peoples around the globe, Korea will make due contribution towards the peaceful utilization of space resources and promotion of human progress and prosperity.

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