• Title/Summary/Keyword: DOMESTIC LAWS

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Evaluation and Improvement Directions of Laws and Regulations Related to Space and Environmental Planning Toward Extended Application of LID in Korea (저영향 개발(LID) 확대 적용을 위한 공간·환경 계획 관련 법·제도 평가 및 개선방향)

  • Son, Cheol Hee;Baek, Jong In;Ban, Yong Un
    • Journal of the Korean Regional Science Association
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    • v.34 no.4
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    • pp.49-60
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    • 2018
  • To restore urban water cycle, it is necessary to improve domestic laws and regulations related to LID(Low Impact Development), which has been successfully applied to foreign countries. Thus, this study has intended to evaluate domestic legal systems related to space and environmental planning and to suggest directions to improve laws and regulations related to space and environmental planning toward extended application of LID in Korea. To reach this goal, this study has analyze the legal and institutional status of the foreign countries where LID has currently been applied, to derive the factors that laws and institutions are required to support LID based on the above analysis, to evaluate domestic laws and regulations related to space and environmental planning, and to suggest directions to improve the laws and regulations. After the evaluation, this study has found the following results. First, it was found that the concept and basic principles of LID and LID planning and associated methods were no longer mirrored in the space planning-related laws and regulations. However, these problems are not confined to LID, and result from thefailurein applying environmental planning to space planning overall. Second, it was revealed that the environmental planning-related laws and regulations defined the terminologies and targets of LID and suggested different measures to improve LID-related policies differently depending on the backgrounds ofenforcing thelaws and regulations and on environmental properties. Finally, this study has suggested the directions to improve laws and regulations related to space and environmental planning as follows. First, it is necessary to enact a law to support the extended application of LID. Second, the law to be enacted should be connected to laws, enforcement ordinances and regulations, and guidelines related to space planning. Third, environmental benefits provided by both structural and non-structural techniques of LID should be quantitatively measured.

A Study on Nationality Criteria for Arbitral Awards between China, Hong Kong, Macao and Taiwan (중국, 홍콩, 마카오, 대만 상호 간 중재판정 국적결정 기준에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.121-140
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    • 2019
  • China, Hong Kong, Macao, and Taiwan have a singular political relationship. This distinctive relationship creates a unique impact on the nationality of the arbitral awards among the said countries. Each of these regions does not adopt the arbitral award of the other party as either a foreign arbitration award or a domestic arbitration award, but separately adopts the arbitral award in different jurisdictions within the same country. Therefore, in order to approve and enforce their arbitral awards in other areas, they have no choice to apply special laws or the conventions concluded between them, neither the New York Convention nor the individual arbitration laws in those areas. Therefore, this paper reviewed the convention and self-established laws among China, Hong Kong, Macao, and Taiwan regarding the approval and execution of the other arbitral awards. In addition, the domestic laws in China, Hong Kong, Macao, and Taiwan are compared with the New York Convention to ascertain the criteria for distinguishing domestic and foreign arbitral awards. This study also compared and analyzed what criteria were established for the determination of the nationality of the arbitral awards in the domestic law or the convention concluded in pan China. Through the analysis of these contents, the characteristics and problems of criterion for the determination of nationality among China, Hong Kong, Macao, and Taiwan were identified. Based on the results, this study examined the precautions Korean companies entering these regions should use in the arbitration system in these areas.

Development of Chinese Maritime Related Laws and Status and Interpretation in Legislation System (중국 해양관련 법령의 발전과 입법체계에서의 지위 및 해석)

  • Yang, Hee-Cheol;Lee, Moon-Suk;Park, Seong-Wook;Kang, Ryang
    • Ocean and Polar Research
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    • v.30 no.4
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    • pp.427-444
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    • 2008
  • The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

A Study on Improvement According to Korea and China Evacuation Laws in Office Building (오피스 빌딩의 한국과 중국 피난관련 법 검토에 따른 개선 연구)

  • Lee, Byung-Hyun;Lee, Kyung-Hee
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.29 no.2
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    • pp.51-56
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    • 2017
  • In the case of office buildings, domestic and Chinese evacuation laws were compared regarding the evacuation of horizontal and vertical buildings and evacuation to refuge safety areas. A simulation was conducted based on a refuge safety area in China. In the case of evacuating 1 floor, there was no significant difference in the flow of occupants to an ancillary room area in a domestic or Chinese building, but in China, the corridor width was narrower and the occupants have saw a long. In the case of evacuating 15 floors, the flow of occupants to an ancillary room area was different. In the case of China, it was possible for occupants to enter the ancillary room more quickly because the ancillary room area was wider than those found in domestic buildings, allowing quickly passage the ancillary room door. The results of this study found that if corridor width and ancillary room area were wider, evacuation times could be reduced.

The current status and legal review of advanced airway management implemented by 119 EMTs (소방 119구급대원에 의해 시행된 전문기도관리 현황 및 법적 고찰)

  • Park, Si-Eun
    • The Korean Journal of Emergency Medical Services
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    • v.25 no.2
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    • pp.169-186
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    • 2021
  • Purpose: This study aimed to analyze the data from public information disclosure about pre-hospital advanced airway management and identify the problem by considering domestic laws and guidelines. Methods: Data were collected between 2017 and 2018 and analyzed using SPSS 25.0. Then, the problems of the analysis results based on the relevant laws and practical guidelines were reviewed. Results: The review of domestic laws and practice guidelines revealed that ambulance nurses can implement supraglottic airway device only under the following three conditions: ① smart advanced life support pilot project area, ② trained to insert I-Gel, and ③ member of a special ambulance. In total, 21,574 cases of advanced airway management (endotracheal intubation: 2,428, I-Gel: 18,502, LMA : 499, KING AIRWAY: 144) were reported. In many cases, advanced airway management was performed by ambulance nurses who did not meet the above conditions, which was in violation of laws and guidelines. In addition, the prognosis of intubated patients was not followed up. Conclusion: The Korea National Fire Agency must stop all unlicensed medical practice by untrained, uneducated, and uncertified nurses and demand quality control programs for intubated patients.

Factors on Help-seeking Behaviors among the Disabled Experiencing Domestic Violence (가정폭력 피해 장애인의 외부도움요청 영향 요인)

  • Kim, Jae-Yop;Yi, Min-Gyeong;Park, Ji-Min
    • Journal of Families and Better Life
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    • v.31 no.5
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    • pp.109-123
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    • 2013
  • This study aims to investigate the factors on help-seeking behaviors among the disabled experiencing lifelong domestic violence and suggest practical plans to address the problems. According to an analysis of the data of the "2010 Domestic Violence Survey of South Korea", the occurrence rate of lifelong physical violence is 12.1% and that of severe physical violence is 6.2% among 273 adults with disabilities. The rate of help-seeking among the disabled experiencing lifelong domestic violence is 26.3%, which means two-thirds of the disabled experiencing domestic violence do so for a long time. The results of the study show that the experience of severe physical violence(p<.05), attitudes toward violence(p<.05), and awareness of domestic violence and related laws(p<.05) were found to have an impact on help-seeking behaviors among adults with disabilities experiencing domestic violence. However, an accepting attitude of disability and social connections of disabled were not found to have an impact on help-seeking behaviors. Based on these results, this study suggested raising awareness about domestic violence among the disabled, educating people with disabilities not to tolerate violence and informing them about the domestic violence-related legal system, and training service professionals (social workers, health professionals etc.) to screen the disabled for domestic violence and prevent them from becoming domestic violence victims.

Domestic Legislation for Acceptance of ' International Convention for the Control and Management of Ship's Ballast Water and Sediments ' (밸러스트수 국제협약 수용을 위한 입법화 방안)

  • Kim Kwang-Soo
    • Proceedings of KOSOMES biannual meeting
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    • 2005.11a
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    • pp.171-184
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    • 2005
  • As recently, ' International convention for the control and management of ship's ballast water and sediments ' was adopted, it is necessary to accept the international convention in Korea. The systems of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

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Domestic Legislation for Acceptance of 'International Convention for the Control and Management of Ship's Ballast Water and Sediments' (밸러스트수 국제협약 수용을 위한 입법화 방안)

  • Kim, Kwang-Soo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.11 no.2 s.23
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    • pp.83-96
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    • 2005
  • As recently, 'International convention for the control and management of ship's ballast water and sediments' was adopted, it is necessary to accept the international convention in Korea The movements of foreign countries for ship's ballast water control and management were investigated, and domestic environment-related laws were reviewed and compared regarding the discharge of industrial wastewater and ship's ballast water. Alternative measures of domestic legislation were suggested for acceptance of the international convention.

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A Study on Domestic Legislation Plan by Analysis of American Commercial Space Transport Laws (미국상업우주운송법 분석을 통한 국내상업우주운송법 제안)

  • Ahn, Hyo-Jung;Park, Jong-Hyuk
    • Journal of Aerospace System Engineering
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    • v.5 no.1
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    • pp.24-29
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    • 2011
  • The industry related to commercial space transport is growing rapidly as a futurity industry all over the world and America is leading them. If this trend continues, domestic individuals or private enterprises may plan for the commercial space transport business by adopting the advanced technology. Therefore it is necessary to make a law to control the business in our country for the industrial development and the growth related to commercial space transport. This paper provides outline for domestic commercial space transport law by the study and analysis of U.S. commercial space transport laws.