• Title/Summary/Keyword: Enforcement

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Characteristics of the Chinese Civil Procedure System and Enforcement of Interim Measures in Arbitration and Arbitration Awards in China (중국 민사소송제도의 특색과 중재절차에서의 임시적 처분 및 중재판정의 집행)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.161-199
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    • 2019
  • As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People's Court of China unless there is a special reason. In Korea, three instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

An Exploratory Study on the Policy for Facilitating of Health Behaviors Related to Particulate Matter: Using Topic and Semantic Network Analysis of Media Text (미세먼지 관련 건강행위 강화를 위한 정책의 탐색적 연구: 미디어 정보의 토픽 및 의미연결망 분석을 활용하여)

  • Byun, Hye Min;Park, You Jin;Yun, Eun Kyoung
    • Journal of Korean Academy of Nursing
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    • v.51 no.1
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    • pp.68-79
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    • 2021
  • Purpose: This study aimed to analyze the mass and social media contents and structures related to particulate matter before and after the policy enforcement of the comprehensive countermeasures for particulate matter, derive nursing implications, and provide a basis for designing health policies. Methods: After crawling online news articles and posts on social networking sites before and after policy enforcement with particulate matter as keywords, we conducted topic and semantic network analysis using TEXTOM, R, and UCINET 6. Results: In topic analysis, behavior tips was the common main topic in both media before and after the policy enforcement. After the policy enforcement, influence on health disappeared from the main topics due to increased reports about reduction measures and government in mass media, whereas influence on health appeared as the main topic in social media. However semantic network analysis confirmed that social media had much number of nodes and links and lower centrality than mass media, leaving substantial information that was not organically connected and unstructured. Conclusion: Understanding of particulate matter policy and implications influence health, as well as gaps in the needs and use of health information, should be integrated with leadership and supports in the nurses' care of vulnerable patients and public health promotion.

The Improvement Plan on Unifying from Law and Regulations Related to Radiation (방사선관계법 개정 시 용어 적용에 관한 개선 방안)

  • Jeong, Dong-Kyong;Lee, Jong-Back;Park, Myeong-Hwan
    • The Journal of Korean Society for Radiation Therapy
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    • v.18 no.1
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    • pp.7-12
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    • 2006
  • Purpose: This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Materials and Methods: Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Results: Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Conclusion: Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

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An Extended Role-based Access Control Model with Privacy Enforcement (프라이버시 보호를 갖는 확장된 역할기반 접근제어 모델)

  • 박종화;김동규
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.29 no.8C
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    • pp.1076-1085
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    • 2004
  • Privacy enforcement has been one of the most important problems in IT area. Privacy protection can be achieved by enforcing privacy policies within an organization's data processing systems. Traditional security models are more or less inappropriate for enforcing basic privacy requirements, such as privacy binding. This paper proposes an extended role-based access control (RBAC) model for enforcing privacy policies within an organization. For providing privacy protection and context based access control, this model combines RBAC, Domain-Type Enforcement, and privacy policies Privacy policies are to assign privacy levels to user roles according to their tasks and to assign data privacy levels to data according to consented consumer privacy preferences recorded as data usage policies. For application of this model, small hospital model is considered.

The Challenge of Arbitral Awards in Pakistan

  • Mukhtar, Sohaib;Mastoi, Shafqat Mahmood Khan
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.37-57
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    • 2017
  • An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

A comparative Analysis of Perception of Health Professionals and Pharmaceutical Companies on the Positive List System (선별등재 제도에 대한 전문가와 제약회사의 인식도 비교분석)

  • Ha, Dong-Mun;Lee, Su-Kyoung;Kim, Dae-Up;Chung, Kyu-Hyuck;Lee, Eui-Kyung
    • YAKHAK HOEJI
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    • v.54 no.4
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    • pp.309-315
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    • 2010
  • The Positive List System was newly introduced in South Korea as of January 2007. This study aims to survey and compare perception of and attitudes toward the Positive List System in the process of new drug listing that health professionals and pharmaceutical companies have. 50 professionals and 52 companies answered the questionnaire regarding health policy environments, policy decision/enforcement process, policy effects and satisfaction related to introducing the Positive List System. SAS 9.1 was used for statistical analyses. The results showed that participants had the general sympathy with health policy environments for the introduction of the Positive List System into South Korea. However, the response rates of policy decision/enforcement process and effects were negative and these tendencies were more striking in pharmaceutical companies. As for policy satisfaction, participants marked positive responses more than negative ones. It is necessary to remedy and supplement problems with policy decision/enforcement policy and effects revealed in this study and to improve the Positive List System through gathering opinions among groups and organization concerned.

A Study on the Installation of the Automated Speed Enforcement Camera for the Effectiveness (자동 과속단속시스템의 효과 증진을 위한 설치 방안 연구)

  • Kim, Yong-Seok;Cho, Won-Bum
    • Journal of Korean Society of Transportation
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    • v.23 no.5 s.83
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    • pp.35-45
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    • 2005
  • The speed enforcement camera has been regarded as one of the most important safety countermeasures. Drivers decelerate in front of the speed enforcement camera and gain speed up after passing the camera. So there is a strong need to develop the method how to place the camera to overcome this problem. This study applied the concept of design consistency to the installation of the camera, so speed difference along the road sections should be controlled within the predetermined boundary. Specially, this study also regarded camera as the one of the elements of the road alignments which can change the speed of drivers abruptly, and suggested the way to put this concept into the selection of the placement of the camera.

A Study on the Introduction of Allocated Catch quota System (쿼타관리제도의 국내 여행에 관한 연구)

  • 박장일
    • The Journal of Fisheries Business Administration
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    • v.26 no.1
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    • pp.41-54
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    • 1995
  • Recently our government intended to change the present fisheries management system into the allocated catch quota system, which is to increase the income of fishermen and to recover the depleted resources up to a desirable level. This paper is to find out the difficulties of introducing the allocated catch quota system into our fisheries mangement system and to reduce the possible errors for the enforcement of this system. The allocated catch quota system can be devided by two kinds, the one is to allocate among industries or fisheries with total allowable catch(TAC) and the other is to allocate among fishermen or individual vessels with individual fish quota(ITQ). The latter is a much advanced control system compared with the former and is what this study treats. This paper reviewed the case of Newzealand and Canada where the ITQ system is introduced earlier and classified the problems by two parts for successful introduction into Korea as follows : (1) allocation method problems, (2) enforcement problems. For the first part the problems to be considered are 1) a scientific oath qouta calculation system is necessary, 2) the quota must be opened, 3) by-catch problems. 4) interactions with adjoining countries. For the second part the problems to be considered are 1) monitoring system, 2) quota transferability, 3) quota flexibility, 4) the enforcement of the system must be connected with the reduction of fishing power, 5) a mass communication and decision making system between government and fishermen is essential.

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The meaning of the place of arbitration on the international commercial arbitration (국제상사중재에 있어서 중재지의 의미)

  • O, Seog-Ung
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.3-22
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    • 2008
  • The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

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The Study on Application of Image Processing System to enhance the Efficiency of Enforcement System for Overlimit(Overweight) Vehicles (운행제한(과적)차량 단속체계 성능 개선을 위한 화상인식 시스템 활용에 관한 연구)

  • Lim, Hyuk-Kyu;Kim, Hyun-Suk;Park, Hyun-Suk;Han, Dae-Cheol;Kim, Byeong-Ki;Kim, Ju-Hyun
    • Proceedings of the KIEE Conference
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    • 1999.07b
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    • pp.674-676
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    • 1999
  • At present electrical and electronic technologies is rapidly improved, and they have formed their market widely. New technologies such as traffic signal system, navigation system and unmanned vehicle are connected with transportation field. Among these advanced technologies, the Image Processing Technology has been used for the astro-navigation, medicine, military field and so forth. Recently The Image Processing Technologies are widely applied to traffic enforcement system for signal, speed limit and HOV lane. In this study we developed the advanced enforcement system for over limit(overweight)vehicles using Image Processing System.

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