• Title/Summary/Keyword: Enforcement Measures

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Important Issues of the 2016 Revision of the Korean Arbitration Act (2016년 개정 중재법의 주요내용)

  • Lee, Ho-Won
    • Journal of Arbitration Studies
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    • v.30 no.1
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    • pp.3-37
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    • 2020
  • The Korean Arbitration Act (KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration. Korea is trying to be an international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. KAA was revised in 2016 again in order to reflect the criticisms against the previous KAA, changes in the arbitration environment, and the 2006 amendment to the UNCITRAL Model Law. The basic direction of the revision was to maintain the UNCITRAL Model Law system and to deal with the national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitral tribunals, recognition/enforcement of arbitral awards, and their annulment. This paper aims to introduce the important issues of the 2016 revision of KAA, to offer important information discussed in the process of revision, and thus to help those concerned in the interpretation and implementation of KAA. The 2016 revision of KAA is expected to help greatly in promoting not only the national arbitration, but also the international arbitration in Korea.

A Study on Environment Change of Ocean Security and Future Direction for Korea Coast Guard (해양안보의 환경변화와 해양경찰의 향후과제에 관한 연구)

  • Cho Dong-Oh
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.12 no.3 s.26
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    • pp.225-231
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    • 2006
  • The ocean provides with not only the global environment and ecology, which is essential for human beings survival, but also various resources for human beings prosperity. The ocean security is to secure and keep the benefits that the ocean provides with to human beings. It is essential to keep enforcement measures for the ocean security. Major marine countries are challenging to secure ocean environment and resources since UNCLOS. The utmost policy priority should be given to the ocean security in Korea.

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On the Application of Public Search Measures to Detect and Obtain Information

  • Kozytska, Olena;Tsilmak, Olena;Protsenko, Olena;Yankovyi, Mykola;Lysenko, Аndrii;Shulzhenko, Assol
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.109-112
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    • 2021
  • The article considers the state of legislation that regulates the use of public methods of obtaining information by authorized state bodies. The correlation of public investigative (search) actions with operative-search measures as concepts denoting the application of public methods of obtaining information has been studied. In addition, it argues the need for more detailed delineation and legislative regulation of public investigative (search) actions and operational and investigative measures at the legislative and departmental levels. The purpose of the article is to analyze certain provisions of the Law of Ukraine "On operational and investigative activities" to identify inconsistencies in the content of the text of the law in order to correct and prevent ambiguity in the theory and practice of law enforcement.

Effect Analysis of Public Data-Based Automatic Traffic Enforcement Camera Installation Using the Comparison Group Method (비교그룹방법을 이용한 공공데이터 기반 교통단속장비 사고감소 효과분석)

  • Yunseob Lee;Yohee Han;Youngchan Kim
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.22 no.6
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    • pp.168-181
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    • 2023
  • This study analyzed the effects of traffic enforcement on accident reduction. The results revealed a significant reduction in both overall accidents (28.53%) and fatal accidents (39.44%). Notably, enforcement equipment targeting speed limits of 30 km/h and 50 km/h demonstrated similar accident reduction rates of 42.23% and 25.85%, respectively. However, variations were observed based on accident types and types of traffic violations. Therefore, it is evident that enforcement equipment yields distinct accident reduction effects depending on speed limits and types of traffic accidents. This finding underscores the potential for making informed policy decisions to enhance traffic safety measures.

Due to climate change policies Researches by the role of local government (기후변화 대응 지방자치단체의 역할에 따른 정책 연구)

  • Bae, Ki-Tae;Ree, Sang-Bok
    • Proceedings of the Korean Society for Quality Management Conference
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    • 2010.04a
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    • pp.474-482
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    • 2010
  • The Research of local governments in addressing climate change policy formulation and enforcement role in the formulation of local governments, and faithful to the role of local governments when addressing climate change to policy issues and is aimed to provide direction. The role of local governments' Star Statement by looking at best practices, through which more realistic and effective climate change response measures would be able to set aside. Local party organizations in addressing climate change and understanding the role and establishment and enforcement of the policy must be balanced community and residents more comfortable and be able to provide a comfortable life.

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Study on The Safety management Situations and The management methods for Small & Medium sized enterprise (중.소규모 사업장의 안전관리 실태 및 관리 방법에 관한 연구)

  • Kim Brung-Suk;Rhim Jea-Dong
    • Journal of the Korea Safety Management & Science
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    • v.7 no.5
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    • pp.31-41
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    • 2005
  • In order for the analysis of effect in the respective preventive measures which is being carried out by a small & medium sized company against any potential accident, this research relates to the followings: We investigated the situation of an accident occurred in the company in which his obligation of selecting a safety manager is exempted, in accordance with the industrial safety & healthcare & enforcement ordinance, enforcement rule. We investigated the situation of an accident occurred in the company which entrusted the specialized organization with his own safety control notwithstanding it is free from an obligation to have any safety manager for aiming at the comparison and analysis of the outcome. The economic and preventive effect of industrial accident has been compared and analyzed in order to strengthen the obligation of selecting a safety manager.

Development of an Improved Inspection System for Slopes adjacent to Educational Facilities (개선된 교육시설 인접 사면 점검체계 구축)

  • Ko, Jun-Young;Lee, Joon-Kyu;Park, Ku-Byoung;Lee, Byoung-Ho;Kim, Jae-Young
    • Journal of the Korean Institute of Educational Facilities
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    • v.28 no.4
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    • pp.3-10
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    • 2021
  • This study presents an improved inspection system for slopes adjacent to educational facilities. For this, field investigations for 5 schools and 3 universities were performed to analyze the engineering stability of infrastructures, which ensure the safety of students and educational officers. Educational laws and the relevant enforcement are reviewed to understand the problems of current laws and enforcement. The results reveal that the engineering measures and reinforcement are required for the slopes of 36%. Also, the improvement of social awareness and regular inspection is needed to maintain the educational infrastructures. The suggested inspection system includes the fundamental and detailed checklists and guidance for non-engineering specialists.

A Study on the Countermeasures of the Enforcement of Fatigue Management Act of Flight Dispatcher (운항관리사 피로관리 법령 시행에 따른 대응 방안 고찰)

  • Inseok Bae;Hojong Baik;Janghoon Park
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.30 no.4
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    • pp.92-97
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    • 2022
  • In the Aviation Safety Act, the part about fatigue management of Flight dispatcher was added as an amended law. Prior to the amendment of the Act, the regulations on fatigue of flight dispatcher governed by the FOM approved and reported by airlines according to the Ministry of Land, Infrastructure and Transport, but were enforced by law from June 9, 2021. In this study, the scope and work type of flight dispatchers are checked, and unlike flight attendants, it is intended to consider legal working hour management measures for flight dispatchers according to the enforcement of the fatigue management act.

Current State and Challenges of Japan's Accreditation System under the ADR Act (일본 ADR법상 인증제도의 현황과 과제)

  • Kim, Sang-Chan
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.3-29
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    • 2012
  • The Alternative Dispute Resolution (ADR) Act in Japan was proclaimed on December 1, 2004, and five years have passed since the act took effect on April 1, 2007. The ADR Act enables qualified dispute resolution businesses to be certified as ADR business holders through the government's accreditation system, contributing greatly to the advancement of a private ADR. As of June 2012, the number of ADR institutes certified by the government had increased to 112. Article 2 of the supplementary provisions of Japan's ADR Act provides as follows: "The government should review the progress of the Act five years after enforcement, and take measures, if recognized as necessary, based on the results." Any problems revealed in the process of implementing the act are expected to be revised after five years of enforcement. To this end, the academic circle established an association called the Arbitration ADR Act Society in 2004, considering issues of the ADR Act and measures to improve the legislation, making policy suggestions, and working to improve management of the act, through seminars, forums, and a journal. The Japanese ADR Association, composed of ADR institutions as members, put forward a proposal entitled "Toward the Revision of the ADR Act" to the Ministry of Justice on April 2, 2012. This paper intends to identify the current state of the accreditation system, one of the most important systems under the ADR Act in Japan, in consideration of ADR Act revision. In particular, the examination includes measures to improve the accreditation system as well as data analysis of the application of accreditation, the current state of accredited institutions, and the ADR performance of accredited ADR businesses. In Korea, an ADR act has not been legislated yet, although the issue is being actively considered. This paper will be a meaningful reference for the Korean government in developing an accreditation system for inclusion in its ADR act in the future.

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A Study on the Reform Measures for the Act on the Acqusition of Land for the Public Undertakings and Compensation : Focused on the Case of Harbor Construction ("공익사업을 위한 토지 등의 취득 및 보상에 관한 법률"에 의한 어업보상 적용사례와 문제점 및 개선방안에 대한 연구 : 항만 개발사업을 중심으로)

  • Moon, Jeong-Gab;Kang, Yong-Joo
    • The Journal of Fisheries Business Administration
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    • v.37 no.3 s.72
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    • pp.85-108
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    • 2006
  • The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

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