• Title/Summary/Keyword: Enforcement Ordinance

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A Study on Reform for Subordinate Laws of the Marine Leisure Safety Act (수상레저안전법 하위법령 개정방안)

  • Lee, Yun-Cheol;Yeo, Sook-Kyung
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.106-107
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    • 2005
  • Small vessels of less then 20 tonnage and leisure boats such as motor boats, sailing yachts, water motorcycle, etc have been excluded from the rules and regulations such as Marine Leisure Safety Act, Ship Act and Ship Safety Act for a long time in Korea. As a result, these small vessels and leisure boats have remained within the blind area of maritime safety and environment protection. Among these vessels and boats, some leisure boats such as motor boats of 20 horse power or more(excluding motor boats equipped with engine inside the vehicles), water motorcycles and rubber boats of 30 horse power or more are incorporated into the Marine Leisure Safety Act through the registry, safety inspection, insurance early 2005 in Korea. In relation to the scope of application of the national Acts concerned, I consider the conflicts between Acts and suggest the subordinate enforcement ordinance and regulations.

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A Study on the Evaluation Consulting Methodology of Important Information Communication Base Facility (주요 정보통신기반시설의 평가컨설팅 방법론에 대한 연구)

  • Lee, Young-Ro;Cho, Jae-Wan
    • Journal of Digital Convergence
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    • v.5 no.1
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    • pp.55-68
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    • 2007
  • It soaks but 2001 July information communication base step law enforcement and the Enforcement Ordinance are published to follow, in order to support the establishment of evaluation and protective measure in order the vulnerability analysis against the facility of the agency which manages an important information communication base hour opinion to designate information protection specialty enterprise. As information protection specialty enterprise being revealed evacuation laboratory back 12 enterprises from information communication department become designation as the consulting enterprise and they do an enterprise activity actively. It follows in diffusion of the IT and information reconciliation level the other side where our country belongs in the world-wide first group, the research against the disfunction plan of preparation comparison the fact that law it is come negligently all actuality. The network as it will give management coat fatal effect even at obstacle occurrence hour of instant for of case and IT facility of the cyber transactions which leads, in the future there to be to corporate management, there is a possibility the stable civil official of information Facilities for communications very seeing in the portion which is important. Present condition and important propulsion contents of information communication base step law enforcement after, against a vulnerability analysis of information protection relation field and evaluation consulting methodological application situation to sleep it researches from the dissertation which it sees consequently and it does.

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A study on the method of adoption of Korean law for the electro-technical officer (선박 전자기관사의 국내법적 수용방안에 관한 고찰)

  • Lee, Sang-Il;Choi, Jung-Hwan
    • Journal of Advanced Marine Engineering and Technology
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    • v.38 no.4
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    • pp.486-494
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    • 2014
  • IMO adopted comprehensive revisions to the International Convention and Code on Standards of Training, Certification and Watchkeeping (STCW) at diplomatic conference in Manila, Philippine in June 2010. In Korea, the legal amendment of Korean Marine Officers Act has been proposed to apply revised STCW convention to The Korean Law. The Korean Marine Officers Enforcement Ordinance Act currently working on follow-up and this legislation was passed in Legislation and Judiciary Committee. This thesis would like to look into the current status of how to apply the Electro-Technical Officers standard and license system from the Korean Marine Officers Act to be revised. Also, This study aims to effectively improve for Korean Marine Officers Enforcement Ordinance of Electro-Technical Officers system and to provide the policy proposal.

A Study on the System of the Arbitration Act Enforcement Ordinance (중재법시행령(안)의 체계에 관한 고찰)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.3-24
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    • 2014
  • The Arbitration Act of Korea entered into force on December 31, 1999. It was modeled after the UNCITRAL Model Arbitration Law to meet the goal of the internationalization of the arbitration system of South Korea mainly in terms of the System (Alternative Dispute Resolution) Act. In general, a hearing of arbitration is made up of an arbitrator, claimant, and respondent. This is accomplished in a single core. The advantages of arbitration are low cost and confidentiality. In addition, there is the participation of experts and rapidity with a single core agent. However, under the current Arbitration Act, there is no provision expressly relating to the qualifications of arbitrators. This should be accomplished by the arbitration act enforcement ordinance. Following specific details of the 'party' in conjunction with all the provisions of the Arbitration Act, Article 1 should be revised in a timely manner so that "conflict of private law" covers cases in which a dispute between the parties is desirable. In addition, in Article 3 the phrasing of "also dispute 'judicial'" should be revised to over disputes between parties. Furthermore, the provisions of Article 40 are described in the Supplement and so it is preferable to address Supplementary Delete. In addition, this study will analyze ADR in Japan and present a plan to establish a law to resolve disputes outside of court in that country. Therefore, the objective of this study is to assist in the study of legislating fundamental law for alternative dispute resolution. In spite of this, there are many in business and academia who would like to modify the arbitration system in South Korea to improve its function. There is much interest in accomplishing this,so proposals for legislation should continue to be made.In order to accomplish this, the arbitration systems of developed countries such as the United States can be used as a model. It can be seen that despite the idea that the parties involved engage in arbitration autonomously, many elements of the process from the selection of the arbitrator of the arbitral tribunal are specified in legislation and thus it is necessary to develop legislation that will allow arbitration to perform its intended function. Any given arbitral tribunal can be specialized, typically in a case an arbitrator who is an expert in the field is selected. This helps to avoid complaints concerning the results of the arbitration. In the case of international arbitration, however, this provision is often not employed and instead it is necessary to provide a Schedule and Supplement concerning international arbitration. Finally, the promotion of the enactment of the Arbitration Law Enforcement Ordinance must be a top priority in order to ensure proper implementation of the arbitration law.

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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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A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.417-426
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    • 2021
  • Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

Introduction to Responsibility Game System of Web Board Games (웹보드게임의 책임게임시스템 도입)

  • Han, Sang-geun;Song, Seung-keun
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2015.10a
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    • pp.388-389
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    • 2015
  • After being enforced web board game enforcement ordinance, the majority manufacturer of sales that had been operating a web board game was greatly reduced. This restriction is true and that it had a significant impact in preventing exchange and gambling resistance, abnormal use has occurred to still bypass. Therefore, in this study, you can either leave a note of the 'Web Board' sunset enforcement ordinance, and how the debate any changes are necessary and alternative dimension approach, especially we try to study an unusual user patterns that utilize the game system of responsibility as an alternative.

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Comparative Analysis of Anti-Terrorism Act and its Enforcement Ordinance for Counter-Terrorism Activities (대테러 활동을 위한 테러 방지법과 시행령의 비교 분석)

  • Yoon, Hae-Sung
    • Korean Security Journal
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    • no.48
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    • pp.259-285
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    • 2016
  • As the need for anti-terrorism legislation has been continuously argued, Anti-terrorism act has been enacted and enforced. On the other hand, there still remain a lot of points to be discussed regarding the definition of the concept of terrorism, matters of human rights violations, strengthening authority of the investigation and intelligence agencies, and mobilization military forces for the suppression of terrorism. Also, reviewing Anti-terrorism act and its enforcement ordinance draft, this legislation seems to regulate terrorist groups like IS. If so, in the case of terrorism of North Korea or domestic anti-government organizations, whether this law would be applied could become an issue. In the case of terrorism of North Korea, Ministry of National Defense has a right of commandership in the military operations, however, it is also possible to apply the article 4 of Natural Security Act a crime of performing objective-or a crime of foreign exchange on Criminal law as legal grounds for not military terrorisms but general investigations. Therefore, it is necessary to involve consideration about this matter. Furthermore, in the view of investigation, Anti-terrorism act and its enforcement ordinance draft do not mention Supreme Prosecutors Office and Ministry of Justice that conduct investigations. In the case of terrorism, the police and prosecution should conduct to arrest criminals and determine crimes at the investigation stage, however, any explicit article related to this content in Anti-terrorism act and its enforcement ordinance draft was unable to be found. Although Anti-terrorism act is certainly toward preventive aspects, considering some matters such as prevention, actions on the scene, maneuver after terrorism, arresting terrorists, investigation direction, cooperation, and mutual assistance, it is necessary to reflect these contents in Anti-terrorism act. In other words, immediately after terrorists attacks, it is possible to mobilize the military operations by Integrated Defense act in order to arrest them in the case of military terrorism. Nevertheless, because both military terrorism and general one are included in the investigation stage, it needs to begin an investigation under the direction of the prosecution. Therefore, above all, a device for finding out the truth behind the case at the investigation stage is not reflected in the current Anti-terrorism act and its enforcement ordinance draft. Accordingly, if National Intelligence Service approaches information at the prevention level in this situation, it may be necessary to come up with follow-up measures of the police, the prosecution, and military units.

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