• Title/Summary/Keyword: Improvement of legislation

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A study on improvement of legislation for the safety fishing operation of the coastal and offshore fishing vessels (연근해어선의 안전조업을 위한 법제 개선방안)

  • Seung-Hyun LEE;Yun-Cheol LEE
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.59 no.2
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    • pp.172-180
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    • 2023
  • Although it is highly dependent on the production of coastal and offshore fishing, the Fishing Vessels Safety Fisheries Act was enacted in 2019 due to the continuous increase in marine accidents of coastal and offshore fishing vessels. However, the law is too focused on fishing and navigation in certain waters and does not contain accident-preventive content. Ministry of Oceans and Fisheries proposes a plan to revise the Fishing Boat Safety Fishing Act through legal comparison with Japan's Seafarers' Labor Sanitation Rules. It also proposes an amendment that includes the content of the Seafarers Act on post-accident action obligations. Under the Fishing Vessels Safety Fishing Act, the safety fishing education is implemented for specific people and adopts a method of delivery education after completing the education. The reason for this is that the educational requirements are not sufficient compared to the number of education personnel. Moreover, four hours of education are conducted once a year, which is not suitable for insufficient educational conditions. For efficient safety fishing education, improvement measures are proposed compared to education in the United States and the United Kingdom.

A Comparative Study on the Legal System for Risk Assessment in the Workplace (사업장 위험성평가에 관한 법제의 비교법적 고찰)

  • 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.304-316
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    • 2021
  • Objectives: By comparing and analyzing the legal system for risk assessment in South Korea with other advanced countries, the study is designed to identify the key elements of risk assessment and seek improvement measures while focusing on solutions to the execution of risk assessment violations. Methods: The study started with an awareness of the need to improve the legislation on the risk assessment of businesses in Korea. In order to reflect this problem consciousness in Korea's industrial safety and health legislation, risk assessment legislation in Japan, Britain, Germany, and Korea was analyzed in comparative terms through the literature. Results: Unlike the other advanced countries, the concept of risk assessment is defined in Korea in a broad sense that includes measures to reduce risk, and risk assessment in the manufacturing and design stages is not institutionalized. In the case of worker participation, there is a problem regarding effectiveness. It is problematic that compared to the other foreign countries there is a possibility that general risk assessment will be neutralized because it is recognized as a uniform general risk assessment for a particular risk assessment, as well as inadequate risk assessment. Conclusions: The areas diagnosed with problems compared to the legislation in other advanced countries should be improved by revising laws and administrative rules and supplementing the explanatory guidelines, etc. by referring to the legislation of these countries. In particular, the issue of enforcement for violations of risk assessment must be improved in order to ensure the effectiveness of risk assessment.

Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

The Analysis on the Soongrae-Mun fire and it's improvement measure (경비업무적 관점에서의 숭례문화재사고 분석과 대책)

  • Chung, Tae-Hwang;Lee, Choong-Soo
    • Korean Security Journal
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    • no.16
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    • pp.321-338
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    • 2008
  • Soongrae-Mun Fire shows safety problem in Korea intimately. People have pressed for the responsibility of persons in charge and have asked for improvement measure whenever Fire accident occur, but similar accidents occur again without any improvement. This research is to provide improvement. measure on the base of the analysis of the cause of Soongrae-Mun fire to prevent similar accident, also to help private security company do effective security job. This research is approached from a security point of view. A lot of accidents occur by direct cause such as people's unsafe action and unsafe condition. but it is very difficult to remove the facts of direct cause, so the facts of indirect cause should be analyzed together. Drew-up of security related legislation should be included when the establishment of fire fighting related legislation is examined, also technical improvement should be examined with legislation. security company should be concerned about securing of expertise and reinvestment for the improvement of expertise to overcome limitations of private security such as job boundary, capability and responsibility. Also private security company should try to service for public benefit and to examine practical compensation for loss occurred by mistake of security company.

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Composting Potentials of Food Waste in Seoul and Its Utilization (서울시 음식물쓰레기의 퇴비화 이용 방안)

  • Chung, Jae-Chun;Yoo, Kee-Young;Yoon, Ha-Yeon;Huh, Seok
    • Journal of Animal Environmental Science
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    • v.1 no.1
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    • pp.83-102
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    • 1995
  • Composting is an ecologically sound method of recycling organic waste. Its advantages include the maintenance of soil fertility and improvement of soil physicochemical property. It is an essential part of the waste minimization. That is, composting should be included to increase the recycling rate up to more than 20%. To encourage composting of waste, it is necessary to develop some effective composters of small scale facilities and densely populated areas. For medium and large-size facilities, the optimum process should be selected. Technical counselling and support is desirable for small scale composters for urban residential and rural area. On the other hand, adequate amendment of relevant legislation should be followed to encourage composting. An example of unreasonable legislation is the current fertilizer management act. According to the regulation, the maximum allowable limit of lead in the compost is less than 150ppm, which is too strict. This limit should be increased to at least 300ppm, which is the observed level in most states in USA. At the same time, sound infrastructure should be established and decent publicity work should be achieved to accelerate composting activity. In this paper the desirable standard for some heavy metal concentration in the compost were suggested.

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The Federal Legislations and School Library Standards in the School Library Development of the U. S. (미국 학교도서관 발전에 있어서 연방 법률과 학교도서관 기준)

  • Kwak, Chul-Wan;Choi, Jae-Hwang
    • Journal of Korean Library and Information Science Society
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    • v.39 no.2
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    • pp.109-124
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    • 2008
  • The purpose of this study Is to investigate how federal legislations for school libraries and school library standards have affected the development of school libraries in the U. S. The U. S. school library statistics, school library standards, and federal legislation were analyzed. The results show that school libraries have been developed by continuous supporting from federal legislation, rather than that of states' governments or school districts. The school library standards also are considered important factors for school libraries' improvement. As understanding the history of the U. S. school libraries' development, Korean school libraries are needed persistent supports from Korean government.

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Case Study on Technology and Regulation Improvement of Subway Maintenance Monitoring (지하철 유지관리 계측의 기술 및 제도 개선방안 연구)

  • 우종태;김홍석
    • Proceedings of the Korean Geotechical Society Conference
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    • 2000.03b
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    • pp.303-308
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    • 2000
  • By means of analyzing of monitoring technology and monitoring regulation based on maintenance monitoring system installed in subway tunnel section, it needs monitoring system, development of operating program, monitoring analyzing system and development of analysis method, establishment of maintenance monitoring standard specification, and performance of responsible monitoring supervision for applying to subway monitoring maintenance effectively in future. It requires specialized monitoring and legislation of monitoring subcontract, improvement of monitoring work contract method, establishment the standard payment of monitoring, and effective calibration and correction of monitoring system in the plan of improving monitoring regulation.

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The Legislation Process of Landscape Protection and Management: Learning from the Foreign Cases (경관의 보호와 관리를 위한 법제화 과정 -국제적 선례를 중심으로-)

  • Ryu, Je-Hun
    • Journal of the Korean Geographical Society
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    • v.48 no.4
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    • pp.575-588
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    • 2013
  • The concept of cultural landscape, which is defined in the World Heritage Convention, provides a new framework with which to manage the heritage sites. European Landscape Convention proposes that landscape is the basic component of natural and cultural heritage, which in turn contributes to the improvement of human well-being and consolidation of the European identity. While recognizing the international trend, Japan has strived to improve the level of managing and protecting the landscape and cultural landscape through the enactment of Landscape Law and the revision of Cultural Property Protection Law. Now that landscape and cultural landscape has occupied the core of heritage management in the advanced countries, it is required more than ever that the concept of landscape and cultural landscape should be clarified through the legislation and convention in Korea. If the legislation for protecting and managing the landscape and cultural landscape is prerequisite for Korea to be an advanced country, a careful and in-depth examination, along with the consideration of the Korean circumstances, should be further carried out on the international experiences about the legislation from the comparative perspective.

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Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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Problems and Improvement Directions for Damage Investigation of Aquaculture Products from Natural Disaster (양식수산물 자연재해 피해조사의 문제점과 개선방향 연구)

  • Kang, Jong-Ho;Moon, Gun-Ho
    • The Journal of Fisheries Business Administration
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    • v.50 no.3
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    • pp.31-42
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    • 2019
  • This study aims to determine problems of the damage investigation system of aquaculture products resulting from natural disaster and to deduce improvement plans for such problems. The main problems revealed from this study were as follows: 1) detailed damage investigation is carried out only by one particular organization, 2) for aquaculture insurance subscribers another detailed damage investigation is conducted to reveal the causes of natural disaster by a joint investigator team formed according to a different legislation with a different purpose, 3) damage investigation is usually suffered from lack of labor, budget and time due to the restriction of natural damage to a certain period of season leading to the absence of quick reaction capability for irresistible natural disasters, and 4) there are no specified procedures and protocols for deciphering causes of a natural demage. The improvement plans to find solutions for such problems are as follows: 1) for the investigation, the object, method and role of the investigation organization should be clarified by improving the present legislation, 2) investigation methods for determining the demage causes should be systematized by making a manual to minimize disputes, and 3) supports for the investigation organization should be institutionalized to guarantee sufficient budget and manpower. Under the present circumstance with continuous natural damages, smooth procedures of damage compensation would lead to the management stability of aquaculture farms.