• International Commerce and Information Review
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• 제17권3호
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• pp.203-222
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• 2015

Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

• The Korean Society of Law and Medicine
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• 제20권2호
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• pp.83-107
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• 2019

This article focuses on §10 of Criminal Act of the Republic of Korea to discuss how to determine criminal responsibility of a perpetrator suffering from mental disorders, while reviewing existing process and standards of mental examination at each stage of the criminal procedure as well as exploring suggestions regarding how they should be complied. The determination of the sanity or criminal responsibility of the mentally ill as defined in the §10 of Criminal Act, by its nature, cannot be approached with a traditional, clear-cut dichotomy of biology by medical practitioner and psychology·normative science by lawyer. Looking into the actual procedure of determining mental and physical disorder with special consideration of mental illness reveals the inevitability of collaboration between lawyers and psychiatrists. In the meantime, the process and standards of mental examination at each stage of the criminal procedure must be definitive and clear. First of all, during the investigation stage, examination prior to prosecution should be more actively encouraged, considering that judging sanity of the perpetrator at the time of committing a criminal act is important. During the trial stage, the mandatory examination must be conducted depending on the sensitivity and gravity of the case. Next, medical examination to determine criminal responsibility and the one to order treatment and custody must be separately conducted in order to properly execute medical treatment and custody. Obligatory mental examination could be considered both during the stage of request for and execution of the treatment and custody. Lastly, the procedure of examination and format of examination documents need to be standardized for better objectivity and reliability.

• Spatial Information Research
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• 제21권6호
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• pp.69-80
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• 2013

Our country has made every efforts to develop Real Estate Transaction culture with emphasis on Licensed Realtors by introducing Real Estate Transaction Law in 1983. Also, MOLIT(Ministry of Land, Infrastructure and Transport) designated several organizations including KAR(Korea Association of Realtors) as Real Estate Transaction Information Network Licensees for data credibility enhancement and transaction transparency. Nevertheless, the level of law abiding spirit and transaction culture are still similar to those of the old 'Bokdeokbang' era. The under-developed transaction behaviors prevent the social capital of people's credibility on Licensed Realtors from advancing, and results in the outcomes of unnecessary social cost. That is, very low credibility on the data on Sales Items in the market and the fear of speculative real estate price uprise and market distortions are continuing on. In this context, the purpose of this study is to propose the model of GIS-based Modernized Real Estate Transaction System and its execution policies to support credible Real Estate Information to the general public for efficient transactions in the market. Accordingly, the study aims at contributing to the modernization of Real Estate Transactions, fostering competitiveness of Realtors in the Real Estate Market.

• Spatial Information Research
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• 제17권3호
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• pp.269-276
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• 2009

For the development and management of u-City(ubiquitous city), Ubiquitous City Construction Law was enacted(March 3, 2008) to form the legal basis of u-City plan, construction and managements afterwards. Among u-City elements, the u-City Management Center has its own meaning and importance in roles which are crucial to the u-City developments, and its legal establishment is one of the core u-City realization factors. The purpose of this study is to analyse its overall problem issues regarding the function and location of u-City Management Center and then to suggest the basic direction and enforcement strategies to form its legal basis. As a result, in order to enhance the possibility of successful realization of u-City Management Center, the classification and standardization of function type, allocation of detailed functions based on u-City project hierarchy, and practical definition and relationships among basic u-City components such as u-City Service and Infrastructure were suggested. Also, practical execution devices on revenue sources and private sector participation, as well as the legal basis stipulating the mandatory inclusion of u-City Management Center development for u-City projects, were suggested.

• Ocean policy research
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• 제33권2호
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• pp.83-119
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• 2018

Under the Korean Marine Environment Management Act (hereunder, the KMEMA), the duty to arrange spill clean-up equipments, including spill clean-up vessels, required by the article 67 of the KMEMA is in essence the provision of public goods since it is a precautionary or preventive measure for the efficient performance of oil spill cleaning up. Also the obligation to control marine pollution and the duty to arrange of anti-pollution measures imposed on polluters is the obligation imposed by the public law in accordance with "the Polluter-Pays Principle". Therefore, the execution of such obligations shall be accompanied by the minimum legal and institutional arrangements. On the other hand, judging whether to form the roles of the public and private sectors in providing public goods is basically a matter of policy decision. However, even if the private sector is allowed to participate in the provision of public goods, it is imperative that a minimum requirement be provided to secure the public interest. Although major countries allows polluters to conclude a preliminary contract with a civil anti-pollution management company, these civilian institutions are in principle constituted by the owners of oil storage facilities. Additionally it is worth noting that it operates as a non-profit organization. In particular, if the practitioner performs pollution control for commercial purposes, their profitability may depend on the size of the pollution, the period spent on pollution control, the size of the equipment and manpower mobilized in the pollution control, and so on. Considering the above problems, caution should be taken to allow marine environmental management companies to be un-limitedly entrusted with the responsibility of arranging measures such as pollution control. In order to allow the marine environmental management contractor to be entrusted for the assignment of duty to protect the marine environment, the marine environment management business should be expanded so that the marine pollutant management capacity satisfies the statutory control capacity. For this purpose, it is necessary to manage and supervise the maintenance and improvement of the control capability of the marine environment management business. It is also necessary to discuss the introduction of the grading system for the control ability of the civil control companies alike in major countries.

• Journal of the Korean Data and Information Science Society
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• 제23권5호
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• pp.905-912
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• 2012

We are dealing with the Bayes' rule education tool with Excel Macro and its usage example. When an event occurs, we are interested in whether it does under certain conditions or not. In this case, we use the Bayes' rule to calculate the probability. Bayes' rule is very useful in making decision based on newly obtained statistical information. We introduce an efficient self-teaching educational tool developed to help the learners understand the Bayes' rule through intermediate steps and descriptions. The concept and examples of intermediate steps such as conditional probability, multiplication rule, law of total probability, prior probability and posterior probability could be acquired through step-by-step learning. All the processes leading to result are given with diagrams and detailed descriptions. By just clicking the execution button, users could get the results in one screen.

• Korean Journal of Occupational Health Nursing
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• 제7권1호
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• pp.97-114
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• 1998

The occupational health services for the minor enterprises are poor comparing with that of large enterprises in Korea. In 1997, Korean government announced officially the law on joint employment system of occupational health practitioners to solve the problems. This study is to develop the model on the joint employment system of occupational nurse practitioners for minor enterprises in Korea based on the opinions of occupational health nurses (OH Ns). The data were collected by questionnares from October to November in 1997. The number of subjects was 210 occupational health nurses who had participated the mandatory nursing education program provided by the Korean Occupational Health Nurses Association(KOHNA). The response rate was 47.1%. The contents of questionnaires were general characteristics, occupational & job characteristics of OHNs, and the views on the joint employment system. The SAS-PC program was used for the statistical analysis. The results were as followed, (1) The proper number of industies was 3 and the appropriate number of workers was 448 for one joint employed occupational nurse practitioner (J EONP). (2) 44.7% of the OHNs wanted that the Ministry of Labor monitored the way and content of contraction b/w JEONP and minor emterprises, 82.6% of the OHNs wanted that KOHNA managed the employment informations. (3) The OHNs of occupational health agencies showed more positive attitude than the OHNs of private industries on the joint employment system. (4) 88.3% of the OHNs wanted the education training for JEONP. Especially in occupational hygiene and safety control. (5) The OHNs expected the role expansion of Occupational Health Nursing by JEONP system. At the same time they worried the adverse effects. For the successful execution of this system, it is necessary the cooperation among the Ministry of Labor, KOHNA, the minor enterprises, and the OHNs.

• Journal of Technologic Dentistry
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• 제13권1호
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• pp.53-59
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• 1991

This study aimed at inquiring into the basic theory on CIEO(the Cooperation between Industry and Educational Organizations), grasping and analyzing the present situation of the health junior college, the present condition of CIEO and into problem and seeking to find a solution to activate the CIEO of the health junior colleges. This study suggested five methods as the method of consolidating the on-the-spot-training as below : 1. The execution of the basic research for the on-the-spot-training. And the reorganization of the existing curriculum into the curriculum the industrial organization requires. 2. The participation in solving commonly the problems of the industrial organization and in education. The establishing of the guidance system assuming exclusive charge of the on-the-spot-training. 3. The extension of the period of the on-the-spot-training and the reorganization of an educational system. The submission of the evaluation sheet for the on-the-spot-training. 4. The securing of the educational dost spent on the on-the-spot-training and the imposition of benefits on the industrial organization. 5. The persistent support for the on-the-spot-training at the governmental dimension. It is required that the CIEO law should be enacted as the legal and institutional solution and that government should lend systematic support to the business enterprise exeuting the industrial educational cooperation such as the institutional support for and the imposition of benifits on the cost of research. The cost of research and development, the cost of internal education and training, and the cost of experiment and practice.

• Journal of Society of Preventive Korean Medicine
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• 제10권2호
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• pp.63-80
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• 2006

Public health oriental medical doctor has played a great role in providing oriental medical treatment and oriental medical health program with public health medical services, the basic infrastructure, however, is not sufficient. In this study, the researcher surveyed the treatment working or service condition of public health oriental medical doctor. 1. The payment, allowance of doctors are fixed upon the law and guideline according to the financial status of local government. The branch of public health center has more support like an official residence with expenses. 2. The public health center mainly has assitants and ratio of full-timer is more than the branch public health center without any assistants if any, they are temporary employee 3. The public health center has 5.22 beds while the branch has 3.14 beds. The daily average number of patient for public health center is 15.01 while the branch has 8.7 More than half of outpatients are over sixties with musculoskeletal disease. 4. Regarding the traveling clinic, the public health center put into more operation than the branch. The 3rd year serving public doctor gives negative about the traveling clinic much more than 1st and 2nd year serving public doctor. The treatment service condition of public doctor of the public health center is better than the branch doctor, but we are on the point of role-changing as health promotion and preventive treatment to bring up motivation, education and competence strengthening for execution the local-bound health program.

• Journal of the Korean Society of School Health
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• 제26권3호
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• pp.133-143
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• 2013

Purpose: The purpose of this study is to provide basic data for a more reasonable health teacher placement policy sending teachers to more appropriate sites, by analyzing the change process of the health teacher placement standards and the problems caused by an unreasonable placement policy. Methods: This study mainly analyzed relevant research data and existing studies focusing on a literature analysis. Results: To date, the placement policy for health teachers has changed, going through expansion, reduction, and retrogression, since its establishment. The standard, placing health teachers only in elementary schools with more than 18 classes, was created in 1952. Despite the expansion of the role of health teachers and the revision of the school health law in 2007, this standard has been applied to date without modification. In the meantime, there have been many problems caused by inappropriate placement of health teachers. It was difficult for health teachers in large schools to carry out proper health education; and, in many schools, passive health management, such as first aid, health tests, and student health management, was mainly executed rather than active health management. Students in small schools were not even given an opportunity to receive health education and health management owing to the absence of health teachers. Also, compared to teachers teaching other subjects, health teachers have had very unfair placement standards. Conclusion: The placement policy for health teachers, which has been applied to the present, has never reflected social change, the increase of student health issues, and the demand from the school area. Although the role of health teachers expanded with the execution of health education, the current placement standards for health teachers are very unreasonable. Accordingly, it is necessary to review the health teacher placement policy in a reasonable manner and to revise the standards considering the reality.