• Title/Summary/Keyword: Law System

Search Result 4,666, Processing Time 0.037 seconds

The Legal System for the Independent Practice of Physical Therapy (물리치료원 독립 개원을 위한 제도적 장치)

  • Bae Sung-Soo;Kim Dae-Young;Nam Sung-Woo;Park Hwan-Jin;Jeon Jae-Kyun
    • The Journal of Korean Physical Therapy
    • /
    • v.10 no.1
    • /
    • pp.253-263
    • /
    • 1998
  • To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

  • PDF

The Evaluation and Some Problems for System-Transformation of Foreign Trade Law in Korea (전자무역지원을 위한 개정 대외무역법회 내용과 문제점)

  • 한상현
    • The Journal of Information Technology
    • /
    • v.4 no.2
    • /
    • pp.137-154
    • /
    • 2001
  • Years in preparation, the revised law on Foreign Trade Law of Korea came into effect on March 1, 2001, adopted at the Congress on June 17, 2000. The purpose of this Act is to contribute to the growth of the national economy by means of contriving to maintain the balance of international payments and to expand commerce, and through promoting foreign trade and establishing fair trade system. Particular, revised Foreign Trade Law of Korea shall be based on the general provisions on transactions of exports or imports and measures for promotion of electronic Trade. Because electronic trade is not bound by physical geography provides a fundamentally new way of conducting commercial transactions, therefore Korea importers and exporters need to be aware of the character and problems that may occure from what was above-mentioned revised Foreign Trade Law of Korea. In the thesis, i tried to explain and survey the character and evaluation of revised Foreign Trade Law in Korea with particular attention to revised frameworks for electronic commerce on focus legal and commercial problems.

  • PDF

Some Problems Disclosure on the Insurance Contract Law in UK and The Consumer Insurance(Disclosure & Representations), 2012 (영국보험계약법 상 고지의무 문제와 2012년 소비자보험(고지.표시)법에 관한 연구)

  • Yun, Sung Kuk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.61
    • /
    • pp.139-163
    • /
    • 2014
  • Recently with making of 'The Consumer Insurance (Disclosure and Representations) Act 2012(hereunder CIA)', the UK revised the duty of disclosure especially with the consumer insurance contract. According to the CIA, if the misrepresentation was careless, the insurer may have the three options based upon what the insurer would have done had the consumer taken care to answer the question accurately; a compensatory remedy, avoidance of the insurance contract or, amendment of the contract. I realized that the establishment of CIA has been exposed to pro-actively relieve the breach of Warranty and Disclosure, Representations as far as required by the Global Insurance market. It was found that it is expected to bring significant changes in UK Insurance Act system of the 21st century, and prepares competition from neighboring countries. On the other hand, in the common law system, countries under MIA(1906) are trying to address the breach of warranty and Disclosure, Representations, except the UK cannot completely adhere with a positive attitude.

  • PDF

The Effect of Legal Political Determination of Perpu Number 1 of 2020 on Financial Markets in Indonesia During the COVID-19 Pandemic

  • RAJAGUKGUK, Blucer Welington;NAJIB, Muhammad
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.8 no.3
    • /
    • pp.655-664
    • /
    • 2021
  • The purpose of this research paper is to overcome the impact the COVID-19 in Indonesia, the Government of the Republic of Indonesia has set Perpu No.1 of 2020 concerning State Financial Policies and Financial System Stability for Handling COVID-19 Pandemic. This paper uses a descriptive analysis method with a normative juridical approach, namely by explaining the politics of law in the stipulation of Perpu No. 1 of 2020 into Law, then analyzing its effect on the character of legal products contained in the Act. The data sources used in this paper are the 1945 Constitution of the Republic of Indonesia, Perpu Number 1 of 2020 which has been ratified into Law Number 2 of 2020, Legislation in the field of state finance, literature books, and several articles from print and electronic media. This paper concludes that the legal politics of establishing Perpu No.1 of 2020 into Act was born from a democratic political system and configuration, but the character of its legal products was conservative. The aim of the paper is to focus on the discussions related to the new regulations that have been made by the Indonesian government and analyse the impact resulting from the enactment of these regulations.

A Study on the Improvement of Welfare Law for the Disabled in China by Comparing the Welfare Law for the Disabled in Korea, China and Japan (한국·중국·일본의 장애인복지법 비교를 통한 중국의 장애인 복지법 개선방안에 관한 연구)

  • Wang, Feifei;Shin, Byeonguk;Lee, Woonggu
    • Journal of the Korean Institute of Rural Architecture
    • /
    • v.22 no.4
    • /
    • pp.87-95
    • /
    • 2020
  • People with disabilities are an important part of society. The world has a huge population of disabled people. Therefore, it is important to study the establishment and improvement of the disability welfare law. To carry forward the humanitarian spirit and develop the cause of the disabled is a signㄴ of social civilization. Improving the welfare system for the disabled is conducive to social progress. Disabled people have the same right to pursue a happy life as non-disabled people. Now, South Korea, China and Japan all have disability welfare laws. But the content of welfare law is not the same. China's welfare law for the disabled is also very detailed, but there are many problems. Such as education, medical care and so on. Therefore, through this study, to understand the perfect disabled persons' system in other countries, will play a positive role in the development of China's disabled persons' welfare law in the future. By comparing the welfare laws of the three countries, we can learn from each other and make progress. To contribute to the development of the cause of the disabled.

A Case Study on the Warranty in Marine Insurance under the Insurance Act 2015 in the UK -The Case of Korea and China- (영국 2015년 보험법의 해상보험 담보특약 제도에 대한 연구 -한국과 중국의 판례를 중심으로-)

  • Tae-Kun Ahn;Sung-Ryong Kim;Seung-Eun Lee
    • Korea Trade Review
    • /
    • v.45 no.3
    • /
    • pp.133-146
    • /
    • 2020
  • In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

Determination of Governing Law in International Commercial Arbitration (국제상사중재(國際商事仲裁)에서 준거법(準據法)의 결정(決定))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.29
    • /
    • pp.39-61
    • /
    • 2006
  • The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

  • PDF

A Study on Activation of Long - life Housing (장수명 주택의 활성화 방안에 관한 연구)

  • Lee, Hyun-Soo;Lim, Sooyoung
    • KIEAE Journal
    • /
    • v.13 no.4
    • /
    • pp.95-102
    • /
    • 2013
  • In modern society, it is necessary to develop sustainable housing to protect environment. There should be a study on long life housing that satisfies living condition which residents require. Long life housing research is already activating in many developed countries. Although activation of long life housing is urgent, domestically, immaturity of technology development and law and system are barrier to progression of long life housing. Increase of early construction expenses is also problematic in activation of long life housing. The purpose of this research is to clarify a necessity of long life housing, to provide high quality of sustainable residence and to protect environment. This research also suggests a need of change from previous housing to long life housing. Moreover, it will look at related law and system of domestic long life housing and compare it to international law and system. From this comparison, it will point out a need of improvement and suggest appropriate long life housing system.

A Study of Electronic Transaction Law : Basic Electronic Trasaction Law in Korea and Uniform Electronic Transaction Act (전자상거래법 소고 - 우리나라 전자거래기본법과 미국 통일전자거래법 (Uniform Electronic Transaction Act)을 중심으로 -)

  • Kim, Un-Young
    • Korean Business Review
    • /
    • v.13
    • /
    • pp.207-221
    • /
    • 2000
  • In this era of changing system, we may learn lesson from newly developed Uniform Electronic Transation Act(UETA) in 1999. Korea has its counterpart as the Basic Electronic Transaction Act and Electronic Signature Act made by 1999. While UETA stresses on transaction law between individuals, that of Korean stresses on the role of government in electronic transaction. Both laws have the common definitions as electronic record, electronic signature, however, UETA has its own definitions such as automated transaction, computer program, electronic agent, information, information processing system, and security procedure. Especially, transferable record in section 16 is one of the most unique concept which Korean law does not provide. Korean government is planning to introduce electronic note in the near future, which will make unprecedented reform in Korean financial industry. Since Korean law does not have such a concept as electronic note, revision of the law is expected soon. Korean law has its specialty which puts stress on cyber mall, authentication agency, and consumer protection. In U.S., the interpretation of law by court is important when they have disputes according to common law traditon. Studies on cases on disputes in U.S. is needed most for Korean application.

  • PDF

A Study on the Improvement of Depreciation Management for Construction Equipment Considering Economic Efficiency (경제성에 의한 건설중장비 감가상각관리 개선)

  • Lee, Yongsu
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.32 no.4D
    • /
    • pp.357-366
    • /
    • 2012
  • Construction equipment has applied to depreciation over the years, however, the price index for construction equipment is not properly reflected in existing quantity per unit and the local tax law. Thus, this study shows the analysis of the corporate tax law, the local tax law and business accounting standards, characteristics of the domestic depreciation system and depreciation methods, and the capital recovery factor of construction equipment applying the theory for economic efficiency. It also presents cases of depreciation on the basis of quantity per unit and tax law using straight-line depreciation method and declining balance method. It is proposed that the relations of the application system of permissible period for construction equipment and the existing system be explained and the application system of permissible period for construction equipment be imposed. Furthermore, it proposes the development of depreciation tables of construction equipment monthly expenses based on the domestic price index and applications. In addition of that, it proposes the analysis of pros and cons of the methods suggested and application limits of the study and subsequent improvement plans. This study should reflect more rational and objective reality in quantity per unit and tax law.