• Title/Summary/Keyword: Laws and Regulations

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An Application of The Islamic Methodology in The Enactment of Commercial Laws and Policy Formulation

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.129-134
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    • 2022
  • Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of commercial law.

Study on Comparison of Korean and Japanese National Park Systems from the Conservation Perspective (보전적 측면에서 바라본 한국과 일본의 국립공원제도 비교)

  • Jo Tae-Dong
    • Journal of Environmental Science International
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    • v.13 no.10
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    • pp.871-882
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    • 2004
  • Korea's national park system resembles that of Japan in many ways. In this study, National park Systems of the two countries are compared from a standpoint of their historical backgrounds to be formed and in aspect of its conservation by the main revision of national park laws in perspective. In conclusion it was found out that Korea's toleration-based regulations on building park amenities have gradually neglected the park conservation effort, whereas Japan's authorization-oriented regulations have streng thened their emphasis on park conservation. From the comparison as above, the polices to be modified for Korean national park are proposed as follows: 1. National park system, which values diversity of species, is to be proposed. For this, the Article 8 which allows a development of National parks, Enforcement Ordinance Article 4, The Article 18 of Law, Enforcement Regulation Article 6 & 7 of National Park Law should be reviewed for deletion and revision. 2. On the basis of the laws, zoning system should be readjusted by discriminated conservation policy. Also, the readjustment of zoning system should be enforced after thorough analysis and research on the value of natural resources in the national park. 3. Korea should closely review the recently revised Japanese laws on the national parks and nature revitalization promotion for applying them to conservation policy of Korean national parks.

The Problems and Solutions in the Laws and Regulations regarding Anti-Dumping in China (중국 반덤핑법제상의 문제점과 해결방안)

  • Choi, Seok-Beom
    • International Commerce and Information Review
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    • v.12 no.3
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    • pp.361-387
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    • 2010
  • China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

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The Status and Prospects of Japanese Organic Foods System (일본의 유기식품 생산 및 관리제도 현황과 전망)

  • Jung, Man-Chul
    • Korean Journal of Organic Agriculture
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    • v.18 no.2
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    • pp.177-197
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    • 2010
  • Japan launched its regulatory certification system for organic foods based on the amended JAS laws in June 2000, followed by the implementation of regulations on organic agricultural products and organic processed foods in January 2001 and with the implementation of the standards on organic animal husbandry and organic feed by the Ministry of Agriculture, Forestry & Fisheries in 2005, organic foods have been under integrated and systematic supervision. Certification of organic foods can be undertaken by registered accredited bodies (private certification bodies) or legal entities conforming to the regulations of the Ministry of Agriculture, Forestry & Fisheries. However, with the amendment of the JAS laws in March 2006, only legal entities conforming to the regulations of the ISO/IEC GUIDE 65 are eligible as certification bodies. Foreign organic products imported to Japan must be certified organic under JAS regulations and must be manufactured or produced by foreign manufacturers certified by local or foreign registered accredited organizations and distributed with the Organic JAS Mark affixed or through importers certified by local registered accredited organizations and distributed with the Organic JAS Mark affixed on the products. It can be implied from the Japanese case study that it necessary to reform the diverse agricultural products certification systems to set up an integrated certification system, and the restructuring of government organizations, reforms of environmentally-friendly agricultural products certification system and the integration of the organic food certification systems are needed in order to integrate the control of the standards and certification systems.

Comparison of Pharmacist and other Healthcare Professionals License Examination in Korea (국내 약사 및 의료인면허 국가시험 제도 비교)

  • Yoo, Bong Kyu
    • Korean Journal of Clinical Pharmacy
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    • v.23 no.1
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    • pp.71-76
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    • 2013
  • Background (Purpose): The objective of this study was to investigate regulations on pharmacist and other healthcare professional license examination in Korea. Specific aim was focused on the implementation of new regulatory system governing pharmacist license examination particularly on naming of the subjects, method of the examination, and discrimination of pass or fail. Method: Laws and regulations of Korea on the examination system were retrieved from sources posted in Ministry of Government Legislation. Results: Two major regulatory differences were found between pharmacist and other healthcare professionals license examination systems. Firstly, the regulation on pharmacist license examination was ruled by the enforcement ordinance of parent law (Pharmacy Law) while it was ruled by enforcement regulation of parent law (Medical Law). Secondly, minimum grade requirement for pharmacist and other healthcare professionals was differently set up: 40% for each single subject in pharmacist and average of 40% for each group of several subjects in other healthcare professionals. Conclusion: Since pharmacist profession has drastically changed from drug-makers to drug-users during the recent decades, it is desirable to have the regulations on pharmacist license examination system amended in harmony with other laws and regulations of Korea and other major developed countries. Two-step examination for pharmacist license appears worthwhile to implement for balancing the two key functions of the pharmacist being drug-makers and drug-users.

Improvement Method of ELIS Local Laws and Regulations Format for Personal Information Protection (개인정보보호를 위한 ELIS의 자치법규서식 개선방안)

  • Choi, Chul-Jae;Lee, Young-Sik;Lee, Tae-Hee
    • The Journal of the Korea institute of electronic communication sciences
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    • v.11 no.11
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    • pp.1017-1024
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    • 2016
  • In this paper, we have figured out status and demand about personal information in local laws and regulations of the four major city out of the municipality 18 institutions of Gangwon Province. To take advantage of the autonomous regulations Information System(ELIS), and research and analysis in the autonomy regulations of local governments to object to the attachment format. To object to the Attachment to the request of the resident registration number notation is a super key. There is a disclosure resistance sense of personal information, and research analysis of the smart phone number and home phone number. We have proposed the urgent development of automatic search engine of PIMS compliance with personal information.

A Study on the Improvement of Domestic Legislative System for Crime-Safe Environment in Residental Area (주거지역 방범환경 조성을 위한 국내 법.제도의 현황과 개선방안에 대한 연구)

  • Choi, Jae-Eun;Kim, Sei-Yong;Jeong, Yun-Nam
    • Proceeding of Spring/Autumn Annual Conference of KHA
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    • 2009.04a
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    • pp.155-160
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    • 2009
  • Safety of residents could be considered and then increased when we plan, design, and operate a city. In Korea, CPTED (Crime Prevention through Environmental Design) is currently being applied to new towns. However, it is not systemized and neither efficient, for there are no constraint provisions, and the foreign cases are not specifically customized to the current situation of the country. This means, the introduction of CPTED is an indispensable fact, but there are limits to the budget aids and actual application, for there is no legal base to support it. This study, therefore, aims to find the limits from analyzing related laws and regimes, administrative regulations, and applied cases, and to deduct improvement plans based on examined foreign cases. In this Study, the supporting system of foreign CPTED related laws and regulations was analyzed around the cases of England and U.S.A, and based on that information, the present condition and limits of CPTED related laws and regulations of Korea were deducted. As a result of this study, there were no constraint provisions to apply the design guidelines to actual planning, and there were limits on backup aid and actual application due to the lacking of analyzing the relevant area. Also, an acceptable framework must be arranged by the revision of laws and ordinances to compel the system, and link it with the CPTED certification system which will revitalize the whole system.

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A Comparative Study on the Local Governments' Environmental Impact Assessment Regulations in Korea (지방자치단체 환경영향평가 조례 비교 연구)

  • Sung, Hyun-Chan;Min, Soo-Hyun
    • Journal of Environmental Impact Assessment
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    • v.12 no.3
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    • pp.137-150
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    • 2003
  • This study aims to survey whether local governments have legislated laws and regulations on environment impact assessment system, to compare and analyze specific projects and their scale, assessment items, and procedures & discussion process, to identify issues and generate improvement plans, and to suggest a direction for future legislation to local governments that plan to legislate laws and regulations in the future. Major outcome of the study are as follows. First, terminologies used for environment impact assessment by local governments need to be unified. Also, laws and regulations need to be legislated soon. Second, in "urban development project" areas, a total of nine project areas including "quarrying of soil and stone, sand, gravel, and minerals" was essential common projects. A total of six project types were added or newly established compared to national systems. Among them, four project types were added within national-level project areas and two project types were not available under the national-level project areas and newly added due to the nature of local governments. Third, in terms of project scale, scale enhancement of "urban development project" was most common. Analysis showed that in case of clean natural environment such as Cheju Island, it is necessary to consider reinforcing project areas where development activities take place directly in forests or rivers such as "industrial base and complex development", "water resource development", and "development of tourism complex." Fourth, the discussion and review procedures of assessment reports were similar to those at government level. However, in case of Seoul city, it is required to write a "preparation plan" before drafting an assessment report. The city features partial introduction of scoping and screening, which allows to exempt discussion procedures if impact on environment is found to be minimal after drafting the assessment report. In case of national-level, it has a dual system that is split between Ministry of Construction and Transportation and Ministry of Environment. However, in case of environment impact assessment of local governments, it is a single system where city mayors and provincial governors are in charge of both project execution and environmental assessment. Therefore, the most important task is how to satisfy objectiveness and accountability.

A Study on Improving Laws and Regulations for Open Access of Research Papers from National Research and Development Projects (국가R&D 논문성과물의 오픈액세스를 위한 법규 개선방안)

  • Cha, Mikyeong;Song, Kyeong-Jin;Kim, Na-Young
    • Journal of the Korean Society for Library and Information Science
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    • v.51 no.1
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    • pp.147-174
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    • 2017
  • Open Access (OA) policy to scholarly publications from publicly funded research goes toward making a law at the national level. The purpose of this study is to suggest the ways of improving laws and regulations for OA of scientific publications from national R&D projects. For that purpose, this study analyzed cases of USA, Spain, Germany, and France which have already legislated OA related laws and regulations. Based on the results, the followings were proposed: 1) to unify definitions of research outcomes and to include research papers to the definition. 2) to strengthen OA obligations by amending "Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc." by to specify related articles about submission, making public, enrolling, deposition, and possession of research papers, and 3) to revise administrative rules and "Regulations on Management of National Research and Development Projects" which common to all administrative according to amending the law.

Legal Review of Heritage Laws and Regulations (문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토)

  • Hwang, Kwon Soon
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.178-189
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    • 2016
  • This essay explores the ways in which the philosophical concept of "original form" is expressed in relevant laws and regulations, the legal character of respective regulations, the way in which each regulation is applied in practice for heritage management, and the factors required for this concept to serve as a legally binding fundamental principle. The current laws and regulations on heritage maintain a consistent requirement for preserving the original form of heritage, both for the general public and for heritage professionals. However, the principle of preserving original form is expressed as a declaration or imperative without substantive definitions. Consequently, heritage administrators simply follow administrative procedures for heritage conservation, management, and promotion while failing to specify the meaning of "original form." For the practical application of the principle of preserving original form to overall heritage conservation activities as an actual legal principle, further provisions should be added for the purpose of clarifying the principle, with consideration given to the observation of fundamental principles for legal provisions, such as the principles of clarity, equality, and proportion. The principle of preserving original form still functions as the most necessary principle for heritage conservation and therefore should be reestablished as a refined and rational regulatory system.