• Title/Summary/Keyword: Laws and regulations

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A Study on the Regulations of National R&D Performance Management System (국가연구개발 성과관리 법제 운영에 관한 소고)

  • Yoon, Chong-Min
    • Journal of Korea Technology Innovation Society
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    • v.17 no.3
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    • pp.519-539
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    • 2014
  • In order to accomplish the successful performance management of the national research and development programs, it is necessary to establish the legal system that provide a institutional foundation and to set up and practice the relative substantial operating system. This paper aims to study the problems and improvement measures of the Performance Management System in National R&D Programs. For this purpose, the development of legal system on the performance management in national R&D programs was surveyed, the problems in existing laws and ordinances on the performance management were analyzed, and lastly the improvement measures on the legal system of the performance management were suggested. The legal system of performance management is being composed of and managed with The Framework Act On Science And Technology that prescribed the national science and technology policy direction, and Act On The Performance Evaluation And Management Of National Research And Development Projects, Etc. that prescribed the basic policies of performance management process and methods, and Regulations On The Management, Etc. Of The National Research And Development Projects that prescribed the concrete methodologies on performance management. Results of the study, it is necessary that the performance management laws and ordinances need improvement of Compatibility, the object and range of performance management system extend more widely to the whole field of national R&D programs in principle, and the performance management process and methods improve reasonably considering the goal and direction of national R&D policy.

MITIGATION AND REMISSION OF CONTRACTOR'S DEFECTS LIABILITY IN KOREAN CONSTRUCTION CONTRACTS

  • Jong-Gwang Lee ;Yong-Su Kim
    • International conference on construction engineering and project management
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    • 2005.10a
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    • pp.447-451
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    • 2005
  • The purpose of this study is to improve regulations such as law and standard contract forms related to defects liability in Korea. Defects liability has been one of the major causes of construction contract disputes in Korea in recent years. It is important to avoid or resolve disputes regarding defects liability through regulations containing clear criteria and to specify the standard regarding the mitigation and remission of the contractor's defects liability. This study was carried out through document research and analysis of judicial precedents. The following are the courses of improvement regarding the mitigation and remission of defects liability in Korea. First, laws and standard contract forms must contain more detailed clauses regarding exemption of a contractor's defects liability, which clearly set out the scope of the defects liability of the contractor. Second, the current system for defects liability favors the owner rather than the contractor - it is necessary to change the defects liability system in order to give the owner and the contractor an equal standing. Third, strict liability is taken on by the contractor even when the term of guarantee for defects lasts longer than the legally set period of liability for defects. Hence, it is necessary to improve the system by alleviating the liability of the contractor through applying negligence liability as opposed to strict liability during the term of guarantee.

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A Study on the Necessity of Establishing the National Cyber Security Act through a Comparative Legal Analysis (국내 관련 법과 비교 분석을 통한 국가사이버안보법안의 제정 필요성 연구)

  • Kim, Sung-Hyun;Lee, Chang-Moo
    • Korean Security Journal
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    • no.54
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    • pp.9-35
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    • 2018
  • During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

A Study on the Improvement of Supervision Works related to Changes in Construction Projects (공공공사의 설계변경과 관련한 감리업무 개선방안에 대한 연구)

  • Kwon Chan-Soon;Kim Man-Chul;Koo Kyo-Jin;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.246-249
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    • 2003
  • we classified major changes into changes based on design deficiency, changes based on the different conditions between job site and contract documents, and changes based on the Owner's need. Then we compare and analyzed applicable regulations for supervision and work performance status at the site, and elicit problems of supervision performance based on mutual contradiction in regulations, bringing up a similar example. Based on the above, we brought up a way of improvement for the elicited problem, comparing and analyzing the laws/contract provisions/instructions related with the changes and the work performance at the jobsite, and verified through interviews with professionals of various fields for the improvement. Finally this study could elicit a way of improvement in the supervision work in conjunction with changes in civil works.

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A Study on the Requirements and Compliance Standard of a Presentation for Demand for Payment under URDG (URDG 하의 지급청구를 위한 제시요건과 그 일치성 기준)

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.109-136
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    • 2011
  • Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

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Strategic Approach to Managing Information(patent) for Utilization of R&D Outcomes (지식정보 활용과 정보(특허) 관리)

  • 유사라
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.13 no.1
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    • pp.77-92
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    • 2002
  • Only requiring research reports or publishing articles as the final obligation of R&D activities is not sufficient to utilize and reproduce the knowledge information. Since a lot of important data have been ignored and missed by the public or private research institutions, it is not easy to manage and utilize R&D outcomes and to develope knowledge-intensive business as we expect. It is important and rather urgent matter that we should reexamine the related regulations/ laws of Intellectual Property and observe the practical problems of data utilization in real settings. This study reviewed recent studies about domestic R&D institutions, current regulations related IP, and some conflicts with the copyright, and then summarized the problems/ solutions of utilizing R&D information as knowledge assets.

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A Study on the Development of the Korea safety ladders(K-Ladder) (한국형 안전 사다리(K-사다리) 개발에 관한 연구)

  • Gi Yeol Lee;Kyung Boo Chang;Jong Moon Hwang
    • Journal of the Korean Society of Safety
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    • v.39 no.2
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    • pp.44-53
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    • 2024
  • In addition to being used for ascending and descending to work locations, portable ladders are widely used as a substitute for work platforms when working at heights in homes and industrial sites. However, accidents continue to occur in industrial sites owing to structural instabilities of ladders and the negligence of safety measures by users. To prevent accidents involving workers using portable ladders, it is important to encourage workers to use them correctly through laws and regulations; however, establishing effective preventive measures that go beyond regulations can increase acceptance in industrial sites and maximize the effect of reducing industrial accidents. Therefore, this study conducts a fact-finding survey and portable safety ladder product analysis and collects stakeholder opinions to develop a Korean-style safety ladder that can replace step ladders with a high risk of accidents.

A study on Information related to the military filed complaints resolved through analysis (정보화된 군사시설관련 제기된 민원분석을 통한 해결 방안에 관한 연구)

  • Shin, Kwang-Shig;Kim, Haeng-Jo
    • The Journal of the Korea institute of electronic communication sciences
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    • v.8 no.11
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    • pp.1755-1762
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    • 2013
  • This study military Act (enacted in 1972) due to the complaint were filed. The first study to address complaints such as integrated systems provide improvement is needed. Second contribution to the community or with the composition of the atmosphere that should provide an instrument to win. Finally, the laws and institutions, regulations, and doctrine in many aspects including the lack of forward thinking, or shall be deemed to be lacking complementary aspects. Studies in the Department of Defense as a reference to the relevant departments so that work is to provide.

Architectural Competition System of the Early Modern Ages - Through the Victorian Competition System - (근대 초기의 설계경기 시스템 - 영국 빅토리아 시대의 설계경기 시스템을 통하여 -)

  • Shin, Tae-Yang
    • Journal of architectural history
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    • v.2 no.1 s.3
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    • pp.113-125
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    • 1993
  • I focused my attentation on two points in this paper. Firstly, I explore the relationships between the competition system and the philosophical bases in economic and social doctrines which encouraged, the architectural profession which it supported. Secondly, I intend to describe the development of the modern competition system. The economic theories were applied to architecture; these were natural laws and laissez-faire. The principles of competition and progress were never doubted. Two developments aided architects in attaining both a sense of professional identity and a way of regulating the comprtition system; these were the founding of professional societies and the emergence of a professional architectural press. The first organized effort to control the competition system was made in 1839 by the Competition Committee of the Institute of British Architects, but the problems had remained virtually unchanged by the 1880s. A code of regulations was drawn up by the RIBA in 1872, but this were much like earlier codes and recommendations. From the 1890s, the RIBA established a permanent committee to review the conditions of all competitions and authorize members to participate; the measure was paralleled in various other countries, notably in the 1911 international regulations of the CIAM.

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A Study on the Substantive Law under the International Commercial Arbitration (중재에 있어서 실체적 준거법에 관한 연구)

  • Park, Eun Ok;Choi, Young Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.99-124
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    • 2013
  • International commercial arbitration is a specially formed mechanism for the final and binding settlement of disputes arisen between contracting parties regarding procedures, structures or other contractual relationship agreed by them. It is a resolution system which is processed autonomously by arbitrators who are appointed by contracting parties without involving the national court. If the contracting parties want to settle their disputes by arbitration, there must be a valid agreement. With a valid agreement, the most important concern is which law(called as the substantive law) should be applied in order to determine the rights and obligations of both contracting parties in relation to the dispute. At this point, the substantive law is really important because it is applied to the dispute itself directly during proceedings as well as it plays an crucial role in scrutiny and enforcement of arbitral awards. This article discusses about the substantive law under international commercial arbitration, specially focusing on the regulations of the ICC rules of arbitration, which is the most widely used all over the world and UNCITRAL Model law, which most countries' rule and laws are based on. By discussing how these rules and regulations should be interpreted and applied, it is expected to provide practical help to practitioners when they agree on an arbitration agreement.

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