• 제목/요약/키워드: Laws and regulations

검색결과 904건 처리시간 0.028초

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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    • 제22권8호
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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.

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

  • 조태동
    • 한국환경과학회지
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    • 제13권10호
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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.

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

  • 최석범
    • 통상정보연구
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    • 제12권3호
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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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일본의 유기식품 생산 및 관리제도 현황과 전망 (The Status and Prospects of Japanese Organic Foods System)

  • 정만철
    • 한국유기농업학회지
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    • 제18권2호
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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.

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

  • 유봉규
    • 한국임상약학회지
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    • 제23권1호
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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.

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

  • 최철재;이영식;이태희
    • 한국전자통신학회논문지
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    • 제11권11호
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    • pp.1017-1024
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    • 2016
  • 본 논문에서는 강원도 기초자치단체 18기관 가운데 4개 주요시에 대하여 자치법규의 개인정보 요구 실태를 파악하였다. 자치법규정보시스템(ELIS)을 활용하여 지자체의 자치법규에서 별지서식을 대상으로 전수조사를 실시하였다. 분석결과 슈퍼키인 주민등록번호를 포함하여 거부감이 있는 스마트폰 번호, 자택 전화번호 등의 개인정보 요구가 심각한 상태로 조사되었다. 개선방안으로 PIMS 준수와 개인정보 자동검색엔진의 시급한 개발을 제안하였다.

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

  • 최재은;김세용;정윤남
    • 한국주거학회:학술대회논문집
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    • 한국주거학회 2009년 춘계학술발표대회 논문집
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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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지방자치단체 환경영향평가 조례 비교 연구 (A Comparative Study on the Local Governments' Environmental Impact Assessment Regulations in Korea)

  • 성현찬;민수현
    • 환경영향평가
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    • 제12권3호
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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.

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

  • 차미경;송경진;김나영
    • 한국문헌정보학회지
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    • 제51권1호
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    • pp.147-174
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    • 2017
  • 공공기금을 지원받아 수행된 논문성과물의 오픈액세스(OA)는 주요국의 경우 국가차원에서 법률을 통해 의무화하는 방향으로 추진되고 있다. 본 연구의 목적은 국가R&D에 따라 산출된 논문성과물의 오픈액세스를 추진하기 위해서 필요한 법규의 개선방안을 제안하는 데 있다. 이를 위하여 이미 공공기금에 의한 연구성과물의 오픈액세스를 법제화한 미국, 스페인, 독일, 프랑스의 입법례와 우리나라의 대표 공공기금 연구사업인 국가R&D와 관련된 법령 및 행정규칙을 분석하였다. 분석 결과를 토대로 본 연구에서는, 1) 국가R&D 사업의 연구성과물 관련 용어를 통일하고 연구성과물의 정의에 논문을 명시하여 포함시킬 것, 2) 논문의 제출, 공개, 등록 기탁, 소유와 관련한 내용을 기본법인 "국가연구개발사업의 성과평가 및 성과관리에 관한 법률"에 정함으로써 OA이행 의무를 강화할 것, 그리고 3) 개정된 기본법에 따라 범 부처 공통의 "국가연구개발사업의 관리 등에 관한 규정"과 행정규칙을 정비할 것 등을 제안하였다.

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

  • 황권순
    • 헤리티지:역사와 과학
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    • 제49권1호
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    • pp.178-189
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    • 2016
  • 이 글은 문화재 관련 법령에서 '원형'이라는 철학적 개념이 어떻게 표현되어 있으며, 해당 규정의 법률적 성격은 무엇인지, 실제 문화재 관리행위별로 적용되는 양태는 어떠한지 등을 살펴보고, 법적 구속력있는 기본원칙으로 작용하기 위해 필요한 사항은 무엇이 있는지를 설명하고 있다. 현행 문화재 관련 법령은 일반 국민, 문화재 종사자에게 '원형'을 유지할 것을 기속행위로 강요하고 있으나, 실체적 규정없이 선언적 당위적으로만 명시하고 있을 뿐이다. 이에 따라 실제 행정업무에 있어서도 원형이 무엇인지 밝히지 않고 절차적 규정만 준수하여 문화재를 원형으로 보존, 관리, 활용하려는 태도를 보이고 있다. '원형' 관련 규정이 실체적 법규성을 갖고 문화재 관리활동 전반에 구속력있게 적용되기 위해서는 많은 실체 규정을 보완해야 하며, 이 경우 명확성 원칙, 평등의 원칙, 비례의 원칙 등 규범통제의 기본원리에 위반되지 않도록 할 필요가 있다. 여전히 '원형' 원칙은 문화재 보호에 가장 필요한 개념이기에 법적 흠결없는 정합성있는 규범체계를 갖출 필요가 있다.