• Title/Summary/Keyword: Legal Compliance

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A Study on Legal and Institutional Improvements for the Digital Transformation of Construction Supervision (건축공사 감리업무의 디지털 전환을 위한 법·제도 개선안 연구)

  • Kim, Su-Na;Kim, Young-Jin;Lee, Woong-Jong;Roh, Young-Sook
    • Journal of the Korea Institute of Building Construction
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    • v.24 no.3
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    • pp.343-354
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    • 2024
  • This study reviewed the existing legal framework governing construction supervision practices and conducted a survey of expert groups to identify and propose strategies for facilitating the digital transformation of construction supervision processes, with the goal of enhancing the quality and safety of construction projects. The research underscored the necessity for digital transformation to improve quality, safety, and efficiency of construction supervision. Additionally, it highlighted the need for greater consistency and clarity in terminology related to construction supervision. The study also presented recommendations for improvement, which included: establishing a structured supervision checklist to ensure safety and compliance, establishing a specialized construction supervision corporations subject to qualification screening, and introducing evaluation criteria to encourage the adoption of digital transformation technologies in construction supervision. The findings of this study are intended to serve as the foundation for future policy and regulatory frameworks aimed at promoting the digital transformation of construction supervision practices.

A Study on the Improvement of Import Clearance System for Express Consignments by Increase of Electronic Commerce (전자상거래 확대에 따른 특송물품 수입통관시스템의 개선방안에 관한 연구)

  • Song, Seon-Uk
    • International Commerce and Information Review
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    • v.6 no.3
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    • pp.183-201
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    • 2004
  • Recently, Electronic commerce market is growing sharply for the expansion of internet and development of means of air transportation. Import Clearance System for express consignments, introduced in Korea, confers some benefit upon express consignments, ie. prompt clearance, simplification of the clearance procedure, exemption of necessary documents. But it has some problems such as lack of social security and trade compliance. So it requires some improvements as follows. Firstly, it has no legal background to clear all articles valued at US$100 or less carried by an express consignment operator. So customs brokers, not express consignment operators, should clear that articles. Secondly, it should be presented necessary documents including commercial invoice to prevent a wrong price declaration in entering express consignments valued at US$100 or less. Thirdly, X-ray inspectors must enhance their inspection ability. Customs must provide education programs for X-ray inspectors to improve their inspection ability. Lastly, Cargo selectivity system for express consignments have to be improved to operate effectively.

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A Study on the Enforced Security of Personal Information Outsourcing (개인정보 위탁업무 보안성 강화방안 연구)

  • Son, Tae Hyun;Park, Jung Sun
    • Journal of the Korea Safety Management & Science
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    • v.16 no.3
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    • pp.433-441
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    • 2014
  • Increasing the outsourcing of personal information treatment, the safe management and director for fiduciary is very important. In this paper, under the personal information protection management systems the current situation of fiduciary management and direction was reviewed and the certification system was analysed in terms of availability of the controled items. Under the basis of legal compliance at the time of the Privacy Act, the characteristics of outsourcing type was also analyzed and derived new controled items. As a result of the proposed research, new controled items for fiduciary could be used as a standard for the managing Director.

The Comparison of BOLERO project and TradeCard syetem as Settlement Method in International Trade (국제전자상거래시대(國際電子商去來時代)를 대비(對備)한 BOLERO Project와 TradeCard System)

  • Ahn, Byung-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.933-977
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    • 2000
  • BOLERO project and TradeCard System are attracted public attention as new settlement method that is able to substitute for documentary letter of credit. BOLERO is the business processes and methods, together with the digital information system, which are provided by Bolero International for communicating Messages and Documents and facilitating business transactions. TradeCard aim to make international business-to-business e-Commerce easy, fast, inexpensive and secure while innovating current documentary compliance and financial settlement mechanisms. The main purpose of this paper is to search the possibility of paperless trade. Since, this paper examine the international legal feasibility of these systems and compare the strength and weakness.

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Analysis of ISO 9000 Quality Certification for Small and Medium Industrial Companies (중소제조기업의 ISO 9000 품질인증실태 및 개선방안에 관한 연구)

  • 유재권;정수일
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.23 no.54
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    • pp.97-110
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    • 2000
  • As more and more companies pursue ISO 9000 certification, one of the most misconceptions about ISO 9000 is that registration is necessary only for business. ISO 9000 is being driven by commercial requirements, not legal fiat. This registration can be used as evidence of compliance to the ISO 9000 to satisfy specific customer requirements. The primary objective of this research is to provide the efficient implementation process of ISO 9000 certification on the basis of total quality management concerning with ISO/CDl 9001:2000, ISO/CDl 9004:2000 and ISO/CD2 9001:2000. Based on the result of first paper in May 1999, this study has been conducted using the data collected from 312 manufacturing companies which registered ISO 9000 certification. This analysis can be applied to Korean small and medium industrial companies in establishing and maintaining the development of qualify systems. The companies should be able to benefit if they make continuous effort to improve the quality activities based on the factors suggested in this paper.

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Current Status and the Future of Occupational Safety and Health Legislation in Low- and Middle-Income Countries

  • Ncube, France;Kanda, Artwell
    • Safety and Health at Work
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    • v.9 no.4
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    • pp.365-371
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    • 2018
  • This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health (OSH) legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested. A literature search of OSH laws of 10 selected low- and middle-income countries was carried out. The laws were subjected to uniform review criteria. Although the agricultural sector employs more than 70% of the population, most of the reviewed countries lack OSH legislation on the sector. Existing OSH laws are gender insensitive, fragmented among various government departments, insufficient, outdated, and nondeterrent to perpetrators and lack incentives for compliance. Conclusively, the legal frameworks require reformation and harmonization for the collective benefit to employees, employers, and regulatory authorities. New OSH legislation for the agricultural sector is required.

Definition of Child and Youth Welfare and Proposals for the Reform of Legal System (아동·청소년 복지의 개념과 법체계의 개선방안)

  • Cho, Sung-Hae
    • Journal of Legislation Research
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    • no.41
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    • pp.43-85
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    • 2011
  • Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

Case Study of Investment Adequacy Analysis After Implementing Master Plan on Sewerage Rehabilitation (하수도정비기본계획 시행 후의 투자적정성 분석에 관한 사례 연구)

  • Park, Kyoo-Hong;Kang, Byong-Jun;Lym, Byeong-In;Knag, Man-Ok;Park, Joo-Yang;Kim, Sung-Tae;Park, Wan-Kyu
    • Journal of Korean Society of Water and Wastewater
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    • v.29 no.4
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    • pp.503-510
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    • 2015
  • The objective of this study is to analyze the investment adequacy of the projects implemented according to the master plan on sewerage rehabilitation at Seoul. The planned and actually implemented ratio of invested money on sewage treatment plants (STPs) to sewers were compared in two temporal periods. Though the planned ratio of investment on STPs to sewers was 50:50 (in 2009-2020), the actual implemented ratio in 2009-2013 was 34:66. Until 2020, the greater investment ratio on STPs to sewers should be made considering the necessity of coping with stricter legal compliance on advanced treatment, stormwater treatment and so on. The priority of the planned and partially implemented projects among four STPs and at each STP was evaluated. Considering only the performance indicator of reduced load of BOD, T-N, T-P per the capacity of each STP facility, the performance among four STPs was shown as Jung-Rang>Tan-Cheon>Seo-Nam>Nan-Ji. The reverse order of the performance results in the past may be considered for future investment priority, but the efficiency of operation implemented at each STP, deteriorated status of each STP, investment in the past and so forth should also be considered. As for the priority of projects conducted within each STP, projects related to legal compliance (such as advanced tertiary treatment, stormwater treatment, etc.) have highest priority. Odor-related project and inhabitant-friendly facility related projects (such as building park on STPs, etc.) has lower priority than water quality related projects but interactivity with end-users of sewerage should also be important.

Understanding the Access and Benefit-Sharing of Genetic Resources for Microbiology Researchers (나고야의정서 이행에 따른 새로운 유전자원 접근 이익공유 체계의 이해와 미생물 연구자의 대응방안)

  • Lee, Jonghyun;An, Minho;Chang, Young-Hyo
    • Microbiology and Biotechnology Letters
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    • v.49 no.3
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    • pp.269-282
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    • 2021
  • Following enforcement of the Nagoya Protocol (NP), in which the sovereign rights to genetic resources of countries are recognized, new legal obligations regarding access and benefit-sharing (ABS) that did not exist before have now been imposed on researchers. To implement the NP, many countries are introducing new procedures and regulations when a researcher wants to obtain genetic resources for commercial or noncommercial uses. It is therefore expected that resource-rich countries will adopt strong regulations to protect their genetic resources. In this regard, Korean microbiologists will need to respond to these changes to minimize the potential damages caused by the ABS. This paper reviews the key contents of the NP to raise its awareness among scientific researchers and further presents specific measures to meet the ABS obligations accordingly. For example, Korean researchers, in principle, do not need to acquire Prior Informed Consents (PICs) when they access Korean microbial resources for both commercial or research purposes. Nevertheless, when a foreign culture collection agency such as DSMZ requests a confirmation of compliance with the NP to deposit genetic resources, Korean researchers can also apply for a PIC with the Korean government as an exception. By referring to this article, microbiologists will be able to conduct their research in compliance with the NP while respecting the legal ABS obligations of each resource-providing country.

Compliance of Electronic Bill of Lading Regulation in Korea with Model Law on Electronic Transferable Records

  • Choi, Seok-Beom
    • Journal of Korea Trade
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    • v.23 no.3
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    • pp.68-83
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    • 2019
  • Purpose - The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law. Design/methodology - The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model. Findings - The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules. Originality/value - The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.