• Title/Summary/Keyword: Legal Environment

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IMPROVING THE LEGAL SYSTEM AND STRENGTHENING THE CONTROL OF ENVIRONEMNT

  • Bin, Zhang
    • Proceedings of the Korean Society for Agricultural Machinery Conference
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    • 1993.10a
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    • pp.473-477
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    • 1993
  • Improving the legal system is one of the key points in strengthening the control of environment . The coordination of economic development with environment protection and the legislation in Guangdong since 1980 is described. Some proposals for stimulating the economy by enhancing the environment protection in accordance with the law are offered.

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Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

Study on the reorganization of the legal system for an integrated forestry business

  • Park, Chang-Won;Lee, Bo-Hwi;Joung, Da-Wou;Park, Bum-Jin;Lee, Joon-Woo;Kim, Se-Bin;Koo, Seung-Mo
    • Korean Journal of Agricultural Science
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    • v.46 no.4
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    • pp.755-768
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    • 2019
  • The forestry development policies and projects in Korea have been implemented under various related acts. These acts include the Framework Act on the National Land and Framework Act on Forestry enacted by each administration. However, there are some limitations to encourage a variety of mountain villages and forestry development policies due to duplication and overlap between the relevant acts. Nowadays, the fields of local development have evolved and become integrated not only by infrastructures but also in various fields such as multi-functional industries including tourism, green care, cultural welfare, etc. Therefore, the current legal system may not effectively accept and support various mountain village development policies and projects. This study tried to determine the necessity of reorganizing th-e related legal system through a field survey of planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to determine the problems of the current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows: 1) correlation analysis between relevant laws and development projects and 2) field survey to determine the legitimacy and validity for the reorganization of the legal system.

Study on Reorganization of the Legal System for the Integrated Rural Development (통합적 농촌지역개발 추진을 위한 법체계 개편방안 연구)

  • Park, Chang Won;Kim, Sebin;Lee, Junwoo;Lee, Bohwi;Gim, Uhn-soon;Koo, Seungmo
    • Journal of Korean Society of Rural Planning
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    • v.25 no.2
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    • pp.1-13
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    • 2019
  • The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.

Legal Issues of Blockchain in Personal Information Protection : Based on GDPR and Personal Information Protection Act (개인정보보호법제 관점에서 본 블록체인의 법적 쟁점 GDPR 및 국내 개인정보보호법을 바탕으로)

  • Park, Minjung;Chai, Sangmi;Lee, Myoung Jun
    • Journal of Information Technology Applications and Management
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    • v.25 no.2
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    • pp.133-146
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    • 2018
  • The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

Legal Protection Of Geographic Indications Of Traditional Food "Tahu Kuning Kediri" Jawa Timur, Indonesia

  • WAHYUNI, Niniek;WIDAYATI, Satriyani Cahyo
    • Asian Journal of Business Environment
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    • v.11 no.2
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    • pp.39-46
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    • 2021
  • Purpose: The purpose of this study was to determine the opportunity for the traditional food of Tahu Kuning Kediri (Kediri Yellow Tofu) as a product that deserves legal protection in the form of geographic indications. Methodology: This research is a normative juridical study that emphasizes secondary data from literary studies. The research subjects are policies and regulations related to geographic indications. Findings: Based on the description above, it can be concluded that the traditional food of 'Tahu Kuning Kediri' meets the requirements for legal protection in the form of a geographical indicator because it fulfills four conditions, namely a sign indicating its origin, GI objects in the form of goods and/or products, geographical factors and certain characteristics of goods and/or products that are different from other traditional regional yellow tofu food. Conclusions: The process of applying for legal protection in the form of geographic indications can be carried out by the association of MSMEs of 'Tahu Kuning Kediri' producers who are already legal in collaboration with the local government and submit to the Ministry of Law and Human Rights by attaching the proposed Geographical Indication book.

The Impact of Environmental Factors on the International Harmonization Process of Accounting on SMEs: Evidence in Vietnam

  • NGUYEN, Dung Duc
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.10
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    • pp.641-649
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    • 2020
  • The study examines the effect of environmental factors on the international harmonization process of accounting on small and medium enterprises in Vietnam. These factors include legal environment, business environment, and cultural environment. The data is collected by a survey of 100 accountants and 100 auditors on the factors that affects the international harmonization process of accounting. The T-Tests indicate differences between the answers of the accountants and auditors. First, for the accountants, legal environment has the biggest effect on the harmonization process of accounting; while on the auditors, business environment has the biggest influence. Second, while the accountants consider costs higher than benefits in the harmonization process of accounting, the auditors assume that benefits are superior to costs that businesses spend. Third, both the accountants and the auditors indicate that the harmonization process of accounting should not be applied for all small and medium enterprises. From the study results, the author has given a different evaluation method that Vietnam should implement for international harmonization with the required adjustments as per the suitability with the status of businesses in Vietnam. The process of harmonization in accounting practices should not be indiscriminately applied to all the small and medium enterprises either.

Problem Findings Regarding the Legal Liability of Soil Contaminated Sites in Korea, and it's Policy Suggestion from a Comparison Study to U. S., U K., Germany, Netherlands, and Denmark's Policies (토양오염지역의 책임에 관한 우리 나라, 미국, 영국, 독일, 네덜란드, 덴마크 법과 제도의 비교 분석 및 우리 나라 정책개선방향)

  • Park, Yong-Ha;Park, Sang-Yeol;Yang, Jae-E.
    • Journal of Environmental Policy
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    • v.3 no.2
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    • pp.31-57
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    • 2004
  • Attempts were made to compare and analyze the policies of the United States, the United Kingdom, the Netherlands, Germany and Denmark concerning Korea's major problems associated with legal liability of the contaminated sites. These countries were chosen from a feasible preliminary analysis of 18 countries of the EU and the U. S. The major problems were revealed based on the analysis of Korean legacy and legislation, which are summarized as follows i) lack of clear detailed technical and legal guidance to determine the responsible party or parties of contaminated sites, ii) no distinction between the strict and non strict legal liability of innocent land owners, iii) no clearly set limit on retroactive legal liability. Comparison of the policies of countries chosen suggested improvements regarding these major problems as follows: i) activating national and international research on soil contamination prevention policy, ii) arranging distinct legal regulation between strict and non strict liability criteria, iii) establishing the limits on innocent and non strict liability, iv) establishing methodology and process of legal liability distribution and compensation, and v) establishing a legal process to redeem any benefit derived from remediation of contaminated sites with the public budget. Our policy suggestions above are not yet conclusive due to a lack of policy implementation simulation. Additional research is needed on aspects of social, economic and long term effects of the proposed policy directions. Nevertheless, application of the policy suggestions of this research would increase the efficacy of Korean policy regarding the survey and remediation of the potentially contaminated sites.

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A Basic Study of Legal Standards for Building Health Performance (건축물의 건강성능에 관한 법적 기준의 기초연구)

  • Lee, Hyun-Min;Ryu, Sang-Yeon;Kim, Sun-Kuk
    • KIEAE Journal
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    • v.9 no.6
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    • pp.19-26
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    • 2009
  • In modern architecture, the air-tight construction aimed at saving the energy rather causes ventilation problems and the artificial materials for cost reduction worsen the residential quality. To deal with such negative effect, the study on evaluating the health performance becomes increasingly critical. Among the various factors such as design quality, selected material, construction method and mechanical system that shall be subject to evaluation to identify the health performance of the building, the study was aimed at investigating the legal standards associated with healthy building in various countries. Such evaluation items will provide inputs for an attempt to build legal criteria for a building health performance rating system in Korea.

A Brief Review of the Legal Definition of Chemical Accident under the Current Chemical Substances Control Act (화학물질관리법상 화학사고 정의에 관한 소고)

  • Jihoon Park;Seon-Oh Park;Hyojin Park;Hye-Ok Kwon
    • Journal of Environmental Health Sciences
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    • v.49 no.4
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    • pp.179-182
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    • 2023
  • The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.