• Title/Summary/Keyword: Legal Standard

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A study on the legal status and problem improvement of enterprise disaster management standard (기업재난관리표준의 법적성격과 문제점 개선에 관한 연구)

  • Rhee, Sangsoo;Jung, Uiyun;Park, Jeonghun;Cheung, Chongsoo
    • Journal of the Society of Disaster Information
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    • v.14 no.2
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    • pp.115-121
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    • 2018
  • Purpose: The purpose of this study is to identify the legal status of enterprise disaster management standards established as part of business continuity management and to ensure resilience, and to improve the problem of application of industry disaster management standards in related industries. Method: We collected relevant data for the study and conducted a literature review on the logistical definition of laws and academic systems such as constitution and enterprise disaster reduction law, and HLS structure. Results: It has been confirmed that the enterprise disaster management standards in the Enterprise Disaster Management Standard are higher in the legal status than the ISO 22301: 2012 international standard. Conclusion: Through this study, it is necessary to establish a development direction of application and related regulations by clarifying the enterprise disaster management standard according to the enterprise disaster reduction law.

The Gatekeeper's Dilemma: The Changing Relationship between Science and Law after the Introduction of the Daubert Standard (수문장의 딜레마: 도버트 기준 도입 이후 과학과 법의 관계 변화)

  • Kim, Sungeun;Park, Buhm Soon
    • Journal of Science and Technology Studies
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    • v.15 no.1
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    • pp.215-244
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    • 2015
  • The 1993 U.S. Supreme Court decision on Daubert v. Merrel Dow Chemical, Inc. has changed the ways in which scientific evidence is evaluated for legal purposes. A new set of guidelines, called thereafter the Daubert Standard, that was intended to increase the judge's authority in determining the admissibility of scientific evidence in the court, turns out to have increased the burden of proof on the part of plaintiffs and have also considerably influenced the outcome of policy decisions in the regulatory areas. This paper analyzes the changes made in the relationship between science and law after the introduction of the Daubert Standard, examining the epistemological differences between its proponents and opponents. The judge's dilemma as a gatekeeper, this paper argues, is not simply that of an 'amateur scientist' seeking to learn and practice scientific knowledge per se. Rather, the dilemma ought to be that of an 'legal expert,' faithful to ethos of social justice without succumbing to the practical convenience of the Daubert Standard. This paper also suggests that there is much room for STS scholars to make contributions to the use of science in legal settings by conducting in-depth studies on court cases in the broad social and political context.

Evaluation of Efficacy of Sanitizers and Disinfectants Marketed in Korea (국내 유통 중인 주요 살균소독제의 유효성 평가)

  • Lee, Min-Jeong;Kim, Yong-Su;Cho, Yang-Hee;Park, Hee-Kyung;Park, Byung-Kyu;Lee, Kwang-Ho;Kang, Kil-Jin;Jeon, Dae-Hoon;Park, Ki-Hwan;Ha, Sang-Do
    • Korean Journal of Food Science and Technology
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    • v.37 no.4
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    • pp.671-677
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    • 2005
  • Conformity to legal permission standard of $5\;log_{10}$ CFU/mL reduction of foodborne pathogens or spoilage bacteria such as Escherichia coli, Staphylococcus aureus, Salmonella typhimurium, Pseudomonas aruginosa, and Enterococcus hirae was examined in 11 domestic commercial sanitizers and disinfectant. One chlorine compound, two iodophor compounds, two peroxide compounds, and three quaternary ammonium compounds (QACs) met advised standard concentration (100%), showing $7\;log_{10}$ CFU/mL reduction, and met legal standard by $5-6\;log_{10}$ CFU/mL reduction at 75% of advised standard concentration. At 10% dilution, one chlorine compound, one iodophor compound, two peroxide compounds, and two QACs satisfied legal standard.

Study on the Proposal for Deposit Linkage Plan Based on the Survey of Online Material Identification System (온라인 자료 식별체계 실태조사를 기반으로 한 납본연계방안 제안 연구)

  • Younghee Noh;Aekyoung Son;Kyung Sun Lee;Inho Chang;Youngmi Jung;Hyunju Cha
    • Journal of the Korean Society for information Management
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    • v.41 no.1
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    • pp.133-162
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    • 2024
  • The rapid digitalization has highlighted the importance of identifying and managing online resources. Especially, the need for a systematic identification system for the efficient distribution and preservation of digital content is growing. This study aims to respond to these contemporary demands by investigating the current state of identification systems for online resources and exploring more systematic management and utilization methods through linking these systems with legal deposit. To achieve this, the study surveyed the identification systems and their issuance status for online resources and analyzed prior research related to these online resources. Based on the analysis, the proposed strategies for linking with legal deposit can be summarized into three categories: First, to prioritize and enhance the utilization of legal deposit, strategies are required to strengthen the mutual complementarity of deposit and use, to assign priorities to certain deposits, and to increase the usability of deposited materials. Second, as strategies based on international standard numbers for linking with legal deposit, it is necessary to integrate ISBN and UCI in the deposit process, to link international standard resource numbers with deposit, to interconnect metadata between international standard numbers and UCI, to integrate UCI and ICN, and to introduce automation technology for upgrading the deposit system. Third, to effectively implement the aforementioned strategies, policy support is essential. This includes enhancing the role of the Korean Bibliographic Standards Center, strengthening cooperation with publishers, compensating for deposited materials, and increasing awareness and institutional compensation for the legal deposit system.

A Study on Estimating Construction Equipment Annual Standard Operating Hours (건설기계 연간표준가동시간 산정에 관한 연구)

  • Lee, Joong-Seok;Huh, Young-Ki;Ahn, Bang-Ryul
    • Journal of the Korea Institute of Building Construction
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    • v.8 no.1
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    • pp.37-42
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    • 2008
  • As use of construction equipment has been increasing continuingly, the proportion of equipment expense to the total construction cost has become higher. However, there is a difference between the equipment expenses section in 'Poom-Sam' and practical data, because 'Poom-sam' does not consider non-working days due to weather conditions, legal holidays and management conditions. Therefore, 'Poom-Sam' does not present a reasonable standard for estimating construction equipment expenses. In this study, to estimate realistic construction equipment operating hours, firstly, construction equipment was classified according to work, and weather conditions, in which each work could not be executed, were established. Then, weather data on Seoul and Busan($2004{\sim}2006$) and legal holidays were analyzed to suggest annual standard operating hours. The annual standard operating hours of earthmoving & excavating, compaction, and drilling equipment was estimated to be 1,430 hours, and lifting equipment, concrete paving equipment, asphalt paving equipment, concrete equipment, and crushing & conveying equipment were estimated to be 2,124 hours, 1,156hours, 1,188hours, 1,688hours, and 2,152hours respectively.

A Comparative Legal Study on the Electronic Transactions Act in Thailand (태국의 전자거래법에 대한 비교법적 고찰 - 전문 및 일반규정을 중심으로 -)

  • Shim, Chong-Seok;Oh, Hyon-Sok
    • International Commerce and Information Review
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    • v.12 no.4
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    • pp.405-427
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    • 2010
  • This legal study is to compare the Electronic Transactions Act in Thailand(hereinafter 'ETA') with mainly other countries electronic transactions acts, such as UNCITRAL MLEC, UECIC, VETA, UCITA and Korea' Electronic Transactions Act The ETA is consisted of 6 chapters which included preamble and definitions. Each chapter's main point as follows. Preamble is related to the name, time of legal effect, scope and definitions. Chapter 1 is not only general principles of electronic transactions, required restriction in addition to specify the limit of application, documentation, evidential weight in reference to the data message, but also the conditions of offer and acceptance through data message, time and place of dispatch and receipt of data message, certification between origination and addressee. According to media-neutrality and the effectiveness security requirement of data message under the information system, legal certification is related to the exchange's declaration of intention, define about origination-addressee of data message. Chapter 2 is composed to provide expressly about the effectiveness security in electronic signature. Those contents are to compare the MLEC, UECIC and Electronic Transactions Act in Korea. Chapter 3 is related to legal definitions that present legal requirement about service relating electronic transaction which contents accept domestic law, the adequate requirement as eligibility, satisfied matter, self-reliance ratio of finance and other detail standard Chapter 4 is deal with the transaction which are public sector and those application requirements. And also this chapter are composed regulations about direct-indirect purpose of Thailand domestic electronic government.

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Legal Management of Medical Quality (의료 질의 법적 관리)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.167-193
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    • 2007
  • Medical demand has been increased explosively since health insurance was introduced in 1977. Person has taken a growing interest in increase of medical service supply while that period. We must understand the legal aspects of medical quality management. There have been many legislative efforts for securing the right of patient. Patient's legal right is secured through the declaration of patient's right and all hospital person deal with patients according to the standard and criterion of the declaration of patient's right. The patient's right is set up on a basis of the right to live and the expectation right of patient. It is important to prevent medical accidents because the right of patient's health is violated by medical accident. We must manage well the medical quality to prevent the medical accident. The effort to escalate the medical quality is the best method to decrease the medical dispute. Nowadays a person take a growing interest medical quality. Our government make an effort to secure the medical quality through the legal system to be contained health organization evaluation system.

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A Study on the Policy Solutions to Prevent Abuse of Patents : Focusing on Patent Ambush (특허권 남용예방을 위한 정책방안 연구 : 특허매복행위를 중심으로)

  • Jeong, Myoung-Sun
    • Journal of Digital Convergence
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    • v.18 no.5
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    • pp.9-16
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    • 2020
  • Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.

A Study on Improving Methods for Legal Deposit System in Korea through Publishers' Recognitions about Legal Deposit (출판사의 납본 인식을 통한 납본제도 개선방안에 대한 연구)

  • Oh, Sun Young;Chung, Yeon-Kyoung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.23 no.4
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    • pp.141-160
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    • 2012
  • National libraries have an obligation to meet the information needs of users by collecting as many various materials as possible. As legal deposit accounts for the highest percentage of the collection building methods of national libraries, they are trying to encourage the legal deposit of the publishers. However, the rate of legal deposit for the most publishers are pretty low. Therefore, in this study, the improvement plans of legal deposit system for the purpose of helping legal deposit of national libraries improve smoothly has been investigated by identifying the problems with the legal deposit system that publishers had and by suggesting the matters that should be improved based on the recognition of legal deposit by publishers. The plans for the revitalization of legal deposit for the publishers are as follows: promoting factors of legal deposit systems such as scope, deadline, compensation, fine and legal deposit libraries, simplification of legal deposit procedures, set-up of automated online system for legal deposit and strengthening of the method for promoting and educating the legal deposit.