• 제목/요약/키워드: Legal Standards

검색결과 494건 처리시간 0.023초

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

  • 정만철
    • 한국유기농업학회지
    • /
    • 제18권2호
    • /
    • pp.177-197
    • /
    • 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.

시민안전보험 운영관리체계의 개선방안 연구 (A Legal Study on Improvement Plans for Citizen Safety Insurance Operation and Management System)

  • 이정임
    • 대한안전경영과학회지
    • /
    • 제24권2호
    • /
    • pp.77-85
    • /
    • 2022
  • This study tried to suggest a systematic improvement plan to prepare a civil safety insurance operation and management system by reviewing the operation and management status of civil safety insurance, which is operated and managed by each local government autonomously. In this study, the problems of the current civil safety insurance were analyzed by dividing them into the lack of systematic management of insurance items, overlapping coverage between insurance items, and deviations in compensation limits. As a systematic improvement plan, it was suggested to secure the systemic management of guarantee items, standardize compensation standards, prepare an integrated operation and management system, and provide financial support for local governments with poor financial independence. Since the problems and improvement plans for the civil safety insurance analyzed as described above are formed by exchanging and receiving a complex mutual influence, the institutional improvement plan for the operation and management system of the civil safety insurance is not only a specific part of the study, but also comprehensively current citizens. Based on the results derived from the analysis of safety insurance, it is concluded that alternatives must be found.

국내 항공기 자격증명 적용에 관한 연구 (A Study on the Application of Domestic Aircraft Certification)

  • 박민우;조규호;성연영
    • 한국항공운항학회지
    • /
    • 제32권1호
    • /
    • pp.10-18
    • /
    • 2024
  • Domestic aviation law stipulates methods and matters for safe and efficient navigation in accordance with the International Civil Aviation Convention. Following the International Civil Aviation Convention is very important for aviation safety because it not only presents domestic standards but also ensures that the safety standards presented by ICAO are implemented. If the above criteria are not met, it is a very important regulation as well as domestic legal effect as other member countries can be directly or indirectly affected by intensive monitoring by ICAO even without direct legal sanctions. Domestic aviation safety management conducts safety management evaluation according to USOAP and is considered to have the highest implementation rate among countries that have received USOAP so far. In this paper, we would like to ways to improve by comparing and analyzing how domestic aircraft reflect the contents of Annex 1 based on ICAO Annex 1: Personnel Licensing among the annexes of the ICAO.

4차 산업혁명시대 법정보기술의 현황과 발전방안 (The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution)

  • 이성진;이연주;손형근;김기범
    • 정보화정책
    • /
    • 제28권1호
    • /
    • pp.3-21
    • /
    • 2021
  • 4차 산업혁명에 대한 클라우스 슈밥(Klaus Schwab)의 논의는 법정보기술의 발전 방향을 예측할 수 있는 하나의 프레임이다. 4차 산업혁명의 핵심개념인 기술 융합은 법정보기술 분야에 상당한 영향을 미치고 있다. 해외 법조계에서는 법률 챗봇 및 플랫폼 등의 다양한 최신 기술을 도입하여 법률 업무의 효율성과 접근성을 증대시키고 있으나, 국내는 리걸테크 산업이 아직 초기단계에 머물러 있어 법정보기술 활성화를 위한 제도적 개선이 필요하다. 이를 위하여 본 논문에서는 제2장에서 법정보기술의 개념과 분류체계를 구체화하고 제3장에서 법정보기술 활용 현황과 한계를 살펴본 후, 제4장에서는 법정보기술 발전을 위한 개선 방안을 고찰하였다. 법정보기술의 활성화를 위해서는 판례 등의 법률 자료를 적극적으로 공개하고 공개된 자료를 자유롭게 활용할 수 있는 법적 규제 방안 마련이 필요하다. 또한, 법률 영역에 있어 인공지능의 안전성, 개인정보보호, 윤리기준 등의 다양한 쟁점이 예상되므로 본 논문을 통해 대응책이 마련되기를 기대한다.

"Belt and Road" and Arbitration Law Teaching and Education System Theory

  • Fuyong, Zhu
    • 한국중재학회지:중재연구
    • /
    • 제30권3호
    • /
    • pp.47-66
    • /
    • 2020
  • Due to the division of China's departmental laws, the disconnect between theory and practice, and the influence of traditional academic thinking on the understanding of the knowledge structure of arbitration legal talents in practice, the construction of law school colleges, teaching teams, and research centers mostly revolves around departmental laws, tearing the connection of the arbitration legal system. The student-centered, process-guaranteed, and result-oriented arbitration master of law training model is "virtualized," the shaping of arbitration professionalism is ignored, the coverage of practical teaching is narrowed, and the arbitration legal profession is mostly formalized. The prevalence of specialized curriculum systems shortage, single faculty, formalized practical teaching, outdated curriculum settings, unsuitable curriculum system design for development, and inaccurate professional curriculum standards and positioning renders it difficult to integrate the "Belt and Road." The cutting-edge, the latest research results, and practical experience cannot reflect the connotation, goals, and requirements of "Entrepreneurship" education, as well as arbitral issues such as the ineffective monitoring of practical education and the inconsistent evaluation of standards and scales. Under the background of the "Belt and Road," based on system theory and practice and through training goals that innovate and initiate organizational form, activity content, management characteristics, assessment and support conditions, etc., the arbitration law teaching curriculum system is gradually improved and integrated. Through the establishment of a "Belt and Road" arbitration case file database and other measures, a complete arbitration law theory and practice teaching guarantee system has been established. Third parties are introduced, arbitration law experimental modules are developed, students are guided how to discover new knowledge, new contents are mastered, solidarity, cooperation, and problem-solving capabilities are cultivated in the practice of the "Belt and Road," and quality education, vocational education, and innovation education are organically integrated. In order to implement the requirements of arbitration law education, innovation development and collaborative management of arbitration law teaching practice base should be cultivated, thus giving full play to the effect of collaborative education between universities and arbitration institutions.

폐교 사립대학 기록물 관리 개선 방안에 관한 연구 (A Study on Improving Records Management of Closed Private Universities)

  • 이재영;정연경
    • 한국기록관리학회지
    • /
    • 제19권4호
    • /
    • pp.35-61
    • /
    • 2019
  • 최근 인구절벽의 위기 속에 학령인구가 지속적으로 감소하고, 대학의 입학충원율도 급감하면서 교육부는 향후 3년 내 국내 대학의 38개교가 폐교할 것이라는 예측을 하는 등 현재 한국의 대학은 폐교라는 위기에 직면하고 있다. 폐교대학에서 생산된 기록물에 대한 후속조치 및 관리에 대한 문제는 대학기록물 자체가 갖는 법적 행정적 역사적 정보적 가치를 고려할 때, 주요하게 논의되어야 할 사항 중에 하나이다. 그러므로 폐교대학 기록물 역시 적법한 절차에 따라 체계적으로 관리될 필요가 있는데, 현재 폐교대학 기록물 관리에 관한 실질적이고 뚜렷한 법제적 기준이 부재하고, (폐교)대학기록물이라는 특성 및 개별 학교의 현실과 특수성에 부합하는 관리기준은 부족한 실정이다. 이에 본 연구에서는 관리기준이 모호한 폐교대학 기록물 관리실태를 파악하고, 그 문제점을 분석하여 폐교대학 기록물 관리의 개선 방안으로 통합관리체계를 제시하였다.

Legal Bases for the Interpretation of Contract Terms under the UNIDROIT Principles of International Commercial Contracts

  • Kim, Bong-Chul;Kim, Ho;Shim, Chong-Seok
    • Journal of Korea Trade
    • /
    • 제24권1호
    • /
    • pp.113-130
    • /
    • 2020
  • Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

노인요양시설의 시설·인력 기준 비교 연구 (Comparing standards and guidelines of long-term care facilities based on physical environment and manpower in Korea, Japan, USA, and Australia)

  • 진영란;이효영
    • 보건행정학회지
    • /
    • 제22권3호
    • /
    • pp.403-426
    • /
    • 2012
  • The purpose of this study is to compare the standards and guidelines of long-term care facilities based on the physical environments and human resources in Korea, Japan, USA, and Australia. Ultimately, this study suggests the directions for amendments of long-term care service or running of the facilities in Korea. For achieving this purpose, we reviewed the homepage of national health departments, reports and articles of long-term care service, and acts related with long-term care in each country. This comparisons were carried in terms of physical environments, human resources by long-term care related acts and legal sanctions as means of quality control. This study implies that long-term care service guidelines or standards should be revised for developing the quality of our long-term care services.

Can Angular Deformity Due to Sacrococcygeal Fracture Cause Permanent Impairment? : Current State and Problems in Korea

  • Cho, Dosang
    • Journal of Korean Neurosurgical Society
    • /
    • 제65권2호
    • /
    • pp.173-179
    • /
    • 2022
  • Disabilities can emerge due to traumatic spinal fractures. In terms of sacrococcygeal spine, because of its unique anatomic structure with minimal movement, the possibility for it to have a disability is relatively low. In Korea, unlike most disability criteria, private insurance companies acknowledge angular deformities caused by vertebral fractures as disabilities according to their degree, so there were several cases where patients required compensation, arguing angular deformity caused by sacrococcygeal fracture, which in some cases led to legal conflicts. Except the Act Welfare of Persons with Disabilities which recognizes only severe angular deformity affecting internal organs as disability and the industrial accident disability evaluation which does not recognize coccygeal fracture as disability but rarely recognizes sacral vertebra deformity equivalent to compressive deformation, there is little or no case where angular deformity is recognized as disability. Given the impairment evaluation standards in social insurance, McBride system, American Medical Association (AMA) guides, and newly proposed standards by the Korean Academy of Medical Sciences (KAMS), the most contentious point in the general terms and conditions of private insurance is spinal deformity. To overcome controversy over disability evaluation, the private insurance sector is now applying criteria for axial skeleton to sacrococcygeal vertebrae through revision of standards. Under these circumstances, it is fair to recognize sacrococcygeal fracture as impairment in terms of the pelvis only when the fracture leaves serious deformity and neurological symptoms with clear relevancy. Though it may not be easy to develop accurate disability evaluation standards, improvement is necessary to remove any irrationalities and make the standards as objective as possible.

신생아 집중치료 지역센터 사례를 통해 본 신생아 집중치료실(NICU) 공간 구성 및 면적 계획에 관한 연구 (A study on the space composition and area planning of neonatal intensive care unit through the case of regional neonatal intensive care centers)

  • 이기환;박서원
    • 의료ㆍ복지 건축 : 한국의료복지건축학회 논문집
    • /
    • 제30권1호
    • /
    • pp.7-17
    • /
    • 2024
  • Purpose: This study is to present basic data and standards for calculating the space composition and area required when planning a neonatal intensive care unit. Methods: Review domestic and foreign facility standards and regulations related to the current neonatal intensive care unit, select a regional neonatal intensive care center designated by the Ministry of Health and Welfare as a case hospital, and organize a space program for the construction plan of the neonatal intensive care unit through analysis of characteristics such as facility size and function composition. Results and Implications: The size, facility area, and detailed room composition characteristics of the neonatal intensive care unit in Korea were confirmed, and essential rooms and appropriate areas were derived when planning the construction of the neonatal intensive care unit. Korea's legal facility standards related to neonatal intensive care units are lower than the actual hospital status and overseas standards, and the facility standards of the medical law need to be improved.