• Title/Summary/Keyword: Legal standard

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Improvement Devices of Urban Center′s Green Function of the Public Open Space Attached Building in Incheon, Korea (인천시 공개공지의 도심 녹지 기능 개선 방안)

  • Cho, Woo;Lee, Yong-Joo;Lee, Kyung-Jae
    • Korean Journal of Environment and Ecology
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    • v.17 no.3
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    • pp.258-267
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    • 2003
  • The purpose of this study is to present improvement devices of urban center's green function in the Public Open Space Attached Building(P.O.S.) in Incheon, Korea. Study sites were the P.O.S. of office building(10 place), transportation facility building(3 places), government office building(2 places) that were made up 1994∼2002 and analyzed establishment, using and planting status. And P.O.S.'s planting area structure of Osaka and Kawasaki in Japan that is operating P.O.S. system similar to Korea was compared with study sites of Incheon. P.O.S. of Incheon is not managing as valuable urban center's green and establishing to satisfy legal requirement. The strengthening devices of P.O.S. function are as follows. First, it is desirable that planting area rate of P.O.S. in order to develop small park in urban center is increasing by 40% that is children's park level. Second, it must be conferred about planting basis, tree selection and planting method etc. of P.O.S. with green and park development department at building authorization. Third, by the 'landscape planting standard of plottage' that is becoming planting standard of P.O.S is heightened and must increase quality and amount of green. Fourth, it is required mandatory establishing of sign so that citizens can search easily and utilize of P.O.S. Fifth, legal regulation should be decided to prevent that P.O.S. is used unlike purpose originally.

Judgement of Violation of the Protection Duty of Internet Service Provider (인터넷 서비스 제공자의 보호조치 의무 위반의 판단)

  • Kang, Juyoung;Kim, Hyunji;Lee, Hwansoo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.6 no.7
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    • pp.17-26
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    • 2016
  • Information spill was occurred several times in the country due to the negligence of the large internet service providers including SK Communications, Auction, KT. In order to judge the Internet Service Provider(ISP)'s liability in individual data spill caused by hacking, the violation of existing legislation or general principle of law's good faith principle has to be examined. However, based on current ISP's good faith principle, there is no objective standard for judging liability. Such uncertain range of protection action duty based on good faith principle generates complaint toward companies, therefore presentation of objective judgement range index on how to determine this range is needed. However due to the legal characteristic of above-mentioned law, it is not possible to fix the range of protection action duty and regulate it on law. In order to resolve this, rather than concerning simply on legal system level, fusion approach method is needed. Thus, this research will discuss the measure for objective standard for predicting ISP's range of protection action duty through fusion view dividing in technical, legal and administrative aspects.

A Study on the Standard for Automatic Exchange of Financial Account Information (정기 금융정보교환을 위한 조세조약 이행규정 고찰)

  • Ryu, Hae-Young;Chae, Soo-Joon
    • Asia-Pacific Journal of Business
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    • v.8 no.2
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    • pp.31-39
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    • 2017
  • Countries around the world have been engaging in automatic exchange of information to tackle tax evasion. The same goal became the basis of the enactment of the Foreign Account Tax Compliance Act (FATCA) by the United States Congress. In order to establish a common approach to counter tax evasion among different countries, the Organization of Economic Cooperation and Development (OECD) released the Standard for Automatic Exchange of Financial Account Information in Tax Matters which consists of the Competent Authority Agreement (CAA) and the Common Reporting Standard (CRS). Specifically, the automatic exchange of information is the exchange of financial account information between Tax Authorities in relevant countries. The law requires this information to be collected by financial institutions around the world for reporting to Tax Authorities. Automatic exchange of Information is made up of two information sharing frameworks: The Foreign Account Tax Compliance Act (FATCA) and The Common Reporting Standard (CRS). Under the automatic exchange of information, all financial institutions must identify accounts held by customers who are foreign tax residents or entities connected to foreign tax residents. Financial institutions must report these to the relevant Tax Authority who will then automatically exchange the account information with the relevant foreign Tax Authorities. Korean government has enacted domestic laws to require financial institutions to collect and report this information and has entered into international agreements to exchange the information with other governments. This paper analyzed the FATCA and CRS rules overall and proposed solutions for the legal and practical issues. This paper contributes to the existing literature on the automatic exchange of information by considering two information sharing frameworks.

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Assessment for the Comparability between Korean Ministry of Environment Standard and ISO Standard for the Determination of Heavy Metals in Soil (토양 중금속 함량 측정에 대한 토양오염공정시험기준과 국제표준간의 적합성 평가)

  • Shin, Gun-Hwan;Lee, Goon-Teak;Lee, Won-Seok;Kim, Ji-In;Kim, Bo-Kyong;Park, Hyun-Jeong
    • Journal of Soil and Groundwater Environment
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    • v.17 no.3
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    • pp.1-9
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    • 2012
  • According to the agreement on WTO/TBT, we are under the situation to adopt international standard (ISO standard) as a national standard if it exists. However, in case of environmental area, it is a domestic legal obligation to use Korean environmental standard method(KESM) for analyzing various contaminants. Therefore it is necessary to assess the comparability between KEM and ISO standard prior to apply ISO standard to soil conservation law in Korea. The main purpose of this study is to assess the comparability of both methods for analyzing heavy metals in soil. We looked over various aspects like pre-treatment, calibration curve range, detection wavelength, soil organic matter content and so on. Apparently, the procedure of both methods is almost same. However in details, both methods are different in stationary time before aqua-regia extraction using reflux system, calibration curve range for Cu, Pb, Ni and measuring wavelength for Pb. According to the results of comparison test, the results were significantly different when the different calibration range was used. In case that all the extracts independent of methods were reanalyzed with the same calibration range of each method, both methods showed statistically same results. Other conditions like different stationary time, measuring wavelength of AAS and soil organic matter content did not have any influence on the analytical result. Therefore, we suggest to extend the calibration curve range to 0~8 mg/L which is used in KS I ISO standard(Korean standard related with environment which is translation version of ISO standard without any technical change). In case of $Cr^{6+}$, the results showed no significant differences between two methods even though the pretreatment, instrumentation and other analysis conditions were different. In addition to UV/Visble spectrometry of KESM for soil contamination, we suggest to adopt ion chromatography of ISO 15192(US EPA method 7199) for analyzing $Cr^{6+}$ with the consideration of laboratory work efficiency.

A Study on the Inclusion of Standard Terms under the CISG (CISG상 약관의 계약편입에 관한 연구)

  • Lee, Byung-Mun;Ko, Sang-Hoon
    • Korea Trade Review
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    • v.42 no.1
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    • pp.257-281
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    • 2017
  • It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

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An Visiting Environmental Assessment and Countermeasures for Ecological Park of Sun-Cheon Bay - Focused on a Universal Design Principle - (순천만 자연생태공원 탐방환경 평가와 개선방안 - 유니버설 디자인 원칙을 중심으로 -)

  • Lee, Kyung-Chan;Kim, Nam-Jo
    • Korean Journal of Environment and Ecology
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    • v.27 no.6
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    • pp.777-793
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    • 2013
  • The purpose of this study is to provide the basic reference for appropriate ecological park planning through investigation and analysis of inviting environment of Suncheon Bay Ecological Park within the framework of 'universal design'. For this, investigating items were selected through literature reviews and legal standard of ecological park suggested by laws. Field survey on Suncheon Bay Ecological Park was conducted, The results suggesting analytical and practical implications are as follows. First, guided handles of any facilities were not equipped, so urgent supplementation is needed with legal standard of universal design. Especially, detailed criterion of universal design focusing on visitors' convenience should be reflected. Second, all facilities for the blind were not equipped and the floor height of entrance was also unsuitable. It implies that the disabled and the senior are restrained from doing independent activity, therefore, appropriate standard focusing on 'universal design' for the wide open activity space such as the park area should be re-provided. Finally, guidelines for applicable universal design of the activity space for the experience on the ecological park should be re-established.

Strengthening the Legal Basis for Security Rule to Protect Technology and Trade Secrets for Small Businesses (중소기업의 기술 및 영업비밀 보호에 대한 보안규정의 법적 근거 강화방안)

  • Ahn, Sang Soo;Lee, Jung hun;Son, Seung Woo
    • Korean small business review
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    • v.42 no.1
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    • pp.57-77
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    • 2020
  • In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

An advanced nation's case study considering integrated control for construction work quality.safety.environment (건설공사 품질.안전.환경 통합관리를 고려한 해외 사례 고찰)

  • Kim, Dong-Hee;Kim, Woon-Soo;Jeong, Han-Gyo;Noh, Joung-Won
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.819-823
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    • 2008
  • Currently, the quality management, safety management and environment management of domestic construction work does not form a infrastructure for integrated control which have been developed according to the unique characteristics based on respective the law. In other words, the quality manager and safety manager of human resources is set to a legal arrangement personnel, but environment manager of human resources is not. In addition, quality management standard is to perform the work to PDCA(Plan-Do-Check-Action) system which is reflected in all of the requirements of KS A ISO 9001 standard, but safety management plan and hazard harmfulness prevention plan are not properly reflected P(Plan), C(Check) and A(Action) system and focusing on only 4 section Do(D) in KOSHA 18001 standard requirement. Moreover environmental management plan is not even established requirement. Through examining the operation practices of an advanced nation prior to building the integrated control standard for construction work qualify safety.environment, the possibility of applying domestic is reviewed, and then this study is going to research the operation practices of Singapore.

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Role and Contaminant Selection Methods of Soil Quality Standards in Developed Countries (선진국 토양오염 기준의 역할과 기준항목 설정방법)

  • Jeong, Seung-Woo;An, Youn-Joo;Kim, Tae-Seung
    • Journal of Soil and Groundwater Environment
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    • v.14 no.1
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    • pp.18-28
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    • 2009
  • Many countries have recently established legal regulations and soil quality standards for soil protection, This study investigated the role of soil quality standards in soil protection policy and methods of selecting standard substances from various types of chemicals. In most countries, soil quality standards act as guidance for further detail surveyor risk assessment from comparing soil concentration with the soil quality standards. Soil quality standards of Switzerland, Demark and Japan were used as enforcement tools. Priority substances for the standards were first selected from frequently detected chemicals in contaminated sites. Those substances were extensively evaluated for toxic effects, exposure potential and availability in chemical analysis.

Study on the Necessity and Policy Direction of Participating SMEs in Standardization Activities (중소기업의 표준화 활동 참여의 필요성과 정책방향에 관한 연구)

  • Jeong, Myoung-Sun;Kong, Hee-Jung
    • Journal of Digital Convergence
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    • v.17 no.3
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    • pp.47-54
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    • 2019
  • The technical standard is an important factor in the national economy, and its importance is gaining more attention due to the emergence of the convergence industry. This is an essential element for implementing fusion technology because it ensures interoperability. Since standardization activities are essential for the growth of domestic SMEs, this study aims to diagnose the status of standardization activities of SMEs and to suggest policy directions accordingly. And we sought to clarify the status of the standardization activities of domestic SMEs and to draw some implications for the domestic promotion plan by examining the major promotion policies for overseas standardization successfully. As a result, it was found that the investment cost for the standard activities is burdensome, the professional manpower is needed, and the participation of SMEs is low due to the complexity of the standard technology. In addition, standardization activities have weaknesses in terms of technology protection, and SMEs tend to avoid technology disclosure. Therefore, in order to solve the difficulties of standardization of companies, it is necessary to establish cooperation system of supporting organizations. In order to promote standardization activities, it is necessary to establish legal basis necessary for technology protection.