• Title/Summary/Keyword: Legislation

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A Study on the Application of the FRBR Model to Legislation (법령에 대한 FRBR 모형의 적용에 관한 연구)

  • Chang, In-Ho
    • Journal of Korean Library and Information Science Society
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    • v.45 no.4
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    • pp.365-390
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    • 2014
  • This study intend to find the application methods of the FRBR model about legislation by analyzing a law life cycle from the enactment to the amendment and abolition of legislation and the type of the change after abolition. The legislation is the work as an aggregate entity consisting legal provisions and each provision is also the work. They are in the Whole-to-Part relation. The legislation has a effect by being published in the official gazette, and the updated text or the translated text is not the official version. Even if the name of the legislation is changed, it is treated as the same entity when it is not abolished and the simple rectifying text expressed in the official gazette is also legally valid. The Libraries Act has been replaced by the Libraries Act(old version), the Libraries Promotion Act, the Libraries and Reading Promotion Act and the Libraries Act(new version) in the order named, and it can be bounded into a superwork. For these examples, we provided the application method of FRBR model and suggested the actual application cases regarding Work, Expression, Manifestation and Item which are in Group 1 of FRBR model for the Libraries Act.

Analysis and Prospect of North Korean Legislation System - Focused on the 'Legislation Law' of North Korea - (북한의 법제정(입법) 체계의 분석 및 전망 - '법제정법'을 중심으로 -)

  • Park, Jeong-Won
    • Journal of Legislation Research
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    • no.53
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    • pp.9-59
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    • 2017
  • Recently, the aspect of regulating the legal system in North Korea has increased in quantity and shows the improvement of the evaluation of the lack of systematic consistency in the past. North Korean legislation has been negatively criticized for its lack of function and role of the legislative body and ambiguity of the legal system. In particular, the newly adopted "Legislation Law" in relation to the revision of the legislative system of North Korea contains important and clear contents to understand the legislative system and procedures of North Korea. The contents of the "Legislation Law" can be found a glimpse of the process by which the framework and procedures of the North Korean legislative process are organized more systematically. The North Korean legislation provides legal and institutional grounds for promoting internal and external policies under the Kim jong-un's regime. North Korea is focused on the nuclear issue, so there is limited information on other areas. In light of this, the purpose of this study is to examine the legislative theory and system of North Korea, and outline the theoretical basis of North Korea's emphasis on strengthening socialist judicial life, the socialist legal system, and the state theory of socialist rule of law. In addition, it can be analysed the content of actual legal reform in light of North Korea's legislative theory and system. In the study, it will examine the legislative system of North Korea and its characteristics by examining the legislative process and legislative process of North Korea. Moreover, it can be compared the contents of the Legislative Law of China with the legislative process of the DPRK and examine its characteristics. We will look at the challenges to the legislative system in North Korea and look into the future direction of the legislation. Kim jong-un's announcement of the revised legislation until recently through the publication of the 2016 Supplementary Codes is an important data for the current state of the North Korean legislation. This is because it confirms the content of the laws and regulations already known through "Democratic Chosun(a newspaper issued by North Korea Cabinet)'s statutory interpretation." However, in the case of laws and regulations related to the North Korean political system, it is still a remnant of the lagging legislation that the announcement is delayed, or it remains undisclosed or confidential. North Korean laws are developed and changed according to the changes of the times. In particular, the contents of the maintenance of foreign investment and the foreign economic law system and related internal legal system are found to change in accordance with the development direction of the socioeconomic system. If the direction of Kim jong-un's regime is to be expanded to the path of reform and opening up in the economic sector, the revision of the related laws and regulations will accelerate. Securing the transparency and objectivity of the North Korean legislative process and procedures will help to broaden the understanding of the inter-Korean legal system and to seek institutional measures for inter-Korean integration. In the future, in-depth research on the North Korean legal system will be emphasized as a basis for ultimately forming a unified Korea's legal system.

Contents and Issues of the Draft Legislation of Part VI the Carriage by Air of Korean Commercial Code in Respect of the Carriage of Cargo by Air (항공화물운송에 관한 상법 항공운송편 제정안의 내용 및 쟁점)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.201-238
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    • 2009
  • The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

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A Study on the Prescriptions of American Codes for Straw Bale Structures and the Legislation Direction of Korean Straw Bale Code (미국 짚단벽구조 법규 분석 및 국내의 법제화 방향 연구)

  • Kim, Jeong-Gyu
    • KIEAE Journal
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    • v.9 no.2
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    • pp.91-98
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    • 2009
  • The purpose of this study is analyzing the prescriptions of American codes for straw bale structures and proposing the legislation direction of Korean building code. The process of this study is as follows: (1) To set up the legislation direction of straw bale code of Korea, this study investigated the current state and features of straw bale houses in Korea, and looked into the worldwide status of straw bale codes and permitting. (2) To provide basic data for the legislation of Korean straw bale code or guideline, this study analyzed American codes for straw bale structures like the Tucson/Pima County Arizona Building Code Appendix Chapter 72 - Straw-Bale Structures, California State Guidelines for Straw-Bale Structures, New Mexico Standards for Non-load Bearing Baled Straw Construction, Oregon State Residential Code Appendix M - Straw-Bale Structures and so on. The analysis items are the scope of rule application, material specifications, requirements for straw bale walls/foundations and construction requirements. (3) On the base of analysis of American straw bale codes, this study proposed the legislation process and direction of Korean straw bale code and guideline.

The Practice and Effect of Water Conservation Legislation in China

  • Liu, Dingxiang;Li, Jianguo
    • Proceedings of the Korea Water Resources Association Conference
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    • 2012.05a
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    • pp.19-19
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    • 2012
  • After more 60 years' legislative practice of water resources protection, the Chinese government has initially established a legislative system of water resources protection, based on Water Law. From the development course of water resources protection legislation, the paper mainly analyzes the legal framework, main content & management system of water resources protection, and pointed out the improved direction of water resources conservation legislation in China in the future.

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A Review on the Vibration Exposure Limits in Korea

  • Park, Hee Sok
    • Journal of the Ergonomics Society of Korea
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    • v.34 no.3
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    • pp.217-222
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    • 2015
  • Objective:The objective of this study is to review the exposure limits in the legislation, guidelines, and standards for human vibration in Korea. Background: There have been relatively less interests in vibration than other risk factors in Korea. However, the importance of vibration is increasing as industry and everyday life are more mechanized. Method: Various enforcements were examined including legislation, guidelines, and standards for whole-body vibration and localized vibration. Results: No exposure limits were found in legislation, guidelines, and standards for the human vibration in Korea. Conclusion: It is important to introduce new duties regarding vibration risks to the general duties. Further studies are expected on the vibration exposure limits appropriate for Korean people and job conditions. Application: The results from this study would be of help to induce more interests in human vibration to the occupational health and safety professionals of Korea.

Criminal Justice Policy against Terrorism in China

  • Xuan, Song-He
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.12
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    • pp.213-218
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    • 2016
  • China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

Regulation System of Amusement Place Business : The Quickening Period of the Game Legislation (유기장업 관리체제 : 게임법제의 태동기 연구)

  • Hwang, Seung-Heum
    • Journal of Korea Game Society
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    • v.9 no.1
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    • pp.43-54
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    • 2009
  • This paper is written for analyzing the history of the Korean game legislation system. The regulation system of amusement place business that is discussed in this paper was started at the Enforcement Rule of the Amusement Place Act of 1973. It was maintained till 1999 and comes under the quickening period of the current game legislation. The legal regulation of this times was accomplished through the Amusement Place Act, the Amusement Place Business Act and the Public Health Act. The amusement place business was differentiated into the athletics facility business, the amusement facility business and the game proffer business of current legislations. The game proffer business succeeds to the kernel of the regulation system of amusement place business. Therefore, The basis of the current game legislation was constituted in the times of the regulation system of amusement place business. Two cores of the regulation system of amusement place business, (1) the separation of the amusement instrument and the speculation, (2) the regulation of a place of business, are still the important issues of the current game legislation.

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Second-Hand Smoke in Public Spaces: How Effective has Partial Smoke-Free Legislation Been in Malaysia?

  • Abidin, Emilia Zainal;Hashim, Zailina;Semple, Sean
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.11
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    • pp.6845-6850
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    • 2013
  • Background: This study was performed to gather data on second-hand smoke (SHS) concentrations in a range of public venues following the implementation of partial Smoke-Free Legislation in Malaysia in 2004. Materials and Methods: $PM_{2.5}$ was measured as a marker of SHS levels in a total of 61 restaurants, entertainment centres, internet caf$\acute{e}$s and pubs in Kuala Lumpur, Malaysia. Results: Under the current smoke-free laws smoking was prohibited in 42 of the 61 premises. Active smoking was observed in nearly one-third (n=12) of these. For premises where smoking was prohibited and no active smoking observed, the mean (standard deviation) indoor $PM_{2.5}$ concentration was 33.4 (23.8) ${\mu}g/m^3$ compared to 187.1 (135.1) ${\mu}g/m^3$ in premises where smoking was observed The highest mean $PM_{2.5}$ was observed in pubs [361.5 (199.3) ${\mu}g/m^3$]. Conclusions: This study provides evidence of high levels of SHS across a range of hospitality venues, including about one-third of those where smoking is prohibited, despite 8 years of smoke-free legislation. Compliance with the legislation appeared to be particularly poor in entertainment centres and internet caf$\acute{e}$s. Workers and non-smoking patrons continue to be exposed to high concentrations of SHS within the hospitality industry in Malaysia and there is an urgent need for increased enforcement of existing legislation and consideration of more comprehensive laws to protect health.