• Title/Summary/Keyword: Legislation requirements

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Derivation of Threshold Values for Groundwater in Romania, in order to Distinguish Point & Diffuse Pollution from Natural Background Levels

  • Radu, E.;Balaet, Ruxandra;Vliegenthart, F.;Schipper, P.
    • Environmental Engineering Research
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    • v.15 no.2
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    • pp.85-91
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    • 2010
  • Romania aims to adopt and implement the European Union's legislation, also including that for the field of water management. Like other countries, groundwater in Romania is locally polluted from point sources, such as leaking landfills, as well as from diffuse pollution sources, include fertilizers, pesticides and leakages from sewers, in urbanized areas. Diffuse pollution can also occur indirectly, by over-exploitation of groundwater wells, resulting in salt water intrusion, as well as from mining and exploitation of mineral aggregates. Romania has quite an intensive monitoring scheme to measure groundwater quality in phreatic and confined aquifers. The purpose of the work resumed in this paper was to derive natural background levels (NBL) for groundwater in order to distinguish the natural elevated concentrations of some substances (natural phenomena) from point and diffuse pollution (anthropogenic phenomena). Based on these NBLs, threshold values (TV) for groundwater will be set according to the requirements of the European Water Framework Directive and the related Groundwater Directive. This paper describes the results of a study for the derivation of NBL and TV in a pilot Groundwater Body. Also, the process and draft results for extrapolating this work for all Romanian groundwater bodies is explained, as well as points for future consideration with respect to monitoring and management.

A Comparative Study on the Interim Measures of Protection and the Emergency Arbitrator Systems of International Arbitration Institutions (중재판정부의 임시적 처분과 국제중재기관들의 긴급중재인 제도 비교 연구)

  • Joo, E-Wha;Bae, Sang-Phil;Shim, Sang-Ryul
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.215-238
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    • 2012
  • This paper is to review the interim measures of arbitral tribunals in international commercial arbitration and to compare the emergency arbitrator systems of international arbitration institutions including the ICDR, SCC, SIAC, ACICA, and ICC. Most arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measures of protection. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the revised articles with regard to interim measures of UNCITRAL Model Law of 2006 are regarded to contribute significantly to the effectiveness of interim measures in international commercial arbitration. A party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal may make an application for such measures. Major international arbitration institutions have their own rules and provisions for the emergency arbitrator system, which was set forth first by the ICRD in 2006. The application requirements for emergency arbitrators are almost the same. However, there are significant differences in details such as appointments and applications for challenging emergency arbitrators, the process and form of the emergency arbitrator's decision, etc. Therefore, it will be necessary to consider these differences for more desirable emergency arbitrator proceedings in Korea.

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International Safety Management(ISM) Code and Duty of Due Diligence of Ocean Carrier (국제안전관리규약(國際安全管理規約)(ISM Code)과 해상운송인(海上運送人)의 주의의무(注意義務))

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.469-492
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    • 2000
  • "International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

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Development of Vehicle Evaluation System for Pedestrian Protection (보행자 보호를 위한 차량평가시스템 개발)

  • Yong, Boo-Joong;Cho, Hyun-Deog;Lee, Jae-Wan
    • Journal of the Korean Society of Manufacturing Process Engineers
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    • v.5 no.4
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    • pp.53-58
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    • 2006
  • IHRA Pedestrian Working Group has investigated and analyzed the current status of pedestrian-vehicle accidents in IHRA member countries. According to the results, European countries and Japan are working on new regulations to improve passive pedestrian protection on passenger cars significantly. Although IHRA proposed pedestrian test procedures, which may provide a basis of technical regulations in the future, further research and development are necessary to refine the procedures. In order to prepare and satisfy the pedestrian protection requirements, domestic passenger vehicles also should be tested. Among various safety-related studies based on accident data analysis, dealing with pedestrian head injury would be considered one of the keen interests. In this study, the pedestrian headform impact test system is developed. The developed system will be useful to carry out validation study of the test procedures through actual tests using sample vehicles, and to explore the car feasibility level prior to the use of the test methods in legislation.

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Current Status of Internal Dosimetry Methods and Radiological Regulations in Korea, Ukraine and European Community

  • Lee, Tae-Young;Lee, Jong-Il;Berkovski, Vladimir
    • Journal of Radiation Protection and Research
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    • v.28 no.1
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    • pp.65-73
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    • 2003
  • The paper discusses results of recent international intercomparison exercises on internal dose assessments, status of up to date internal dosimetry methods and the radiological legislation developed and implemented in Korea, European Union and Ukraine. The system of radiation protection in Korea is based on the Korean Atomic Energy Regulatory Enforcement on Safety Standards (Ministry Notice No. 2001-2). The notice is based on the recommendations in ICRP Publication 60 (1990) and IAEA Basic Safety Standards (1996). But the full implementation of the notice by the end of the year 2002 is not required because of the socio-economic situation and inexperience in internal radiation dosimetry Regulatory framework for internal radiation dosimetry is under development toward the full implementation of the notice from January 1, 2003. The system of radiation protection in Ukraine is based on the National radiation protection regulatory code NRBU-97. The code was developed and adopted in 1998 and replaced the Regulations of Former Soviet Union. The document is based on the ICRP Publication 60, Euratom Directive 96/29 and IAEA Basic Safety Standards (1996). The transitional period of 5 years (effected till January 2003) is established for implementation of all requirements of this new regulation. The system of radiation protection in the European Community is based on the Council Directive 96/29/Euratom, adopted in 1996 and enforced from 13 May 2000. Directive 96/29/Euratom has the status of the European law.

Industry and Consumers Awareness for Effective Management of Functional Animal-based Foods in South Korea

  • Wi, Seo-Hyun;Park, Jung-Min;Wee, Sung-Hwan;Park, Jae-Woo;Kim, Jin-Man
    • Preventive Nutrition and Food Science
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    • v.18 no.4
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    • pp.242-248
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    • 2013
  • In recent years, manufacturers of animal-based foods with health claims have encountered difficulties in the labeling of their products because of a lack of regulation on defining the functionality of animal-based foods. Therefore, this study was conducted to establish the basic requirements for the development of a definition for functional animal-based foods by investigating consumer and industry awareness. Survey data were collected from 114 industry representatives and 1,100 consumers. The questions of the survey included items on production status and future production plans, functionality labeling, promotion plans, establishment of definition, the role of the government, consumer perception, and selection of products. The results show that both industry representatives and consumers believe that legislation and the provision of scientific evidence should be improved for the development of a functional animal-based foods market. The results obtained from this study will contribute to consumer trust by supplying correct information and can be utilized in the industry as basic data for the development of functional animal-based food products.

A Study on the Effects and Adaptation of Climate Change in Insurance Industry (보험업의 기후변화 영향과 적응에 관한 연구)

  • Nam, Sang Wook
    • Journal of Climate Change Research
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    • v.8 no.2
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    • pp.153-161
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    • 2017
  • The purpose of this study is to screen for the effects of climate change and climate change adaptation in the insurance industry. There is now a consensus that the climate is changing, with potential risk to the global economy and human health and so on. On the other hand, unknown is the extent to which insurance business pattern have already been affected. But the increase in damage due to climate change is likely to raise insurance company losses. In this regard, I conduct especially an effects of the insurance industry on climate change. And than, I analyzed what insurance companies would do to lessen the impact of climate change. As a result, the impact of climate change on the insurance industry is a huge increases in claims due to disasters and diseases arising from climate change. And another thing is growth in climate change-related legislation, regulations and reporting requirements such as financial soundness regulation and climate change risk disclosure. Therefore, the insurance industry needs to build a climate change adaptation strategies include capital raising, liquidity of assets, faithful debt management and so forth.

Analysis of the Necessity of Medical Records Related to Radiological Examination (방사선검사의 의무기록에 관한 요구도 분석)

  • Hong, Dong-Hee;Lim, Cheong-Hwan;Lim, Woo-Taek;Joo, Young-Cheol;Jung, Hong-Ryang;Kim, Eun-Hye;Yoon, Yong-Su;Jung, Young-Jin;Choi, Ji-Won;Jeong, Sung-Hun;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.513-523
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    • 2021
  • The purpose of this study was to discuss the required items and feasibility of medical records of radiological examinations performed by radiological technologists at medical institutions. An online survey was conducted to a total of 10,000 radiation-related workers, of which 1,026 (10.3%) responded. As a research method, self-made questionnaires were used. The online survey was conducted from September 10 to September 20, 2021 for the survey period. For response data, a Chi-square test was performed according to demographic characteristics using SPSS 27.0 version (IBM Inc., Chicago, Ill, USA), and it was judged to be significant when the P value was less than 0.05. The reliability of the questionnaire response was found to be Chronbach α=0.933. More than 90% of the medical records related to radiological examinations are necessary, and they answered that a curriculum, remuneration curriculum, and legal system for medical records should be prepared. More than 90% of the respondents agreed with the proposal of the Radiological Technologist Independent Act for legal preparation, and most of the information required for medical records is currently recorded in DICOM images. According to the demographic characteristics, the medical record requirement for radiological examination, curriculum, continuing education, and legislation were found to be higher with higher education and higher with longer working experience. In addition, most of the radiology departments showed a high demand for medical records, so most of them responded positively to the medical records requirements for radiological examinations. This study analyzed the medical record requirements for radiological examinations, and as shown in the results, medical record requirements for radiological examinations was found that most radiological technologists felt need for the new law and supported it. In addition, if the information recorded in the DICOM image is used, it is considered that medical records could be easily prepared without additional work by the radiological technologists.

A Study on Recognition of Foreign Judgements Obtained by Fraud (사기에 의하여 취득한 외국재판의 승인에 관한 연구)

  • Lee, Hun-Mook
    • Journal of Legislation Research
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    • no.53
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    • pp.553-591
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    • 2017
  • This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

Litigation for Determination of Boundary under German Law (독일법상의 경계확정소송)

  • Lee, Choon-Won
    • Journal of Cadastre & Land InformatiX
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    • v.44 no.1
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    • pp.17-35
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    • 2014
  • There is no provision regarding the 'litigation on land boundary' under the Korean laws. Therefore, there are disputes in theory with respect to its nature, requirements for litigation, criteria for determination, etc., and it is necessary to establish the provisions of the law on this issue in the future. For this legislation, it is necessary to conduct a comparative consideration on laws of other countries which have completed the relevant provisions. This study, as a first step, researches a history of litigation for determination of boundary under the Roman law and medieval law, and furthermore introduces the German law which has relatively completed legal provisions on litigation for determination of boundary. In addition to common ownership litigation, the German law has established a provision on litigation for boundary as a judicial procedure considering a special place, called as a dispute on ownership of adjacent land, on the assumption that it is difficult or impossible to prove the boundary. The primary purpose of this litigation is to clarify a true boundary, and if such clarification is impossible, a boundary is discretionally created in accordance with the statutory standards under Article 920 of the German Civil Act (BGB). It means creation of the scope of land ownership by operation of decision, not only by the 'discovery of original boundary'. Both cases are different from each other in the aspect of judicial decision, but embracing them into one is a lawsuit for determination of boundary under the German law. Under the Korean legislation, it is necessary to make a theory containing two different criteria for determination into a single type of litigation, considering such aspects.