• 제목/요약/키워드: National Legislation

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Industry's Response to the Green Movement

  • Little, Barry F.P.
    • 분석과학
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    • 제8권4호
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    • pp.1075-1078
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    • 1995
  • This paper describes how industry has responded to the environmental challenge. Benefits include compliance with environmental legislation; genuine reductions to environmental impact; sustainable improvements to profitability in the face of increased competitive pressure. National and international Standards for environmental management offer security and direction for a company wishing to improve environmental performance and coupled with a waste minimisation strategy many financial and environmental benefits can be achieved. Introduction of new technical skills, techniques and worker understanding to aid motivation is an essential component of such a strategy. Monitoring and targeting has a key role to play in the establishment of improved environmental performance.

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Congressional Control of Bureaucracy in the United States: Ex Ante vs. Ex Post Control Mechanisms

  • Park, Hong Min
    • 미국학
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    • 제43권1호
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    • pp.115-143
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    • 2020
  • The U.S. Congress has been known to effectively control the bureaucracy. On one hand, Congress adjusts the degree of discretion provided to the bureaucracy when making agencies or legislation: ex ante control. On the other hand, it also performs the oversight activities to punish or correct undesirable behaviors of bureaucrats: ex post control. While the dynamics of each control mechanism is widely examined theoretically, few have attempted to empirically investigate this with a special attention to partisan politics in Congress. I attempt to fill this gap by measuring the two types of control mechanisms, testing theoretical assertions, and analyzing the dynamics under the two control mechanisms.

Hyperledger Blockchain Design for Sharing, Spreading, and Protecting National Cybersecurity Information

  • Park, Dea-woo;Lee, Sang-hyeon
    • Journal of information and communication convergence engineering
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    • 제18권2호
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    • pp.94-99
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    • 2020
  • Real cyberterrors are invisible and difficult to identify. Even after a cyberattack, its origin and cause are difficult to determine. Cyberterrorism results in invisible cyberwars, and it is believed that World War IV will begin with a cyberwarfare. For national cybersecurity, information on cybersecurity must be collected, shared, and disseminated. In this study, we investigate a blockchain system designed based on the World Cybersecurity Agreement. National cybersecurity information is linked to the hyperledger blockchain system network through the National Cybersecurity Center. National cybersecurity information designs and uses a secure protocol for protection; further, it is collected, shared, and disseminated to treaty countries. National cybersecurity information is shared and spread by the hyperledger blockchain system, and it uses a cyberdefense system that responds to the cyberattacks and their origin. This paper serves as a policy and legislation guideline for forming a World Cybersecurity Agreement between countries.

국제상사중재에서 중재판정부의 권한과 임시적 처분에 관한 연구 (The Powers and Interim Measures of the Arbitral Tribunal in International Commercial Arbitration)

  • 이강빈
    • 한국중재학회지:중재연구
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    • 제18권2호
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    • pp.103-127
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    • 2008
  • This paper is to research the powers and interim measures of the arbitral tribunal in the arbitral proceedings of the international commercial arbitration under arbitration legislation and arbitration rules including the UNCITRAL Model Law and Arbitration Rules. The powers of the arbitral tribunal may be found within the arbitration agreement or any arbitration rules chosen by the parties, or the chosen procedural law. The power of the arbitral tribunal to decide its own jurisdiction is one of the fundamental principles of international commercial arbitration. It is a power which is now found in nearly all modern arbitration and rules of arbitration. Where an arbitral tribunal has been appointed then it will usually have the power to proceed with the arbitration in the event that a party fails to appear. It cannot force a party to attend but it may sanction the failure. While the arbitral tribunal can direct the parties to attend and give evidence the arbitral tribunal has no power to compel a party to give evidence. The arbitral tribunal may continue the arbitration in the absence of the party or its failure to submit evidence and make an award on the evidence before it. Under most of arbitration legislation and arbitration rules, the arbitral tribunal has the power to appoint experts and obtain expert evidence. The power to order a party to disclose documents in its possession is a power given to the arbitral tribunal by many national laws and by most arbitration rules. The arbitral tribunal cannot, however, compel disclosure and in the case where a party refuses to disclosure documents then the sanctions that the arbitral tribunal can impose must be ascertained from the applicable rules or the relevant procedural law. A number of arbitration rules and national laws allow for the arbitral tribunal to correct errors within the award. Most of arbitration legislation and arbitration rules permit the arbitral tribunal to grant orders for interim measure of protection. Article 17(1) of the Revised UNCITRAL Model Law of 2006 states: Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. Interim measures of protection usually take such forms as (1) conservatory measures intended to prevent irreparable damage and maintain the status quo; (2) conservatory measures intended to preserve evidence or assets. Orders for interim measures by the arbitral tribunal are not self-enforcing. However, the arbitral tribunal must have the powers necessary to make interim measures effective. The Article 17 B of the Revised UNCITRAL Model Law of 2006 provides applications for preliminary orders and conditions for granting preliminary orders. And the Article 17 H provides recognition of enforcement of interim measures. In conclusion, the revised articles with regard to interim measures of the UNCITRAL Model Law of 2006 would contribute significantly to the security of the effectiveness of interim measures in international commercial arbitration. Therefore, Korean Arbitration Law and Arbitration Rules would be desirable to admit such revised articles with regard interim measures.

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공동발의 네트워크에서 국회의원의 네트워크 구조가 입법 성과에 미치는 영향 (The Impact of Network Structure on Legislative Performance in Cosponsorship Networks)

  • 서일정
    • 한국콘텐츠학회논문지
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    • 제18권9호
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    • pp.433-440
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    • 2018
  • 본 연구는 공동발의 네트워크에서 국회의원의 자아 네트워크 구조가 입법 성과에 미치는 영향을 탐색적으로 살펴보았다. 네트워크 결속 이론과 구조적 공백 이론을 바탕으로 이론적 근거를 마련하였고, 19대 국회의 공동발의 네트워크를 실증적으로 분석하였다. 의안정보시스템을 이용하여 공동발의에 관한 데이터를 수집하였으며, 공동발의자가 대표발의자를 지지하는 방향성이 있고 가중 값을 갖는 네트워크를 구성하였다. 입법 활동의 성과는 발의건수와 반영비율로 측정하였으며, 네트워크 구조의 특성은 크기, 밀도, 계층성, 제약성으로 측정하였다. 상관분석, 회귀분석, 평균비교의 결과에 의하면, 자아 네트워크가 중개 구조를 갖는 의원은 다양한 집단의 다수 의원들과 정치적 또는 사회적 관계를 맺으면서 결속 구조를 갖는 의원들보다 많은 법안을 발의한다. 그리고 자아 네트워크가 결속(계층) 구조를 갖는 의원은 소속 집단의 의원들과 지속적이고 강한 지지를 교환하면서 법안의 반영비율을 높일 수 있다. 마지막으로, 야당 의원들은 여당 의원들보다 제약성이 낮고 다수의 법안을 발의하는 반면, 여당 의원들은 야당 의원들보다 계층성이 높고 법안의 반영비율이 높은 것으로 나타났다.

국내 나노안전성 관련 규제의 법체계 고찰 (A Study on the Legal System of Korea Nano-safety Related Regulations)

  • 이천무;윤종민
    • 기술혁신학회지
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    • 제19권4호
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    • pp.736-767
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    • 2016
  • 최근 일부 나노물질과 나노제품의 보건 및 환경에 대한 유해성과 위해성 문제가 사회적 이슈로 제기되는 등 과거 예상하지 못했던 부정적인 영향이 현실화되면서 나노물질 또는 나노기술이 적용된 제품의 안전성 확보가 선결되어야 한다는 사회적 공감대가 확산되고 있다. 나노물질이 환경과 인체에 미치는 위험으로부터 국민건강과 안전을 확보하기 위해 전 세계적으로 나노물질에 대한 관리 및 규제정책을 강화하고 있는 추세이며, 한국은 2011년에 '나노안전관리 종합계획(2012~2016)'을 수립하여 나노안전성 확보를 위한 범부처 정책을 추진하고 있다. 하지만, 제도적 측면에서 명확한 근거가 될 수 있는 나노안전 법제가 미비하고 나노물질의 응용범위의 다양성을 고려할 때 기존 관계 법령의 개정을 통해서는 사후대응적 한계와 전주기적 관리 및 종합적인 관리체계가 부족한 것이 현실이다. 이에 본 논문은 국내 나노안전 관리에 관한 국가정책 및 관련 법제현황을 분석하고 현행 제도상의 한계점들을 검토하여 나노안전 기반을 확립할 발전적인 법제적 개선방안을 제시하고자 한다.

유럽연합, 미국, 한국 및 일본의 합성수지 용기.포장재에 대한 현행 이행실험 규정 비교 (Comparison of the Current Migration Testing Regulations for Plastic Containers and Packaging Materials in EU, USA and Korea or Japan)

  • 이근택;이창성
    • 한국포장학회지
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    • 제5권2호
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    • pp.42-58
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    • 1999
  • Packaging materials and articles that are used in food contact applications can transfer constituents in the foodstuffs. This kind of risk of possible health hazards to consumers has been generally recognized for a long time with the consequence of establishing corresponding food regulations in most developed countries. However, the language of these laws, their interpretation, and their level of enforcement vary from country to country. Accordingly, the actual migrating levels from packaging materials can be varied depending on the migration testing methods as prescribed in the national legislation in each countries. Therefore, there are needs of elimination of non-tariff trade barriers raised by sanitary and phytosanitary or technical measures under the Final Act of the UR Agreement. In this connection, the EU and USA are currently in an ongoing process of legislation harmonization to overcome potential barriers to free trade. In general, regulations governing component transfer in the USA are more complicated and comprehensive than similar regulations in Europe. In future, standard migration testing procedures for microwave heat susceptor materials and for the use of fatty food simulant should be established and also harmonized among countries. The objective of this investigation is to compare the current regulations for migration testing for plastic containers and packaging materials in USA, EU and Korea or Japan. For those regulations, Korean standards are required to be kept up with the international standards. By doing this, the related Korean regulation could be amended along with the worldwide progress for harmonization.

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라틴아메리카 국제중재의 최근 발전경향과 특징 (Recent Trends and Characteristics of International Arbitration in Latin American Countries)

  • 조희문
    • 한국중재학회지:중재연구
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    • 제18권1호
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    • pp.97-119
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    • 2008
  • The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

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A Study on the Systematization of the Technology Act for Platforming the Fourth Industrial Revolution

  • Moon, Hyeon-Cheol
    • 한국컴퓨터정보학회논문지
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    • 제24권2호
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    • pp.163-169
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    • 2019
  • Korea has the potential to lead the era of the Fourth Industrial Revolution, which succeeded in the information and communication revolution, including the establishment of an e-government. The Go match between humans and computers has led to the realization that humans are starting to live in a new era that they have never experienced before. In 2018, the Federation of Science and Technology Organizations conducted a recognition survey on "what is the most urgent thing?" in the era of the Fourth Industrial Revolution. As a result, it has been shown that the readjustment of the laws of science and technology is most urgent, so it is necessary to analyze the laws of science and technology. According to the research, more than 400 laws are diagnosed, and laws that serve as basic laws cannot lead the Fourth Industrial Revolution. The Framework Act on Science and Technology provides an emphasis on the promotion and management of R&D projects. When analyzing the regulations on 'Development of Science and Technology Innovation System', 'Basic Plan of Science and Technology', and 'Comprehensive Plan for Promotion of Local Science and Technology', there is no suggestion of the Fourth Industrial Revolution. After all, a comprehensive analysis of the current Framework Act on Science and Technology indicates that it is in effect the R&D and Management Act. The "Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee" poses the problem of defining parliamentary legislation as administrative legislation. 'In addition, if we analyze the Smart City Act, the lack of logical links with the Framework Act on Science and Technology and the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee is a major problem. In conclusion, in order to platform the Fourth Industrial Revolution, two improvements can be put forward. First, the Framework Act on Science and Technology shall be abolished to enact the National Research and Development Administration Act, and secondly, the Framework Act on the Fourth Industrial Revolution shall be enacted to absorb the contents of the Regulations on the Establishment and Operation of the Fourth Industrial Revolution Committee.

양식수산물 자연재해 피해조사의 문제점과 개선방향 연구 (Problems and Improvement Directions for Damage Investigation of Aquaculture Products from Natural Disaster)

  • 강종호;문건호
    • 수산경영론집
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    • 제50권3호
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    • pp.31-42
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    • 2019
  • This study aims to determine problems of the damage investigation system of aquaculture products resulting from natural disaster and to deduce improvement plans for such problems. The main problems revealed from this study were as follows: 1) detailed damage investigation is carried out only by one particular organization, 2) for aquaculture insurance subscribers another detailed damage investigation is conducted to reveal the causes of natural disaster by a joint investigator team formed according to a different legislation with a different purpose, 3) damage investigation is usually suffered from lack of labor, budget and time due to the restriction of natural damage to a certain period of season leading to the absence of quick reaction capability for irresistible natural disasters, and 4) there are no specified procedures and protocols for deciphering causes of a natural demage. The improvement plans to find solutions for such problems are as follows: 1) for the investigation, the object, method and role of the investigation organization should be clarified by improving the present legislation, 2) investigation methods for determining the demage causes should be systematized by making a manual to minimize disputes, and 3) supports for the investigation organization should be institutionalized to guarantee sufficient budget and manpower. Under the present circumstance with continuous natural damages, smooth procedures of damage compensation would lead to the management stability of aquaculture farms.