• Title/Summary/Keyword: Obligation and restrictions

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A Study on the Extension of Cadastral Registration Objects - Focused on the Registration of Obligations and Restrictions - (지적공부 등록사항 확장 방향성에 관한 연구 - 의무 및 제한사항 등록을 중심으로 -)

  • Kim, Young-Hag;Park, Jong-Cheul;Oh, Bu-Hwan
    • Journal of Cadastre & Land InformatiX
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    • v.45 no.2
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    • pp.15-26
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    • 2015
  • Since the creation of modern cadastral system in 1910's the cadastral system has been modified to comply with a new technical development and diverse requirements. However, the discussion on the directions for extension of cadastral records has been rarely addressed. In this paper it is proposed that the direction of extension cadastral records from the current a right focused perspective to an obligation and restrictions perspective based on the FIG Commission 7's Cadastre 2014 which is a future vision of cadastral system development. As the extension directions, a legal and technical perspective and functional extension for a role for land information publicity platform has been presented. Considering the extension directions an environment and disaster management field has been reviewed for an applicable fields.

Developing Digital Games through Software Reuse

  • Neto, Beatriz;Fernandes, Lucia;Werner, Claudia;De Souza, Jano Moreira
    • Journal of Information Processing Systems
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    • v.6 no.2
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    • pp.219-234
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    • 2010
  • Gaming is an old humans' habit. Games help in logical development and encourage learning of theoretical and practical concepts. Besides they offer entertainment and challenge. The advent of the personal computer changed this tradition. Every year new challenges arise in a digital format, which lead the young and adults to spend hours in front of a computer or TV screen in an attempt to overcome hurdles and reach an objective. Quality, sophistication, and constant innovation are attained through complex computer software that almost has an obligation to improve as each new title is released, due to this game development becomes a challenge. Considering that a game title is software and thus faces the same restrictions of business applications, this article intends to analyze, under the optics of reuse, if game development resorts to reuse, and where and how this happens.

The Prohibition Against Medical Refusal and the Principle of Private Autonomy in Medical Contracts (보건의료관련 법률의 진료거부금지에 관한 규정이 의료계약에서 계약의 자유를 제한하는지에 관하여)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.81-109
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    • 2021
  • This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

A Study on the IMO Regulations regarding GHG Emission from Ships and its Implementation (선박기인 온실가스 배출에 대한 IMO의 규제와 이행방향)

  • Lee, Yun-Cheol;Doo, Hyun-Wook
    • Journal of Navigation and Port Research
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    • v.35 no.5
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    • pp.371-380
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    • 2011
  • Traditionally, UNCLOS stipulates that States have the obligation and responsibility to protect and preserve the marine environment and exercise their rights in Principle of Non-Discrimination with respect to foreign ships visiting to port states. UNFCCC and Kyoto protocol established Common but Differentiated Responsibility as the basis which is established on the historic responsibility. The principle in which IMO is presently developing the regulations of Green House Gas emitted from ships is contradict with the principle of UNFCCC regime. In this paper, the development and the principle of UNFCCC and Kyoto protocol is surveyed and it provides the tendency of the IMO activities regarding GHG emission from ships. Also, through consideration of the problems and restrictions drawn from comparison between two principles, the conclusion suggests the fundamental theory and implementation means in order to carry out the purpose of IMO regulations in accordance with the principles of UNCLOS and IMO Convention.

A Study on the Institutional Limitations of Chemical Exposure Control for Cleaning Workers - Focusing on the Exclusion of Preparation and Submission of Material Safety Data Sheets (청소노동자 화학물질 노출 관리의 제도적 한계 고찰 - 물질안전보건자료 작성·제출 제외 조항을 중심으로)

  • Shin, Saemi;Ki, Nosung;Lee, Hea Min;Kim, Dong Hyeon;Wee, Seohyeon;Byeon, Sang-Hoon
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.1
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    • pp.41-52
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    • 2022
  • Objectives: This study intends to review the impact on cleaning workers and suggest directions for improvement by reviewing the legal and institutional ways in which Article 86 Nos. 7 and 16 of the Enforcement Decree of the Occupational Safety and Health Act work on the maintenance and promotion of cleaning workers' health. Methods: The following laws and systems were reviewed and considered: First, the occupational safety and health legislation obligated or required to be applied to protect the health of cleaning workers; Second, the status of control of chemicals or mixtures used at cleaning sites through the Consumer Chemicals Product and Biocide Safety Control Act; Third, Control of consumer products according to foreign material safety data sheet related laws. Results: Legal and institutional measures necessary to protect the health of cleaning workers include the legal control of harmful substances to be controlled, work environment monitoring, and special health examinations. The application of the Consumer Chemicals Product and Biocide Safety Control Act does not satisfy the legal and practical level of health maintenance and promotion required by the Occupational Safety and Health Act, and the communication of chemical information is insufficient. Overseas, there are restrictions on the use of consumer products in the workplace without material safety data sheets. Conclusions: It is necessary to improve the system to ensure the health of workers handling consumer chemical products. The remaining laws and regulations exempted from the obligation to prepare material safety data sheets should be additionally reviewed.

A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.1
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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