• Title/Summary/Keyword: Related laws

Search Result 1,409, Processing Time 0.255 seconds

A Study on the Enforcement of Interim Award of Arbitral Tribunal in International Commercial Arbitration (국제상사중재에서 중재판정부에 의한 임의중재판정의 집행에 관한 연구)

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.46
    • /
    • pp.381-406
    • /
    • 2010
  • The enforcement of international arbitration raises a variety of procedural and related issues in national and international arbitral laws. In addition to the problems it is not easy to understand the rights and enforcement of interim measures by arbitral tribunal. Many countries and international rules allow the arbitral tribunal to submit the interim measures applied by a dispute party. However, interim measures are not recognised and enforced by itself in international commercial arbitration. It has not been completed in the rules of arbitration nationally and internationally. This is the reason why the confirmation of international and national laws is important to effect interim measures practically. In the case of Korean arbitral laws do not include articles of enforcement of interim measures even permit rights of decision of interim measures by arbitral tribunal in the national arbitral laws improperly and unreliably. This paper discuses the deficits of enforcement of interim measures which is submitted the type of award by the arbitral tribunal. The paper also points out and refers the revised model law of arbitration by UNCITRAL in 2006 which was changed to allow the interim award and should be imposed its enforcement of any types of interim measures by the arbitral tribunal in international commercial arbitration.

  • PDF

A Comparative Study on Laws and Policies of Advanced Countries to Prevent Fall Accident (건설현장 추락재해 방지를 위한 해외 선진국간의 법령비교연구)

  • Oh, June-Seok;Lee, Joo-Hyeong;Jeon, Sang-Sub;Son, Ki-Young
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2019.11a
    • /
    • pp.199-200
    • /
    • 2019
  • Although accidents in the domestic construction industry have been decreased gradually, deaths in the construction sites have been occupied 49.9 percent of the total industry and deaths from fall accident have been accounted for 59.7 percent of the construction industry. In order to prevent fall accident, Occupation Safety and Health Act(OSHA) was enacted for setting management standards and detailed regulations was designed by the Ministry of Employment and Labor. Although government has been pushed for companies and workers to comply the regulations, currently, many domestic construction sites have been violated. On the other hand, in safety-advanced countries such as the United States, Japan, and the EU, industrial accidents have been decreased due to continual application of adapted safety policies according to characteristic in each country. Therefore, it is necessary to analyze laws and polices of advanced countries and apply them to domestic construction sites in order to reduce fall accidents. Therefore, the objective of this study is to compare domestic laws related fall accident with advanced countries laws. In the future, the results of this study will be utilized as a reference to reinforce Occupation Safety and Health Act(OSHA).

  • PDF

A Comparative Study on the Legal Responsibilities Classified by Time Slots and Educational Participants Using School Safety Accident Cases of Korea and China (한국과 중국의 학교안전사고 판례에 기초한 시간대별 및 교육주체별 책임에 대한 비교연구)

  • Piao, Li-Na;Lee, Il-Yong
    • Korean Journal of Comparative Education
    • /
    • v.28 no.1
    • /
    • pp.25-49
    • /
    • 2018
  • The rate of school safety accident is increasing gradually. Recently bullying at school also became harsh, the number of related cases is increasing. The purpose of this study is to compare laws between Korea and China, to analyze law cases related with school safety accidents, and to suggest alternatives for the People's Republic of China. Total 80 cases were used. The research results are as follows. First, responsibility decision criteria of both countries are different because of related laws and regulations. Second, responsibility ranges of educational participants are different because of responsibility reversion principle and school safety accident policy. Third, through the results of comparison, prevention of school safety accident, preparation of legal ground, and supplement of present laws were suggested for the future of China.

A Study on the conceptualization of disability of the Mental Health Act and Related Laws (정신장애인 관련 법령의 정신장애개념과 정신보건법의 정신장애개념 개정방향에 관한 연구)

  • Kim, Moon Guen
    • Korean Journal of Social Welfare Studies
    • /
    • v.44 no.2
    • /
    • pp.297-326
    • /
    • 2013
  • The purpose of this study was firstly to analyse the conceptualization of disability of the Mental Health Act and related laws and to suggest revision of the definition of psychiatric disability of Mental Health Act to improve the protection of human rights and welfare of the people with psychiatric disability. For these purposes this paper reflected on the disability models of WHO(1980, 2001) and multiple paradigm of disability of Priestley(1998) and suggested a new conceptualization of disability consists of impairment, functional disability, and social interactional disability. Based on the analyses of conceptualizations of psychiatric disability of related laws, this study suggested revision of Mental Health Act to distinguish between mental disorder and psychiatric disability, to introduce the definition of mental capacity, and to expand the conceptualization of social interactional disability.

A Development of Ontology-Based Law Retrieval System: Focused on Railroad R&D Projects (온톨로지 기반 법령 검색시스템의 개발: 철도·교통 분야 연구개발사업을 중심으로)

  • Won, Min-Jae;Kim, Dong-He;Jung, Hae-Min;Lee, Sang Keun;Hong, June Seok;Kim, Wooju
    • The Journal of Society for e-Business Studies
    • /
    • v.20 no.4
    • /
    • pp.209-225
    • /
    • 2015
  • Research and development projects in railroad domain are different from those in other domains in terms of their close relationship with laws. Some cases are reported that new technologies from R&D projects could not be industrialized because of relevant laws restricting them. This problem comes from the fact that researchers don't know exactly what laws can affect the result of R&D projects. To deal with this problem, we suggest a model for law retrieval system that can be used by researchers of railroad R&D projects to find related legislation. Input of this system is a research plan describing the main contents of projects. After laws related to the R&D project is provided with their rankings, which are assigned by scores we developed. A ranking of a law means its order of priority to be checked. By using this system, researchers can search the laws that may affect R&D projects throughout all the stages of project cycle. So, using our system model, researchers can get a list of laws to be considered before the project they participate ends. As a result, they can adjust their project direction by checking the law list, avoiding their elaborate projects being useless.

The Efficient Management Plans for the Lightweight Partition Walls and Evacuation Space in Apartment Houses (아파트에 설치된 경량칸막이 및 대피공간의 관리방안 모색)

  • Shin, Hyo-Jin;Yun, Ji-Hui;Kong, Ha-Sung
    • Journal of the Korea Safety Management & Science
    • /
    • v.17 no.1
    • /
    • pp.53-66
    • /
    • 2015
  • This study classified the study subjects as apartment residents and managers, and conducted the descriptive statistics of research questions related to the effectiveness of the lightweight partition walls and the evacuation space. This study also conducted T-test and Anova to find the different perceptions of the lightweight partition walls and the evacuation space, and the different perceptions of related laws according to the characteristics of the residents and managers. The findings and suggestions were as follows. Firstly, strengthening of the Senior Fire Safety Manager system to prevent the insolvency of fire safety management due to the affiliate. Secondly, implementing enhanced penalties in accordance with not implementing residents education, in order to prevent not smoothly delivering manager trained education to residents. Thirdly, adjusting hands-on training time according to the gender of the managers to supplement women's relatively low perceptions of lightweight partition. Fourthly, mandating evacuation guidance stickers on the evacuation space for residents to remove obstacles in the evacuation space. Finally, establishing regular residents education system in order to improve the awareness of the related laws for residents residing over 16th floors.

A Basic Study on the Introduction Facilities of Agriculture and Rural Areas for the Establishment of the Rural Space Plan (농촌공간계획 수립을 위한 농업·농촌 도입 시설에 관한 기초연구)

  • Kim, Yong-Gyun;Kim, Sang-Bum
    • Journal of Korean Society of Rural Planning
    • /
    • v.30 no.2
    • /
    • pp.25-34
    • /
    • 2024
  • This study is a basic study for reorganizing the facility system of agriculture and rural areas necessary for establishing a rural spatial plan. Accordingly, the newly implemented rural spatial planning system was briefly reviewed. As the scope of the study, the facility-related laws and the classification and classification system of facilities of previous studies were set as the scope of the study. In order to reorganize the facility system in rural areas necessary for establishing a rural space plan, this study compared and analyzed the facilities according to the laws related to the facilities and the use of previous studies. As a result of analyzing 21 target sites for rural agreements with 12 sectors of service facilities in rural areas as indicators, 14 facilities in 8 sectors were found to be commonly introduced for the establishment of living areas in rural areas or regional development. However, the classification of production space facilities related to agriculture as functional facilities necessary for rural life was insufficient. Accordingly, when considering the specificity of rural areas, it is necessary to classify facilities of living spaces in rural areas and production space of agriculture according to their use.