• 한국중재학회지:중재연구
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• 제16권3호
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• pp.91-125
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• 2006

The arbitration rule of CIETAC was vastly revised and was put in force on May 1, 2005. By its revision, China has improved its arbitration system. Chinese arbitration law had many problems when it was enacted in 1995, but the problems could not be avoided because of the poor surroundings for arbitration in China. As China has not had much experience in operating its legal system effectively, and also has little in the way of studies on legal theory that would allow it to deal with its laws in a flexible manner, authorities usually wait to revise a law until enough relevant experience has been accumulated. Therefore, during the 10 years since its enactment, China has resolved the problems within its arbitration law through revision of arbitration rule rather than by revision of the law itself. As this law is a basic one in ruling the arbitration system in China, there are some limitations as to how far the system can be developed through revision of arbitration rule alone. In spite of the limitations, the revision in 2005 contributed a great deal to resolving the existing problems within Chinese arbitration law. The biggest problem in the arbitration law is the Chinese arbitration law that restricts party autonomy. With the revision of the arbitration rule, many problems concerning party autonomy were circumvented. This occurred because the arbitration rule now provides parties the opportunity to choose arbitration rule other than the CIETAC arbitration rule, and even allows parties to agree to amend articles in the CIETAC arbitration rule -- a very important revision indeed. In addition to party autonomy, there are other improvements for example, there is an enhancement of the independent character of the CIETAC, clearing of jurisdiction, easing in the formation of arbitration agreement, improvement in the way arbitrators are chosen, and enhancement in the cultural neutrality of the arbiter. Problems still remain that can only be solved by revision of the arbitration law itself. These problems relate to the governing law of the arbitration agreement, the collection of evidence, custody of property, selection of chief arbiter, interlocutory awards, etc. In addition, some non-legal problems must also be resolved, like the actual judicial review of arbitration awards or difficulties of executing arbitration awards.

• 한국치위생학회지
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• 제16권5호
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• pp.677-685
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• 2016

Objectives: The purpose of the study was to investigate the basic materials required for law revision regarding dental hygienists through perceptions and opinions of legislation amendments. Methods: The study was conducted from April 23, 2016. A self-reported questionnaire was completed by 797 dental hygienists in Seoul and Gyeonggido after receiving informed consent from institutional review board (IRB No. PO1-201602-23-001). Results: Necessity for dental hygienist-related medical law revision accounted for 92.4% and 85.4% of dental hygienists replied that specialized dental hygienist system must be established. The reasons for medical law revision were as follows; roles and education of medical technicians (60.6%), settlement of medical legal problems (48.0%), cooperation with other organizations (29.0%), political negotiations (17.4%), and national consensus (9.5%). The score for 'possible to get legal protection by the system establishment of roles and work scope of dental hygienists' was 4.11 of 5 points. Conclusions: It is important to establish the job scope of dental hygienist. The revision of dental hygienist-related law will help to enhance the status of dental hygienists as professional medical technicians in the future.

• 한국중재학회지:중재연구
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• 제30권1호
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• pp.3-37
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• 2020

The Korean Arbitration Act (KAA) enacted in 1966 was entirely revised in 1999, adopting the 1985 UNCITRAL Model Law on International Commercial Arbitration. Korea is trying to be an international arbitration hub in the region, taking advantage of its geographical location in Asia and its highly open economy. KAA was revised in 2016 again in order to reflect the criticisms against the previous KAA, changes in the arbitration environment, and the 2006 amendment to the UNCITRAL Model Law. The basic direction of the revision was to maintain the UNCITRAL Model Law system and to deal with the national arbitration and international arbitration in the same framework. The scope of revision covers all fields of arbitration, including arbitration agreements, arbitrators, arbitral proceedings, interim measures of the arbitral tribunals, recognition/enforcement of arbitral awards, and their annulment. This paper aims to introduce the important issues of the 2016 revision of KAA, to offer important information discussed in the process of revision, and thus to help those concerned in the interpretation and implementation of KAA. The 2016 revision of KAA is expected to help greatly in promoting not only the national arbitration, but also the international arbitration in Korea.

• 수산경영론집
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• 제43권1호
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• pp.63-74
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• 2012

The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

• International Journal of Internet, Broadcasting and Communication
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• 제15권2호
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• pp.49-59
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• 2023

In accordance with the revision of "Special act on the safety control of publicly used establishments", this study is aim to measure the change in evacuation time due to whether safety facilities, etc. are installed of a room escape cafe business and kids cafe business(hereinafter referred to as "New publicly used establishments"), which were added as new targets of the publicly used business from June 8, 2022. In the case of new publicly used establishments or publicly used establishments whose owners are changed after the revision of the relevant laws, safety facilities, etc. are installed and maintained under the "Special act on the safety control of publicly used establishments", but in the case of existing businesses that have been operating even before the revision of the law, the business continues without safety facilities, etc. installed because the revised law is not retroactively applied. The purpose of this study is to compare and analyze the change in evacuation time by measuring the evacuation time to operating before the revision of the law to simulate evacuation at existing new publicly used establishments without safety facilities, etc. and measure the evacuation time at new publicly used establishments with safety facilities after the revision of the law

• 농촌지도와개발
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• 제6권2호
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• pp.53-74
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• 1999

This study aimed at exploring new directions for revision of the Rural Development Law. Research and development for environmentally friendly agricultural technologies and localization of the extension offices and staffs were some of the important challenges to agricultural extension services in Korea. The study suggested new directions for revision of the Rural Development Law should consider new development and environmental concerns of agricultural sciences, and needs of farmers, local and central government. Some of major focus of the revised Rural Development Law should include the following; 1) Rural development programs should cover extended areas of newly developed concerns and target groups, 2) County and city administration should provide proper administrative and financial support for local agricultural extension center. 3) Areas for agricultural research and development should be extended to meet the needs of newly developed technologies and sustainable environment system at local level, 4) Monitoring and evaluation of extension efforts should be performed annually to support financially and to strengthen proper systematic linkage between national and local extension services.

• 한국교육학연구
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• 제22권1호
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• pp.25-51
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• 2016

이 연구는 2011년 제정된 고등교육법일부법률개정안(이하 강사법)에 대한 강사들의 인식을 분석하고 향후 이 법의 개정 방향에 대한 쟁점을 논의하기 위해 수행되었다. 이 연구에서는 두 가지 연구문제를 설정하였다. 첫째, 강사법 제정과 강사법의 주요 내용에 대해 강사들은 어떻게 인식하고 있는가? 둘째, 강사법 유예과정에서 정부와 강사노조가 제안한 강사법 개정(안) 및 강사법 개정 방향에 대해 강사들은 어떻게 인식하는가? 이를 위해, 연구자는 강사 및 고등교육 전문가 16명과 심층면담을 실시하였다. 연구결과, 강사들은 강사법 제정 및 도입 의의를 인정하면서도 정부의 생색내기 또는 선거용 입법으로 인식하였으며, 강사법 시행이 반쪽짜리 교원을 양성할 것으로 우려하였다. 또한 이들은 강사법이 강사들의 처우를 실질적으로 개선하는 방향, 예컨대 강사료 인상과 고용 안정화를 보장할 수 있도록 보완되어야 한다고 강조했다. 그러나 강사들의 연령과 전공영역에 따라 강사법 개정 방향에 대한 입장이 나뉘기도 했다. 분석결과를 토대로, 연구자는 강사법 대체법안 마련을 고등교육 재정 확보, 강사노조 또는 개별 강사들 간의 입장 차이, 한국 고등교육의 문제점 응축 등의 쟁점과 관련하여 논의하고 강사들의 처우 개선을 위한 몇 가지 방안을 제안하였다.

• 한국조리학회지
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• 제7권1호
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• pp.57-90
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• 2001

We investigated the unequivalence of Food Sanitation law, School Foodservice law and recent reports studied about hazard analysis critical control point(HACCP) system. We also found out that cook's duties were expressed several times in the standard job classification in Korea national statistical office based by the international labor organization(ILO) since 1963, but not ever in the Food Sanitation law and School Foodservice law. Based on these investigations We propose clear expression of cook's duties in the Food Sanitation law and School Foodservice law, and enactment of regulation or law of Cook to reduce any possible food poisonings. However these proposals need to be studied and improved in many different ways for the revision and enactment of the law of cook.

• 의료법학
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• 제16권2호
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• pp.295-326
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• 2015

2012. 2. 1. 의료법이 개정되며 의료인은 2개 이상의 의료기관을 개설할 수 없을 뿐 아니라 운영에도 관여할 수 없게 되었다. 그러나 이러한 개정 법률의 입법목적이 무엇인지 불분명할 뿐 아니라 여러 제반사정을 기초로 입법목적을 확정하더라도 개정 법률이 그러한 목적을 달성하기에 적합한 수단이 되기 어렵다. 이 글에서는 의료법 개정 경과와 의료기관 1인 1개설주의의 연혁, 개정 의료법의 입법목적을 확정 검토하는 한편, 개정 의료법이 제한하는 기본권과 명확성의 원칙, 과잉금지원칙을 토대로 동 법률의 위헌성을 살펴보기로 한다.

• 대한안전경영과학회지
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• 제11권1호
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• pp.51-57
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• 2009

In order recently to plan the economic position improvement and an independence of the disability the concept which is the "Disability Firm Activity Promotion Law" establishes and "the Disability firm" uses. But the policy the Disability Firm Activity Promotion Law which is an obstacle for the true feelings Disability firm was about there is a lingering. Promotes the activity of the Disability firm from the research which sees the Disability Firm Activity Promotion Law revision direction for the competitive improvement of the Disability firm.