• Title/Summary/Keyword: Rules and regulations

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The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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Real-Time Fraud Detection using Data Quality Diagnosis Techniques for R&D Grant (데이터 품질진단 기법을 이용한 연구개발비 이상거래 실시간 탐지)

  • Jang, Ki-Man;kim, Chang-Su;Jung, Hoe-kyung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.19 no.11
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    • pp.2609-2614
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    • 2015
  • National research and development projects institutions have implemented various measures in order to prevent R&D expenses abuse and negate enforcement. but it reveals a limit to prevent abuse of R&D expenses[1,2]. In this paper, to prevent abuses resulting from the R & D for the unusual trading post caught collecting information from the R & D phase implementation plan to detect unusual transactions. The results are subjective and research institutions, and specialized agencies to take advantage of shared, real-time cross-linkage between the credit card companies. Studies of data quality diagnostic techniques developed for this purpose related regulations and manuals, Q & A, FAQ, Outside-in business rules that derive from a variety of information, such as personnel interviews (Outside-In) was used for analysis.

A Study on the Effect of the Changes of Play Facilities on Rules Changes - Focusing on the City of Seoul - (관련법규 변천이 아파트단지 내 어린이놀이터 변화에 미치는 영향 연구 - 서울시 소재 현장을 중심으로 -)

  • Kim, Dong-Chan;Suh, Joo-Hwan;Park, You-Jeong
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.2
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    • pp.26-35
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    • 2009
  • This study is an analysis of the design changes of children's play facilities and the related rules and regulations which causes these changes. Accordingly, it is noticed that a site's change of design by legislation and by yearly alternation influences playground design. First, after revising the provisions for the distance from roads and parking lots, the constructing of safety fences between play facilities and the using of durable materials, alterations of the designs have been made a reality. Second, the design changes after the period of regulation transitions were caused by provisions related to the shelter of evergreens and conditions of the sun. Third, the changes of the playgrounds were related to the substitution of exercise facilities for the local residents and in carrying out a hygiene exam more than twice a year. Because a lack of regulatory standards for the design of playgrounds resulted in compliance based on individual interpretation and because a substitution of exercise facilities is part of the way to alleviate these regulations, the conditions of the site under investigation could be projeced. By such changes of regulations and analysis of alterations of playground design, programs for improvement were suggested. It turned out that the composition of the concrete standard in conformity with regulations required closer observance. Moreover, design standards for children's playgrounds are needed, such as the provision of variation in external appearance, the creation of more flexible layouts and the outlining of spaces by themes.

Comparison of Association Rule Learning and Subgroup Discovery for Mining Traffic Accident Data (교통사고 데이터의 마이닝을 위한 연관규칙 학습기법과 서브그룹 발견기법의 비교)

  • Kim, Jeongmin;Ryu, Kwang Ryel
    • Journal of Intelligence and Information Systems
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    • v.21 no.4
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    • pp.1-16
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    • 2015
  • Traffic accident is one of the major cause of death worldwide for the last several decades. According to the statistics of world health organization, approximately 1.24 million deaths occurred on the world's roads in 2010. In order to reduce future traffic accident, multipronged approaches have been adopted including traffic regulations, injury-reducing technologies, driving training program and so on. Records on traffic accidents are generated and maintained for this purpose. To make these records meaningful and effective, it is necessary to analyze relationship between traffic accident and related factors including vehicle design, road design, weather, driver behavior etc. Insight derived from these analysis can be used for accident prevention approaches. Traffic accident data mining is an activity to find useful knowledges about such relationship that is not well-known and user may interested in it. Many studies about mining accident data have been reported over the past two decades. Most of studies mainly focused on predict risk of accident using accident related factors. Supervised learning methods like decision tree, logistic regression, k-nearest neighbor, neural network are used for these prediction. However, derived prediction model from these algorithms are too complex to understand for human itself because the main purpose of these algorithms are prediction, not explanation of the data. Some of studies use unsupervised clustering algorithm to dividing the data into several groups, but derived group itself is still not easy to understand for human, so it is necessary to do some additional analytic works. Rule based learning methods are adequate when we want to derive comprehensive form of knowledge about the target domain. It derives a set of if-then rules that represent relationship between the target feature with other features. Rules are fairly easy for human to understand its meaning therefore it can help provide insight and comprehensible results for human. Association rule learning methods and subgroup discovery methods are representing rule based learning methods for descriptive task. These two algorithms have been used in a wide range of area from transaction analysis, accident data analysis, detection of statistically significant patient risk groups, discovering key person in social communities and so on. We use both the association rule learning method and the subgroup discovery method to discover useful patterns from a traffic accident dataset consisting of many features including profile of driver, location of accident, types of accident, information of vehicle, violation of regulation and so on. The association rule learning method, which is one of the unsupervised learning methods, searches for frequent item sets from the data and translates them into rules. In contrast, the subgroup discovery method is a kind of supervised learning method that discovers rules of user specified concepts satisfying certain degree of generality and unusualness. Depending on what aspect of the data we are focusing our attention to, we may combine different multiple relevant features of interest to make a synthetic target feature, and give it to the rule learning algorithms. After a set of rules is derived, some postprocessing steps are taken to make the ruleset more compact and easier to understand by removing some uninteresting or redundant rules. We conducted a set of experiments of mining our traffic accident data in both unsupervised mode and supervised mode for comparison of these rule based learning algorithms. Experiments with the traffic accident data reveals that the association rule learning, in its pure unsupervised mode, can discover some hidden relationship among the features. Under supervised learning setting with combinatorial target feature, however, the subgroup discovery method finds good rules much more easily than the association rule learning method that requires a lot of efforts to tune the parameters.

A Study for Improving in Greening System and Method to Revitalize Wall-planting (벽면녹화 활성화를 위한 제도적 개선방안 및 조성방향에 관한 연구)

  • Han, Seung-Ho;Kim, Sun-Hae
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.9 no.2
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    • pp.59-71
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    • 2006
  • Due to the rapid process of industrialization the cities of Korea confront changes of climate, destructions of the habitate and decrease of the green. Recently Seoul and other local governments have implemented policies and projects to improve the environmental surroundings. In reality, however, those policies and projects face difficulties in the course of implementation. The fact that there are no concrete regulations and specific legal procedures turns out to be one of the main difficulties. The aim of this study is to present specific plans and methods of wall-planting and to provide basic guidelines for the future direction of wall-planting and offer ideas of facilitating wall-planting. This study is based on questionnaires from specialists of landscape architecture through individual interviews and/or e-mails. The questionnaire is consisted of following 4 sections. 1. Show the experts current regulations and/or legal procedures and ask them improvements and suggestions. 2. Ask them choose matters of the highest priority by using Ricardo's diagram method. 3. Ask them to make a graded list in terms of the location and method of wall-planting. 4. Study the maketability of the wall-planting products currently in circulation. The city of Seoul and the Ministry of Environment recommend that trellis and/or planting inducement structures be installed on the building wall by regulation. The specialists responded to the questionnaire advocate that green wall without trellis should be allowed as green zone. Therefore regulations concerning the wall-planting should be determined specifically according to the characteristics of individual plants and walls. It has been urged that legal aid and social support must be reinforced to establish rules dealing with wall-planting. The respondents also point out that significant cutting down of the tax is far more effective in accelerating the wall-green instead of administrative support. The highest priority in terms of planting has been given to sound-proof wall, retaining wall and building wall. Concerning the maketability of the wall-planting products, panel products are recommended for early-planting and building planting. It has been suggested that the research and study of new materials and species be done in advance.

A Study on Improving the Support System for Libraries for the Disabled (장애인도서관 지원을 위한 법제도 개선방안 연구)

  • Sohee Youn;Youseung Kim
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.34 no.3
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    • pp.37-58
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    • 2023
  • The purpose of this study is to find ways to improve the legal system for supporting libraries for the disabled. For the stdy, related precedent studies were historically analyzed, and the legal definition of libraries for the disabled and related laws were discussed. Through this, it was confirmed that the current 「Library Act」 does not have sub-regulations of the Enforcement Decree and Enforcement Rules supporting the regulations related to library support for the disabled, and the 「Welfare of Persons with Disabilities Act」 replaces them. In addition, through research on the current status of libraries for the disabled and interviews with field workers in libraries for the disabled, the need for improvement of the legal system related to libraries for the disabled was confirmed. In conclusion, three improvement plans for supporting libraries for the disabled were proposed as follows: First, the definition and duties of libraries for the disabled through the 「Library Act」; second, preparation of regulations on support for library services for the disabled and fulfillment of duties through the 「Enforcement Decree of the Library Act」; third, through the 「Library Act」 and 「Enforcement Decree of the Library Act」, standards for facilities, collections and manpower of libraries for the disabled are presented.

Legal Aspects of Insurance Regarding Space Activities and the Situation in China: an Analysis Based on the New Development of Space Commercialization (空間活動保險法律問題及中國狀況:基於空間商業化最新發展的分析)

  • Nie, Mingyan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.385-417
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    • 2017
  • Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

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Analysis on the Responsibility and Exemption Clause of COLREG Rule 2 (국제해상충돌예방규칙 제2조에 따른 책임과 면책에 관한 분석)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.54-63
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    • 2022
  • The Marine Accident Investigation and Tribunal System is intended to provide a credible solution to prevent the recurrence of similar accidents. When a marine accident occurs, the Korea Maritime Safety Tribunal seeks to find its root causes through an analysis of what provoked the accident. It also contributes to the development of safety policies or practices by making a decision based on the findings. However, if the decision presented as the root cause of a marine accident is ambiguous or unclear, it may be difficult to achieve its intended goal. Hence, if we read some of the decisions of the Maritime Safety Tribunal, it is selective to directly apply the cause of an accident as a source of the measures that can prevent its recurrence. A typical example of this is the expression: "when a seafarer neglects ordinary practice of seaman." The term "ordinary practice of seaman" has been criticized for being used in some decisions like a master key where it is not easy to determine which specific rules or regulations were violated or blame the involved seafarers. Such term is present in Article 2 of the International Regulations for Preventing Collisions at Sea 1972. For the proper use of the term, this paper seeks to compare and establish the concepts of "ordinary practice of seaman" and the duty of care by providing a systematic interpretation of the original text. In addition, the duty of care was reviewed from the perspective of administrative, civil, and criminal laws. Furthermore, relevant legal precedents were reviewed and presented in the study. Accordingly, it is expected that the term "ordinary practice of seaman" would be properly used in decisions that contribute to the prevention of the recurrence of similar marine accidents.

A Review on the Interpretative Guidelines on EU Air Transport Passenger Rights Regulations in the Context of the Developing Situation with COVID-19 (항공여객보상에 관한 EC 261/2004 규칙의 COVID-19 관련 해석지침 검토)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.39-63
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    • 2020
  • This paper reviews the Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 of EU commission. To enlighten the obscurity and to mitigate the economic impacts of the COVID-19, European Commission has published "Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19" on March 18, 2020. The Guideline essentially aims to create a coherent system of rules to assist the passengers, industry and national authorities overall under the unprecedented circumstances across the European Union. To do so, the Guideline is drafted to cover the rights of passengers travelling by air, rail, ship or bus/coach, maritime and inland waterways, as well as the corresponding obligations for carriers. From an aviation industry focused perspective, by referencing the Regulation (EC) numbered 261/2004, the Guideline specifically applies to cancellation and delay in flights which are seen as the dark spots for the air carriers concerning potential burdens.

The Improvement Plan on Unifying from Law and Regulations Related to Radiation (방사선관계법 개정 시 용어 적용에 관한 개선 방안)

  • Jeong, Dong-Kyong;Lee, Jong-Back;Park, Myeong-Hwan
    • The Journal of Korean Society for Radiation Therapy
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    • v.18 no.1
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    • pp.7-12
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    • 2006
  • Purpose: This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Materials and Methods: Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Results: Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Conclusion: Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

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