• Title/Summary/Keyword: Rules and regulations

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An Empirical Study on the Factors Affecting the Adoption of Enterprise Architecture based on the TOE Framework (엔터프라이즈 아키텍처 도입요인에 관한 실증적 연구 : Technology-Organization-Environment 프레임워크를 중심으로)

  • Lee, Young-Ho;Chae, Myung-Sin
    • Korean Management Science Review
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    • v.23 no.2
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    • pp.17-39
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    • 2006
  • Interest in EA has been Increasing recently, however, with the coming into effect from July 2006 of the 'Information Technology Architecture Act' which requires the public sector to adopt EA. Until now, the study of EA has been focused on concepts and methodologies for the adoption of EA. The fundamental issue, however, the study on the factors affecting the adoption of EA, has rarely been explored. This thesis therefore surveyed which factors have affected the adoption of EA. The analysis found that the adoption of EA was affected by the external environmental characteristics such as rules or regulations and the level of competition in the Industry concerned, and by the organization's information technology level. However, technological aspects such as perceived usefulness or perceived ease of use - traditionally considered as critical factors in adopting information technology - were found to be less influential. These results show that in Korea we still do not regard EA as a method of optimizing the IT resources of a company. In order for EA to be widely adopted, therefore, we should Put primary emphasis on efforts to properly appreciate its technological aspects, such as its technological usefulness or convenience.

A feasibility study on the stability securement on domestic inflatable boat by comparing foreign rules and regulations with Korea Water-related Leisure Activities Safety Act. (팽창식 보트의 국내외 시험 규정 비교를 통한 안정성 확보의 필요성 연구)

  • Yeong-Min Park;Ming-Su Kang;J ang-Gon Im;Hyen-Woo Kim
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2022.11a
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    • pp.329-331
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    • 2022
  • 국내 '수상레저기구 안전검사 기준(해양경찰청 고시)' 의 고무보트 안전검사 기준을 국제 표준 및 관련 법령(ISO-6185, 미국 ABYC 단체표준, 미국해양경비청 USCG, 뉴질랜드 해양법 NZ Maritime Law)과 비교를 통해 안정성(stability) 확보를 위하여 개선 방안을 제시하고자 한다. 현행 '수상레저기구 안전검사 기준'의 고무보트는 승선정원 13인 이상 및 특정 항해 구역에 대해서만 복원성 조건을 요구하고 있어 13인승 이하의 고무보트는 안정성 조건이 전무한 실정이다. 특히, 국제 표준 및 관련 법령과는 약 38개의 검사항목에 누락 또는 미흡한 차이가 있으며, 이에 국내 기준과 국제 표준과의 비교 분석을 통해 개인의 최소 안전을 담보 할 수 있는 고무보트의 안전성 확보 방안을 마련하고자 한다.

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The Comparison between "the Book of Etiquette and Ceremonial" and the Hundred Schools of the Contents about Funeral Rites (『의례』와 선진 제자서의 상례 비교)

  • Yun, Muhak
    • The Journal of Korean Philosophical History
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    • no.59
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    • pp.215-240
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    • 2018
  • In this paper, the contents about funeral rites in "the Book of Etiquette and Ceremonial"(儀禮) were compared to those in the books of Hundred Schools of Thought. The most direct and systematic document related to funeral rites is "the Book of Etiquette and Ceremonial". Some of its contents had been reflected in the books of Hundred Schools of Thought, such as "Zuo Zhuan", "Mozi" and "Xunzi", while others didn't agree with one another. It happened because some contents had been already reflected in the books of Hundred Schools of Thought in the process of establishing scriptures about manners including the ancient "Book of Etiquette and Ceremonial", and because, on the contrary, the contents of the books of Hundred Schools of Thought had become included in the scriptures about manners by following Confucianism. First, the basic contents of Chapter 'Mourning Clothes' in "the Book of Etiquette and Ceremonial" were generally reflected in the books of Hundred Schools of Thought, and there are many contents in common. Most prominently, three-year-mourning for parents and a king had been enhanced in Confucianism commonly. Although Mohism opposed Confucian luxurious and long funerals (厚葬久喪), the mourning clothing system in "the Book of Etiquette and Ceremonial" can be said to have been people's universal understanding until the Spring and Autumn period at least. In addition, it has been verified that there were differences in the mourning clothes depending on the one who wore them was an adult or not both in "the Book of Etiquette and Ceremonial" and the books of Hundred Schools of Thought. On the other hand, many arguments in the contents about funeral rites reflected in the books of Hundred Schools of Thought were different from the rules in "the Book of Etiquette and Ceremonial". In particular, the mourning clothes for parents reflected in the books of Hundred Schools of Thought showed that there were differences depending on social positions, which was dissimilar to the regulations in "the Book of Etiquette and Ceremonial". Also, different from the mourning clothes system for parents and a king, the system for a wife and a concubine was dissimilar to the rules in "the Book of Etiquette and Ceremonial" in many ways. Since the regulations of Chapter of 'Mourning Clothes' in the present version of "the Book of Etiquette and Ceremonial" suggest different mourning clothes and periods depending on who wears the mourning clothes and what social position the deceased had, it seems difficult to implement them strictly historically as well as at those times. Especially, while the funeral rituals for a child was relatively clear based on the parent-child relationship of "affection" and those for a king and parents were plainly regulated and emphasized, the rules of those for a vassal and a wife were absent or ambiguous in many cases. Therefore, the term of "the Theee Bonds"(三綱) appeared first in Dong Zhongshu(董仲舒)'s "Luxuriant Dew of the Spring and Autumn Annals"(春秋繁露) that reflected the ideology of political ethics of Han Dynasty(漢代), but regarding its contents, it can be said to have been already reflected in "the Book of Etiquette and Ceremonial".

A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

Liability of Air Carrier and its Legislative Problems in China : Some proposals for its Amendments (중국 항공운송법의 현황 및 주요내용과 앞으로의 전망 : 항공운송인의 책임을 중심으로)

  • Li, Hua
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.147-176
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    • 2011
  • China is experiencing rapid economic development and the volume of air passengers and cargo transportation has increased significantly in recent years. To the contray, the regulations on liability of air carrier in china fall behind and are not sufficiently applicable in disputes. Their lack of sufficient protection for air passenger's interests became obstructive factor for further developments of Chinese air transportation industry. The legal system of air carrier's liability mainly consists of the contents as followed. The liability period, the scope of liability, amount of compensation for damage, limitation of liability, liability exemption of air carrier, jurisdiction, limitation of action, applicable law etc. Laws and rules concerning these issues are regulated in Civil Aviation Law and regulations published by Civil Aviation Administration of China. This article described the main contents of air carrier's liability and examined the legislative problems in their applications in real cases. In order to solve the legal problems on the air carrier's liability and disputes between wrongdoers and survivors etc, it is necessary and desirable for china to amend revelvant provisions. One of my proposals is to raise the amount of compensation limitation for damage. And I also would like to suggest that Civil Aviation Law should treat international and domestic transportation equally on the limitation of compensation for air carrier's liability. China has also acceded to the Montreal Convention of 1999 on July 31, 2005. This is an effort to make the law of air carriage unified worldwide through various international conventions to achieve conformity between rules of international air carriage and that of Chinese domestic aircarriage. Furthermore, there should be additional detailed implementation rules for air carrier to assume liability for the losses to passengers, baggage or cargoes caused by delays in the air transport. Significant clarifications are also needed for provisions concerning whether and how air carrier assume liability for moral damage caused by accident.

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A study on Categorized type and range for the Aircraft and the LSA (우리나라 항공기 및 경량항공기의 종류 및 범위에 대한 법적 고찰)

  • Kim, Woong-Yi;Shin, Dai-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.55-71
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    • 2013
  • By aircraft from Aviation regulations and institutional regulatory framework for ensuring the safety is secured. State-of-the-art aircraft, according to the type of development and diversification, modernization and new types of aircraft are operated. In particular, light aircraft and ultralight flying device such as the gyro-plane and unmanned flying devices is introduced a new device, and the device operates at these flight in accordance with the standards of the Aviation Act regulations may not occur often. Variety of light aircraft and ultra-light aircraft assembly, can be adapted for a person engaged in the business of aviation safety management and to perform the legal basis was established. Depending on the classification of newly introduced aircraft, the biggest change is the introduction of the concept of the LSA. In Korea, the various light aircraft are operating, but these aircraft range not clearly Aviation Regulations had difficulty in ensuring safety. This study examined the differences between international rules and regulations of Korea about the classification of aircraft. The LSA are included in aircraft categories internationally, but LSA will not be included in the aircraft categories, which is one of a range of powered flight device exists in Korea Aviation Act. Limit for maximum continuous power speed in a LSA, it is a limit on the right of the people who want using the high-performance plane. Also it is an international trend does not fit in, and is consistent with the intent of LSA manufacturer. Delete the content from a range of future aviation law revisions and light aircraft-related provisions to limit the maximum continuous power speed is considered to be suitable for the purpose of introducing the light aircraft industry. The laws and regulations set up in order to ensure the safety of ultralight aircraft categories existing in ultralight aircraft that exceeds the purpose of the introduction of LSA technology development at home and abroad, and is intended to reflect. These standards complement of aircraft operation is not appropriate for the situation unless the country is difficult to ensure the safety of operations. Also developed in other countries, the introduction of aircraft operating in the country, so many problems occur early revision is required.

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Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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An investigation on the Improvement of the Working Environment Measurement Reporting Policy (작업환경측정 보고제도 개선 방안 도출을 위한 조사 연구)

  • Lim, Dae Sung;Kim, Chi-Nyon;Lee, Seung kil;Park, Jung-Keun;Kim, Ki-Youn
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.2
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    • pp.172-181
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    • 2022
  • Objectives: In order to reduce the burden on employers and increase the reliability of measurement results, improvements to the provisions related to the work environment measurement reporting system, such as the current Occupational Safety and Health Act and its Enforcement Rules, are planned. This study aimed to suggest improvements for the work environment measurement reporting system through a survey and Delphi investigation. Method: This survey included workplaces (health managers), national institutions (the Ministry of Employment and Labor) that use the results of the work environment measurement reporting system for policy and supervision purposes, and work environment measurement institutions that enter the results were included. In addition to the survey, we tried to derive results through meetings with stakeholders and expert advisory meetings. Results: It is difficult to abolish or partially improve the reporting system under the Enforcement Regulations of the Occupational Safety and Health Act at this point because the opinions of workplaces, supervisory agencies, and measuring agencies differ in terms of its intended purpose and use. In the case of high-exposure harmful factors (over 50% on the basis of exposure) in the "comprehensive opinion" described in the work environment measurement results table, it is necessary to insert unit of work with exposed harmful factors, exposure factors, and current conditions in checklists or tables so that they can be reflected in government policies. In the case of workplaces that are feared to be highly exposed to substances subject to measurement, it seems desirable to improve them so that industrial health instructors registered with the Korea Safety and Health Agency or local labor offices can provide technical guidance. As an improvement plan to increase the reliability of data and the use of big data, it is necessary to improve the input method for processes and jobs. Conclusion: The laws and regulations of the work environment measurement reporting system are difficult to revise due to a lack of consensus among current stakeholders, but improvements can be achieved by improving the Ministry of Employment and Labor's notifications and other means. In addition, in order to effectively utilize the data from the K2B system, it is necessary to improve the input method for processes and jobs.

The analysis of the foreign laws related to landscape architecture and a study on the reasonable application to the expected organic law for landscape architecture in Korea (외국의 조경관련 법제도의 비교분석과 한국에서의 조경기본법 제정을 위한 합리적 적용에 관한 연구)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.25 no.3
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    • pp.66-88
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    • 1997
  • There is no special law of Landscape architecture in Korea. So, examining the concept from the legal basis of LA with the viewpoint of a natural scientist not a jurist, this study was conducted to grasp the present condition of the name and the related text of the foreign laws in force which were connected with LA.. And those foreign laws were arranged in the name and the text and classified by nations of regional groups and it was considered to the mutual relation with lots of laws which are scattered with the various laws. Current domestic regulations to the various fields of LA are assembled with the many related rules. The governmental organization conducting those business is nonexistent up to now and it is generally known to except the dept. of LA from the office organization in Korea. Being at a disadvantage as mentioned above, this study was progressed under the necessity of the scientific basis for the expected organic law of LA proposed to establish it by every field of LA. Though feels inconvenience if the study for the items itself of LA had been proceeded prior to the study of laws relating to LA throughout the study, such a extensive study will be a subject to be attempted constantly hereafter by all part of landscape architects. The contents of the study are as follows ; 1. The present condition of the foreign laws connected with LA 1. The proposal & analysis of the problems and the solutions to the domestic laws connected with LA 3. The proposal of the reasonable application pklan in order to establish the organic law for LA. Among the items relating to LA such as engineer, contract, planning, design and supervision, construction, maintenance, plant and planting, open space, facilities, aesthetics and sight, park, land use and development planning, urban and regional planning, leisure space planning, environmental conservation and ecology, structural engineering of construction, administration, right and penal regulations, the laws dealing with the matter relating to LA directly or indirectly are prescribed dispersedly in the many other related laws and it is concluded to be impossible for the independent law of LA is likely to be establish with not only selecting and arranging the matter having closed connections to LA directly but also being recognized as the systematic equipment of the LA business. It was to be analyzed the present condition of the collected foreign laws relating to LA. After pointing out the problems to the domestic related laws being at issue, the remedies for it were presented through the questionnaire of the landscape specialist in which the supporting opinions to the recognition to the problems and the solutions were come to a major portion. Three types of application such as applicable, non-applicable, applicable after examination were presented to decide whether or not the foreign related laws were applied to the domestic one. The result of analysis shows that 42 statutes and 9 ordinances are applicable, 4 statutes and 7 ordinances are non-applicable, 1 constitution, 81 statutes and 48 ordinances are applicable after examination.

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A Study on the Reform of Records and Archives Management System in Japan (일본의 기록관리 제도 개혁에 관한 연구 - 공문서관리위원회의 활동과 국립공문서관의 확충 노력을 중심으로 -)

  • Yi, Kyoungyong
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.3
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    • pp.169-191
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    • 2015
  • The purpose of this study is to examine the driving forces and main contents of the reform of the records and archives management system in Japan from the 2009 enactment of the Public Records and Archives Management Act. The key essentials of the reform can be explained in two ways. First is through the legal system, a multilayer structure of the law and guidelines to the institutional documents management regulations for an effective application to each administrative institution. The other is the Public Records and Archives Management Commission, a deliberative body that guarantees the rigorous application and enforcement of the rules and regulations. One of the remarkable outcomes from the reform is the compulsory creation of minutes of the countermeasure meetings in government agencies related to the Great East Japan Earthquake Disaster, as well as the various significant cabinet meetings through a revision of the Guidelines for Public Administrative Records Management. In addition, the new construction of the National Archives of Japan and its meaning have been examined. It is being pushed ahead, with the active support of the ruling party members, through activities such as research and review meetings for improving the functions and facilities of the National Archives of Japan.