• Title/Summary/Keyword: administrative rules

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Examining China's Internet Policies through a Bibliometric Approach

  • Li, Jiang;Xu, Weiai Wayne;Wang, Fang;Chen, Si;Sun, Jianjun
    • Journal of Contemporary Eastern Asia
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    • v.17 no.2
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    • pp.237-253
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    • 2018
  • In order to understand China's internet governance, this paper examined 1,931 Internet policies of China by bibliometric techniques. Specifically, the bibliometric techniques include simple document counting, co-word analysis, collaboration network analysis and citation analysis. The findings include: (1) China's Internet legislations mainly emphasized e-commerce and Internet governance, and, to some extent, neglected personal data protection; (2) China's Internet is under intensive multiple regulatory controls by central government. A large number of government agencies are involved in Internet policy-making. The Propaganda Department of the Central Committee of the Communist Party of China and the State Information Leading Group of the State Council, enforced fewer policy documents, but occupy higher positions in the Internet governance hierarchy; (3) China's Internet legislation system is primarily composed of industry-specific administrative rules, rather than laws or administrative regulations. Nevertheless, laws and administrative regulations received significantly more citations owing to their superior force. This paper also discussed current gaps in China's internet governance and how the country's internet policies are situated in the broader global context.

A Study on Comparison of Commercial Arbitration System in Korea and U.S.A. (한국과 미국의 상사중재제도에 관한 비교연구)

  • 이강빈
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.271-321
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    • 2002
  • Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

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Consideration of Improvement Plans about the Current Status and Problems of Administrative Disciplinary Action for the Ship Officers (해기사 행정처분 현황과 문제점 및 개선방안에 관한 고찰)

  • Na, Song-Jin
    • Journal of Navigation and Port Research
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    • v.43 no.3
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    • pp.153-159
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    • 2019
  • Marine accidents and legal violations result from mistakes and negligences of ship officers, deck officers and engine officers, during the ship navigation and lay days. Due to these accidents and violations, these officers are subjected to disciplinary actions for certification. The disciplinary action, namely certificate punishment is carried out by right rules, processes and equity. However, it is revealed that present situations are different from the principles. For the purpose of finding current states relating to certificate punishment, this study examines and analyses 737 punishment cases, accomplished in 'B' regional office of oceans & fisheries for 5 years from 2014 to 2018. The contents to be analyzed are reprimand agencies, certificate kinds, officers ranks at that time, disciplinary level, violated acts, annual reprimand state, punishment rule and it process, and disciplinary reduction levels. From such valuations various problems, such as disciplinary level deviations among laws, insufficient punishments rules, disciplinary certificate deviation, insufficient reprimand reduction rules, and lack function of crew administrative disciplinary council, are identified. Finally, methods to alleviate the problems identified will be proposed. This study, for the first time analyses the actual administrative disciplinary cases for ship officers'certificates and proposes improvement plans for its incorporation in Korea, This analysis will be useful in the examination of the study for the ship officers and making a plan for them.

Health Promotion Services and Administrative System of the University Health Clinic (대학보건실의 운영체계 및 건강증진 서비스 제공 실태)

  • Park, Chun-Man;Kim, Young-Bok
    • Korean Journal of Health Education and Promotion
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    • v.27 no.2
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    • pp.151-163
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    • 2010
  • Objectives: This study was conducted to analyze problems and priority of university health services through analysis of health promotion programs and administrative system of university health clinics. Methods: In first telephone survey, 349 colleges and universities nationwide were surveyed to find out whether they operate health clinic or not. The administrative system and health promotion services of university health clinics were analyzed in 198 schools which had health clinic in it. Results: 160 schools were included in the final analysis. The most common name of university health clinic was 'health clinic' (35.2%), and heads of 52 university health clinics were non-medical school professors. 20.9% of the school provided details of the rules and implement guidelines of health care service. Health promotion services of university health clinic were set the non-smoking area (90.6%), health counseling (81.8%), providing health information (74.8%), health check-up (65.4%), health education (61.4%), partnership with health institutions in a community (61.4%), and immunization (48.1%) in order of that. Conclusion: It is urgent to establish the regulatory and guidelines for university health clinic. Each member of school should have interests in their health clinic and acknowledge health promotion services which they can get at the university health clinic.

The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform (가습기살균제 피해의 행정구제의 문제점과 개선방안)

  • Park, Taehyun
    • Journal of Environmental Health Sciences
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    • v.45 no.4
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    • pp.310-320
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    • 2019
  • Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

A Study on the Main Characteristics of ICC Arbitration and the Ways to Expand of KCAB Arbitration (ICC중재의 주요특징과 KCAB중재의 활성화 방안에 관한 연구)

  • Sin, Jung-Sik;Kim, Yong-Il;Park, Se-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.33
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    • pp.121-144
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    • 2007
  • The International Chamber of Commerce has been the world's leading organization in the field of international commercial dispute resolution. Established in 1923 as the arbitration body of ICC, the International Court of Arbitration has pioneered international commercial arbitration as it is known today. The ICC International Court of Arbitration is the world's foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. The purpose of this paper is to examine their advantages and to introduce main contents provided in ICC Rules of Arbitration as follows; First, before the actual merits of the case can be addressed, the Arbitral Tribunal must first draw up the Terms of Reference. The Terms of Reference should include the particulars listed in the ICC Rules. Apart from the full names and description of the parties and arbitrators, the place of arbitration and a summary of the parties' respective claims, they contain particulars concerning the applicable procedural rules and any other provisions required to make the Award enforceable at law Second, the Scrutiny is a fundamental feature of ICC arbitration and is one that distinguishes it from the other major international arbitration rules. The scrutiny system has two aspects ; the first is to identify or modify the defects of form, while the second is to draw the arbitrators' attention to points of substance. Third, as soon as practicable, the Court fixes an advance on costs intended to cover the estimated fees and expenses of the arbitrators, as well as the administrative expenses of ICC. Specially, the advance on costs fixed by the Court shall be payable in equal shares by the Claimant and Respondent. Finally, the parties are also free to select the arbitrator or arbitrators of their choice. The Court or the Secretary General confirms arbitrators nominated by the parties. Taking a step forward, to upgrade the quality of the award of KCAB, it is desirable to consider how to incorporate the main contents of the ICC Arbitration into Korea Commercial Arbitration Rules.

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A Study on the Unified Policy of the Public Library Administrative System in Korea (공공도서관 행정체계 일원화에 대한 고찰)

  • Kwack, Dong-Chul
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.1
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    • pp.25-47
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    • 2016
  • The 21st century is the era of knowledge and information, and also the age of education and culture. The importance of a public library, which stands in the center of the stream of the times, cannot be overemphasized. A public library is a reservoir of learning and culture as a base camp for achieving a creative economy and the flourishing of our culture. Many problems are caused with the promotion of unification of a public library administrative system coming to the fore as a large issue of library communities in poor surroundings where the public libraries don't observe the library laws and rules bottom of such a reservoir is splintered by drought, and its embankment is not solid. Accordingly, this study is aimed at suggesting the improvement plan by analyzing all arguments and problems in relation to the promotion of the administrative system unification of a public library. For this purpose, first, the study considered the developmental process of the discussion about public library unification; secondly, the points at issue and problems in public library unification are reviewed; finally, this study arranged and suggested the improvement plan related to public library unification.

A Comparative Study on the Fundamental Act of Education in Korea and Japan (한국과 일본의 교육기본법 비교분석)

  • Jeong, Kioh
    • Korean Journal of Comparative Education
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    • v.28 no.3
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    • pp.161-183
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    • 2018
  • The purpose of this thesis is to study the Korea's Education Foundation Act and Japan's Education Foundation Act in a comparative way. The frame of comparison consists of three dimension: syntax analysis, way of legal conceptualization, and the educational climate and institutionalization. Major findings are as following: 1. Legal subjectives are clear in Korea but not clear in Japan 2. Civil relationship rules Korean education while public legal order rules Japanese education. 3. Partnership rules Korean education while administrative initiative rules Japanese education. 4. Curricular mandate is given to teachers in Korean education while to administrative hierarchy in Japanese education. 5. Public nature of schools means public credential in Korean education while public monopoly in Japanese education. 6. Professionalism is adopted for Korean teachers while missionary perspective adopted for Japanese teachers. 7. Korean education is expected to be secular while Japanese education is expected to reconcile with the traditional religious belief in Japan 8. Develop education still strongly orients the Korean education while education for sustainable development the Japanese education In summary, civil law frame is adopted in Korean education while in Japan public law frame is adopted in legalizing their Education Foundation Act. National climate influenced the education legislation in the two countries. Japan has strong missionary climate while Korea has secular perspective to education. Thess differences colored the way of literary expression in the legal text of the Education Foundation Act in the two countries.

Research on Principles to Transcribe Geographical Names in English for English Version Electronic Map Service (영문판 전자지도서비스를 위한 지명 영문표기의 세부기준과 원칙에 관한 연구)

  • Yi, Mi Sook;Ahn, Jong Wook
    • Spatial Information Research
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    • v.21 no.5
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    • pp.53-61
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    • 2013
  • This study has a research objective to suggest detailed rules and principles to transcribe geographical names in English for English version electronic map service. For this, guidelines which are used in English transcription of local geographical names in Korea and English transcription situations of Korea geographical names in foreign electronic map service were examined. Examining results of current situations showed the English transcription method of home and abroad geographical names caused the chaos because it is not homogenized. In order to identify easy and preferred transcription method for foreigners among English transcription methods about the geographical names which are used together like this, the preference of English transcription methods of the geographical names was examined targeting foreigners. Survey results showed that foreigners prefer to transcribe in Roman character (Romanization) with its semantic word together than just to transcribe the Roman character. Reflecting this preference research results, our country's geographical names were classified as Natural features, Cultural features and man-made structures, and Administrative units and the detailed English transcription rules and principles of each geographical names were suggested.

A Study on the Book Circulation Rules of Public Library in Korea (전국 공공도서관 대출규정 조사 연구)

  • Yoon, Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.51 no.1
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    • pp.349-372
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    • 2020
  • Regardless of East and West, public libraries provide various services to their communities based on collections. The decisive reason for local residents to visit public libraries is to access and borro w collections. An important condition maintenance to support these activities and services is the library circulation(usage) rules. Therefore, this study compared and analyzed the library membership, maximum loan items, loan period, loan reserve and renewal, overdue fines, disposal of lost and damaged items, loan of non-book materials, loan regulations for the disabled. And after checking the relative deviations in connection with the library cases of major developed countries, this study proposed the improvement of circulation rules. In order to minimize public complaints about circulation services and to relieve the burden of practitioners such as personnel disadvantage due to administrative audit for non-recoverable ite ms, public libraries must faithfully rearrange the circulation rules and regulations.