• Title/Summary/Keyword: enforcement regulations

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An Economic Analysis of the Enforcement of illegal Fishing in Traditional Fisheries Management (전통적 어업관리의 불법어업 감시·감독에 대한 경제학적 분석)

  • LEE, Sang-Go
    • Journal of Fisheries and Marine Sciences Education
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    • v.14 no.1
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    • pp.57-73
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    • 2002
  • Illegal fishing is often cited as a principal cause of the failure of fisheries management, expecially fishing efforts regulations in traditional fisheries management. Usually, illegal fishing problems are perceived to be equivalent to inadequate enforcement, and policy prescription then follow to strengthen enforcement programs. The purpose of this paper is to analyze the illegal fishing behavior relatively recent emphasis on fishing efforts regulations in traditional fisheries management. The analysis focuses on measuring, explaining and developing the effectiveness way of enforcement strategies responding to imperfectly managed fishing efforts regulations through illegal fishing behavior and avoid enforcement fishing efforts measures. A model of fishermen fishing behavior and profit-maximizing decision making is analyzed to determine optimal fishing at individual fisherman level in response to fishing efforts regulation. The results of economic analysis of the enforcement of illegal fishing in traditional fisheries management results are as follows: First, illegal fishing will occur only if enforcement effort is not so high as to remove the incentive to do so, and if the effectiveness of avoidance is not too great, nor its cost too low. Second, avoidance effort will occur at a level jointly proportional to the extent of illegal activity and of enforcement; for given levels of the latter, the desired avoidance effort increase with its effectiveness and decrease with its cost Third, to improve the effectiveness of enforcement, understanding avoidance behavior appears to be crucial to any efforts. Forth, enforcement and fishermen behavior interact depends strongly on characteristics of avoidance, specifically its cost and effectiveness. When avoidance is neither too cheap nor too effective, the interaction is regular. Fifth, in this case, at low levels of enforcement, fishers respond to increases in enforcement by increasing avoidance, but at higher enforcement levels, it becomes uneconomical to continue to do so, and avoidance decreases with enforcement. Sixth, illegal fishing activity decreases steadily with enforcement, so the fishery manager is able, in theory, to reduce illegal fishing toward zero by increasing enforcement. If, however, avoidance is very inexpensive and/or very efficient/ then the optimal level of avoidance will increase indefinitely with increasing enforcement. Finally, less fishery enforcement is required if fishermen have less incentive to overfish, and fishermen have less incentive to avoid fishery enforcement measures.

Proposal of unification plan based on differences between food and livestock product HACCP (식품과 축산물 HACCP의 차이점 분석 및 일원화 방안 도출)

  • Jo, Ah-Hyeon;Kang, Ju-Yeong;Park, Eun-Ji;Lee, Han-Cheol;Lee, Cheol-Soo;Kim, Jung-Beom
    • Food Science and Industry
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    • v.53 no.1
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    • pp.101-115
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    • 2020
  • Korea has been managed HACCP with food and livestock products separately, but it was incorporated into food and livestock product safety management certification standard in 2015. Currently, the notification is unified, but food sanitation act and the livestock products sanitary control act are not unified. These differences are leading to complaints from food and livestock corporation. In this review, the food sanitation act, enforcement regulations of the food sanitation act, the livestock products sanitary control act and enforcement regulations of the livestock products sanitary control act were compared and analyzed to identify the part which requires unification. As a result of the survey, the thirteen clauses were proposed to unify in the food sanitation act and the livestock products sanitary control act. The nineteen clauses were proposed to unify in enforcement regulations of the food sanitation act and enforcement regulations of the livestock products sanitary control act.

Nursing Consideration of the Infant Care Act and Suggestion on Its Enforcement Decree and Regulations (영유아보육법의 간호학적 고찰)

  • Kim Il-Ok;Kim Mi-Ye
    • Child Health Nursing Research
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    • v.10 no.3
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    • pp.361-366
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    • 2004
  • Purpose: This descriptive study was conducted to illuminate, from the nursing point of view, the infant care act, which was revised recently and to suggest a desirable direction of its enforcement decree and regulations. Method: This study was carried out through literature review and a collection of child care experts' opinions. Result: The most remarkable changes in infant care act and the suggestions for a desirable direction of its enforcement decree and regulations are as follows: It can be said that the law on 'health', 'nutrition' and 'safety' for a child care center was improved to the level of act from the level of enforcement regulation. In the enforcement regulation on the distribution of nurses in child care centers, it is desirable that nurse's aids are excluded. It is recommended that every child care center should have a nurse or a health care manager and/or an emergency caretaker. In the curriculum for child care, the subjects on child health care should be an essential subject, not elective. Conclusion: Child care act should be reformed under the discipline of first priority to child health. Every nurse and nursing professor should have interest and earnestness in child care and conduct related studies.

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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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A Study on Reform for Subordinate Laws of the Marine Leisure Safety Act (수상레저안전법 하위법령 개정방안)

  • Lee, Yun-Cheol;Yeo, Sook-Kyung
    • Proceedings of the Korean Society of Marine Engineers Conference
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    • 2005.11a
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    • pp.106-107
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    • 2005
  • Small vessels of less then 20 tonnage and leisure boats such as motor boats, sailing yachts, water motorcycle, etc have been excluded from the rules and regulations such as Marine Leisure Safety Act, Ship Act and Ship Safety Act for a long time in Korea. As a result, these small vessels and leisure boats have remained within the blind area of maritime safety and environment protection. Among these vessels and boats, some leisure boats such as motor boats of 20 horse power or more(excluding motor boats equipped with engine inside the vehicles), water motorcycles and rubber boats of 30 horse power or more are incorporated into the Marine Leisure Safety Act through the registry, safety inspection, insurance early 2005 in Korea. In relation to the scope of application of the national Acts concerned, I consider the conflicts between Acts and suggest the subordinate enforcement ordinance and regulations.

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Comparison of Pharmacist and other Healthcare Professionals License Examination in Korea (국내 약사 및 의료인면허 국가시험 제도 비교)

  • Yoo, Bong Kyu
    • Korean Journal of Clinical Pharmacy
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    • v.23 no.1
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    • pp.71-76
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    • 2013
  • Background (Purpose): The objective of this study was to investigate regulations on pharmacist and other healthcare professional license examination in Korea. Specific aim was focused on the implementation of new regulatory system governing pharmacist license examination particularly on naming of the subjects, method of the examination, and discrimination of pass or fail. Method: Laws and regulations of Korea on the examination system were retrieved from sources posted in Ministry of Government Legislation. Results: Two major regulatory differences were found between pharmacist and other healthcare professionals license examination systems. Firstly, the regulation on pharmacist license examination was ruled by the enforcement ordinance of parent law (Pharmacy Law) while it was ruled by enforcement regulation of parent law (Medical Law). Secondly, minimum grade requirement for pharmacist and other healthcare professionals was differently set up: 40% for each single subject in pharmacist and average of 40% for each group of several subjects in other healthcare professionals. Conclusion: Since pharmacist profession has drastically changed from drug-makers to drug-users during the recent decades, it is desirable to have the regulations on pharmacist license examination system amended in harmony with other laws and regulations of Korea and other major developed countries. Two-step examination for pharmacist license appears worthwhile to implement for balancing the two key functions of the pharmacist being drug-makers and drug-users.

학교도서관 법적.행정상의 문제점

  • 김정소
    • Journal of Korean Library and Information Science Society
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    • v.1
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    • pp.53-67
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    • 1974
  • This study aims at diagnozing the existing school library laws and their enforcement regulations together with the library organization, and finding out any problems in them for the lack of legal and administrative suppxt has been considered the main hindrances to the developrnent of school library. The results of the work are as follows: 1. Full use of materials on the part of students is impossible because there is description in the school facilitier enforcement regulations except that of reading room. 2. No administrative consederation on the school library. 3. No incentive to be an able librarians because there is no devision in the lebrary teacher eligibility between the elementary and secondary level.

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A Study on the Facility Standard of Herbal Dispensaries (탕전실의 시설 기준에 대한 연구)

  • Kim, Ji-Hoon;Kim, Yun-Kyung
    • The Journal of Korean Medicine
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    • v.38 no.1
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    • pp.81-92
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    • 2017
  • Objectives: Herbal dispensaries can be installed separately from medical institutions. This study was done to suggest directions of regulation on management of externally installed herbal dispensaries. Methods: In this study, we visited and investrigated 7 representative herbal dispensaries to understand current status of herbal dispensaries. After comprehending current domestic regulations on herbal dispensaries, we referred "Management Practice on Dispensary Facility of Traditional Chinese Medicine in Medical Institution", "Enforcement Rule of Decree on Institution Standard of Manufacturing and Importation for Drugs, etc." and "Enforcement Rule of Food Sanitation Act" to suggest improved regulations for herbal dispensaries. Results: We suggested reasonable regulations for facility standards including location of building, dispensary room, water supply facility, lavatory and storage facility, etc.. Conclusions: We hope that results of this study could be baseline data for developing regulations on facility standards of herbal dispensaries.

Related Party Transactions and Corporate Value: The Effect of Regulations against Controlling Shareholders' Expropriation in Korea (특수관계인간 거래와 기업가치: 사익편취규제제도 시행의 영향 분석)

  • Lee, Sang-Gyu;Kim, Dong-Wook;Kim, Byoung-Gon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.9
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    • pp.584-595
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    • 2020
  • This study relates to the effect from enforcement of regulations in 2014 against controlling shareholder expropriation in Korean corporations. The relationship change between related party transactions (RPTs) and the corporate values of listed Korean corporations is analyzed for the five-year period before and after enforcement of the regulations (2009-2013 and 2014-2018). Three types of RPTs regarding long-term supply contracts, loans, and credit were adopted for analysis. Following are the results of a regression analysis with panel data that consist of 6,534 firm-year observations. First shown is that the enforcement of regulations affects the relationship between RPTs and corporate value. Specifically, for all corporations, the result implies that the purpose of expropriation is weakened, and the efficiency and transparency of transactions in corporations are enhanced due to enforcement of the regulations. Secondly, the extent to which the regulations exert influence on designated and non-designated corporations differs. Regulation enforcement seems to be more influential on non-designated corporations than on designated ones for the efficiency and transparency of transactions in the long-term contract type of RPT.

A Study on Enforcement Effects of Radiation Safety Control Regulations for Diagnostic X-ray Equipments (진단용 방사선안전관리 현황에 관한 연구)

  • Sung, Mo-Il;Park, Myeong-Hwan;Kwon, Duk-Moon;Lee, Joon-Il
    • Journal of radiological science and technology
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    • v.22 no.1
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    • pp.73-78
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    • 1999
  • The purposes of this study are to analyze the realities after enforcements of safety control regulations for diagnostic X-ray equipments and to suggest means for an improvement of low radiation safety control. A questionnaire survey for medical radiologic technologists was carried out to determine enforcement effects of the safety control regulations. The results of analysis from the survey are as follows. That is, most of the respondents realized the importance of the radiation safety control system, but about a half of them revealed that the regulations were not well observed in accordance with their purposes. Only 43.9% of the respondents took an active part in quality control and safety control of radiation. And respondents responsibility, sex, age, and knowledge for safety control were important indicators for observations of the regulations. Trainings for the safety control regulations are needed to ensure safety control and proper usage of diagnostic X-ray equipments. And management of organizations using diagnostic X-ray equipments have to understand and stress the importance of radiation safety control system.

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