• 수산해양교육연구
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• 제14권1호
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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.

• 식품과학과 산업
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• 제53권1호
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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.

• Child Health Nursing Research
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• 제10권3호
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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.

• 한국중재학회지:중재연구
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• 제13권1호
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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.

• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2005년도 후기학술대회논문집
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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.

• 한국임상약학회지
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• 제23권1호
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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.

• 한국도서관정보학회지
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• 제1권
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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.

• 대한한의학회지
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• 제38권1호
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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.

• 한국산학기술학회논문지
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• 제21권9호
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• pp.584-595
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• 2020

본 연구에서 사익편취규제제도가 특수관계인간 거래와 기업가치간의 관계에 미치는 영향을 분석하였다. 이를 위해 제도가 시행된 2014년 전·후 5개년(2009년~2013년과 2014년~2018년)동안 상장사들의 특수관계인간 거래와 기업가치간의 관계 변화를 살펴보았다. 특수관계인간 거래형태는 장기공급계약, 대여금, 신용공여이다. 총 6,534개 연도-기업 표본을 패널자료 회귀분석방법으로 분석하였다. 분석결과는 다음과 같다. 첫째, 규제제도는 특수관계인간 거래와 기업가치간의 관계에 영향을 미치는 것으로 나타났다. 전체기업 대상 분석결과 제도시행 이전에는 특수관계인간 거래와 기업가치간에 유의미한 영향관계를 확인할 수 없었다. 그러나 제도시행 이후에는 장기공급계약이 기업가치에 정(+)의 영향을 미치는 것으로 나타났다. 이는 제도시행으로 내부거래가 사익편취 목적이 완화되고 거래의 효율성과 투명성이 강화된 결과로 이해할 수 있었다. 둘째, 규제제도가 특수관계인간 거래와 기업가치간의 관계에 미치는 영향은 규제대상과 비규제대상 간에 차이가 있음을 알 수 있었다. 규제대상의 경우 제도시행 전에는 대여금과 신용공여가 기업가치에 유의미한 부(-)의 관계로 나타났지만, 제도시행 이후에는 유의미한 영향관계가 사라졌다. 사익편취 목적으로 수행되던 이들 거래가 제도시행으로 감시와 통제기능이 강화되면서 부정적인 영향관계가 완화된 것으로 이해되었다. 비규제대상에서는 제도시행 이전과 달리 장기공급계약이 제도시행 이후 기간에서 기업가치와 정(+)의 영향관계로 나타났다. 따라서 규제제도는 내부거래의 효율성과 투명성 강화 측면에서 규제대상보다 비규제대상에 더 크게 영향을 미친다는 것을 알 수 있었다.

• 대한방사선기술학회지:방사선기술과학
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• 제22권1호
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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.