• 제목/요약/키워드: enforcement regulations

검색결과 240건 처리시간 0.022초

미국 산업안전보건법에서 일반의무조항의 제정배경과 운용에 관한 연구 (A Study on Legislation Background and Application of the General Duty Clause of the Occupational Safety and Health Act in U.S.)

  • 정진우
    • 한국안전학회지
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    • 제30권1호
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    • pp.119-126
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    • 2015
  • The primary purpose of the general duty clause is to offer an extra measure of protection to employees in the workplace. Most standards implemented under OSHA are targeted at a specific hazard. The general duty clause, however allows inspectors to cite employers for exposing its employees to a recognized hazard that has not been specifically addressed in the regulations. Congress intended the general duty clause to be a limited means of advancing the purposes of the OSHAct. But OSHA has not always regarded the general duty clause as the limited means for protecting the safety and health of employees that Congress intented. OSHA attempted to expand the scope of the general duty clause, at times improperly, to make it a more flexible enforcement tool. OSHA's interpretation of each of the restrictions on the scope of the clause has changed over the years. In recent years the general duty clause has been utilized as a sometimes controversial mechanism for enforcement of safety guidelines that have not yet been specifically addressed by statute or regulation. The most notable example of this was application of the general duty clause to ergonomic hazards.

물리치료원 독립 개원을 위한 제도적 장치 (The Legal System for the Independent Practice of Physical Therapy)

  • 배성수;김대영;남성우;박환진;전제균
    • The Journal of Korean Physical Therapy
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    • 제10권1호
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    • pp.253-263
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    • 1998
  • To provide physical therapy service of good quality keeping people healthy and obstain structural reformation coping with the demands of in medical service market to foreign intercourse on 21C, we should make legal system fer the physical therapy practice. Thus we suggest the Ministry of Health and Health and the authorities should, 1. Exclude the provision of physical therapist from the classfication of medical technician on the Medical Technician Law Article 2. and establish the independent Physical Therapist Law 2. Eliminate the provision of physician or dentist's guide the Medical Technician Law Article 1. or reform it to physician or dentist's request so that physical therapists may have a independent practice, or 3. Add the provision of the physical therapy center to the Medical Technician Law, the enforcement ordinances and enforcement regulations, such as the provision of optometrist or dental technician.

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A Comparison of the Korean and Japanese Medical Technician's. Etc. Act Systems Focusing on Physical and Occupational Therapists

  • Yoon, Tae-Hyung
    • The Journal of Korean Physical Therapy
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    • 제28권2호
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    • pp.128-135
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    • 2016
  • Purpose: The aim of this study was to compare the "Physical Therapist and Occupational Therapist Act" of Japan and the "Medical Technician's. Etc. Act" of Korea in order to establish the grounds for improvement of effective law-making. Methods: We obtained the "Medical Technician's. Etc. Act" from the Korean Ministry of Government Legislation and the "Physical Therapist and Occupational Therapist Act" from the Japanese Ministry of Health, Labor and Welfare. It was translated from an association by related Japanese and experts. Results: The laws consisted of acts, enforcement ordinances, and enforcement regulations in both Korea and Japan. In the Korean case, eight occupations were defined in one law including six types of medical technicians, as well as medical recorders and opticians. The "Physical Therapist and Occupational Therapist Act" in Japan is composed of 6 chapters and 22 articles, while the Korean Act consists of 33 articles without chapters. Among them, 11 articles covered the establishment and management of dental laboratories and eyeglass shops, and only 22 articles were related to physical therapists and occupational therapists. Conclusion: Independent laws should be established for each type of medical technician. They must be comparable to Japanese laws on physical therapists and occupational therapists as well as clinical pathologists, dental hygienists, dental technicians, radiologic technologists, medical recorders, and opticians.

2017 의료법 개정에 따른 병실 모듈변화 연구 (Changes of Ward Modules according to the 2017 Revision of Medical Law)

  • 이현진;주연옥
    • KIEAE Journal
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    • 제17권1호
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    • pp.55-61
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    • 2017
  • Purpose : As the necessity of reinforcement of infections management in medical facilities after MERS increased, Ministry of Health and Welfare promulgated the enforcement regulations of medical law on February 3, 2017. Its main objective is to improve patients' safety and medical-care quality through the establishment of isolation facilities from infectious diseases and the set-up of standards for In-patient and ICU facilities. The purpose of this study is necessarily to propose a standardized spatial composition model for ward modules by analyzing changing environments of in-patient facilities according to the strengthened medical law. Method: Theoretical studies will be undergone of Evidence-based Designs to improve patients' safety, medical quality, and domestic/overseas in-patient room guidelines. With reference to the status of 24 general hospitals over 500 beds, the spatial compositions of the in-patient rooms and the types of multi/single bed room modules will be analyzed. The directions of future in-patient room module changes through the study of the minimum ward module types and various ward types will be presented. Result: This paper will hopefully provide guidelines for hospitalization rooms that can be applied to the revised rules of medical law enforcement and provide a basis for a comprehensive study of patients' safety and efficient infection control as well.

조선왕조(朝鮮王朝) 세종(世宗)의 복식정책(服飾政策) - 세종(世宗) 팔년(八年) "관복지제(官服之制)"의 제정동기(制定動機)와 그 실시(實施) 여부(如否) - (A Study on the Policy of the Dress and Clothing of Se-Jong in the Yi Dynasty)

  • 이상은
    • 복식
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    • 제5권
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    • pp.165-171
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    • 1981
  • During the period of 3rd Tae-Jong and 4th Se-Jong, Yi Dynasty has established sound basis for ruling power and aristocratic social cast system. And the regulation for official dress has also been firmly established during the same period. The establishment of KWAN BOK SACK (Office of Hat-Dress) in 16th year of Tae-Jong (1416 A.D.) and the enforcement of KWAN BOK JI JAE (System of Hat and Dress) in 8th year of Se-Jong(1426 A.D) indicates the completion of system of official dress in the dynasty. In this study, the author tried to find out the concept of color in the ruling society since the concept of color in KWAN BOK JI JAE, which is the social reglation in the fendal dynasty, had greatly been influenced by these class of people. Effort has also been given to investigate what motivated the establishment and enforcement of KWAN BOK JI JAE, through the descriptions revealed in SE-JONG SILLOK. It can be concluded in the first that, in KWAN BOK JI JAE no new color concept appeared and its significance only remains on the fact that it establshed the social regulations which were existed before. And secondly, the works of Se-Jong in KWAN BOK JI JAE, in contrast to his magnificance in other fields, only showed great influence of toadyism (Chinese culture).

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한.미 어업관리제도의 규제순응에 관한 비교 연구 (Comparative Analysis of Regulatory Compliance Issues in Korean and American Fisheries)

  • 이정삼;류정곤;남종오;김대영
    • 수산경영론집
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    • 제39권2호
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    • pp.1-23
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    • 2008
  • This study presents a comparative analysis of enforcement and regulatory compliance issues in Korean and American fisheries. The comparison involves characterizing factors which affect regulatory compliance. The study also suggests policy directions and strategies by characteristics of factors suitable to Korean fisheries circumstances in order to induce voluntary compliance from fishers and to make compliance friendly environment for the fishers. In detail, this study has 3 steps as follows. First, this study characterizes factors influencing compliance and non - compliance caused by various reasons and categorizes these factors by considering theories for fisheries regulatory compliance. Major categories of compliance factors consist of fisheries resources, users(fishers), and the government. Each category is composed of several factors and sub - factors by characteristics. Second, this study seeks to diagnose problems and limitations from the regulatory compliance in Korean and US' fisheries by analyzing the current status of the compliance in both countries. The comparative analysis between two countries highlights the problems and limitations of each country's regulatory compliance and leads to implications for Korean fisheries. Third, this study suggests policy directions and strategies suitable to Korean regulatory compliance environment through detailed understanding of U.S.' fisheries regulatory compliance. The suggested strategies are based on the concept of voluntary compliance and compliance - friendly environment, not command and control regulations. Furthermore, this study provides policy suggestions for Korean fisheries regulatory enforcement and compliance issues.

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드론에 의한 프라이버시 침해 방지 및 운용 상 문제 해결을 위한 입법 제안 (A Legislative Proposal to Prevent the Infringement of Privacy and to Solve Operational Problems by Drones)

  • 김용호;이경현
    • 정보보호학회논문지
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    • 제27권5호
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    • pp.1141-1147
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    • 2017
  • 드론은 조종사가 직접 항공기에 탑승하지 않고 지상에서 원격장치를 이용하여 무선으로 조종하는 항공기를 말한다. 현재 드론은 실종자 수색과 교통단속 등 경찰장비로 포함되어 활용되고 있다. 사람이 직접 눈으로 보고 수색하는 과정을 광학 성능이 뛰어난 카메라가 대신하며, 비행하며 촬영했던 영상을 이후 재검색할 수 있다는 장점이 있다. 하지만, 사법기관에서 규정과 원칙 없이 무분별하게 드론을 운용하여 범죄수사와 수색에 사용한다면 불특정 다수의 개인은 프라이버시와 개인정보 침해를 당할 것이다. 이에 본 논문에서는 현행 드론 운용에 대한 법적 문제와이의 해결 방안에 대하여 논의한다.

디지털자료 파기 명령 집행절차에 대한 연구 (A Study on the Digital Material Disposal Order System)

  • 김태성;이상진
    • 정보보호학회논문지
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    • 제27권4호
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    • pp.863-872
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    • 2017
  • 소송을 위해 사법기관으로 이관된 디지털자료는 법원의 기록물관리규정에 명시된 절차에 따라 파기하며, 피의자의 혐의를 입증하기 위해 수사기관이 수집한 디지털자료는 대검예규 제 876호(디지털 증거의 수집 분석 및 관리규정) 또는 경찰청 훈령 제 766호(디지털 증거 수집 및 처리 등에 관한 규칙)에 의거 명시된 절차에 따라 파기한다. 사법기관은 형사소송과 민사소송 확정판결 시 관계법령을 근거로 하여 소송의 쟁점이 되는 디지털자료에 대해 파기명령한다. 하지만 사법기관의 파기명령 시 이를 집행할 수 있는 구체적인 절차가 존재하지 않으며 유일하게 제시된 저작권법 시행령에는 집행주체를 전문성이 검증된 전문집행관이 아닌 관계공무원으로 명시하였고 파기절차나 방법을 디지털자료의 특성을 고려하여 제시하지 않아 사법기관이 파기명령 한 디지털자료 파기 시 문제가 발생하고 있다. 따라서 본 논문에서는 사법기관의 디지털자료 파기명령을 실효적으로 집행할 수 있는 디지털자료 파기명령집행절차를 제시한다.

Improvement Measures for Projects Subject to Environmental Impact Assessment in Urban Areas

  • CHO, Dong-Myung;LEE, Ju-Yeon;KWON, Woo-Taeg
    • 웰빙융합연구
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    • 제5권2호
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    • pp.43-50
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    • 2022
  • Purpose: The small-scale environmental impact assessment conducted during the development project stage has focused on the preservation of the natural environment centered on non-urban areas, due to the nature of urbanization, health problems for citizens of high-density urban areas have a limitation in that they are relatively neglected. In the case of strategic environmental impact assessment and environmental impact assessment in urban areas, there is no basis for evaluation in urban areas because there are exceptions to be excluded from the target projects or there are no target project regulations for buildings. Therefore, in this research, we examined the problems with the target project such as the current environmental impact assessment, and tried to establish a system improvement plan that can solve them. Research design, data and methodology: After reviewing the current environmental impact assessment-related laws (including enforcement ordinances) and national land planning laws (including enforcement ordinances), exceptions such as environmental impact assessment in urban areas were identified and problems were identified. Based on this, an amendment to the Enforcement Decree was proposed to provide institutional support for the expansion of target projects such as environmental impact assessment in urban areas. Results and Conclusions: Through this research, it is expected that the projects subject to environmental impact assessment on development projects in urban areas directly related to the health of the people will be expanded, and the net function of the environmental impact assessment system will be maximized.

전문대학에서 운용 중인 '과' 명칭을 '학과'로 변경 제안: 학칙과 고등교육법 (Proposal for a Change of the Name of the '과Gwa (Academic Department)' Operated by the Colleges to the '학과Haggwa (Academic Department)': School Regulations and Higher Education Act)

  • 구본경;성현호;이민우
    • 대한임상검사과학회지
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    • 제56권2호
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    • pp.181-187
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    • 2024
  • 본 연구의 목적은 전문대학에서 운용하는 '과' 명칭을 '학과'로 변경하고자 하는 것이다. 법체계상으로는 하위순위이지만, 「대학의 설립운영규정」과 「전문대학 3년제 학과 설치 기준에 관한 고시」에서는 학교 종류에 관계없이 학과 명칭을 사용하고 있다. 반면, 「고등교육법」과 「고등교육법 시행령」에서는 전문대학에 '과' 명칭을 사용하고 있다. 학과명은 전공 신설 및 교육과정 운영을 추진함에 있어 학칙 개정을 통해 '과' 명칭에서 '학과'로 변경할 수 있다. 본 연구에서는 "전문학사 이상 학위과정이학과 명칭으로 운영되는 것"이 타당하다고 판단된다.